Palm Springs City Council
January 13, 2023

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.

JANUARY 12, 2023

3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, 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

3:00 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.

January 12, 2023 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 December 5, 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 11-12-22 AND 11-26-22 TOTALING $4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS DATED 11-10-22 AND 11-23-22 TOTALING $12,683,747.75, IN THE AGGREGATE AMOUNT OF $17,307,472.42, DRAWN ON BANK OF AMERICA."

D. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL

REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING
RESOLUTION NO. 24947.”

E. MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
RECOMMENDATION:

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

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE

MODIFICATION OF THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS.”

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

F. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF January 12, 2023 City Council Regular Meeting Agenda 3 F. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC
RECOMMENDATION:

In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract 032620-LIO, in the amount of $117,710.32.

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

2. G. AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT

PRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC

ARTS PROJECTS
RECOMMENDATION:

Approve Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $20,000.

H. APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD RECOMMENDATION:

Approve funding in the amount of $20,000 of Public Art Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity Center.

I. RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT SHELTER SERVICES IN THE AMOUNT OF $105,464
RECOMMENDATION:

Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and Kitchen, increasing the contract amount by $105,484 for a total contract amount not to exceed $317,534 for temporary overnight shelter services from January 2, 2023, to February 28, 2023.

1. Authorize the Interim City Manager to make minor changes and execute all necessary documents.

2. January 12, 2023 City Council Regular Meeting Agenda 4

J. APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS

RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY EMPLOYEE

COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER

ASSOCIATION EMPLOYEES
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE CITY

OF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN AGREEMENT

TO INCLUDE EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES.”

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

2. K. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 23-24A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF

CALIFORNIA HEALTH & SAFETY CODE

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT

AGENCY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”

L. APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER
TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION MODULES FOR $256,531 AND ADJUSTING THE FIVE-YEAR CONTRACT TOTAL TO $3,842,497
RECOMMENDATION:

Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add payroll, HR, and budget preparation modules for $256,531, including implementation costs, adjusting the five-year contract total to $3,842,497.

1. Approve a contingency of $18,900 for unanticipated implementation costs.2.

Appropriate $256,531 from Capital Projects fund balance.3.

January 12, 2023 City Council Regular Meeting Agenda 5

M. APPROVAL OF AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 3

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

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

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

AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING RIVERSIDE

COUNTY TRANSPORTATION COMMISSION TRANSACTIONS AND USE TAX RECOMMENDATION:

Approve the Tribal Sales Tax Agreement.1.

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

2. O. RATIFY THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE PALM

SPRINGS INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:

Appoint Tony Michaelis, representing the City of Cathedral City, to the Palm Springs International Airport Commission effective immediately for a term ending June 30, 2024.

P. ACCEPTANCE OF RESIGNATIONS FROM THE AIRPORT COMMISSION, HUMAN

RIGHTS COMMISSION, AND SUSTAINABILITY COMMISSION
RECOMMENDATION:

Accept with regret the resignation of Thomas Weil from the Airport Commission, Terrie Andrade from the Human Rights Commission, and Randy Evans from the Sustainability Commission.

January 12, 2023 City Council Regular Meeting Agenda 6

Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2074 APPROVING 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)
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2074, “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 NON-CONFORMING CRITERIA TO

ALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A CONDITIONAL USE PERMIT (CASE 5.1539 ZTA).”

R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2076 APPROVING AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA) RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2076, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 92.00 OF THE PALM

SPRINGS ZONING CODE RELATED TO THE ZONING REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”

S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $598,828 FOR LIFT STATION NO. 1 IMPROVEMENTS, CITY PROJECT 22-43
RECOMMENDATION:

Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $598,828 for Lift Station No. 1 Improvements, City Project No. 22-43

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

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

January 12, 2023 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS:

A. 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:

Open the public hearing and receive public testimony.1.

Waive the second reading of the ordinance text in its entirety and adopt an Ordinance entitled, “AN ORDINANCE 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."

2. Waive the second reading of the ordinance text in its entirety and adopt an Ordinance entitled, “AN ORDINANCE 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.”

3. 3. BUSINESS & LEGISLATIVE:

A. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES,

CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS

AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS *The Staff Report for This Item will be available on Monday, January 9, 2023.

January 12, 2023 City Council Regular Meeting Agenda 8

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 January 6, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

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

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

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

January 12, 2023 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

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

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

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: January 12, 2023 CONSENT CALENDAR

SUBJECT
: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: T
eresa Gallavan, Interim City Manager
BY: Brenda P
ree, City Clerk
RECOMMENDATION:

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

BACKGROUND:

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

In order
to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state
or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

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

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

FISCAL IMPACT:

T
here 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
01/12/2023
SUBJECT:

APPROVAL OF MINUTES:

RECOMMENDATION:

Approve the City Council Meeting Minutes of December 5, 2022.

Attachments
Item 1B
Monday, December 05, 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, December 05, 2022, at 5:44 p.m.

PLEDGE OF ALLEGIANCE:

Boy Scout Troop 262 led the Pledge of Allegiance.

ROLL CALL:

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

Absent: Councilmember Dennis Woods

City Staff

Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Cassandra Edney, 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:

ACCEPTANCE OF THE AGENDA:

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

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of December 5, 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 December 5, 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:

Michael Joseph Pitkin
Phillip Wen
Steven Wijatyk
David Freedman

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. 1K.

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

Item 1B - Page 2
City Council Minutes December 5, 2022

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES B. APPROVAL OF MINUTES.

MOTION BY COUNCILMEMBER KORS , SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to approve City Council Meeting Minutes of November 10, 2022.

C. APPROVE PAYROLL WARRANTS, CLAIMS AND DEMANDS

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

Adopt Resolution No. 25073 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

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

1. 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 tot al 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.

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

DOOR MAINTENANCE SERVICES

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

1. 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 extension options at the City’s sole discretion.

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

Item 1B - Page 3
City Council Minutes December 5, 2022

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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

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

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.

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 PERMETER WALL AT A HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CAUSE 22-001 MURA).

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

Adopt Resolution No. 25074 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 2021-2022

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to receive and file the City’s Development Project Fee Report for Fiscal Year 2021-2022.

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)

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

Item 1B - Page 4
City Council Minutes December 5, 2022

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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.

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

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

1. 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).

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”

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4-0,

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

2. 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.”
L. APPROVAL UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN

CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK

RELATED TO INDIAN CANYOPN DRIVE WIDENING & BRIDGE
Item 1B - Page 5
City Council Minutes December 5, 2022

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES REPLACEMENT, CITY PROJECT NO. 01 -11, FEDERAL AID PROJECT NO.

BHLS-5282(017)

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

1. 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. BHLS-5282(017).

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

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

AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL

FOOD AND BEVERAGE SALES

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

1. Approve the Tribal Sales Tax Agreement.

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

N. APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI

CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL

BILLING AND RELATED SERVICES

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

1. 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.

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

O. AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS

SOLUTIONS

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

Item 1B - Page 6
City Council Minutes December 5, 2022

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

1. 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.

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

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)

ITEM WAS PULLED FOR A FUTURE MEETING OF 02/23/2023

3. BUSINESS & LEGISLATIVE:

A. APPROVE TEN- YEAR CONCESSION AGREEMENTS FOR RETAIL AND

FOOD AND BEVERAGE SERVICES AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

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

1. 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.

2. 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.

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

B. APPROVE AMENDMENT NO. 1 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH ALOE PALM CANYON, L.P. FOR DEVELOPMENT AND Item 1B - Page 7
City Council Minutes December 5, 2022

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

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.

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY KORS, CARRIED 4-0,

1. 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.

2. 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.

3. 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.

4. 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.

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.

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR PRO TEM
GARNER, CARRIED 4-0, to 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. PROPSED 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 CALIFOR NIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA EXISTING Item 1B - Page 8
City Council Minutes December 5, 2022

City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES BUILDLING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDLING CODE, AND ADOPTING AND AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE.

MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0, to accept

1. Waive the first reading of the ordinance text in its entirety and introduce an Ordinance No. 2078 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE 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

2. Waive the first reading of the ordinance text in its entirety and introduce an Ordinance No. 2079 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 FIRE CODE, INCLUDING CERTAIN APPENDICES.”

E. REVIEW CITY COUNCIL OF DECISIONS OF CITY BOARDS/COMMISSIONS,

AND OTHER OPTIONS FOR REVIEW AND CONSIDERATION OF MATTERS

BY CITY BOARDS AND COMMISSIONS

Discussion provided from City Council members to City Staff and City Attorney.

F. POTENTIAL CITY ACTION INCREASE THE DRIVERSITY OF CITY BOARDS, COMISSIONS, AND COMMITTEES.

Discussion provided from City Council members to City Staff.

PUBLIC COMMENT:

Item 1B - Page 9
City Council Minutes December 5, 2022

City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES Ken Hedrick, resident
Michael Joseph Pitkin, resident
Angie Lentz, resident
Brad Lundahl, resident
David Thompson, resident

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 Thursday, December 5, 2022, at 8:41 PM.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2022
Item 1B - Page 10

CITY COUNCIL STAFF REPORT
01/12/2023
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 11-12-22 AND 11-26-22 TOTALING $4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS DATED 11-10-22 AND 11-23-22 TOTALING $12,683,747.75, IN THE AGGREGATE AMOUNT OF $17,307,472.42, DRAWN ON BANK OF AMERICA."
Attachments
Item 1C

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,199,797.60
DEFERRED COMP: NATIONWIDE 25,575.65
ICMA RHS CONTRIBUTION 19,862.50
CA DCCS 2,670.04
DEFERRED COMP: ICMA 457 40,210.46
LIABILITY CHECK REGISTER 2007241-2007253 24,982.20
PAYROLL DIRECT DEPOSITS 1,595,927.96
FEDERAL TAXES 341,527.69
STATE TAXES 114,747.87
10,364.94
VENDOR WIRE PYMTS 4,173.91
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422178, 422180-422188 19,754.38
PAY DATE 11/18/2022
January 12, 2023
PAYROLL PERIOD ENDING 11/12/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 01122023 |12/22/2022 | 10:11 AM (AM) 1 | 1 Item 1C - Page 1

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Acting Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,423,927.07
DEFERRED COMP: NATIONWIDE 44,633.77
ICMA RHS CONTRIBUTION 19,712.50
CA DCCS 2,670.04
DEFERRED COMP: ICMA 457 71,911.21
LIABILITY CHECK REGISTER 2007435-2007448 24,759.23
PAYROLL DIRECT DEPOSITS 1,730,790.19
FEDERAL TAXES 371,724.49
STATE TAXES 123,789.19
10,224.90
VENDOR WIRE PYMTS 4,188.31
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422179, 422189-422197 19,523.24
PAY DATE 12/2/2022
January 12, 2023
PAYROLL PERIOD ENDING 11/26/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 01122023 (2) |12/22/2022 | 10:11 AM (AM) 1 | 1 Item 1C - Page 2
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2006992 11/10/2022 PRINTED 103606 139 FIRE LLC 24,995.00 2006993 11/10/2022 PRINTED 104074 21 CLETS LLC 2,310.00 2006994 11/10/2022 PRINTED 100292 ADMINSURE INC 20,187.00 2006995 11/10/2022 PRINTED 104045 ADVEXURE LLC 35,161.02 2006996 11/10/2022 PRINTED 101028 AEG BUREAU OF TOURISM 34,084.21 2006997 11/10/2022 PRINTED 101028 AEG BUREAU OF TOURISM 111,923.92 2006998 11/10/2022 PRINTED 101028 AEG BUREAU OF TOURISM 28,264.46 2006999 11/10/2022 PRINTED 101028 AEG BUREAU OF TOURISM 192,120.25 2007000 11/10/2022 PRINTED 100249 ALBERT A WEBB ASSOCIATES 19,894.75 2007001 11/10/2022 PRINTED 100053 ALLIED REFRIGERATION INC 7,499.67 2007002 11/10/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 4,064.04 2007003 11/10/2022 PRINTED 101245 THE ALTUM GROUP 4,709.08 2007004 11/10/2022 PRINTED 100572 AMAZON COM 52.45 2007005 11/10/2022 PRINTED 103781 AMAZON.COM SALES INC 3,231.23 2007006 11/10/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 2,722.24 2007007 11/10/2022 PRINTED 015669 NICHOLAS ANDRE 22.23 2007008 11/10/2022 PRINTED 103939 ARCONAS CORPORATION 3,698.11 2007009 11/10/2022 PRINTED 016447 JESUS ARENAS 723.71 2007010 11/10/2022 PRINTED 104083 AUDREYANA TORRES ARRIETA 500.00 2007011 11/10/2022 PRINTED 101698 PALM SPRINGS FBO TWO, LLC 500.00 2007012 11/10/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 3,201.12 2007013 11/10/2022 PRINTED 015419 DUSTIN AVNER 960.00 2007014 11/10/2022 PRINTED 101345 LUIS AZARCOYA 500.00 2007015 11/10/2022 PRINTED 100413 B & H PHOTO 320.93 2007016 11/10/2022 PRINTED 104048 LISE BAADH 160.00 2007017 11/10/2022 PRINTED 100502 BADGE FRAME INC 239.92 2007018 11/10/2022 PRINTED 103994 BANNER BANK 28,129.91 2007019 11/10/2022 PRINTED 016281 REYNALDO BERMUDEZ 380.52 2007020 11/10/2022 PRINTED 100020 BEST BEST & KRIEGER 354,740.60 2007021 11/10/2022 PRINTED 100139 BEST SIGNS INC 2,605.61 2007022 11/10/2022 PRINTED 100366 BIO TOX LABORATORIES 2,210.00 2007023 11/10/2022 PRINTED 101858 BLACK DIAMOND SOLUTIONS 22,273.90 2007024 11/10/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 522,975.99 2007025 11/10/2022 PRINTED 103721 BLUEBEAM INC 400.00 2007026 11/10/2022 PRINTED 015124 SANDRA BOSLER 43.62 2007027 11/10/2022 PRINTED 104026 KEITH MICHAEL BRICE 24,739.50 2007028 11/10/2022 PRINTED 100128 BRODART CO 8,139.43 2007029 11/10/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 35.30 2007030 11/10/2022 PRINTED 010649 JON CABRERA 124.86 2007031 11/10/2022 PRINTED 015951 JENNIFER RIVERA CALLEROS 1,128.04 2007032 11/10/2022 PRINTED 015238 WILLIE CASTILLO 145.46 2007033 11/10/2022 PRINTED 100112 CDW GOVERNMENT INC 1,432.76 2007034 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,253.35 2007035 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 319.98 2007036 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 229.98 2007037 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,319.45 2007038 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 129.99 2007039 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,769.00 2007040 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 107.98 2007041 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 2007042 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 234.99 2007043 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 Item 1C - Page 3
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007044 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,213.24 2007045 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 19.99 2007046 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 209.97 2007047 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2007048 11/10/2022 PRINTED 100353 CHARTER COMMUNICATIONS HO 585.45 2007049 11/10/2022 PRINTED 100558 CINTAS CORPORATION 342.91 2007050 11/10/2022 PRINTED 100652 CLEARS INC 50.00 2007051 11/10/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 22,003.20 2007052 11/10/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 75,000.00 2007053 11/10/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 31,937.00 2007054 11/10/2022 PRINTED 101238 CONSERVE LANDCARE LLC 216,942.10 2007055 11/10/2022 PRINTED 103771 CORE COMPLIANCE LLC 180,094.14 2007056 11/10/2022 PRINTED 100205 NANCY K BOHL INC 1,177.50 2007057 11/10/2022 PRINTED 100326 CROSSROADS SOFTWARE 3,900.00 2007058 11/10/2022 PRINTED 103979 BLACK DIAMOND BLADE/CUTTI 9,997.12 2007059 11/10/2022 PRINTED 100490 CVCC 10,595.48 2007060 11/10/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 5,776.99 2007061 11/10/2022 PRINTED 100265 DELL MARKETING LP 23,902.53 2007062 11/10/2022 PRINTED 101281 DELTA DENTAL HMO 1,920.85 2007063 11/10/2022 PRINTED 101282 DELTA DENTAL PPO 20,784.03 2007064 11/10/2022 PRINTED 100067 DEMCO 185.01 2007065 11/10/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,086.98 2007066 11/10/2022 PRINTED 101244 DOWNS ENERGY 34,983.25 2007067 11/10/2022 PRINTED 100984 DTPS C-15 LLC 3,182.71 2007068 11/10/2022 PRINTED 100054 DESERT WATER AGENCY 57,344.98 2007069 11/10/2022 PRINTED 100054 DESERT WATER AGENCY 17,235.73 2007070 11/10/2022 PRINTED 100054 DESERT WATER AGENCY 369.91 2007071 11/10/2022 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 983,990.87 2007072 11/10/2022 PRINTED 103829 ALEXANDRA JABR 3,633.12 2007073 11/10/2022 PRINTED 101293 ENGIE SERVICES U.S. INC. 13,685.00 2007074 11/10/2022 PRINTED 100274 ENGINEERING RESOURCES OF 9,164.75 2007075 11/10/2022 PRINTED 100226 ENTERPRISE RENT A CAR 2,446.13 2007076 11/10/2022 PRINTED 103708 EPLUS TECHNOLOGY INC 57,408.85 2007077 11/10/2022 PRINTED 101478 ESO SOLUTIONS 3,499.47 2007078 11/10/2022 PRINTED 100300 ESRI 1,558.00 2007079 11/10/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 5.73 2007080 11/10/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 11.65 2007081 11/10/2022 PRINTED 010803 KELLY FIEUX 309.38 2007082 11/10/2022 PRINTED 010996 TODD FITE 289.38 2007083 11/10/2022 PRINTED 101194 FLEX ADVANTAGE 666.75 2007084 11/10/2022 PRINTED 010958 SHAWN FLINN 67.99 2007085 11/10/2022 PRINTED 015746 ROBERT FONTES 456.64 2007086 11/10/2022 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,026.75 2007087 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,637.30 2007088 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,109.97 2007089 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,230.47 2007090 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2007091 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 83.82 2007092 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2007093 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.12 2007094 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 145.68 2007095 11/10/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 79.61 Item 1C - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007096 11/10/2022 PRINTED 104046 GALLAGHER BENEFIT SERVICE 6,250.00 2007097 11/10/2022 PRINTED 011060 ARNOLD GALVAN 855.00 2007098 11/10/2022 PRINTED 016236 RICKEY GANDHI 330.75 2007099 11/10/2022 PRINTED 016099 JOHN GARCIA 163.13 2007100 11/10/2022 PRINTED 100169 GENSLER & ASSOCIATES ARCH 12,286.05 2007101 11/10/2022 PRINTED 100536 GLS 98.97 2007102 11/10/2022 PRINTED 100958 GOVERNMENT TAX SEMINARS L 550.00 2007103 11/10/2022 PRINTED 010942 EDWARD GRAFF 115.00 2007104 11/10/2022 PRINTED 015811 ALI HARANDI 200.00 2007105 11/10/2022 PRINTED 101343 HARRIS AND ASSOCIATES INC 5,001.20 2007106 11/10/2022 PRINTED 104078 EVAN HICKMAN 55.00 2007107 11/10/2022 PRINTED 100729 HIRE RIGHT LLC 5,246.76 2007108 11/10/2022 PRINTED 100433 IGOE AND COMPANY INC 11.75 2007109 11/10/2022 PRINTED 100483 INFOSAT 228.30 2007110 11/10/2022 PRINTED 100119 INTERACTIVE DESIGN CORP 874.00 2007111 11/10/2022 PRINTED 100199 INTERNATIONAL CODE COUNCI 955.09 2007112 11/10/2022 PRINTED 100107 INTERNATIONAL INSTSTITUTE 150.00 2007113 11/10/2022 PRINTED 100444 JESSUP AUTO PLAZA COLLISI 919.90 2007114 11/10/2022 PRINTED 015477 JUAN JIMENEZ 635.20 2007115 11/10/2022 PRINTED 101700 JNS NEXT CREATIVE AND MED 1,635.30 2007116 11/10/2022 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 99,496.00 2007117 11/10/2022 PRINTED 015371 JOSE AVILA 163.13 2007118 11/10/2022 PRINTED 100432 MAUREEN KANE AND ASSOCIAT 1,500.00 2007119 11/10/2022 PRINTED 100336 KEENAN AND ASSOCIATES 20,723.69 2007120 11/10/2022 PRINTED 015711 KENNETH KERSHAW 123.90 2007121 11/10/2022 PRINTED 016436 MAX KIRK 592.08 2007122 11/10/2022 PRINTED 101369 KNOWLEDGE KEY ASSOCIATES 6,490.00 2007123 11/10/2022 PRINTED 101200 KOA CORPORATION 40,754.89 2007124 11/10/2022 PRINTED 010969 MICHAEL KOVALEFF 200.00 2007125 11/10/2022 PRINTED 101785 KRONOS 530.92 2007126 11/10/2022 PRINTED 015430 LEMBIT KULBIN 125.00 2007127 11/10/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 32,997.50 2007128 11/10/2022 PRINTED 100332 LIEBERT CASSIDY WHITMORE 5,092.50 2007129 11/10/2022 PRINTED 015981 JACKIE LINARES 224.45 2007130 11/10/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,763.08 2007131 11/10/2022 PRINTED 104075 LOCT ASSOCIATES LLC 3,280.00 2007132 11/10/2022 PRINTED 016368 CAMERON LOPEZ 163.13 2007133 11/10/2022 PRINTED 016408 FRANCES LOPEZ 1,050.00 2007134 11/10/2022 PRINTED 016397 DAISY MACIAS 1,050.00 2007135 11/10/2022 PRINTED 011022 JAIME MACIAS 125.00 2007136 11/10/2022 PRINTED 100849 MANSFIELD POWER AND GAS L 91,531.90 2007137 11/10/2022 PRINTED 016433 CHLOE MASON 592.08 2007138 11/10/2022 PRINTED 016245 REBECA CHAVES MCKEOWN 93.76 2007139 11/10/2022 PRINTED 016290 DANIEL MEIER 134.97 2007140 11/10/2022 PRINTED 015156 CHARLES MENLEY 868.24 2007141 11/10/2022 PRINTED 103648 METOCEAN TELEMATICS 1,200.00 2007142 11/10/2022 PRINTED 016115 LISA MIDDLETON 241.26 2007143 11/10/2022 PRINTED 101798 MIDWEST TAPE INC 6,769.57 2007144 11/10/2022 PRINTED 100223 MOBILE MINI LLC CA 1,126.94 2007145 11/10/2022 PRINTED 016018 WILLIAM MOSS 4.35 2007146 11/10/2022 PRINTED 100765 GOVERNMENT REVENUE SOLUTI 2,750.00 2007147 11/10/2022 PRINTED 104077 JOSUE MUNOZ 55.00 Item 1C - Page 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007148 11/10/2022 PRINTED 101211 NAI CONSULTING 6,273.00 2007149 11/10/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 283.88 2007150 11/10/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,483.72 2007151 11/10/2022 PRINTED 103836 ORTIZ ELDER 487.12 2007152 11/10/2022 PRINTED 015912 JULIE OSBURN 410.34 2007153 11/10/2022 PRINTED 101290 PACIFIC MEDICAL WASTE 211.90 2007154 11/10/2022 PRINTED 100282 PACIFIC PRODUCTS AND SERV 1,868.18 2007155 11/10/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 8,840.70 2007156 11/10/2022 PRINTED 100092 PALM SPRINGS CYCLERY INC 1,491.73 2007157 11/10/2022 PRINTED 100133 PALM SPRINGS MOTORS 4,760.66 2007158 11/10/2022 PRINTED 100106 PALM SPRINGS MOUNTED POLI 5,764.09 2007159 11/10/2022 PRINTED 103236 PARK CONSULTING GROUP INC 44,230.00 2007160 11/10/2022 PRINTED 103088 PPT HOLDINGS I LLC 2,780.88 2007161 11/10/2022 PRINTED 015226 ANTHONY PILUTIK 164.04 2007162 11/10/2022 PRINTED 101434 PLACEWORKS 8,541.95 2007163 11/10/2022 PRINTED 101767 PROFORMA SOCAL 341.67 2007164 11/10/2022 PRINTED 100596 PROPER SOLUTIONS INC 52,667.29 2007165 11/10/2022 PRINTED 100654 PS RESORTS 62,682.00 2007166 11/10/2022 PRINTED 100307 PYRO SPECTACULARS INC 8,000.00 2007167 11/10/2022 PRINTED 103563 PYRO-COMM SYSTEMS INC 140.00 2007168 11/10/2022 PRINTED 101642 QUENCH USA INC 50.00 2007169 11/10/2022 PRINTED 101352 J REFUGIO & REYNA VALTIER 48,407.86 2007170 11/10/2022 PRINTED 100239 RALPH ANDERSEN AND ASSOCI 16,450.00 2007171 11/10/2022 PRINTED 016206 CARLOS RAMIREZ 142.92 2007172 11/10/2022 PRINTED 101629 THE RAMSAY GROUP 5,025.00 2007173 11/10/2022 PRINTED 015310 RYAN RASO 576.90 2007174 11/10/2022 PRINTED 015310 RYAN RASO 621.90 2007175 11/10/2022 PRINTED 101527 RATTLE TECH LLC 500.00 2007176 11/10/2022 PRINTED 016298 BRANDON RIGG 317.25 2007177 11/10/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2007178 11/10/2022 PRINTED 103678 ROADRUNNER PRINTING AND S 1,120.90 2007179 11/10/2022 PRINTED 016434 ALEJANDRA RODRIGUEZ 592.08 2007180 11/10/2022 PRINTED 016106 BERNARD RYAN 54.35 2007181 11/10/2022 PRINTED 015943 GREG SANCHEZ 125.00 2007182 11/10/2022 PRINTED 016136 STEPHANIE SANDOVAL 260.62 2007183 11/10/2022 PRINTED 016201 RILEY SCALES 129.00 2007184 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 62.16 2007185 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,050.43 2007186 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,384.56 2007187 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 112.87 2007188 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 128.52 2007189 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 667.15 2007190 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8.93 2007191 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 123,206.84 2007192 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 46.57 2007193 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,922.12 2007194 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18.70 2007195 11/10/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,889.92 2007196 11/10/2022 PRINTED 100546 SHADE STRUCTURES INC 14,357.66 2007197 11/10/2022 PRINTED 100435 THE SHREDDERS 369.00 2007198 11/10/2022 PRINTED 104049 SIMPLIFY COMPLIANCE LLC 20,116.33 2007199 11/10/2022 PRINTED 100330 SOURCE GRAPHICS 9,675.08 Item 1C - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007200 11/10/2022 PRINTED 100000 SOUTH COAST AQMD 2,455.86 2007201 11/10/2022 PRINTED 101594 SOUTH COAST MECHANICAL IN 46,400.00 2007202 11/10/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 15.02 2007203 11/10/2022 PRINTED 100120 SPOK INC 46.87 2007204 11/10/2022 PRINTED 100284 STANTEC CONSULTING SVCS I 68,135.04 2007205 11/10/2022 PRINTED 100825 STATE OF CA-DEPT OF FORES 250.00 2007206 11/10/2022 PRINTED 103901 STEVE P RADOS INC 534,468.29 2007207 11/10/2022 PRINTED 016437 CLYDE SUMMERS 156.23 2007208 11/10/2022 PRINTED 100900 TERRA NOVA PLANNING AND R 14,933.20 2007209 11/10/2022 PRINTED 016035 MICHAEL TORRES 570.00 2007210 11/10/2022 PRINTED 015883 MIGUEL TORRES 44.35 2007211 11/10/2022 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 5,750.00 2007212 11/10/2022 PRINTED 101391 TRANSUNION RISK AND ALTER 381.00 2007213 11/10/2022 PRINTED 103993 ALEJANDRA VALENCIA TRUJIL 55.00 2007214 11/10/2022 PRINTED 100646 YOLANDA GELLIS 1,250.00 2007215 11/10/2022 PRINTED 100386 U S CUSTOMS SERVICE 6,249.62 2007216 11/10/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 144,595.79 2007217 11/10/2022 PRINTED 101784 V AND V MANUFACTURING 48.28 2007218 11/10/2022 PRINTED 100066 VALLEY MAIL DELIVERY 3,424.15 2007219 11/10/2022 PRINTED 100099 VALUE LINE PUBLISHING INC 3,650.00 2007220 11/10/2022 PRINTED 016151 MARCO VELA 234.60 2007221 11/10/2022 PRINTED 100621 VERIZON BUSINESS 1,151.05 2007222 11/10/2022 PRINTED 100144 VERIZON WIRELESS 2,324.83 2007223 11/10/2022 PRINTED 100144 VERIZON WIRELESS 882.23 2007224 11/10/2022 PRINTED 100144 VERIZON WIRELESS 1,963.49 2007225 11/10/2022 PRINTED 100144 VERIZON WIRELESS 3,383.10 2007226 11/10/2022 PRINTED 100144 VERIZON WIRELESS 2,006.35 2007227 11/10/2022 PRINTED 100144 VERIZON WIRELESS 37.89 2007228 11/10/2022 PRINTED 103697 VESTA HOUSING SOLUTIONS L 2,567.38 2007229 11/10/2022 PRINTED 101339 VIGILANT SOLUTIONS LLC 11,700.00 2007230 11/10/2022 PRINTED 100050 VISION SERVICE PLAN 80.52 2007231 11/10/2022 PRINTED 100121 VISIT GREATER PALM SPRING 57,234.51 2007232 11/10/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 4,519.54 2007233 11/10/2022 PRINTED 104076 BHARAT VITHAL 1,681.00 2007234 11/10/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 350.00 2007235 11/10/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 3,355.17 2007236 11/10/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 9,498.21 2007237 11/10/2022 PRINTED 100222 WEST COAST ARBORISTS INC 50,268.71 2007238 11/10/2022 PRINTED 101680 WEST COAST CODE CONSULTAN 34,081.08 2007239 11/10/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 822.83 2007240 11/10/2022 PRINTED 103825 ZOOM VIDEO COMMUNICATIONS 330.82 249 CHECKS CASH ACCOUNT TOTAL 5,144,614.58 .00 Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/10/2022 16:13
User: PatrickW
Program ID: apchkrcn

UNCLEARED CLEARED
249 CHECKS FINAL TOTAL 5,144,614.58 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/23/2022 10:16
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007254 11/23/2022 PRINTED 101719 A TINEE SOUND INC 16,509.45 2007255 11/23/2022 PRINTED 101208 ABM AVIATION INC 76,100.47 2007256 11/23/2022 PRINTED 100315 ACE PARKING MANAGEMENT IN 29,974.56 2007257 11/23/2022 PRINTED 100292 ADMINSURE INC 20,187.00 2007258 11/23/2022 PRINTED 103690 AEROCLOUD SYSTEMS INC 28,997.00 2007259 11/23/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 4,500.00 2007260 11/23/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 39,315.40 2007261 11/23/2022 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 6,123.43 2007262 11/23/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 9,264.38 2007263 11/23/2022 PRINTED 100755 ALTA LANGUAGE SERVICES IN 132.00 2007264 11/23/2022 PRINTED 100572 AMAZON COM 249.63 2007265 11/23/2022 PRINTED 103781 AMAZON.COM SALES INC 51.11 2007266 11/23/2022 PRINTED 103781 AMAZON.COM SALES INC 227.66 2007267 11/23/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 224.18 2007268 11/23/2022 PRINTED 103528 ARCHITECTURAL RESOURCES G 84,227.50 2007269 11/23/2022 PRINTED 100370 AT&T 291.61 2007270 11/23/2022 PRINTED 103679 AVIDEX INDUSTRIES LLC 22,480.75 2007271 11/23/2022 PRINTED 015627 DONALD BENSTEAD JR 4,426.74 2007272 11/23/2022 PRINTED 015789 LAUREN BIXLER 47.00 2007273 11/23/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 507,614.09 2007274 11/23/2022 PRINTED 104088 FENTON BOOTH 3,840.00 2007275 11/23/2022 PRINTED 100128 BRODART CO 4,366.76 2007276 11/23/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 4,357.30 2007277 11/23/2022 PRINTED 101463 BSN SPORTS LLC 5,425.50 2007278 11/23/2022 PRINTED 100023 CA PUBLIC EMPLOYEES RETIR 2,067.21 2007279 11/23/2022 PRINTED 101193 CANYON COPY AND PRINT 9,782.68 2007280 11/23/2022 PRINTED 100551 CAPIO 30.00 2007281 11/23/2022 PRINTED 100112 CDW GOVERNMENT INC 5,577.54 2007282 11/23/2022 PRINTED 103543 R E CHAFFEE CONSTRUCTION 59,935.54 2007283 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2007284 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2007285 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007286 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2007287 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2007288 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2007289 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2007290 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 156.56 2007291 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2007292 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2007293 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007294 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007295 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007296 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2007297 11/23/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2007298 11/23/2022 PRINTED 100558 CINTAS CORPORATION 127.39 2007299 11/23/2022 PRINTED 100558 CINTAS CORPORATION 183.85 2007300 11/23/2022 PRINTED 101771 CMS COMMUNICATIONS INC 1,192.16 2007301 11/23/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 3,862.38 2007302 11/23/2022 PRINTED 015397 LUCIANO COLANTUONO 57.02 2007303 11/23/2022 PRINTED 104065 COTA SECURITY SERVICES IN 49,980.00 2007304 11/23/2022 PRINTED 100205 NANCY K BOHL INC 8,475.00 2007305 11/23/2022 PRINTED 103970 DAVID PERRY & ASSOCIATES, 6,400.00 Item 1C - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/23/2022 10:16
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007306 11/23/2022 PRINTED 015590 ARASELI DE LA ROSA 45.00 2007307 11/23/2022 PRINTED 100265 DELL MARKETING LP 131,385.98 2007308 11/23/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 105.00 2007309 11/23/2022 PRINTED 100479 DESERT AIDS PROJECT 2,809,000.00 2007310 11/23/2022 PRINTED 100150 DESERT PUBLICATIONS INC 7,500.00 2007311 11/23/2022 PRINTED 100008 DESERT SUN PUBLISHING COM 6,579.88 2007312 11/23/2022 PRINTED 100609 DIRECTV 43.99 2007313 11/23/2022 PRINTED 103662 CHARLES DONLEY 1,100.00 2007314 11/23/2022 PRINTED 100616 DREAM SHAPERS 650.00 2007315 11/23/2022 PRINTED 100294 DUDEK 7,550.00 2007316 11/23/2022 PRINTED 101179 MARIANA DUSPIVA 714.00 2007317 11/23/2022 PRINTED 100054 DESERT WATER AGENCY 24,259.27 2007318 11/23/2022 PRINTED 100054 DESERT WATER AGENCY 3,078.48 2007319 11/23/2022 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 4,465.00 2007320 11/23/2022 PRINTED 100274 ENGINEERING RESOURCES OF 2,480.00 2007321 11/23/2022 PRINTED 016143 AMANDA ENRIQUEZ 3,736.62 2007322 11/23/2022 PRINTED 100376 EXPERIAN 77.00 2007323 11/23/2022 PRINTED 101194 FLEX ADVANTAGE 672.00 2007324 11/23/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 92,950.17 2007325 11/23/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 562.74 2007326 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.91 2007327 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2007328 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2007329 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 145.68 2007330 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 83.82 2007331 11/23/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 83.82 2007332 11/23/2022 PRINTED 103574 FULL COMPASS SYSTEMS LTD 2,311.57 2007333 11/23/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 476.20 2007334 11/23/2022 PRINTED 100724 BGF LLC / GAY DESERT GUID 357.00 2007335 11/23/2022 PRINTED 104079 PATRICIA A GRANA 30.00 2007336 11/23/2022 PRINTED 104089 TRINIDAD GUTIERREZ 55.00 2007337 11/23/2022 PRINTED 103998 JANE M GUY 528.00 2007338 11/23/2022 PRINTED 101535 HINGEWERKS COMMERCIAL DOO 6,538.55 2007339 11/23/2022 PRINTED 104063 OCL2020 LLC 78,376.02 2007340 11/23/2022 PRINTED 101274 INTELESYSONE 1,666.00 2007341 11/23/2022 PRINTED 101505 INTENT DIGITAL LLC 4,300.00 2007342 11/23/2022 PRINTED 101727 IRON MOUNTAIN 212.27 2007343 11/23/2022 PRINTED 015689 CHRISTOPHER JAEGER 4,460.67 2007344 11/23/2022 PRINTED 100336 KEENAN AND ASSOCIATES 2,457.87 2007345 11/23/2022 PRINTED 101606 KINCAID INDUSTRIES INC 4,076.06 2007346 11/23/2022 PRINTED 100127 L N CURTIS AND SONS 3,457.19 2007347 11/23/2022 PRINTED 104090 CHRISTINA LA 55.00 2007348 11/23/2022 PRINTED 010982 OWEN ERIK LARSON 36.03 2007349 11/23/2022 PRINTED 101768 LEXIPOL LLC 15,668.02 2007350 11/23/2022 PRINTED 101800 LIBRARY IDEAS 7,725.00 2007351 11/23/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 64,069.94 2007352 11/23/2022 PRINTED 100208 MANAGED HEALTH NETWORK IN 5,745.60 2007353 11/23/2022 PRINTED 101798 MIDWEST TAPE INC 5,873.76 2007354 11/23/2022 PRINTED 016362 ANDREW MILLS 176.10 2007355 11/23/2022 PRINTED 100079 MOHICA TOWING 230.00 2007356 11/23/2022 PRINTED 103876 MONOPRICE INC 673.72 2007357 11/23/2022 PRINTED 016166 JOEL MONTALVO 1,110.56 Item 1C - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/23/2022 10:16
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007358 11/23/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 3,771.22 2007359 11/23/2022 PRINTED 104057 DONNA S NEWTON 1,469.00 2007360 11/23/2022 PRINTED 104073 NO ACCESS ARMOR 7,201.55 2007361 11/23/2022 PRINTED 100713 NO VACANCY TONIGHT LLC 138,918.99 2007362 11/23/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,458.44 2007363 11/23/2022 PRINTED 015912 JULIE OSBURN 155.00 2007364 11/23/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 20,000.00 2007365 11/23/2022 PRINTED 100071 PALM SPRINGS CONVENTION C 1,365.00 2007366 11/23/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 249.03 2007367 11/23/2022 PRINTED 103848 PROFESSIONAL ASBESTOS REM 8,875.00 2007368 11/23/2022 PRINTED 103828 PAVEMENT COATINGS CO 42,892.34 2007369 11/23/2022 PRINTED 101516 PHOTOS BY LANI 400.00 2007370 11/23/2022 PRINTED 104071 SKYE HIGH DESIGN INC 300.00 2007371 11/23/2022 PRINTED 103562 PLANETBIDS INC 6,232.79 2007372 11/23/2022 PRINTED 104033 POWERDMS INC 9,578.00 2007373 11/23/2022 PRINTED 101374 PRECISION TECHNOLOGIES 2,677.00 2007374 11/23/2022 PRINTED 101767 PROFORMA SOCAL 304.01 2007375 11/23/2022 PRINTED 100596 PROPER SOLUTIONS INC 16,483.84 2007376 11/23/2022 PRINTED 101658 THE PUN GROUP LLP 20,000.00 2007377 11/23/2022 PRINTED 101250 PWLC II INC 75,554.96 2007378 11/23/2022 PRINTED 103563 PYRO-COMM SYSTEMS INC 70.00 2007379 11/23/2022 PRINTED 101692 THE QUOTIENT GROUP LLC 6,125.00 2007380 11/23/2022 PRINTED 101230 R S AND H CALIFORNIA INC 2,924.34 2007381 11/23/2022 PRINTED 100076 RCLEAA 360.00 2007382 11/23/2022 PRINTED 103643 REGENTS UNIVERSITY OF CAL 911.00 2007383 11/23/2022 PRINTED 101974 RENOVA ENERGY 378.52 2007384 11/23/2022 PRINTED 015970 MAX REYNOSO 99.99 2007385 11/23/2022 PRINTED 103678 ROADRUNNER PRINTING AND S 1,108.89 2007386 11/23/2022 PRINTED 010821 RICHARD ROBINSON 101.87 2007387 11/23/2022 PRINTED 100325 SAVOURYS GOOD EARTH CUISI 1,605.98 2007388 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 50,809.47 2007389 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,758.26 2007390 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 9,566.05 2007391 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18.01 2007392 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 73.52 2007393 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 212.72 2007394 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 368.88 2007395 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 49,155.13 2007396 11/23/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 853.79 2007397 11/23/2022 PRINTED 100546 SHADE STRUCTURES INC 36,072.32 2007398 11/23/2022 PRINTED 100435 THE SHREDDERS 41.00 2007399 11/23/2022 PRINTED 103804 WEST AVIATION SERVICES-SA 26,041.50 2007400 11/23/2022 PRINTED 101677 SOCAL PPE LLC 682.81 2007401 11/23/2022 PRINTED 101852 SOLARCITY CORP 8,823.28 2007402 11/23/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 28,245.46 2007403 11/23/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 66.40 2007404 11/23/2022 PRINTED 104067 SPARTAN CONCRETE AND ASPH 1,120.00 2007405 11/23/2022 PRINTED 103878 SOLOMON N NIMAKO 6,050.00 2007406 11/23/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 14,796.00 2007407 11/23/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 1,119.60 2007408 11/23/2022 PRINTED 101600 SWINERTON BUILDERS 2,016,777.43 2007409 11/23/2022 PRINTED 100448 TALX CORPORATION 1,084.31 Item 1C - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/23/2022 10:16
User: PatrickW
Program ID: apchkrcn

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2007410 11/23/2022 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 1,827.50 2007411 11/23/2022 PRINTED 104094 CALIFORNIA MULTI-AGENCY S 3,996.00 2007412 11/23/2022 PRINTED 103796 TRANSCORE HOLDINGS INC 23,962.45 2007413 11/23/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 1,260.00 2007414 11/23/2022 PRINTED 100386 U S CUSTOMS SERVICE 2,608.19 2007415 11/23/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 561.18 2007416 11/23/2022 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 49,000.00 2007417 11/23/2022 PRINTED 101327 US SECURITY ASSOCIATES IN 173,232.30 2007418 11/23/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 817.30 2007419 11/23/2022 PRINTED 016151 MARCO VELA 95.00 2007420 11/23/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 36,619.00 2007421 11/23/2022 PRINTED 103696 ETERNAL LOVE LLC 21,414.96 2007422 11/23/2022 PRINTED 100050 VISION SERVICE PLAN 5,851.12 2007423 11/23/2022 PRINTED 100121 VISIT GREATER PALM SPRING 206,712.21 2007424 11/23/2022 PRINTED 101484 VITAC 2,640.00 2007425 11/23/2022 PRINTED 016439 TAMARA WADKINS 21.52 2007426 11/23/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 3,386.31 2007427 11/23/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 22,926.75 2007428 11/23/2022 PRINTED 100222 WEST COAST ARBORISTS INC 4,636.55 2007429 11/23/2022 PRINTED 103973 WEX HEALTH INC 2,252.25 2007430 11/23/2022 PRINTED 101824 WILLDAN ENGINEERING 684.00 2007431 11/23/2022 PRINTED 104095 JAMES AND/OR JOANNE WINFR 100.00 2007432 11/23/2022 PRINTED 100461 WOMEN LEADERS FORUM 534.00 2007433 11/23/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 270.00 2007434 11/23/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,193.89 181 CHECKS CASH ACCOUNT TOTAL 7,539,133.17 .00 Item 1C - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 11/23/2022 10:16
User: PatrickW
Program ID: apchkrcn

UNCLEARED CLEARED
181 CHECKS FINAL TOTAL 7,539,133.17 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
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 11-12-22 AND 1 1-26-22 TOTALING
$4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS
DATED 11-10-22 AND 11-23-22 TOTALING $12,683,747.75,
IN THE AGGREGATE AMOUNT OF $ 17,307,472.42,
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.

Kristopher J. Mooney
Acting Director of Finance and Treasury

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 12TH DAY OF JANUARY, 2023
.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1C - Page 14
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1C - Page 15

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24947.” Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2023

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24947.”

BACKGROUND:

The Palm Springs Ci ty Charter Section 307 authorizes the City Council to adopt a resolution or ordinance to establish the dates and times for its regular meetings. On December 4, 2019, the City Council adopted Ordinance No. 2006 to allow the regular meeting schedule to be adopted by Resolution. On August 6, 2020, the City Council adopted Resolution No. 24790, setting the regular meetings on the second and fourth Thursday of each month at 5:30 p.m., unless otherwise noted.

To address possible conflicts, Staff has developed a draft meeting schedule for 2023, as outlined in Attachment 1 . Alternatively, the City Council may provide direction on additional modifications to the meeting schedule.

FISCAL IMPACT
:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

Attachment:

1. Resolution
Item 1D - Page 1
======~1===---=========--­
RESOLUTION NO. 25075

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE CITY

COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME
AND RESCINDING RESOLUTION NO. 24947

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

WHEREAS, Section 307 of the Palm Springs City Charter requires that regular
meetings of the City Council be established by ordinance or resolution; and

WHEREAS, on December 4, 2019, the City Council adopted Ordinance No. 2006 to allow its regular meeting schedule to be set by resolution; and

WHEREAS, on October 28, 2021, the City Council adopted Resolution No. 24947 setting its regular meetings on the second and fourth Thursday of each month at 5:30 p.m., unless otherwise reschedule or canceled.

WHEREAS, the City Council desires to confirm its meeting schedule for 2023 as the second and fourth Thursday of each month at 5:30 p.m. unless otherwise rescheduled or canceled.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SP RINGS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1
. Regular meetings of the City Council shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Thursday of each month at the hour of 5:30 p.m. When the regular meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council at a regular meeting of the City Council.

SECTION 2. Regular meetings of the City Council acting as the governing boards of the successor agency, housing authority, and/or financing authority, shall be held in the City, at City Hall, 3200 East Tahquitz Canyon Way, on the second and fourth Thursday of each month at the hour of 5:30 p.m. When the meeting falls on a legal holiday, the meeting shall be held on the following day unless otherwise determined by the City Council acting as the governing boards

SECTION 3. Closed sessions of the City Council and/or the governing boards as provided in this Resolution may be conducted prior to the 5:3 0 p.m. business portion of regular meetings and as noticed from time to time on the agenda for such meetings. The time scheduled will depend upon the number of items to be considered and the complexity of the i ssues to be discussed. If necessary, closed sessions not completed prior to the Item 1D - Page 2
Resolution No. 25075

business portion of the meeting may be considered at the conclusion of the business portion of the meeting or as otherwise determined by the City Council.

SECTION 4. The City Council has canceled and/or rescheduled certain meetings as outlined in Exhibit A.

SECTION 5. Resolution No. 24947 is hereby rescinded and replaced.

SECTION 6. The City Clerk of the City of Palm Springs shall certify to the passage and adoption of this Resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 12th DAY OF January 2023.

T ERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA F. PREE CITY CLERK

Item 1D - Page 3
Resolution No. 25075

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda F. Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25075 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 January , ___, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda F Pree, MMC, City Clerk
City of Palm Springs, California

Item 1D - Page 4

City of Palm Springs
2023 City Council Meetings Dates

The City Council meetings are typically held on the second and fourth Thursday of each month at 5:30 p.m. at City Hall, Council Chamber, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. This schedule is subject to change.

CURRENT MEETING DATES NOTES
Thursday, January 12, 2023
Thursday, January 26, 2023
Thursday, February 9, 2023
Thursday, February 23, 2023 *Conflict – Requesting February 21, 2023 Thursday, March 9, 2023
Thursday, March 23, 2023
Thursday, April 13, 2023 *Conflict – Requesting April 10, 2023 Thursday, April 27, 2023
Thursday, May 11, 2023
Thursday, May 25, 2023
Thursday, June 8, 2023 *Conflict – Requesting June 5, 2023 Thursday, June 22, 2023 *Conflict – Requesting June 29, 2023 Thursday, July 13, 2023 *Conflict – Requesting July 10, 2023 Thursday, July 27, 2023
Thursday, August 10, 2023 Annual Break
Thursday, August 24, 2023 Annual Break
Thursday, September 14, 2023
Thursday, September 28, 2023
Thursday, October 12, 2023
Thursday, October 26, 2023
Thursday, November 9, 2023
Thursday, November 23, 2023 Traditionally Cancelled
Thursday, December 14, 2023
Thursday, December 28, 2023 Traditionally Cancelled
Thursday, January 11, 2024
Thursday, January 25, 2024

Adopted by Resolution No. 25075
Item 1D - Page 5

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MODIFICATION

OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS.”

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

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM

SPRINGS

FROM: Teresa Gallavan, Interim City Manager

BY: Stephanie George, Director of Human Resources

SUMMARY:

The City Council will consider modifying the Memorandum of Understanding (MOU) in effect with the Public Employees Association of Palm Springs (PEAPS) to extend the probationary period for the classification of D ispatcher from twelve (12) months to eighteen (18) months for all employees entering the classification after January 12, 2023.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MODIFICATION OF

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS.”

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

BACKGROUND:

Article 11.2 of the City of Palm Springs Personnel Rules states: “The probationary period shall normally be one year for Police and Fire Safety employees and for Dispatcher I and Dispatcher II, and six months for all other employees”. The City and the Palm Springs Police Officers Association (PSPOA), through negotiations and the PSPOA MOU, have since extended the probationary period of new Police Safety employees to 18 months.

The Police Department would now like to extend the probationary period for D ispatcher to eighteen (18) months as well. The training for D ispatcher takes twelve (12) months; extending the probationary period to eighteen (18) months allows the department to evaluate the employee through training and six (6) months working independently. The City and the Public Employees Association of Palm Springs (PEAPS) have a current MOU Item 1E - Page 1
City Council Staff Report
January 12, 2023 -- Page 2
Modifying the PEAPS MOU

in effect with a term of July 1, 2021 to June 30, 2023. If City Council is in support of this change, the Association and City Manager will sign the attached side letter amending the current MOU to include the following language: “Effective on the date of City Council approval of this Agreement, the probationary period for all employees entering into (i.e., hired, promoted, transferred, reclassified, or entering into the classification in any other way) the classification of Dispatcher shall be eighteen (18) months”.

STAFF ANALYSIS:

Extending the probationary period to eighteen (18) months for the D ispatcher classification would allow the Department more time in evaluating staff and give those in the classification more time to correct deficiencies before the end of their probationary period. The Association, Police Chief, and City Staff are in support of this change and the recommendation is to approve the agreement and adoption of the resolution.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 4A, Good Governance - E nhance Service Levels.

FISCAL IMPACT
:

This proposed resolution is not expected to have any financial impacts.

REVIEWED BY:

Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Resolution Amending PEAPS MOU
B. Side Letter extending Dispatcher classification probation Item 1E - Page 2

ATTACHMENT A

Item 1E - Page 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING

THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY AND THE PUBLIC EMPLOYEES ASSOCIATION

OF PALM SPRINGS

WHEREAS, the City of Palm Springs Per sonnel Rules state a twel ve (12) month probationary period for the classification of Dispatcher.

WHEREAS, it is the desire of the City in agreement with the association to add a provision instating an eighteen (18) month probationary period for the classi fication of dispatcher provision to the current Public Employees Association of Palm Springs Memorandum of Understanding.

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

SECTION 1.

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

SECTION 2. The Public Employees Association of Palm Springs is modified to include an eighteen (18) month probationary period for the classification of Dispatcher effective January 12, 2022.

ADOPTED THIS 12TH DAY OF JANUARY, 2022
.

TERESA GALLAVAN

INTERIM CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1E - Page 4
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 12 th day of January, 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, City Clerk
City of Palm Springs, California
Item 1E - Page 5

ATTACHMENT B
Item 1E - Page 6

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF PALM SPRINGS
AND

PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
This Side Letter of Agreement (“Agreement”) between the City of Palm Springs (“City”) and the Public Employees Association of Palm Springs (“PEAPS”) is entered into with respect to the following:

WHEREAS, the City and PEAPS are parties to a memorandum of understanding (MOU) with a term of July 1, 2021 to June 30, 2023; and

WHEREAS, the parties wish to increase the length of the probationary period for the classification of Dispatcher from twelve (12) months to eighteen (18) months for all employees entering into the classification after the effective date of this Agreement (i.e., the dat e this Agreement is approved by the City Council); and

WHEREAS, the following sets forth the parties’ Agreement:

Effective on the date of City Council approval of this Agreement, the probationary period for all employees entering into (i.e., hired, promoted, transferred, reclassified, or entering into the classification in any other way) the classification of Dispatc her shall be eighteen (18) months.

FOR THE CITY OF PALM SPRINGS

_________________________ __________________________
Teresa Gallavan Date

FOR THE PUBLIC

EMPLOYEES ASSOCIATION OF PALM SPRINGS (PEAPS)

_________________________ __________________________
Sandee Bosler Date
Item 1E - Page 7
S
1 IDE LETTER OF AGREEMENT

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC
RECOMMENDATION:

In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract 032620-LIO, in the amount of $117,710.32.

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

2. Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: A UTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF $117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC.

FROM: Teresa Gallavan, Interim City Manager

BY: Fire Department

SUMMARY:

This action will authorize the purchase of 37 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment , Inc. to replace expired/expiring turnout gear.

Allstar Fire Equipment Inc. is affiliated with a governmental purchasing cooperative known as Sourcewell, a national cooperative purchasing contract that provides the City with reduced pricing.

RECOMMENDATION:

1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code, “Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout gear for the Palm Springs Fire Department from Allstar Fire Equipment Inc., pursuant to Sourcewell Cooperative Purchasing Contract 032620- LIO, in the amount of $117,710.32.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure from Allstar Fire Equipment , Inc. is included as Attachment B.

BACKGROUND:

The Palm Springs Fire Department is an all -risk agency that responds to a variety of emergencies daily. Turnout gear is one of the most important tools that firefighters use to protect themselves in the line of duty. Firefighters may be asked to respond to any number of various scenarios ; their turnout gear must allow them the flexibility to respond to a vehicle accident, ventilate a roof, or fight a three-alarm blaze.

Item 1F - Page 1
City Council Staff Report
January 12, 2023 -- Page 2
PPE/Turnout Gear Purchase from Allstar Fire Equipment

STAFF ANALYSIS:

NFPA 1851 is the standard for the selection, care, and maintenance of protective ensembles for structural and proximity firefighting. As the name suggests, this standard addresses the care and maintenance of firefighter turnout gear. Turnout gear has a 10- year shelf life, although some firefighters will need to replace their protective equipment sooner, depending on its condition. We regularly assess our turnout gear and determ ine whether the components need repairs or replacement.

The most important factor in the selection of turnout gear is to match the specific fabric combination and specifications of turnout garments with key department criteria. To provide the maximum amount of protection for the firefighters wearing them, turnout garments must balance the need for thermal protection and reducing the stress that the gear adds.

The Fire Department is transitioning from Morning Pride® brand to Lion’s V-Force turnout gear. Lion’s V -Force offers better availability and customization, w ith increased technology across the board with turnout manufacturing. Lion’s V-Force is cost effective and meets all Fire Department’s needs.

Pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize the purchase of PPE through a joint powers or other cooperative purchasing program. The City’s Procurement Department has worked with the Fire Department and reviewed the request and concurred that leveraging the purchasing power and evaluation of the national Sourcewell C ooperative Contract 032620-LIO with Lion First Responder, doing business through its authorized distribution partner, Allstar Fire Equipment Inc. , complies with the City’s procurement requirements.

Staff has reviewed the pricing and finds that Allstar Fire Equipment Inc. is offering the City of Palm Springs competitive prices (47.5% discount from MSRP price list) and recommends that the City Council approve the purchase with Allstar Fire Equipment Inc., pursuant to the cooperative purchasing agreement.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 4B, Good Governance.

Item 1F - Page 2
City Council Staff Report
January 12, 2023 -- Page 3
PPE/Turnout Gear Purchase from Allstar Fire Equipment

FISCAL IMPACT:

Funding has been allocated for these purchases and is available in the current fiscal year in accounts 1006000-50035 ($100,210.32) and 4157035-50035 ($17,500.00).

REVIEWED BY:

Department Director: Jason Loya
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Sales Quote Dated 12/22/2022
B. Public Integrity Disclosure

Item 1F - Page 3

ATTACHMENT A

Item 1F - Page 4
To:

Attn:

E-Mail:

Qty Unit Description Price Extension
PSGQ27686-A
37 Ea Lion CVBM-K4 - 7 oz. PBI Max V-Force Bi-Swing Turnout Coat per Palm Springs Spec.
$1,861.00 $68,857.00
Coat List Price - $3,547.25
Sourcewell Discount of 35% - Price is $2,305.70
(Lion Contract #032620-LIO)
37 Ea Lion PVFM-K4 - 7 oz. PBI Max V-Force Turnout Pant per Palm Springs Spec. Including Suspenders
$1,051.00 $38,887.00
Pant List Price - $2,002.60
Sourcewell Discount of 35% - Price is $1,301.69
(Lion Contract #032620-LIO)
Terms: Net 30
FOB: Destination
Delivery: 150 Days ARO
Subtotal $107,744.00

9.250% $9,966.32
Thalia Reyes S & H $0.00
[email protected] Total $117,710.32
Sales Quote
12328 Lower Azusa Road
Arcadia, California 91006
December 27, 2022
Per your request, we are pleased to quote on the following.

Phone 626-652-0900 Fax 626-652-0920
EXPIRES [email protected]
Palm Springs FD
Ross Laird

Item 1F - Page 5
L2J[L[lt.1DJR
Fire Equipment Inc.

ATTACHMENT B
Item 1F - Page 6
Item 1F - Page 7

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
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If other than California, is the Entitv also reaistered in California? n Yes n No Type of Entity
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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 U/Wf)IJ ll Qpo/}tt-fz; ~Officer D Director D Member D Manager '
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CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)
i
Item 1F - Page 8

7. Owners/Investors
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I DECLARE
UNDER
PENAL
TY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
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CALIFORNIA
THAT
THE

FOREGOING
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CITY
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DISCLOSURE
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Page
2 of
2 (Revised
09 13.18)

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT

PRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC ARTS

PROJECTS
RECOMMENDATION:

Approve Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $20,000.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT

PRODUCTIONS FOR MINOR REPAIRS AND M AINTENANCE OF

PUBLIC ARTS PROJECTS

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department
______________________________________________________________________

SUMMARY:

This action approves Amendment No. 3 ( Attachment 1) to the A greement No. A8884 with Tysen Knight Productions (Agreement) for repair and maintenance services for Public Arts projects, as recommended by the Public Arts Commission. This amendment will extend the agreement to June 30, 2023, for an additional amount not to exceed $5,000 and bring the total amount to $20,000.

RECOMMENDATION:

Approve Amendment No. 3 to Agreement No. 8884 with Tysen Knight Productions for Public Arts projects repairs and maintenance services in the amount of $5,000 for a total contract amount of $20,000.

BACKGROUND:

Tysen Knight Productions was initially retained to perform minor maintenance of and repairs to public art projects, and in particular, maintenance for the Art Benches that were created in 2020 as part of the Public Art Commission’s Bench Art project in Downtown.

The initial Agreement was in the amount of $5,000 with a term beginning July 1, 2021 and ending December 31, 2021. Given the increasing number of public art projects needing minor maintenance it was necessary to extend the term until June 2022, and to add an additional $5,000 to the compensation. As the need for such services continued, the Agreement was again amended to extend the term until December 2022, and again increasing the compensation by $5,000. The Public Arts Commission is requesting the term once again be amended to extend it until June 2023 with additional compensation in the amount of $5,000.

Item 1G - Page 1
City Council Staff Report
January 12, 2023 – Page 2
Tysen Knight Art Maintenance Agreement

STAFF ANALYSIS:

The City’s public art collection includes outdoor sculptures, murals, art benches, and art utility boxes which are all susceptible to vandalism, graffiti, and other damage. Cleaning and repair of the artwork requires special care given the potential damage that may occur with standard cleaning techniques that use abrasive cleaners and b rushes. To maintain and repair Bench Art pieces, the Public Arts Commission approved the Agreement and subsequent amendments with Tysen Knight for minor maintenance of and repairs to completed Public Arts projects through December 31, 2022.

Tysen Knight has provided artistic services to the Public Arts Commission since 2019 and has consulted on all three phases of the Bench Art Project. Due to the numerous occurrences of vandalism (graffiti and other damage) to the downtown benches and other public art, Mr. Knight has been utilized on an “on- call” basis to perform various repairs.

This amendment will allow Mr. Knight to continue to respond quickly to vandalism issues and ensure that the public art is restored.

Under the terms of the agreement, Tysen Knight repairs damage and graffiti to completed Public Arts projects, including City benches painted as part of the Arts Commission’s Downtown Bench Art Program, as well as repair damage and graffiti to the Commission’s “Stop in the Name of Love” electrical utility box art project on an as-needed basis.

The Public Arts Commission is requesting the Agreement with Tysen Knight be extended to June 30, 2023, for an additional amount not to exceed $5,000, bringing the total amount to $20,000. The Public Arts Commission has also requested an RFP for these services be released in early 2023 to retain minor art repair services on a longer -term basis of approximately three to five years.

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

Item 1G - Page 2
City Council Staff Report
January 12, 2023 – Page 3
Tysen Knight Art Maintenance Agreement

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”

FISCAL IMPACT
:

Amendment No. 3 is for an additional six-month term ending June 30, 2023, in the amount of $5,000. There are sufficient resources in the Public Arts Fund Contractual Services account (1502550 40105) to cover the proposed expenditure.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

1. Amendment No. 3.

Item 1G - Page 3
ATTACHMENT 1
Amendment No. 3
Item 1G - Page 4
) .

THIRDAMENDMENT TO CONTRACT SERVICES AGREEMENT
For
Public Art Maintenance and Service

(Tysen Knight Productions)

THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(“Amendment") is made by and between Tysen Knight Productions “Contractor” and CITY OF PALM SPRINGS, a California charter city and a municipal corporation ("City"), effective January 1, 2023, and amends that certain Contract Services Agreement dated as of Ju ly 1, 2021, by and between Contractor and City ("Agreement' ). All terms defined in the Agreement shall have the same meaning when used herein.

RECITALS

A. Contractor has agreed to provide to City and City has agreed to purchase from Contractor the Services which are the subject of the Agreement.

B. Contractor and City now mutually desire to amend the Agreement as set forth below.

NOW THEREFORE, in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Contractor and City mutually agree to amend the Agreement as follows:

AGREEMENT

1. Section 3.1 of the Agreement shall be replaced in its entirety and amended to read as follows:

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 $20,000.

2. Section 4.4 of the Agreement shall be replaced in its entirety and amended to read 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 for a period of eighteen months, commencing on July 1, 2021, and ending on June 30, 2023, unless extended by mutual written agreement of the Parties.

Item 1G - Page 5

3. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect.

[End – Signatures on Next Page]

Item 1G - Page 6
IN WITNESS WHEREOF, Contractor and City have executed this Amendment as of the date first written above.
“CITY”
City of Palm Springs
Date: __________________________ By: _______________________________ Teresa Gallavan
Interim City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeff Ballinger, Brenda Pree
City Attorney City Clerk
“CONTRACTOR”
Tysen Knight Productions
Date: __________________________ By: ______________________________ Tysen Knight
Item 1G - Page 7

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD RECOMMENDATION:

Approve funding in the amount of $20,000 of Public Art Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity Center.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER LOCATED AT 480 WEST

TRAMVIEW ROAD

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

The Public Arts Commission is requesting approval to fund an Asphalt Art Project in the amount of $20,000.

RECOMMENDATION:

1. Approve funding in the amount of $ 20,000 of Public Art Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity Center.

BACKGROUND:

On September 7, 2022, the Public Arts Commission unanimously approved a motion to recommend the City Council approve a budget of $20,000 of Public Art Funds for the Asphalt Art Project.

On September 21, 2022, the Public Arts Commission unanimously approved a motion to recommend the City Council approve a location adjacent to the James O. Jessie Desert Highland Unity Center, located at 480 West Tramview Road, as the location for the Asphalt Art Project.

STAFF ANALYSIS:

Asphalt Art is a concept that uses city streets as the canvas for the community and artists to install public art projects. T he Public Arts Commission is recommending the City Council approve funding for an Asphalt Art Project adjacent to the James O. Jesse Desert Highland Unity Center. The artist, art, and final location will be determined after funding Item 1H - Page 1
City Council Staff Report
January 12, 2023 -- Page 2
Public Arts Asphalt Art Project

for this project is approved. Technical specifications for the artwork on a street surface will also be coordinated with Engineering Department staff.

Benefits from asphalt art installations have been documented by the Bloomberg Philanthropies Asphalt Art Initiative. A 2022 report entitled “ Asphalt Art Safety Study:

Historical Crash Analysis and Observational Behavior Assessment at Asphalt Art Sites ” compared crash rates and real-time behavior of pedestrians and motorists at asphalt art sites before and after the projects were installed. The study included at least two years of data and looked at video footage of motorists and pedestrians at five asphalt art projects installed in 2021. Key findings from the study include:

• 37% decrease in the rate of crashes leading to injuries. • 27% increase in the frequency of drivers immediately yielding to pedestrians with the right of way.
• 25% decrease in pedestrian crossings involving a conflict with drivers. • 38% decrease in pedestrians crossing against the walk signal.

In general, public art projects also benefit communities by revitalizing public spaces , engaging residents , p lace making, wayfinding, promoting neighborhood culture and community pride, and enhancing venues for community events such as farmer’s markets.

According to Bloomberg Philanthropies, 41 cities in the United States and 20 European cities have installed asphalt art projects.

The proposed location for the Asphalt Art Project is on West Tramview Road adjacent to the James O. Jessie Desert Highland Unity Center. The alternatives selected by the Public Arts Commission and Desert Highland Gateway Estates Community Action Association include the intersection of West Tramview Road and the driveway to the James O. Jessie Desert Highland Unity Center, and the intersection of West Tramview Road and North Granada Avenue. These locations are shown in the following diagram.

Item 1H - Page 2
City Council Staff Report
January 12, 2023 -- Page 3
Public Arts Asphalt Art Project

The exact location will be identified by the Desert Highland Gateway Estates Community Action Association, the artist, and the Public Arts Commission. The artwork and location will be brought to the City Council at a future date for its approval.

Potential material s to be used for asphalt art include e poxy-based pavement coating, acrylic traffic marking paint, epoxy modified acrylic coating, preformed thermoplastic, and commercial-grade driveway paint. It should be noted that asphalt art is temporary in nature. Pain ted art may begin to fade in 3 to 5 years. Thermoplastics , however, are expected to last as long as the asphalt but is a more expensive process .

The need to access utilities below the street surface may also require cutting through the artwork.

Following are examples of asphalt art projects in other cities:

Item 1H - Page 3
Wes t I raJ!l.ll~
and Driveway
West Tramview Road
l.;.
480 TRAMVIEW RD
IE RO' 5611 T A "1VI W RD 505 T · AMVI W RO MVI W RD
~Ar VIW R...,_ ......... .....____+--+--+- 1 --+---f---f---+---+-- -r--- -1 JE RO p
Wes t
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and North
Granada
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381 T,SA Vll!W RO
City Council Staff Report
January 12, 2023 -- Page 4
Public Arts Asphalt Art Project

Saginaw, Michigan

Photos by Bloomberg Initiative

Item 1H - Page 4
City Council Staff Report
January 12, 2023 -- Page 5
Public Arts Asphalt Art Project

Philadelphia, Pennsylvania

Photo by Steve Weinik

West Palm Beach, Florida

Photo by Maxwell Zengage

Item 1H - Page 5
City Council Staff Report
January 12, 2023 -- Page 6
Public Arts Asphalt Art Project

London, England

Photo by Justin Mitchell

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of " minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies Item 1H - Page 6
City Council Staff Report
January 12, 2023 -- Page 7
Public Arts Asphalt Art Project

and guidelines, oversight of development of art projects and maintenance of art collection.”

FISCAL IMPACT
:

This action would approve the expenditure of $20,000 of Public Art Funds. There are sufficient resources in the Public Arts Fund Contractual Services account (1502550 40105) to cover the proposed expenditure.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

Item 1H - Page 7

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT SHELTER SERVICES IN THE AMOUNT OF $105,464
RECOMMENDATION:

Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and Kitchen, increasing the contract amount by $105,484 for a total contract amount not to exceed $317,534 for temporary overnight shelter services from January 2, 2023, to February 28, 2023.

1. Authorize the Interim City Manager to make minor changes and execute all necessary documents.

2. Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT SHELTER SERVICES IN THE AMOUNT OF $105,464

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

This action requests ratification of a contract amendment (Amendment , Attachment 1) to the Contract Services Agreement dated August 25, 2021, and amended on October 26, 2021, and December 29, 2021 (Agreement , Attachment 2 ) with Martha’s Village and Kitchen for temporary overnight shelter services at 225 El Cielo Road from January 2, 2023, to February 28, 2023.

RECOMMENDATION:

1. Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and Kitchen, increasing the contract amount by $ 105,484 for a total contract amount not to exceed $317,534 for temporary overnight shelter services from January 2, 2023 to February 28, 2023.

2. Authorize the Interim City Manager to make minor changes and execute all necessary documents.

BACKGROUND:

On August 25, 2021, the City and Contractor entered into the Agreement for homeless daytime drop-in and wrap- around services at 225 El Cielo Drive in Palm Springs for a term of two years.

On October 26, 2021, City and Contractor executed an amendment (First Amendment) to increase the Compensation to an amount not to exceed $212,050 per year.

On December 29, 2021, City and Contractor executed the Second Amendment (Second Amendment) to increase the number of security personnel from 2.5 Full-Time Equivalent Security (FTE) to a total of 3 FTE.

Item 1I - Page 1
City Council Staff Report
January 12, 2023 -- Page 2
Martha’s Village Agreement Amendment

STAFF ANALYSIS:

Conditions faced by unsheltered individuals in desert regions like Palm Springs can be uniquely harsh, including periodic episodes of extreme weather conditions that create the potential for a public health crisis among unsheltered individuals. Overnight temperatures are forecast to be in the 40- degree Fahrenheit range during this tim e of year. According to Father Joe’s Village, a San Diego based homeless service provider, hypothermia can occur at temperatures lower than 50- degrees Fahrenheit. Cold and rainy weather makes those experiencing homelessness more susceptible to negative health outcomes and chronic illness.

Given the urgency of providing shelter services to unhoused individuals , the Contractor was authorized to begin providing temporary overnight shelter services within the City Manager’s authority. Approval of this action would ratify the Amendment for the Contractor to provide overnight shelter for a maximum of 15 unhoused individuals on a nightly basis from January 2, 2023, to February 28, 2023. The hours for the overnight shelter operations will be 4:30 PM to 7:30 AM nightly.

Martha’s Village and Kitchen is uniquely situated to provide the overnight shelter services. They are already utilizing the Boxing Club facility located at 225 El Cielo Road to operate a daytime drop- in center, the Palm Springs Access Center. T he Palm Springs Access Center provides services between 8:00 AM and 5:00 PM.

Daytime drop -in centers are places where homeless individuals may go during the daytime for showers, laundry assistance, clothing, bathrooms, and for assistance with obtaining permanent housing, supportive housing, shelter, and program placement.

The services also include assisting individuals with obtaining health services, disability assistance, social security, computer skills, basic first aid ; a partnership with Borrego Health to provide a health center at the main campus; and intensive case management (individualized plans, client psychosocial, physical, educational, and vocational assessments, budgeting skills, counseling, living skills to help increase the clients’ success in exiting homelessness to safe and affordable permanent housing with entitlements and income). Their Case Managers are trained in the Vulnerability Index Service Prioritization Decision Assistance Tool (VISPDAT) process, Riverside County Coordinated Entry System (CES), Rapid Rehousing process and Housing First principles.

Martha’s also operates a 120- bed Housing First facility in Indio with 95 beds for homeless families and 25 beds for homeless single adults. As one of the primary homeless services providers in the Coachella Valley they will also be able to tap into their vast array of resources and relationships to assist homeless individuals in Palm Springs.

The County of Riverside is operating 11 other emergency shelters throughout Riverside County. Three are in the Coachella Valley, of which only one provides 24- hour Item 1I - Page 2
City Council Staff Report
January 12, 2023 -- Page 3
Martha’s Village Agreement Amendment

emergency shelter services for adults and is located in Indio (Coachella Valley Rescue Mission). The other two are SafeHouse of the Desert which provides a 24- hour emergency shelter for youth, and Martha’s Village and Kitchen’s Indio campus which provides overnight emergency shelter service.

Unhoused residents are unable to shower, travel, or sleep safely at night. Providing overnight shelter during cold months will keep individuals safe and provide them with services and resources such as assistance with finding permanent housing, securing health and social security benefits, vouchers for use of laundry facilities and for bus passes; access to a computer and phones; and family reunification.

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 amend a lease of a City -owned property 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.

FISCAL IMPACT
:

The Agreement in the amount of $212,050 is already executed and funded. The Amendment increases the City financial assistance by $105,484, for a total of amount not to exceed $317,534. There are sufficient funds in the Homeless Services Fund (102305-40105) to cover the additional $105,484 for overnight shelter services.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan

ATTACHMENTS:

1. Amendment 3 to Contract Services Agreement for Homeless Daytime Drop -in Center and Wrap Around Services

2. Contract Services Agreement for Homeless Daytime Drop- in Center and Wrap Around Services

Item 1I - Page 3
ATTACHMENT 1
Item 1I - Page 4

AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT
MARTHA’S VILLAGE AND KITCHEN

This Amendment No. 3 ("Third Amendment") to Contract Services Agreement with Martha’s Village and Kitchen is hereby entered into this ___ day of ________________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and Martha’s Village and Kitchen , a 501 (c) 3 non -profit corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

Recitals

1. On June 24 , 2021, the Palm Springs City Council authorized the City Manager to execute an Agreement with Martha’s Village and Kitchen to provide a homeless daytime drop -in center operator, and wrap-around services.

2. On August 25, 2021 the City and Contractor entered into a Contract Services Agreement (Agreement) by which the Contractor is to provide a homeless daytime drop -in center operator, and wrap -around services, for individuals who are homeless o r at risk of becoming homeless at the City facility located at 225 El Cielo Drive in Palm Springs for a term of two years, with two (2) one-year (1-year) options to extend.

3. On October 26 , 2021, City and Contractor entered into the First Amendment (First Amendment) to increase the Compensation to not exceed $212,050 per year, with all other terms and conditions to remain the same.

4. On December 29, 2021, City and Contractor entered into the Second Amendment (Second Amendment) to allow for 3 Full Tim e Equivalent Security (FTE) rather than 2.5 FTE as stated in the Agreement.

5. City and Contractor now desire to amend the Agreement to allow for overnight shelter services from January 2, 2023, to February 28, 2023.

NOW, THEREFORE, the City and Contractor hereby agree as follows:

Agreement

1. The recitals are true and correct and are incorporated by this reference.

2. Section 3.1 of the Agreement be revised to read as follows:

“Compensation of Contractor. Contractor shall be compensated and reim bursed 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 $317,514 per year.”

3. The Scope of Services, as amended on October 26, 2021, and on December 29, 2021, included in Exhibit A of the Agreement are to be amended by adding the 2023 Scope of Services Addendum, attached here with as Attachment 1, which includes the addition of overnight emergency shelter services from January 2, 2023, to February 28, 2023.

Item 1I - Page 5

4. The Schedule of Costs, as amended on October 26, 2021, and on December 29, 2021, included in Exhibit A of the Agreement is to be replaced with the 2023 Revised Schedule of Costs, attached herewith as Attachment 2, which includes the addition of overnight emergency shelter services from January 2, 2023, to February 28, 2023.

5. All other terms and conditions of the Agreement shall remain in full force and effect.

Item 1I - Page 6

IN WITNESS WHEREOF, the parties have duly executed this Amendment on the date first set forth above.

MARTHAS VILLAGE AND THE CITY OF PALM SPRINGS
KITCHEN ("Contractor") ("City")

By: _______________________ By: ________________________ Sam Hollenbeck Teresa Gallavan
President & Chief Executive Officer Interim City Manager

Approved as to Form:

__________________________
Ryan Guiboa
City Attorney

Attest:

__________________________
Brenda Pree
City Clerk

Item 1I - Page 7

ATTACHMENT 1

2023 Scope of Services Addendum

In addition to the terms and conditions of the Agreement by and between the City of Palm Springs, a California charter city and municipal corporation, and Martha’s Village and Kitchen, a 501 (c) 3 non-profit corporation, dated August 25, 2021, and amended on October 26, 2021, and on December 29, 2021, Contractor shall provide Additional Services at the Palm Springs Access Center, located at 225 El Cielo Drive, as described below:

1. Contractor will provide low barri er overnight relief for unsheltered homeless individuals. Food Service may be provided to clients re ceiving Additional Services.

2. The Additional Services will be prov ided from January 2, 2023, to February 28, 2023.

3. The hours for the Additional Services will be 4:30 PM to 7:30 AM nightly.

4. A maximum of 15 individuals per might can be provided the Additional Services.

5. All other terms and conditions of the Agreement shall remain in full force and effect.

Item 1I - Page 8

ATTACHMENT 2

2023 Revised Schedule of Costs

Item 1I - Page 9

2023 Revised Schedule of Costs

Martha's Village and Kitchen's - Palm
Springs Access Center -Program Budget
Martha's
Village and
Kitchen -
Funding
City of
Palm
Springs -
Funding
Total
Employee Expense / All inclusive - 2.0 FTE Case
Manager/ Employment Specialist - 1.0 FTE
Program Manager /Case Manager - .20 FTE
Senior/Exc. Manager - .40 FTE Reporting
Specialist – 3.0 FTE Security
179,016 144,000 323,016
Consultant 52,000 0 52,000
Phone - Four lines - Client and Staff lines 1,500 1,500 3,000 Internet - For staff and client connection -
Alarms -Monthly fee and install 2,500 0 2,500
Travel - Staff - Mileage and Van Expense / Client
- Bus passes, Uber, etc.. 15,119 0 15,119
Advertising / Staff training and hiring costs 2,000 0 2,000 Building and Equipment Small repairs 1,200 0 1,200
Client Supplies (Birth Certs, Licenses,
Certifications, IDs, Uniforms, interview and
employment clothing, hygiene items, etc.)
3,000 1,500 4,500
Insurance - For office content 1,100 0 1,100
Client and Staff - Computers - Scanners -
Printers- Hot Spots - Software, Cameras - etc. 7,300 2,000 9,300 Furnishings 2,500 2,500 5,000
Equipment 6,000 0 6,000
Office supplies 3,400 0 3,400
Showers and Restrooms 0 25,000 25,000
Laundry 2,500 4,100 6,600
Miscellaneous and PPE and air purifiers 1,000 4,000 5,000 Administration and Compliance 15% 42,020 27,450 69,470
Drop-In Center Total 322,155 212,050 534,205

Amendment No. 3 Temporary Overnight
Shelter Services Costs
Security Contract 0 25,838 25,838
Staff OT 0 37,170 37,170
Food Dinner 0 6,606 6,606
Food Breakfast 0 4,950 4,950
Laundry Services 0 2,000 2,000
Office Supplies 0 1,500 1,500
Cleaning Supplies 0 2,500 2,500
Small Furnishings 0 1,400 1,400
Item 1I - Page 10

Transportation 0 1,500 1,500
Computers 0 2,000 2,000
Hygiene Supplies 0 4,000 4,000
Travel 0 2,000 2,000
Client Supplies 0 5,000 5,000
Operating Supplies 0 5,000 5,000
COVID Supplies 0 4,000 4,000

Amendment No. 3 Temporary Overnight
Shelter Services Total 0 105,464 105,464
TOTAL 322,155 317,514 639,669

Contractor may shift funds from one budget line item to another budget line item for eligible costs. However, the Administration and Compliance 15% budget line item may not be modified. In no case shall total annual expenditures exceed the total annual budget amount of $317,514.
*** Please note Martha's Village's Budget does not included an additional $40,000 to $50,000 in donations of In-kind items and grant writing to secure future funds.

Item 1I - Page 11
ATTACHMENT 2

Item 1I - Page 12
Item 1I - Page 13

CONTRACT SERVICES AGREEMENT
Martha's Village and Kitchen
..
0 DUPLICATE

ORIGINAL
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on (n,U;U.!~ 1h . 2021, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Martha's Village and Kitchen, a 501 (c) 3 non-profit 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 homeless daytime drop-in center operator, and wrap- around services, for individuals who are homeless or at risk of becoming homeless ("Project").

B. Contractor has submitted to City a proposal to provide a homeless daytime drop-in center operator, and wrap-around services, for individuals who are homeless or at risk of becoming homeless, 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 performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
5557 5.18165\3289999 I .2
•
..

Item 1I - Page 14

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 offees set forth in Exhibit "A". The total amount of Compensation shall not exceed $75,000 per year.

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.

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. 2 55575.18165\32899991.2
Item 1I - Page 15

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
Maieure.

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
two
years,
with
two
(2)
one­
year
(I-year)
options
to
extend,
commencing
on
August
1,
2021,
and
ending
on
June
30,
2023
,
unless
extended
by
mutual
written
agreement
of
the
Parties
.

4.S
Termination
Prior
to
Expiration
of
Term.

City
may
terminate
this
Agreement
at
any
time,
with
or
without
cause,
upon
thirty
(30)
days
written
notice
to
Contractor.

Where
termination
is
due
to
the
fault
of
Contractor
and
constitutes
an
immediate
danger
to
health,
safety,
and
general
welfare,
the
period
of
notice
shall
be
such
shorter
time
as
may
be
determined
by
the
City.

Upon
receipt
of
the
notice
of
termination,
Contractor
shall
immediately
cease
all
Services
except
such
as
may
be
specifically
approved
by
the
Contract
Officer.

Contractor
shall
be
entitled
to
compensation
for
all
Services
rendered
prior
to
receipt
of
the
notice
of
termination
and
for
any
Services
authorized
by
the
Contract
Officer
after
such
notice.

City
shall
not
be
liable
for
any
costs
other
than
the
charges
or
portions
thereof
which
are
specified
herein.

Contractor
shall
not
be
entitled
to
payment
for
unperformed
Services,
and
shall
not
be
entitled
to
damages
or
compensation
for
termination
of
Work.

If
the
termination
is
for
cause,
the
City
shall
have
the
right
to
take
whatever
steps
it
deems
necessary
to
correct
Contractor's
deficiencies
and
charge
the
cost
thereof
to
Contractor,
who
shall
be
liable
for
the
full
cost
of
the
City's
corrective
action
. Contra
ctor
may
not
terminate
this
Agreement
except
for
cause
, upon
thirty
(30)
days
written
notice
to
City
.
3 55575
.1816
5\3289999
l.2
Item 1I - Page 16

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: Linda Barrack, President and Chief Executive Officer. 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 or issue a memorandum of understanding with any other individual or entity to perform any Services required under this Agreement without the City Manager'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, 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 4 55575.18165\32899991.2
Item 1I - Page 17
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:

Linda Barrack
TBD
TBD
TBD
TBD
TBD
President and Chief Executive Officer
Case Manager/ Employment Specialist -2.0 FTE
Program Manager/ Case Manager -1.0 FTE
Senior/ Executive Manager -0.2 FTE
Security -2.5 FTE
Reporting Specialist -0.4 FTE

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 oflndustrial 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.

5.7 Background Check. All of Contractor's employees, including volunteers and subcontractors' employees who provide direct services to clients, will require a Live Scan fingerprint background check to be arranged for by Contractor at Contractor's sole expense.

Contractor shall maintain all Live Scan records in a secure and confidential site at all times, and verification of status shall be included in reports provided to City and made available to the City immediately upon request as permitted by law.

S557S. Ii IM\32899991.2 5
Item 1I - Page 18

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances 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 55575.18165,32899991.2 6
Item 1I - Page 19
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 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 non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or 5557 5. I 8165\32899991.2 7
Item 1I - Page 20
approval
of
any
subsequent
act
of
Contractor.

Any
waiver
by
either
Party
of
any
default
must
be
in
writing.

No
such
waiver
shall
be
a waiver
of
any
other
default
concerning
the
same
or
any
other
provision
of
this
Agreement.

9.4 Rights
and
Remedies
are
Cumulative.

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

9.5 Legal
Action.

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

9.6 Attorney
Fees.

In
the
event
any
dispute
between
the
Parties
with
respect
to
this
Agreement
results
in
litigation
or
any
non-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
attomey
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
( l)
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
perfonnance
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
emplo
yed,
and
that
employees
are
treated
during
their
employment,
without
regard
to
any
prohibited
basis.

As
a
condition
pr
ecedent
to
City
's
lawful
capacity
to
enter
this
Agreement
, and
in
executing
thi
s
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
8 SSS75
.18165
\32899
99 1.2
Item 1I - Page 21
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 non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City:

To Contractor:

City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Martha's Village & Kitchen, Inc.,
Attention: Linda Barrack
83791 Date Ave
Indio, CA 92201-4737

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 confening, 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. 55575.1816S\J28999912 9
Item 1I - Page 22

11. 7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

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

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
(SIGNATURES ON NEXT PAGE)
55575, 18165"32899991.2
10 Item 1I - Page 23

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND MARTHA'S VILLAGE AND

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

Date: S} itSJ 2021
~PROVED BY CITY COUNCIL
"I ]1/ I 1(),, ~. P:J. 1¼9'12 t.

APPROVED AS TO FORM:

By: a ~
Jeffrey~ng?}
City Attorney
"CITY"
City of Palm Springs
By:Justin~ ~
City Manager
ATTEST
~
By:
rtt·· Anthoejia City Clerk
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

CONTRACTOR NAME:
&,t\wl,s \J;\~1 6Mal \4;\cbe.n. Check one:_ Individual_ Partnership -X-Corporation S!."79\ na. P\\ae't'\ue.

Address
::X:rd,·o, CA 9?2CI
S5575.18165'J2899991 2 ll
Item 1I - Page 24
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Item 1I - Page 25
55575.18165\.3289999 I .2
EXHIBIT "A"

CONTRACTOR'S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
13 Item 1I - Page 26

CONTRACTOR'S

SCOPE OF SERVICES/WORK
Scope of Services for 225 El Cielo Drive, Palm Springs
Contractor is entering into an agreement with the City of Palm Springs for use of the former Boxing Club at 225 El Cielo Drive to assist unsheltered homelessness in Palm Springs. Specifically, the facility will serve as a Daytime Drop-in Center with associated activities for homeless individuals, offer counseling services, offer employment services, offer case worker support, and maintain general administrative office functions. A primary function of the Daytime Drop-in Center is to connect individuals to and navigate them through housing resources
FACILITY RULES AND REQUIREMENTS.

Cause No Disturbance. The Contractor shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The Contractor or subcontractors shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises.

Grounds for Revocation. Non-compliance with any of these rules or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc.) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to terminate the Agreement. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or termination of this Agreement.

Comply with City Noise Ordinance. The Contractor shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Agreement.

Food Service. The Contractor is prohibited from providing meal service to patrons at the facility. Meal service may be provided at approved off-site locations. While meal service is prohibited, water, soft drinks, coffee and pre-packaged food items may be provided to patrons while using the facility.

Distribution of Food and Other Commodities. No mass distribution of food, clothing or other similar commodities is permitted at the subject site. Packaged snacks and meals on wheels type of packages are permitted. Contractor may distribute vouchers from partner organizations to provide clothing, laundry services, and bus passes. Bus pass 55575. 18165\32899991.2 14
Item 1I - Page 27
vouchers will have unique number, clients to sign log for bus pass, log to include unique bus pass number, and use of bus pass to be noted in client case files and/ or logs.

On-site Security. The Contractor shall be required to provide on-site security staff a minimum of one and one-half (1-1/2) hours prior to opening hours and for one and one­ half (1-1/2) hours after closing hours.

Loitering. Patrons of the facility shall not be permitted to loiter on the subject site or on adjacent parcels. On-site security staff shall be responsible for monitoring and reporting incidents of loitering.

Lighting. City to provide adequate lighting at all entrances. Contractor to maintain lighting and ensure building entrances remain illuminated between sunset and sunrise. 24-Hour Contact Number. The Contractor shall be required to maintain a 24-hour contact number visible and available to the public to report any disturbances or issues related to the facility.

Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section

93.20.00. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted. Contractor may install silent alarm with remote 24-hour monitoring.

Video Cameras: Contractor may install video cameras with remote 24-hour monitoring ability.

Outside Storage. Outside storage may be permitted as approved as a part of the proposed plan.

No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employee's vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved.

Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by patrons and employees. Location and design shall be approved by the Director of Development Services
-Outdoor Use. The applicant shall not be permitted to provide any facilities (such as seating, misting systems, or shade structures) outside of the tenant spaces shown on the approved floor plan, nor may patrons be permitted to congregate outside of the tenant spaces except as approved by the Director of Development Services.

Addition of Building Space. Any addition of building space not currently described in the Agreement shall require an amendment to the Agreement
lS 55575.18165\32899991.2
Item 1I - Page 28
Security Plan. A security plan, reviewed and approved by the Police Department, shall be required to establish security protocol for the subject property. The security plan shall address site lighting, security cameras, and any other security features deemed necessary by the Police Department. The security plan may be modified by the Police Department at any point in the future based on any identified security concerns.

On-site Security. On-site security shall conform to the minimum requirements identified in PSMC Section 5.52. On-site security personnel shall be required to wear uniforms in accordance with PSMC Section 5.52.100, or as may otherwise be approved by the Police Department. The applicant shall provide the names of all on-site security personnel to the Police Department and shall notify the Police Department within forty-eight (48) hours of any changes to the list of security personnel.

CONTRACTOR RESPONSIBILITIES.

Facility Management

1. Ensure that facility is open and adequately staffed during hours of operation.

2. Maintain and manage use of equipment needed to satisfy the health, hygiene, and immediate needs of clients, including showers, restrooms, laundry, water, snacks and packaged food as needed.

3. Maintain and manage access to indoor lockers for short-term storage of client belongings. Contractor shall not provide outdoor storage for client belongings.

4. Provide equipment needed to operate the program, including computers, tables, chairs, etc.

5. Responsibly maintain cleanliness of facility.

6. Report all safety issues and maintenance issues immediately to City.

7. Ensure that property signage is posted on site as required by City, Riverside County, or other relevant entities.

8. Program Operator will provide supplies for, and maintain bathroom and shower cleanliness, during operating hours.

Administration

1. Provide staff to support and facilitate all operations.

2. All the Contractor and Subcontractor employees who are assigned to the Project shall be subject to the management and direction of the Contractor, and not the City. The Contractor will be responsible for all employer obligations toward the employees (such as compensation, benefits and workers compensation coverage) and for compliance with all applicable labor laws. Contractor is an independent contractor; the City shall have no obligations as an employer to Contractor or Subcontractor employees.

3. Contractor shall, at its sole cost and expense, shall operate the Homeless Access Center and related activities.

4. Case managers and employment specialists will utilize laptop computers with secure internet connections to record data on site, including:
• Intake meetings with each homeless individual and family to establish a customized path for their specific needs. If client opts not to participate in 55575.18165132899991.2 16
Item 1I - Page 29
establishing the customized path for their specific needs, Contractor shall make subsequent attempts to have client participate in establishing the customized path for their specific needs if or when client visits the Homeless Access Center again.
• Collecting and analyzing statistical records, including clients' intake data, program participation, client records, and demographic profiles. If client opts not to participate in providing such intake data, Contractor shall make subsequent attempts to collect such client intake data if or when client visits the Homeless Access Center again.
• Data collection and data entry into the agency's C-Star database and HMIS.

If client opts not to participate in providing such data, Contractor shall make subsequent attempts to collect such client data if or when client visits the Homeless Access Center again.
• Preparation and presentation of monthly reports that includes information regarding: progress toward stated outcomes, evaluation of data and programs; analysis of success and barriers; integration of Housing First best practices; analysis of successes and barriers, and review of trends in services and/or population served.

5. Ensure that records are properly kept and documents containing confidential and/or personal-identifying information are stored securely.
• Provide and document Intakes, Screening and Assessments using County of Riverside Coordinated Entry and HMIS system(s) when available. Intake data to include Vulnerability Index -Service Prioritization Decision Assistance Tool (VI-SPDAT), client demographics, and frequency of visits on a daily, monthly, and annual basis. If HMlS system is not available, Contractor to record intake data using an alternative system on a temporary basis and add into HMIS system when available.
• Provide digital data files to City in format consistent and compatible with the State of California Business, Consumer Services, and Housing Agency reporting requirements.

6. Provide regular performance and progress reports to City.

7. Contractor will designate a lead staff person to serve as the Homeless Access Center Manager with Management Team support. This staff person will be available on call by cell phone when not on site.

8. Identify partners and enter into agreements as needed with entities delivering services in connection with this scope of work. Including but not limited to the services agreement, memorandums of understanding with other partners yet to be determined, and grant funding agreements with other entities. Negotiate and administer subcontracts related to this scope of work. This will include performance monitoring and reporting as specified by those agreements.

9. Set standards and monitor performance in service delivery, program operations, budget management, and outcomes.
17 55575, 18165'.32899991.2
Item 1I - Page 30
Programs and Services

1. Programs and services provided in connection with the facility will be primarily focused on unsheltered homeless individuals.

2. Programs and services will be conducted in a manner that presents low barrier to access.

3. No individual shall be discriminated against or denied access to services based on actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation.

4. Programs and Services to include:
• Assist individuals to obtain permanent housing, supportive housing, shelter, or program placement. This includes intake and assessment for the Coordinated Entry System and Continuum of Homeless Management Information System, and other housing resources like housing document assistance, housing location services, or affordable housing waitlists. • Assist individuals with securing health, disability, social security and other benefits
• Computer skills, internet searches for employment, completing on-line employment applications, and interview techniques
• Employment assessment -Determine an individual's strengths and weaknesses
• Basic First Aid -some employers require basic first aid cards • Food Handlers Certificate -Required for food handler jobs • Case management to clients based on their individual needs and desires • Snacks, juice, coffee, soda and water
• Provide vouchers for use of laundry facilities and for bus pass system based on client need
• Access to a computer lab and phones
• Information and referral services
• Work with partners to provide periodic on-site medical services or referrals to outside agencies with staff support
• Coordinate access to voluntary behavioral health services • Coordinate access to other support services like cash and non-cash benefits. • Family reunification program
• Transportation assistance
• Employment/interview preparedness
• Legal aid services
• Veterans services or referrals to outside Veterans agencies with staff support • Assist clients with selecting healthcare providers (including medical, dental and vision), selecting doctors, and renewing healthcare on an annual basis • Assistance with food stamps, birth certificates, and identification cards • Provide vouchers for clean clothes
• Notary service
55575.18165\3289999 I .2 18
Item 1I - Page 31

5. The Contractor, with and City staff from the Police, Facilities, and Community and Economic Development departments, agrees to conduct quarterly forums for area residents and business owners in order to receive input on any neighborhood security issues and discuss potential resolutions.

6. The Contractor shall also work with City staff from the Police, Facilities, and Community and Economic Development departments to amicably resolve complaints related to the operations at this property
CITY OF PALM SPRINGS RESPONSIBILITIES.

1. The City of Palm Springs will continue to be responsible for maintenance and repairs needed to keep the facility in safe and habitable condition. Contractor will provide staff to oversee and operate the facility.

2. Office space for staff of 4 (may be portable/ modular office unit)

3. Supply 1 or 2 storage units as needed for program operations including program supplies, administrative equipment, cleaning supplies, and emergency shelter supplies, with access and management of units to be overseen by Contractor.

4. Bear responsibility for costs of utilities, maintenance, repairs, and facility improvements needed to adequately and safely use the facility for program operation,

5. Supplement facility amenities with mobile shower unit and portable toilets.

The City will be responsible for the physical condition of the Premises and for bearing the cost of property-related expenses, including utilities, maintenance, repairs, and tenant improvements needed to operate the program at the Premises. The City will, under separate agreements, make all arrangements for all Project location expenses and any required City permits.
55575. 18165'132899991.2 l9
Item 1I - Page 32
Schedule of Costs
Martha's City of
Village and Palm
Martha's Village and Kitchen's -Palm Kitchen -Springs-
Springs Access Center -Program Budget Funding Funding
Employee Expense/ All inclusive -2.0 FTE Case
Manager/ Employment Specialist -1.0 FTE
179,016 18,550 Program Manager /Case Manager• .20 FTE
Senior/Exe. Manager -.40 FTE Reporting
Specialist -2.5 Security -
Consultant 52,000 0
Phone -Four lines -Client and Staff lines 1,500 1,500
Internet -For staff and client connection -2,500 0 Alarms -Monthly fee and install Travel -Staff -Mileage and Van Expense/ Client 15,119 0 -Bus passes, Uber, etc ..

Advertising/ Staff training and hiring costs 2,000 0
Building and Equipment Small repairs 1,200 0
Client Supplies (Birth Certs, Licenses,
Certifications, IDs, Uniforms, interview and 3,000 1,500 employment clothing, hygiene items, etc.)
Insurance -For office content 1,100 0
Client and Staff -Computers -Scanners -7,300 2,000 Printers-Hot Spots -Software, Cameras -etc.

Furnishings 2,500 2,500
Equipment 6,000 0
Office supplies 3,400 0
Showers and Restrooms 0 15,000
Laundry 2,500 2,500
Miscellaneous and PPE and air purifiers 1,000 4,000
Administration and Compliance 15% 42,020 27,450
Total 322,155 75,000
Contractor may shift funds from one budget line item to another budget line item for eligible costs. However, the Administration and Compliance 15% budget line item may not be modified. In no case shall total annual expenditures exceed the total annual budget amount of $210,450.
** • Please note Martha's Village's Budget does not included an additional $40,000 to $50,000 in donations of In-kind items and grant writing to secure future funds. 20 .SSS75.18165'J2899991.2
Total
323,016
52,000
3,000
2,500
15,119
2,000
1,200
4,500
1,100
9,300
5,000
6,000
3,400
25,000
5,000
5,000
69,470
532,605
Item 1I - Page 33
Schedule of Performance
Services will commence on or about August 1, 2021, subject to execution of Agreement, completion of work necessary to set-up computers with internet access and to recruit, retain and train volunteers and staff members to operate homeless daytime drop-in center, and wrap-around services; and continue for two years, with two (2), one ( 1) year options.

Annual fees to be paid by City shall not exceed SEVENTY-FIVE THOUSAND DOLLARS ($75,000).
55515 18165\32899991.2 22
Item 1I - Page 34
EXHIBIT "B"

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
55575.18165\32899991 ,2 23
Item 1I - Page 35

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:

I. 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
-+P'__,._ __ 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 24 55575.18165\3289999 I .2
Item 1I - Page 36
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, 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 Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

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

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

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

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the 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.
25 5557 5. I 8165\32899991.2
Item 1I - Page 37
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 Con tractor'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 ( l) 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.
55575.18165\32899991,2 26
Item 1I - Page 38
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT

MARTHA'S VILLAGE AND KITCHEN
This Amendment No. I ("Amendment") to Contract Services Agreement with Martha's Village and Kitchen is hereby entered into this)i.,..day of Oclo~ 2021, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and Martha's Village and Kitchen, a 50 I (c) 3 non-profit corporation, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

Recitals
I. WHEREAS, on June 24, 2021, the Palm Springs City Council authorized the City Manager to execute an Agreement with Martha's Village and Kitchen to provide a homeless daytime drop-in center operator, and wrap-around services.

2. WHEREAS, on August 25, 2021 the City and Contractor entered into a Contract Services Agreement (Agreement) by which the Contractor is to provide a homeless daytime drop-in center operator, and wrap-around services, for individuals who are homeless or at risk of becoming homeless at the City facility located at 225 El Cielo Drive in Palm Springs for a term of two years, with two (2) one-year ( I-year) options to extend.

3. WHEREAS Compensation for Contractor included in Agreement was for $75,000

4. WHEREAS City and Tenant desire to increase compensation to Contractor by $137,050, for a total contract amount not to exceed $212,050 per year, with all other terms and conditions to remain the same.

NOW, THEREFORE, the City and Tenant hereby agree as follows:

Agreement
I. Section 3. I of the Agreement be revised to read as follows:
"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 $212,050 per year."

2. The Schedule of Costs and Schedule of Performance included in Exhibit A are to be replaced with the Revised Schedule of Costs and Revised Schedule of Performance attached hereto as Attachment l .

3. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have duly executed this Amendment on the date first set forth above.
[SIGNATURES ON NEXT PAGE]
Item 1I - Page 39

MARTHAS VILLAGE AND
KITCHEN ("Contractor")
By: ~ 1 so/ ~41-1..tlll.ck,
inda Barrack
President & Chief Executive Officer

THE CITY OF PALM SPRINGS
("City")
By: Mfto~
City Manager
Approved as to Fonn:

QB~/r
City Attorney
Attest:
#fRM:O B'tCffYCOUNCL
~j--lP~\ "I"-tdwl. I .AA AJ'fJ.l.

Item 1I - Page 40
ATTACHMENT 1
Revised Schedule of Costs and
Revised Schedule of Performance
Item 1I - Page 41
Revised Schedule of Costs
Martha's City of
Village and Palm
Martha's Village and Kitchen's -Palm Kitchen -Springs-
Springs Access Center -Program Budget Funding Funding
Employee Expense / All inclusive -2.0 FTE Case
Manager/ Employment Specialist -1.0 FTE 179,016 144,000 Program Manager /Case Manager -.20 FTE Senior/Exe. Manager -.40 FTE Reporting
Specialist -2.5 Security -
Consultant 52,000 0
Phone -Four lines -Client and Staff lines 1,500 1,500
Internet -For staff and client connection -2,500 0 Alarms -Monthly fee and install Travel -Staff-Mileage and Van Expense/ Client 15,119 0 -Bus passes, Uber, etc ..

Advertising/ Staff training and hiring costs 2,000 0
Building and Equipment Small repairs 1,200 0
Client Supplies (Birth Certs, Licenses,
Certifications, IDs, Uniforms, interview and 3,000 1,500 employment clothing, hveiene items, etc.)
Insurance -For office content 1,100 0
Client and Staff -Computers -Scanners -7,300 2,000 Printers-Hot Spots -Software, Cameras -etc.

Furnishings 2,500 2,500
Equipment 6,000 0
Office SUPPiies 3,400 0
Showers and Restrooms 0 25,000
Laundry 2,500 4,100
Miscellaneous and PPE and air purifiers 1,000 4,000
Administration and Compliance 15% 42,020 27,450
Total 322,155 212,050
Contractor may shift funds from one budget line item to another budget line item for eligible costs. However, the Administration and Compliance 15% budget line item may not be modified. In no case shall total annual expenditures exceed the total annual budget amount of $212,050.
*** Please note Martha's Village's Budget does not included an additional $40,000 to $50,000 in donations of In-kind items and grant writing to secure future funds. '
Total
323,016
52,000
3,000
2,500
15,119
2,000
1,200
4,500
1,100
9,300
5,000
6,000
3,400
25,000
6,600
5,000
69,470
534,205
Item 1I - Page 42
Revised Schedule of Performance
Services will commence on or about August I, 2021, subject to execution of Agreement, completion of work necessary to set-up computers with internet access and to recruit, retain and train volunteers and staff members to operate homeless daytime drop-in center, and wrap-around services; and continue for two years, with two (2), one (I) year options.

Annual fees to be paid by City shall not exceed TWO HUNDRED TWELVE THOUSAND FIFTY DOLLARS ($212,050).

Item 1I - Page 43
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT

MARTHA'S VILLAGE AND KITCHEN
This Amendment No. 2 ("Second Amendment") to Contract Services Agreement with Martha's Village and Kitchen is hereby entered into this Zi_ day of 12£.c.e...-mba __ , 2021, by and between the City of Palm Springs, a California charter city and municipal corporation, ("City"), and Martha's Village and Kitchen, a 501 (c) 3 non-profit corporation, (''Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

Recitals

1. On June 24, 2021, the Palm Springs City Council authorized the City Manager to execute an Agreement with Martha's Village and Kitchen to provide a homeless daytime drop-in center operator, and wrap-around services.

2. On August 25, 2021 the City and Contractor entered into a Contract Services Agreement (Agreement) by which the Contractor is to provide a homeless daytime drop-in center operator, and wrap-around services, for individuals who are homeless or at risk of becoming homeless at the City facility located at 225 El Cielo Drive in Palm Springs for a term of two years, with two (2) one-year ( I-year) options to extend. Agreement is attached hereto as Exhibit B and is incorporated as though fully set forth herein.

3. On October 26, 2021, City and Contractor entered into the First Amendment (First Amendment) to increase the Compensation to not exceed $212,050 per year, with all other terms and conditions to remain the same. Agreement is attached hereto as Exhibit C and is incorporated as though fully set forth herein.

4. City and Contractor now desire to amend the Agreement to allow for 3 Full Time Equivalent Security (FTE) rather than 2.5 FTE as stated in the Agreement.

NOW, THEREFORE, the City and Contractor hereby agree as follows:

Agreement

1. The recitals are true and correct and are incorporated by this reference.

2. Section 5.5 of the Agreement is hereby amended in its entirety to read as follows:
"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:

Linda Barrack President and Chief Executive Officer
TBD Case Manager/Employment Specialist -2.0 FTE
TBD Program Manager Case Manager - 1.0 FTE
TBD Senior/ Executive Manager -0.2 FTE
TBD Security-3.0 FTE
TBD Reporting Specialist -0.4 FTE"
Item 1I - Page 44

3. The Revised Schedule of Costs, attached hereto as Attachment 1, is incorporated herein. The Revised Schedule of Costs includes modifying the Security to 3.0 FTE. There are no additional modifications to the Revised Schedule of Costs.

4. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have duly executed this Amendment on the date first set forth above.

MARTHAS VILLAGE AND
KITCHEN ("Contractor")
Linda Barrack
President & Chief Executive Officer

THE CITY OF PALM SPRINGS
("City")
By:_~~s-ti-n-C-li~~~n-~·~=-
1 -
City Manager VO v
Approved as to Form:
....

CJta!-~ rr11mg
City Attorney
Attest:

Item 1I - Page 45
ATTACHMENT 1
Revised Schedule of Costs and
Revised Schedule of Performance
Item 1I - Page 46
Revised Schedule of Costs
Martha's City of
Village and Palm
Martha's Village and Kitchen's -Palm Kitchen -Springs - Springs Access Center -Program Budget Funding Funding
Employee Expense/ All inclusive -2.0 FTE Case
Manager/ Employment Specialist -1.0 FTE 179,016 144,000 Program Manager /Case Manager -.20 FTE Senior/Exe. Manager -.40 FTE Reporting
Specialist -3.0 FTE Security
Consultant 52,000 0
Phone -Four lines -Client and Staff lines 1,500 1,500
Internet -For staff and client connection -
Alarms -Monthly fee and install
2,500 0
Travel -Staff -Mileage and Van Expense/ Client 15,119 0 -Bus passes, Uber, etc ..

Advertising/ Staff training and hiring costs 2,000 0
Building and Equipment Small repairs 1,200 0
Client Supplies (Birth Certs, Licenses,
Certifications, IDs, Uniforms, interview and 3,000 1,500 employment clothing, hygiene items, etc.)
Insurance -For office content 1,100 0
Client and Staff -Computers -Scanners -7,300 2,000
Printers-Hot Spots -Software, Cameras -etc.

Furnishings 2,500 2,500
Equipment 6,000 0
Office supplies 3,400 0
Showers and Restrooms 0 25,000
Laundry 2,500 4,100
Miscellaneous and PPE and air purifiers 1,000 4,000
Administration and Compliance 15% 42,020 27,450
Total 322,155 212,050
Contractor may shift funds from one budget line item to another budget line item for eligible costs. However, the Administration and Compliance 15% budget line item may not be modified. In no case shall total annual expenditures exceed the total annual budget amount of $212,050.
*** Please note Martha's Village's Budget does not included an additional $40,000 to $50,000 in donations of In-kind items and grant writing to secure future funds.

Total
323,016
52,000
3,000
2,500
15,119
2,000
1,200
4,500
1,100
9,300
5,000
6,000
3,400
25,000
6,600
5,000
69,470
534,205
Item 1I - Page 47
Exhibit A
Contract Services Agreement Dated August 25, 2021
Item 1I - Page 48
Exhibit B
Amendment No. l to Contract Services Agreement

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS

RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY EMPLOYEE

COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER

ASSOCIATION EMPLOYEES
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE CITY

OF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN AGREEMENT

TO INCLUDE EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES.”

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

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS

RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY

EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM

SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Human Resources

SUMMARY:

The City Council will consider an amendment to the City of Palm Springs Retirement Health Savings Plan to include mandatory employee compensation contributions by eligible Fire Safety employees.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE CITY

OF PALM SPRINGS RETIREMENT HEALTH SAVINGS PLAN AGREEMENT TO

INCLUDE EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES.”

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

BACKGROUND:

The City of Palm Springs adopted the Retirement Health Savings Plan on December 2, 2004, as a benefit for employees not eligible for the retiree health reimbursement plans in accordance with the applicable Memorandum of Understanding.

The current memorandum of understanding between the City and The Palm Springs Firefighters Association states the City will contribute $150 per month to a Retiree Health Savings Plan for each eligible employee during their employment. The current Retirement Health Savings Plan Agreement doesn’t allow for em ployee contributions to their own Retiree Health Savings Plan.

Item 1J - Page 1
City Council Staff Report
January 12, 2023 – Page 2
Retirement Health Saving Plan Amendment for Fire Safety

The Palm Springs Firefighter s Association requested that the City of Palm Springs Retirement Health Savings Plan administered by Mission Square be amended to allow a mandatory contribution of their compensation in the amount of $200 per month for a total of $2,400 annually.

STAFF ANALYSIS:

The Palm Springs Firefighters Association members have agreed to contribute $200 per month to their individual Retiree Health Savings Account in addition to the City’s current contribution of $150 per month. In order to make this change, an amended agreement with Mission Square and a side letter of agreement between the City and the Association has been drafted and is attached for the Council’s consideration.

Allowing employees to contribute directly to their Mission Square Retirement Health Savings Plan will enable them to better prepare for their post-retirement health care costs at no additional cost to the City. The Association and staff are in support of this amendment.

ENVIRONMENTAL IMPACT:

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 exempt from CEQ A p ursuant to Section 15378(b)(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

There is no fiscal impact as this plan amendment requires employee compensation contributions that are solely funded by the participating employees.

REVIEWED BY:

Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Resolution amending the Retirement Health Savings Account B. Mission Square Retirement Health Savings Plan Amendment Packet C. Side Letter between the City and the Palm Springs Firefighters Association

Item 1J - Page 2

ATTACHMENT A

Item 1J - Page 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING

THE CITY OF PALM SPRINGS RETIREMENT HEALTH

SAVINGS PLAN A GREEMENT TO INCLUDE EMPLOYEE

COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM
SPRINGS FIREFIGHTERS ASSOCIATION EMPLOYEES.

WHEREAS, The City of Palm Springs adopted the Mission Square Retirement Health Savings Plan on December 2, 2004.

WHEREAS, The City approved the current Memorandum of Understanding between the City and the Palm Springs Firefighters Association with a term of July 1, 2021 to June 30, 2023 on January 12, 2021.

WHEREAS, The City currently contributes $150 per month to eligible Palm Springs Firefighters Association employees’ Retiree Health Savings Plan.

WHEREAS, The City and the Palm Springs Firefighters Association jointly agree to amend the Mission Square Retiree Health Savings Plan Agreement to include a mandatory $200 monthly employee contribution to the employees’ Retiree Health Savings Account.

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

SECTION 1.

That effective January 1, 2023, the City of Palm Springs modify the Memorandum of Understanding between the City and the Palm Springs Firefighters Association to include employee contribution by eligible Palm Springs Firefighters Association employees to their Retiree Health Savings Account.

SECTION 2.

That effective January 1, 2023, the City of Palm Springs mo dify the agreement with Mission Square to include eligible Palm Springs Firefighter Employee contribution of $200 per month to their Retiree Health Savings Account.

SECTION 3. The Director of Human Resources is authorized and directed to modify the Memorandum of Understanding and fulfill any meet and confer process(es) in accordance with these changes.

ADOPTED THIS 12TH DAY OF JANUARY 2023
.

TERESA GALLAVAN

INTERIM CITY MANAGER
Item 1J - Page 4
Resolution No. _____

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1J - Page 5
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 12 TH day of January 2023, 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 1J - Page 6

ATTACHMENT B

Item 1J - Page 7
Item 1J - Page 8
Missii:inSquare RETIREMENT
MissionSquare
Retirement
Health
Savings
(RHS)
F?lan
Amendment
Packet
To
amend
your
existing
RHS
Plan,
please
complete
the
entire
Adoption
Agreement,
including
items
that
are
not
being
amended.

W
hen
you
send
your
amendment
to
M
issionSquare
Retirement,
please
summarize
the
changes
in
your
cover
letter.

P(ease
note
that
MissionSquare
does
not
requ
ire
the
use
of
a resoiution
to
amend
the
plan.

Shoufd
you
require
legislative
action,
yei>u
may
use
the
enclosed
Suggested
Resolution
for
Amendment.

If you
do
not
requ
ire
legislative
action,
you
may
complete
the
Suggested
Affirmative
Statement
for
Amendment
which
is
also
enclosed. When
amending
the
RHS
Plan,
you
should
consider
nondiscrim
ination
n.des.

Please
review
the
informa~ion
in
Nondiscrimination
Requirements
document
included
in
this
packet.

Once
the
amendment
is
completed,
retain
a copy
for
your
records
and
send
the
or
iginal
with
the
cover
letter
and
either
the
resolution
orithe
affirmative
statement
to
MissionSquare
as
follows:

MAIL: MissionSquare
Retirement
Attn:

Plan
Services
PO
Box
219320
Kansas
City,
MO
64121-9320
FAX
:

MissionSquare
Retirement
Attn:

Plan
Services
(844)
677-3297
ONLINE: Log
in
to
the
e"'ployer
website
to
send
a secure
1messa9e
ahd
upfoad
your
documents
to
MissionSquare.

You
will
receive
notification
that
your
amendment
has
been
received
and
accepted.

Item 1J - Page 9
MissionSquare RETIREMENT MissionSquare
RHS
Adoption
Agreement
Item 1J - Page 10
MissiopSquare
Retijrement
Health
Savings
(RHS)
Adoption
Agreement
Plan
Nqmbe
r:
8_o_o
9_5_7 __
_
Select
as
applicab
le:

Standalone
RHS
Integrated
RHS
X
Amendment
to
Existing
Plan
I.

Employer
Name:
_C_ity_o_
f _P_a_lm_S_pn_'
h_g_s
__________
State:
_c_a_ln_o_m_ia
_____
_
II.

The
Employer
hereby
a~ests
,hat
it
is
a unit
of
a 5':ate
or
local
government
or
an
agency
or
instrumentaUty
of
one
or
more
units
of
a state
or
local
government.

Ill.

Plan
Dates:

A.

Plan
Amendment
Effective
Date
01/01/2023
B.

Plan
Year:

Ent~r
the
a,inual
account
if)g
period
for
the
RHS
program.
________
_
IV.

The
Employer
intends
to
utilize
the
Trust
to
fund
only
welfare
benefits
pursuant
to
the
foHowing
welfare
benefit
plan(s)
established
by
the
Employer:
________________
_
V.

E'igibl,
Groups,
Pa11ijcipatien
and
Participant
EligibUity
Requirements
A.

Eligible
Groups
The
fotlowing
group
or
groups
of
Employees
are
eligible
to
participate
in
the
6mployer's
welfare
benefits
plan
identified
in
Section
IV.
(check
all
applicable
boxes):

All
Empf
oyees
All
Full-Time
Employees
Non-Union
Employees
Public
Safety
Erpployees
-Police
Public
Safety
Employees
-Firefighters
General
Employees
><
Collectively-Bargained
Employees
(Spectify
unit(s))
GU,
MX,
EX,
FS,
FMX,
PS,
PMX,
EO
x
Ot;her
(specify
group(s))
All
employees
.5
to
1 FTE
&
elected
officials
retiring
on/after
12/2/04
The
Employee
group(s)
specified
must
correspond
to
a
group(s)
of
the
same
designation
that
is
defined
in
the
statutes,
ordinances,
rules,
regulations,
personnel
manuals
or
other
documents
or
provisions
in
effect
in
the
state
or
locality
ofthe
Employer.

B.

Particip~tion Mandatory
Partidpation:

All
Employees
irl
the
co'ilered
group(s)
are
required
to
participate
in
the
Plan
and
shatl
receive
contributions
pursuant
to
Section
VI.

If
th~
Employer's
underlying
welfare
benefit
plah
is
in
whole
or
part
a
non-collectively
bargained
plan
that
allows
reimbursement
for
medical
expenses
other
than
insurance
premiums,
the
nondiscrimination
requir'3me
t\ts
of
Inte
rnal
Revenue
Code
(IRC)
Section
1 OS(h)
will
app,ly.

These
rules
~ay
impose
taxation
on
the
benefits
received
by
highly
compensated
individuals
if
the
Plan
discriminates
' in
favor
of
highly
compensated
indivtduafs
in
terms
of
eligibility
or
benefits.

The
EmJ?loyer
should
qiscuss
these
ryles
with
appropriate
counsel.

C.

Participant
Eligibility
Requirements

1. Miflimum
service:

The
minimum
period
of
service
required
for
participation
is __ N_l_A
__
_
(write
N/
A
if
no
minimum
service
is
required).

Item 1J - Page 11

2. Minimum age: The minimum age required for eligibility to partic;ipate is._N_l_~ _____ _ (write N/ A if .no minimum age is required).

VI. Contribution Sources and Amounts
A. Definition of Earnings
The definition of Earnings w~II apply to all RHS Contribution Features that reference "Earnings," including Direct Employer Contributions (Section VI.B.1.) and Mandatory Employee Compensation Contributions (Section Vl.8.2.).

Defin ition of earnings: __________________________ _
B. Direct Employer Contributions and Mandatory Contributions Contributions for participants include:

1. Direct Employer Contributions
The Employer shall contribute on behalf of each Participant 0 % of Earnings*
$ 0 each Plan Year
A discretionary amount to be determined each Plan Year
x Other (describe): EO - $50/mo; GU, MX, EX, PS, PMX - $100/n,o; FS & FMX -$150/mo

2. Mandatory Employee Compensation Contributions
The Employer will make mandatory contributions of Employee compensation as follows:
x Reduction in Salary- __ % of Earnings or$ 2,400 for FS will be contributed for the Plan Year.

Decreased Merit or Pay Pian Adjustment - ~II or a portion o{ the Employees' annual merit or pay plar adjustment will be contributed as follows:

An Employee shall .nm..ahave the right to ~Uscontinue or vary the rate of mandatory contributions of employee compensation.

3. Mandatory Employee Leave Contributions
The Employer will make mandatory contrihutions of accrued feave as follows (provide formula for determining mandatory erpployee leave contributions):

Accrued Sick Leave ________________________ _
Accrued Vacation Leave _______________________ _
Other (specify type of leave) Accrued Leave ______________ _ An Employee shal1.n.Q1.have the right to discontinue or vary the rate of mandatory leave contributions.
* Non-collectively bargained plans that reimburse medical expenses other than insurance premiums should consult their benefits counsel regarding welfare plaN nondiscrimination rules if the employer elects to make contribut ions based on a percentage of earnings.

Item 1J - Page 12
C.

U"'its
on
Total
Contributions
(check
one
box)
The
total
contribution
by
the
Employer
on
behalf
of
each
P~rticipant
(including
direct
employer
and
mandatory
employee
contributions)
for
each
Plan
Year
shall
not
exceed
the
following
limit(s)
below.

Limits
oh
individual
contribut
ion
types
are
defined
within
the
appropriate
section
above.
x
There
js
no
Plan-defined
limit
on
the
percentage
or
dollar
amount
of
earnings
that
may
be
contributed. ____
%of
earnings
Definition
of
earnings:

Same
as
Section
VI.A.

Other
$ ______
for
the
Plan
Year.

VH.

Vesting
for
Direct
Employer
Contributions
A.

Vesting
Sclhedule
(check
one
box)
x
The
account
is
100%
vested
at
all
times.

The
vesting
schedule
below
s~all
apply
to
direct
employer
contributions
as
outli
r,ed
in
Section
VI.B.1. Vesting
schedules
beY,ond
10 years
are
not
supported.

For
vestipg
sched~les
that
are
not
supported,
it
is
the
employer's
responsibility
to
maintain
and
provide
the
vested
percentage
of
eligible
employees
upon
benefit
eligibility.

Years
of
Service
Completed
Vesting
Percentage
______
%
______
%
______
%
______
%
______
%
______
%
______
%
______
%
______
%
______
%
Item 1J - Page 13
B.

The
account
will
become
100%
vested
upon
the
death,
disability,
retirement*,
or
attainment
of
benefit
eligibility
(as
outlined
in
Section
IX)
by
a Participant.
*
Defin
ition
of
retirement
indudes
a separation
from
service
component
and
is
further
defined
by
(check
one): The
primary
retirement
plan
of
the
Employer
Separation
from
service
Normal
Retirement
Age
(NRA)
defined
at
age
___
_
Retirement
plus
years
of
service
-NRA
defined
by
employer
at
age
__
and
_
__
years
of
service
x
Other
Normal
retirement
age
and
separation
from
City
service
Any
period
of
service
by
a Participant
prior
to
a rehire
of
the
Partidpant
by
the
Empfoy•r
shall
not
count
toward
the
vesting
schedule
outlined
in
A
above.

For
vesting
purpose,
you
must
define
"retirement''
and
enter
the
age and
optionally
a service
period
associated
with
the
NRA
so
that
assets
are
vested
100%
for
a participant
. If
NRA
is
left
bfank,
it
will
default
to
age

62. VIII.

Forfe~re
Provis,ons
If a
Participant
separates
from
service
prior
to
full
vesting,
non-vested
funds
in
the
Participant's
account
shall
be
forfeited
in
accordance
with
the
box
checked
under
this
section.

Upon
the
death
of
a
Participant, surviving
spouse,
and
all
surviving
eligible
dependents
(as
outlined
in
Section
XI),
funds
remaining
in
the
Participant's
account
shall
revert
to
the
Trust
in
accordance
with
the
box
checked
under
this
section.

If a
Participant
permanently
opts
out
and
waives
future
reimbursements,
as
allowed
under
IRS
Notice
2013-54,
all
funds
in
the
Participant's
account
at
the
time
of
waiver
shall
be
forfeited
in
accordance
with
the
box
checked
under
this
section.*
Remain
in
the
Trust
to
be
reallocated
among
all
Plan
Participants
with
a balance
as
Direct
Employer
Contributions
for
the
next
and
succeeding
contribution
cycle(s).**
x
Remain
in
the
Trust
to
be
reallocated
on
an
equal
dollar
basis
among
all
Plan
Participants
with
a
balance.** Remain
in
the
Trust
to
be
reallocated
among
all
P,an
Participants
based
upon
Participant
account
balances.**
IX.

Eligibility
Requir~ments
to
Receive
Medical
Benefit
Payments
from
the
MissionSquare
Retirement
Health
Savings
Program
A.

A
Participant
is
eligible
to
receive
benefits:

At
retirement
only
(also
complete
Section
B.)
Definition
of
retirement:

Same
as
Section
VII.B.

Other
___________________
_
x
At
separation
from
service
with
the
following
restrictions
x
No
restrictions
Other
___________________
_
Item 1J - Page 14
B.

Termination
friorto
general
benefit
eligibility:

In
a case
where
the
genera
l benefit
elig
ibility
as
outlined
in
Sect
ion
IX.A
in
cl
udes
a
retirement
component,
a
Participaht
who
separates
from
service
of
the
Employer
prior
to
retirement
will
be
eligible
to
receive
benefits:

X
Im
mediately
upon
separation
fro
m
service
Other
______________________
_
*
If th
e
Employer's
RHS
Program
'does
not
limit
eligibi-lity
to
Pa
rti
cipants
who
have
separat
ed
from
service,
the
Employer
will
be
requ
ired
to
prov
ide
further
dire
cti
on
to
MissionSq
uare
re
ga
rding
th
e trea
tm
ent
of
possible
co
nt
rib
ut
ions
th
at
are
requ
ired
to
be
mad
e
fo
llow
ing
the
Participa
nt'
s wa
iver
.
**
If the
forfeite
.~
balance
is
sm
all
whereby
the
reallocation
amount
to
each
Plan
Pa"icipant
with
a
balance
is
f'\'\
inimal,
the
ass
ets
will
revert
to
Employe
r's forfeiture
account
for
fu
rth
er
direction from
the
Employe
r. If there
are
Partic!ipa
nts
with
out
a
balance
who
shou
ld
rece
ive
forfe
iture
assets,
please
provide
alternative
instruct
ions
to
MissionSquare
on
the
forfeiture
reallocation
notice.

C.

A
Participant
who
becomes
tota'ly
and
permanently
disabled
x
As
de
fined
by
the
Social
Secu,rity
Administration
As
defined
by
the
Employer's
primary
retirement
plan
Other
______________________
_
v,'i'I
become
im~iatebr
elig•ble
to
receive
medica1
benefit
payments
from
his/her
account
under
the
EfTlployer's
welfare
benefits
plan.

D.

Upon
the
death
of
the
Participant,
benefits
shall
become
payable
as
outlined
in
Section
XI.

X.

Permissib1e
Medical
Benefrt
Payments
Select
one
option.

Benefits
eligible
for
reimbursement
under
the
plan
are
as
allowed
under
IRC
Section
213
other
than
(i)
direct
long-term
care
expenses,
and
{ii)
expenses
for
mediaines
or
drugs
which
are
not
prescribed
drugs
(other
than
insulin).
x
Option
1 :

AH
Medical
Benefits*
Option
2:

Insurance
Premiums
Only
Option
3:

Seiect
Expenses*
you
wish
to
cover
under
the
6mployer's
welfare
benefrts
pfan:

Medical
Insurance
Premiums
Medical
Out-.of-Pocket
Expenses
Medicare
Part
B
Insurance
Premiums
Medicare
Part
D
lpsur~nce
Premiums
Medicare
Supplemental
Insurance
Premiums
Prescription
Drug
Insurance
Premiums
COBRA
Insurance
Premiums
Dental
Insurance
Premiums
Dental
Out-o{-Pocke1
Expenses
Vision
Insurance
Premi~ms
Vision
Out-of-Pocket
Expenses
Qualified
Long-Term
Care
Insurance
Premiums
Non-Prescription
medications
sltowed
under
IRS
guidance
Other
qualifying
medical
expenses
(describe)
________________
_
*
Non-collectively
bargained
plans
that
reimburse
medical
expenses
other
than
insurance
premiums
shoutd
consult
their
benefits
counsel
regardin9
welfare plan
nondiscrimination
rules
if the
employer
elects
to
make
contributions
based
on
a
percentage
of
earnings.

Item 1J - Page 15
XI.

Benefits
After
the
Death
of
the
Participant
In
the
event
of
a Part
icipamt's
death,
the
following
shall
apµly:

A.

Surviving
Spouse
and/or
Surviving
Dependents
Upon
the
death
of
a Part
icipant,
the
surviving
spouse
and/or
surviving
el
igible
dependents
(as
defined
in
Sect
ion
XII.D.)
of
the
deceased
Participant
are
immediately
eligible
to
marnta
in the
Participant's
RHS
account
and u
tilize
the
remaining
balance
to
fund
eligible
medical
benefits
specified
in
Section
X
abo
ve.

Th
e
account
balance
m
ay
be
rea
llocated*
by
the
surviving
spouse
or
dependents.
*
Before
invest
ing, please
re
ad
th
e
appl
icab
le
fund
disc
losu
re
mater
ia
ls
ca
refully
for
a
co
mp
let
e
summary
of aH
fees,
expenses,
investm
ent
ob
jectives
and
strategies,
and
risks.

This
information
is
available
when
you
log
in
at
www,missiQnsq.org,
or
upon
re9uest
by
ca
lling
(800
) 326-7272.

If
a Participant's
account
balance
has
not
been
fully
utilized
upon
the
death
of
the
eligibte
spouse,
the
account
balance
may
contirwe
to
be
utilized
to
pay
benefijts
of
e,igible
dependents.

Upon
the
death
of
all
eligible
dependents,
the
account
wili
revert
in
accordance
with
the
Employer's
election
under
Section
VIII
of
the
MissionSquare
RHS
Adoption
Agreement.

B.

No
Surviving
Spouse
or
Surviving
Dependents
If there
are
no
living
spouse
or
dependeAts
at
the
time
of
death
of
the
Participant,
the
accouAt
will
revert
in
accordance
with
the
Employer's
election
under
Section
Vlll
of
t~e
MissionSquare
RHS
Adoption
Agreement.

XII.

The
Plan
Will
Operate
According
to
the
Following
Provisions:

A.

Employer
Responsibilities

1. The
El'Tl
ployer
wiU
submit
afl
MissionSquare
Retirement
Health
Savings
Plan
enro,lment
and
contribution
data
via
electronic
submission.

2. The
Employer
will
submit
all
MissionSquare
Retirement
Health
Savings
Plan
Participant
status
updates
or
personal
information
updates
via
electroriic
subr(lission.

This
includes
but
is
not
limited
to
termination
notification,
benefrt
eligibility,
and
vesting
notification.

B.

Participant
account
administration
and
asset-based
fees
will
be
paid
t~rough
the
redemption
of
Participant
account
shares,
unless
agreed
upon
otherwise
in
the
Administrative
Services
Agreement.

C.

Assignment
of
benefrts
is
not
permitted.

Benefits
will
b~
paid
only
to
the
Participant,
his/her
survivors,
the
Employer,
or
an
insurance
provider
(as
allowed
by
the
claims
administrator).

Payments
to
a third­
party
payee
(e.g.,
medical
service
provider)
are
not
permitted
with
the
exception
of
reimbursement
to
the
Employer
or
insurance
provider
(as
altowed
by
the
claims
administrator).

D.

An
eiigibie
dependent
is
(a)
the
Participant's
lawful
spouse,
(b)the
Participant's
chifd
under
the
age
of
27,
as
defined
by
IRC
Section
152(f)(1)
and
Internal
Revenue
Service
Notice
2010-38,
or
(c)
any
other
individual
who
is
a
person
described
in
IRC
Section
152{a),
as
clarified
by
Internal
Revenue
Service
Notice
2004-79.

E.

The
Employer
will
be
responsible
for
withholding,
reporting
and
remitting
any
applicable
taxes
for
payments
which
are
deemed
to
be
discriminatory
under
IRC
Section
105(h),
as
outlined
in
the
x
Employer
Manual.

Item 1J - Page 16
XIII.

Employer
Acknowledgements
A.

The
Employer
hereby
acknowledges
it
understands
that
failure
to
properly
fill
out
this
MissionSquare
Retirement
Health
Savings
Adoption
Agreement
may
result
in the
loss
of
tax
exemption
of
the
Trust
and/or
loss
of
tax-deferred
status
for
Employer
contributions.

B.

Check
,this
box
if you
are
including
supporting
documen1s
that
include
plan
provisions.

Employer
Signature
By.
_________________
_
Date:
___
_
Tltle:

Teresa
Gallavan,
City
Manager
Atte~:.
___________________
_
Date:
___
_
Tltle:
____________________
_
Item 1J - Page 17
Mission
Square
RETfREM£NT
Retiree
Health
Progrom
Nondiscrimination
Requirements
l111portant
lnfonnatlo"
on
Welfare
Plan
Nondlsmm,natlon
Rules
AN
EMP\.()YER'S
RmR£E
HEALTH

PROGRAM
(I.E.,

MISSIONSCIUARE
RETIREM6NT
HEALTH
SAVtNGS
(RHS)
f>lAN/~01(fU
~BTIR&E
MEAl,TH

ACCOUNTI
wil'
generally
be
covered
by
nondiscr
imin~t
ion
req~iremen\5
that
are
alrea~y
applicable
to
the
employer's
other
healt
h and
welfare
plans
(under
Internal
Revenue
Code
Section
105(h)).

However,
please
note
that
nondiscrimination
requirements
will
not
adversely
impact
your
Retiree
Health
Progra{Jl
(Program)
in the
following
scenarios:

A.

If the
Program
is limited
to
one
or
more
collective
bargaining
groups
that
bargained
regarding
heahh
benefits
and
the
Program
provides
for
fixed
dollar
contributions
for
all
employees.

B.

If the
Program
limits
reimbursements
to
insurance
premiums
only
(health
insurance
premiums,
Medicare
supplemental
insurance
premiums,
Medicare
Part
B insurance
premiums
COBRA
insurance
premiums,
long-term
care
insurance
premiums).

Premium-Only
Progra'l}s
are
currently
excluded
from
nondiscrimination
testing;
However,
under
the
Affordable
care
Act,
Premium-Only
Programs
will
likely
be
subject
to
nondiscrimination
testing
upon
future
IRS
guidance.

If the
Program
does
not
fall
into
one
of the
two
scenarios
above,
health
and
welfare
nondiscrimination
requirements
may
adversely
impact
your
Plan.

Geoerally
speaking,
if your
progran,
does
not
fall
under
ooe of
the
two
scenarios
above,
the
following
requirements
apply:

1. An
IRS-approved
proportion
of your
employees
must
be
covered.

For
instance,
coverage
must
be
extended
to
at least
70 percent
of employees
(excluding
part­
time
and
seasonal
employees,
employees
under
age
25,
employees
with
less
than
three
years
of service,
and
collecttively
bargained
employees).

Once
the
employer
ide~,fies
the
applicable
coverage
group,
up
to
30 percent
of that
group
can
be
excluded.
1 2.

Benefi
ts must
be
provi
ded
on a substa
ntia
lly
equal
basis
to all cover
ed
emp
loyees.

What this
means,
in practical
terms,
is that
contribu
tions
must
be
subs
tan
tially
eq
ual for
eac
h parUcip
ant,
and
thus
cannot
be
determin
ed as
a percentage
of
comp
ensati
on or
based
on age
or yea
rs of service.

A
fixe
d do
llar contribution
would
comply.

Please
note
that
"failure"
to
meet
the
nondiscrimination
requirements
does
not
result
in °disqualification"
of the
Program.

The
ramifications
of
not
meeting
the
requirements
are
that
11excess
benefits"
paid
to
0 highly
compensated
individuals
0 ,hat
participa1e
in the
RHS
plan
are
taxable
as
W-2
income
to the
participant.

An excess
benefit
is generally
equal
to
the
amount
of the
benefit
made
available
to the
highly
compensated
individuals
but
not
made
available
to other
empl~yees.

Hlg~ly
compensated
individuals
will
generally
consist
of the
highest
paid
25 percent
of afl
employees.

Whai
does
all
this
mean?
Employers
need
to
consider
nondiscrimination
requirements
when
developing
their
Program.

The
employer
may
want
to
consider
talking
to
benefits
counsel
to
determine
if these
rules
wUI
impact
its
participants.

S~ould
an
employer
establish
~
program
that
does
not
fall
untler
scenario
A or
B above
and
does
not
meet
the
nondiscrimination
requirements,
the
out­
of-pocket
expenses
paid
to
highly
compensated
employees
may
be
taxable.

You
are
encouraged
to discuss
the
results
with
a tax
or
benefits
advisor
because
the
IRS
rules
are
complex.
1 There
may
be
additional
ways
that
your
program
would
satisfy
the
nondiscrimination
requirements
of
/RC§
105(h).

MlsslonSqua
.,.

Retirement
777
N. Cap
itol
Street,
NE,
Wash
ington
, DC
20002
-4240
(800)
326-7272
www
.mlssionsq
.org
55237
-1221-850

ATTACHMENT C

Item 1J - Page 18

SIDE LETTER OF AGREEMENT
BETW
EEN

CITY OF PALM SPRINGS
AND

PALM SPRINGS FIREFIGHTERS ASSOCIATION
This Side Letter of Agreement (“Agreement”) between the City of Palm Springs (“City”) and the Palm Springs Firefighters Association (“PSFA”) is entered into with respect to the following:

WHEREAS, the City and PSFA are parties to a memorandum of understanding (MOU) with a term of July 1, 2021 to June 30, 2023; and
WHEREAS, the parties wish to commence employee compensation contributions towards their Retirement Health Savings plan of $200 per month for a total annual contribution of $2,400 effective January 1, 2023; and
WHEREAS, the following sets forth the parties’ Agreement:

Effective on January 1, 2023 after City Council approval of this Agreement, Palm Springs Firefighters Association employees hired on or after November 1, 2006 will make mandatory contributions of $2 00 per month for a total annual contribution of $2,400 to their City of Palm Springs Retirement Health Saving Plan.

FOR THE CITY OF PALM SPRINGS
_________________________ __________________________
Teresa Gallavan Date

PALM SPRINGS FIREFIGHTERS ASSOCIATION (PSFA)
_________________________ __________________________
Brandon Wright Date
Item 1J - Page 19
S
1 IDE LETTER OF AGREEMENT

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 23-24A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF

CALIFORNIA HEALTH & SAFETY CODE

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT

AGENCY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”
Attachments
Item 1K

SUCCESSOR AGENCY STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS 23-24 A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF CALIFORNIA HEALTH & SAFETY CODE

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

Under the Redevelopment Dissolution Act, the Successor Agency is required to approve a Recognized Obligation Payment Schedule (ROPS) and submit it to the County Auditor- Controller, the State Department of Finance (DOF), and the State Controller’s Office.

After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the County-wide Oversight Board (COB). This ROPS covers the period from July 1, 2023 through June 30, 2024, separated into two six -month periods.

The ROPS will subsequently be presented to COB and submitted to the Department of Finance and County Auditor-Controller prior to the deadline of February 1, 2023.

The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT

AGENCY, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE.”

STAFF ANALYSIS:

The ROPS is the document used by the DOF to determine the amount of Redevelopment Property Tax Trust Fund (RPTTF) moneys the Successor Agency will be allowed to retain Item 1K - Page 1
Successor Agency Staff Report
January 12, 2023 -- Page 2
Recognized Obligation Payment Schedule 23-24

to meet the approved obligations of the Successor Agency, as well as the amount of the Successor Agency's allowable administrative budget. ROPS 23-24 is divided into two six- month periods – July to December 2023 and January to June 2024.

After approval by the Successor Agency, the ROPS will be submitted to the COB for approval, and after their approval, to the Department of Finance. ROPS 23-24 must be approved by the COB and must be submitted to the DOF no later than February 1, 2023.

The COB meets on January 19, 2023.

The COB requires that the City file a Notice of Exemption under CEQA relating to the ROPS, and direction to staff to do so after approval of the COB resolution is included in the resolution approving the ROPS 23-24.

ENVIRONMENTAL ASSESSMENT:

The requested Successor Agency action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the amendment is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts.

FISCAL IMPACT
:

The total enforceable obligations for Fiscal Year 2023-24 are $4,570,692. The obligations are funded with a combination of RPTTF, funds unspent in the prior ROPS period, and bond reserves funded in the prior ROPS period as required by the bond indentures.

The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000, which is allocated to salaries and benefits as shown below:

40000 Salaries 175,896
41450 Telecommunication 258
41600 PERS Contribution 47,418
41700 Medicare Tax 2,551
41900 Fringe Benefits 23,619
41930 RHS Health Benefit 258
Total $250,000

The maximum allowance for administrative costs does not cover the total of such costs incurred by the City to administer the winding down of the former Redevelopment Agency’s operations . Additional expenses not covered by the maximum allowance include additional salaries of personnel allocable to the Successor Agency, legal costs of the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency’s financial statements, which total approximately $50,000. Such costs Item 1K - Page 2
Successor Agency Staff Report
January 12, 2023 -- Page 3
Recognized Obligation Payment Schedule 23-24

are paid by the General Fund. If any of the $250,000 allowance remains after payment of salaries, any remaining amount will be applied to other additional administrative costs.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Resolution and Recognized Obligation Payment Schedule for Fiscal Year 23-24 (Exhibit “A” to the Resolution).

Item 1K - Page 3

ATTACHMENT A
Resolution
Item 1K - Page 4
Item 1K - Page 5
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS

CAPACITY AS SUCCESSOR AGENCY TO THE PALM

SPRINGS COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (AOPS 23-24 A&B) AND AN ADMINISTRATIVE
EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023
THROUGH JUNE 30, 2024, PURSUANT TO THE
CALIFORNIA HEAL TH & SAFETY CODE.

WHEREAS, the Successor Agency to the Palm Springs Community Redevelopment Agency ("Successor Agency") is the successor to the Community Redevelopment Agency of the City of Palm Springs ("Former Redevelopment Agency"), a redevelopment agency in the City of Palm Springs, duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) ("Redevelopment Law"); and WHEREAS, the "Dissolution Act," comprised of Assembly Bill "ABX1 26" (Chapter 5, Statutes of 2011) and "ABX1 27" (Chapter 6, Statutes of 2011 ), and subsequent legislation including Assembly Bill "AB 1484" (Chapter 26, Statutes of 2012) and Senate Bill "SB 107" (Chapter 325, Statutes of 2015), made certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 341 61) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code ("H&SC"); and
WHEREAS, H&SC 34177(1) requires the Successor Agency to prepare a Recognized Obligation Payment Schedule ("ROPS") listing the enforceable obligations of the Former Redevelopment Agency, including administrative expenses; and WHEREAS, pursuant to H&SC Section 34177(0)(1 ), beginning in 2016, each successor agency has been required to adopt a ROPS before each annual fiscal period establishing its enforceable obligations for that period, identifying sources to satisfy those obligations, and tracking its fund balances.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR

AGENCY OF THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.

SECTION 2. The Recognized Obligation Payment Schedule (ROPS 22-23) for the period of July 1, 2023 through June 30, 2024, attached to and incorporated into this Resolution as Exhibit A, is hereby approved.

Item 1K - Page 6
Resolution No. __
Page2
SECTION 3. The administrative budget of $250,000 for the period of July 1, 2023 through June 30, 2024 is hereby approved.

SECTION 4. The City Manager or designee is authorized to take all actions necessary to implement this Resolution or any direction from the County Oversight Board, including without limitation, the posting of this Resolution and the Recognized Obligation Payment Schedule on the Successor Agency's website, provide notice of adoption of this Resolution and such Schedule to the County Auditor-Controller, the State Controller and the State Department of Finance or the filing of a notice of exemption from the California Environmental Quality Act.

SECTION 5. The Successor Agency's governing board represents and warrants that it examined all of the items on the ROPS 23-24 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind-down of the affairs of the Former Redevelopment Agency by the Successor Agency.

SECTION 6. In retaining the responsibilities of the Former Redevelopment Agency as provided in H&SC Sections 34173 and 34176, the City Council expressly determines, reaffirms, and ratifies the statutory limitation on the City and the City Council's liability in retaining the responsibilities of the Former Redevelopment Agency pursuant to the Dissolution Act. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City's service as the Successor Agency to the Palm Springs Community Redevelopment Agency as provided in this Resolution.

SECTION 7. This Resolution shall take effect three days from adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY

COUNCIL, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, THIS 12th DAY OF JANUARY, 2023.

TERESA GALLAVAN, INTERIM CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK
Item 1K - Page 7
Resolution No.

Page3

CERTIFICATION

STATEOFCALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, hereby certify that Resolution No. _ was adopted by the Palm Springs City Council at a regular meeting held on the 12th day of January, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BRENDA PREE, CITY CLERK
City of Palm Springs, California
Item 1K - Page 8
Resolution No. __
Page4

EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 23-24
Item 1K - Page 9
Recognized Obligation Payment Schedule (ROPS 23-24) -Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Palm Springs
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund {RPTTF) (F+G)

F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
Certification of Oversight Board Chairman:

Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
23-24A Total 23-24B Total
(July -(January-
December) June)
$ 1,905,950 $ 3,000
1,903,404
2,546 3,000
$ 6,454 $ 2,655,288
6,454 2,405,288
250,000
$ 1,912,404 $ 2,658,288
Name
ROPS23-24
Total
$, 1,908,950
1,903,404
5,546
$ 2,661,742
2,411,742
250,000
$ 4,570,692
litle
the above named successor agency. /s/ ______________ _
Signature Date
Item 1K - Page 10

A B C D E F
Item Obligation Agreement Agreement
Project Name Execution Termination Payee # Type Date Dale 3 2007 Taxable Tax Bonds 09/18/ 09/0112034 US Bank
Albcatlon Bonds, Issued On or 2007
Serles B Before 12/
31/10
1 Contract Fees 09/22/ 06130/2024 Harrell&
Services - 2010 Company
Financial Advlsots
8 Contract Fees 06/04/ 06/30/2024 Wffldan
Services- 2010 Financial
Rebate Services
Calculation
9 Bond Trustee Feet 061161 11/01/2034 US Bank
Fees 2004
33 Administrative AdminCoats 01I01I 06/30/2034 City of
Coat Allowance 2016 Palm
Springs
44 2007 Taxable Tax Reserves 09/181 09/01/2034 US Bank
Allocation Bonds, 2007
Series B
62 2014 Refunding 08/19/ 09/0112034 US Sank
Subordinate Tax Bonds 2014
Allocation Bonds Issued After
6121112
66 2014 Reserves 08119/ 09/01/2034 US Bank
Subordinate Tax 2014
Allocation Bonds
70 LRPMP Property 07/01/ 06/30/2024 City of
Properties Maintenance 2016 Palm
Springs
71 LRPMP Property 07/01/ 06/3012024 Various
Properties Dispositions 2016 Vendots
73 2017 Tax Refunding 11/15/ 09/0112034 US Bank
Allocation Bonds 2017
Refunding Issued After
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS DetaH July 1, 2023 through June 30, 2024
G H I J K M N 0
ROPS 23-24A (Jul • O.c;J
Project Total ROPS Fund Sources Description Outstanding Retired 23-24 Area Obligation Total Reserve other Batanc:e Funds RPTTF
$33,784,813 $4,570,692 $1,903,404 $2,548 $6,454
Merged Project 1 Merged 1 1,958,810 N $173,278 130,444 . .

Bonds Disc:loaure /Rating Merged 60,000 N $5,500 - - .
1/Merged
2 Bonds Rebate Consulting Services Merged 21,500 N $3,000 - . 3,000 1/Merged
2 Bonds Trustee Fees Merged 128,000 N $9,000 • 2,546 3,454 1/Merged
2 Ovarhead Cost AllocatlolvSalaries Merged1/ 3,000,000 N $250,000 . - .

Merged2
Reserve for Seplember 1 Debt Merged 1
Servic;e
132,834 N $132,834 - . .

Q
23-24A
Total
$1,912,404
$130,444
$-
$3,000
$6,000
$-
$-
Refinancing of 2001 and 2004 Merged1/ 9,328,150 N $1,258,900 1,091.275 - • $1,091,275 Bonds Merged2 ReBerve for September 1 Debt Merged1/ 642,625 N $642,625 - . . s-Service Merged2 Maln1enance Costs on Agency Merged1/ 2,000 N
Held Property Pending Disposition Merged2
S· . - - $-
Costs for Dlspostlon of Agency Merged1/ 4,000 N $- . - . $- Held Property• Appraisals, Merged2
Fencing, Closing Costs, Drsfting
Sale Agreement
Refinancing 2007 Serles A Bonds Merged 1 12,215,350 N S525.450 313,225 . - $313,225 T u V w
ROPS 2S-Zl8 (Jan •Juna
Fund Sources 23-248
Other Admln Total
Funds RPTTF RPTTF
$3,000 $2,405,288 $250.000 12,868,288
. 42,834 - $42,834
- 5,500 - $5,500
- - - $-
3,000 - - $3,000
- • 250,000 $250,000
. 132,834 . $132,834
- 167,625 . $167,625
. 642,625 . $842,625
- - . $-
. . . $-
. 212,225 - $212,225
Item 1K - Page 11
A B C D E F G H I J K M N 0 Q T u V w
ROPS 23-24,A (Jul. Dec) ROPS 23-248 (Jan - Jun) Item Obllgatlon Agreement Agreement Project Total ROPS Fund Sources 23-24.t. Fund Sources 23·2'8 # Project Name Type Execution Termination Payee Description Area Outstanding Retired 23-24 Total Total Date Date Obligation Total Reserve Other RPTTF Other RPTTF Admln Balance Funds Funds RPTTF
Bonds, Series A 6127/12
74 2017 Tax Reserves 11/15/ 09/01/2034 US Bank Reserve for September 1 Debt Merged 1 767.225 N $767,225 - . . $- . 767.225 - $767,225 Allocation 2017 Service Refunding
Bonds, Series A
75 2017 Taxable Tax Refunding 11/15/ 09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged2 5,154,809 N $433,170 368,460 . . $368 ,460 . 84,710 - $64,710 Allocation Bonds 2017 Refunding Issued After
Bonds, Serles B 6/27/12
76 2017 Taxable Tax Reserves 11115/ 09/01/2034 US Bank Reserve for September 1 Debi Merged2 369,710 N $369,710 . . . $- . 369,710 - $369,710 Allocation 2017 Service Refunding
Bonds, Series B
Item 1K - Page 12
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (I), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
Fund Sources
Bond Proceeds Reserve Balance Other Funds RPTTF
ROPS 20·21 Cash Balances PriorROPS
(07/01/20 · 08/30/21) Bonds issued Bonds issued RPTTFand Comments on or before on or after Reserve Rent, grants, Non-Adm in 12/31/10 01/01/11 Balances retained interest, etc. andAdmin for future
period(s)
1 Beginning Available Cash Balance (Actual 07/01120)
RPTTF amount should exclude "A" period distribution
809 18,280 2,382,256 84,101 395,035
amount.
2 Revenue/Income (Actual 06/30/21) 2 70 5,546 2,878,640 RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
3 Expenditures for ROPS 20-21 Enforceable Obligations 48 490 2,382,256 55,799 3,187,257 (Actual 06/30/21) 4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
763 17,860 28,302 72,468
distributed as reserve for Mure period(s)
5 ROPS 20-21 RPTTF Prior Period Adjustment No entry required 13,950 RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/21) $-
C to F = (1 + 2 - 3 • 4), G • (1 + 2 • 3 • 4 • 5)
s. $- $5,548 $-
Item 1K - Page 13
Item#
3 1 I
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) -Notes July 1, 2023 through June 30, 2024
Notes/Comments
----.. ·········•························---.............. _ ........... ____ ................................. ____ --1 ................................ ,t ......................... ___ ·----·················---··----............................ _ ........................ .. . a .......................... ! .................................................................................. ·--····························· .. ··············-······························· ...................... ___ ·--················· .. ····· .. -·--- 9 :
33 [
·---······ ............................................ -.................................. . ................................ ; ................................................................................... __ ·--········· .. ··· ......... _ ....................... __ _ 44 I Reserve for September 1, 2024 Debt Service .................... t 62 i
---............................................................................................. . ................................ f······ ........... _ .................................................... ___ .......................................... __ . _______ ·•·•·••· .............................................. _ .......... ___ _ -TT~==rservetor Septembe,1. 2024 ::::ce _____ _ __ _ --........................... . ........................................................................................................... ·----····-··· ... ·····•• ................................................ _ ....... ___ ····•·•·· .. -· ........................................... ___ ··········--·· .......... . 73 i ................................ y .......................................................................................................... -................................ __ _ 7 4 i Reserve for September 1, 2024 Debt Service ................................ 75 76
!
i Reserve for September 1, 2024 Debt Service
-----..................................... __ _
·--............................................................................. __ Item 1K - Page 14
Resolution No. __
Pages

EXHIBITS
ADMINISTRATIVE EXPENSE BUDGET 23-24
The maximum amount of the allowable administrative budget for the Fiscal Year is $250,000, which is allocated to salaries and benefits as shown below:
40000 Salaries
41450 Telecommunication
41600 PERS Contribution
41700 Medicare Tax
41900 Fringe Benefits
41930 RHS Health Benefit
Total
175,896
258
47,418
2,551
23,619
258
$250,000
The maximum allowance for administrative costs does not cover the total of such costs incurred by the City to administer the winding down of the former Redevelopment Agency's operations.

Additional expenses not covered by the maximum allowance include additional salaries of personnel allocable to the Successor Agency, legal costs of the Successor Agency, costs to prepare and administer the ROPS and audit of the Successor Agency's financial statements, which total approximately $50,000. Such costs are paid by the General Fund. If any of the $250,000 allowance remains after payment of salaries, any amounts will be applied to such other additional administrative costs.

Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Palm Springs
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 1,905,950 $ 3,000 $ 1,908,950 B Bond Proceeds - - -
C Reserve Balance 1,903,404 - 1,903,404
D Other Funds 2,546 3,000 5,546
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 6,454 $ 2,655,288 $ 2,661,742 F RPTTF 6,454 2,405,288 2,411,742
G Administrative RPTTF - 250,000 250,000
H Current Period Enforceable Obligations (A+E) $ 1,912,404 $ 2,658,288 $ 4,570,692 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item 1K - Page 15
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024

A B C D E F G H I J K M N O Q T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Reserve
Balance
Other
Funds RPTTF Other
Funds RPTTF Admin
RPTTF
$33,784,813 $4,570,692 $1,903,404 $2,546 $6,454 $1,912,404 $3,000 $2,405,288 $250,000 $2,658,288 3 2007 Taxable Tax
Allocation Bonds,
Series B
Bonds
Issued On or
Before 12/
31/10
09/18/
2007
09/01/2034 US Bank Merged Project 1 Merged 1 1,958,810 N $173,278 130,444 - - $130,444 - 42,834 - $42,834 7 Contract
Services -
Financial
Fees 09/22/
2010
06/30/2024 Harrell &
Company
Advisors
Bonds Disclosure /Rating Merged
1/Merged
2 60,000 N $5,500 - - - $- - 5,500 - $5,500
8 Contract
Services -
Rebate
Calculation
Fees 06/04/
2010
06/30/2024 Willdan
Financial
Services
Bonds Rebate Consulting Services Merged
1/Merged
2 21,500 N $3,000 - - 3,000 $3,000 - - - $-
9 Bond Trustee
Fees
Fees 06/16/
2004
11/01/2034 US Bank Bonds Trustee Fees Merged
1/Merged
2 128,000 N $9,000 - 2,546 3,454 $6,000 3,000 - - $3,000 33 Administrative
Cost Allowance
Admin Costs 07/01/
2016
06/30/2034 City of
Palm
Springs
Overhead Cost Allocation/Salaries Merged1/
Merged 2
3,000,000 N $250,000 - - - $- - - 250,000 $250,000
44 2007 Taxable Tax
Allocation Bonds,
Series B
Reserves 09/18/
2007
09/01/2034 US Bank Reserve for September 1 Debt
Service
Merged 1 132,834 N $132,834 - - - $- - 132,834 - $132,834 62 2014
Subordinate Tax
Allocation Bonds
Refunding
Bonds
Issued After
6/27/12
08/19/
2014
09/01/2034 US Bank Refinancing of 2001 and 2004
Bonds
Merged1/
Merged 2
9,328,150 N $1,258,900 1,091,275 - - $1,091,275 - 167,625 - $167,625 66 2014
Subordinate Tax
Allocation Bonds
Reserves 08/19/
2014
09/01/2034 US Bank Reserve for September 1 Debt
Service
Merged1/
Merged 2
642,625 N $642,625 - - - $- -
642,625 - $642,625
70 LRPMP
Properties
Property
Maintenance
07/01/
2016
06/30/2024 City of
Palm
Springs
Maintenance Costs on Agency
Held Property Pending Disposition
Merged1/
Merged 2
2,000 N $- - - - $- - - - $-
71 LRPMP
Properties
Property
Dispositions
07/01/
2016
06/30/2024 Various
Vendors
Costs for Dispostion of Agency
Held Property - Appraisals,
Fencing, Closing Costs, Drafting
Sale Agreement
Merged1/
Merged 2
4,000 N $- - - - $- - - - $-
73 2017 Tax
Allocation
Refunding
Refunding
Bonds
Issued After
11/15/
2017
09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 1 12,215,350 N $525,450 313,225 - - $313,225 - 212,225 - $212,225 Item 1K - Page 16

A B C D E F G H I J K M N O Q T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Reserve
Balance
Other
Funds RPTTF Other
Funds RPTTF Admin
RPTTF
Bonds, Series A 6/27/12
74 2017 Tax
Allocation
Refunding
Bonds, Series A
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for September 1 Debt
Service
Merged 1 767,225 N $767,225 - - - $- - 767,225 - $767,225 75 2017 Taxable Tax
Allocation
Refunding
Bonds, Series B
Refunding
Bonds
Issued After
6/27/12
11/15/
2017
09/01/2034 US Bank Refinancing 2007 Series A Bonds Merged 2 5,154,609 N $433,170 368,460 - - $368,460 - 64,710 - $64,710 76 2017 Taxable Tax
Allocation
Refunding
Bonds, Series B
Reserves 11/15/
2017
09/01/2034 US Bank Reserve for September 1 Debt
Service
Merged 2 369,710 N $369,710 - - - $- - 369,710 -
$369,710
Item 1K - Page 17
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
809 18,280 2,382,256 84,101 395,035
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
2 70 5,546 2,878,640
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
48 490 2,382,256 55,799 3,187,257
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
763 17,860 28,302 72,468
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required 13,950
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $5,546 $-
Item 1K - Page 18
Palm Springs
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
3 7
8 9
33 44 Reserve for September 1, 2024 Debt Service
62 66 Reserve for September 1, 2024 Debt Service
70 71
73 74 Reserve for September 1, 2024 Debt Service
75 76 Reserve for September 1, 2024 Debt Service
Item 1K - Page 19

CITY COUNCIL STAFF REPORT
01/12/2023
SUBJECT:

APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER
TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION MODULES FOR $256,531 AND ADJUSTING THE FIVE-YEAR CONTRACT TOTAL TO $3,842,497
RECOMMENDATION:

Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add payroll, HR, and budget preparation modules for $256,531, including implementation costs, adjusting the five-year contract total to $3,842,497.

1. Approve a contingency of $18,900 for unanticipated implementation costs.2.

Appropriate $256,531 from Capital Projects fund balance.3.

Attachments
Item 1L

CITY COUNCIL STAFF REPORT

DATE: JANUARY 12, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET
PREPARATION MODULES FOR $256,531 AND ADJUSTING THE FIVE- YEAR CONTRACT TOTAL TO $3,842,497

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will amend Agreement A8503 with Tyler Technologies, Inc. to add the payroll, HR, and budget preparation modules for the remaining term of the existing five -year contract.

RECOMMENDATION:

1) Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add payroll, HR, and budget preparation modules for $256,531, including implementation costs, adjusting the five-year contract total to $3,842,497. 2) Approve a contingency of $18,900 for unanticipated implementation costs. 3) Appropriate $256,531 from Capital Projects fund balance.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Tyler Technologies, Inc. is included as Attachment A.

BACKGROUND:

HR/Payroll
The City previously utilized High Line’s E- Personality Payroll and Human Resources Information System (HRIS) for many years. In 2018, NeoGov acquired the company and made the decision to phase out the old system and migrate existing customers to a new platform. Staff reviewed the new solution and determined at that time that the proposed system would provide necessary increases in both technology and services.

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City Council Staff Report
January 12, 2023-- Page 2
Approve Amendment – Tyler Technologies

Council approved the acquisition of the Neo Gov HRIS platform in 2019 to centralize the separate Human Resources (HR) and Payroll systems into a single integrated solution.

The goal of the transition was to utilize one application for time and attendance, core HR and payroll, providing enhanced productivity, programs, and services. Staff began converting from the legacy system to the new platform shortly after the acquisition was approved.

During the subsequent three years , staff has spent considerable time and effort implementing a unified system. Unfortunately, the system has not worked as anticipated; some modules have never completely functioned, and other critical systems do not operate consistently and accurately. This has led to additional staff time and effort just to process routine payroll, personnel actions, and other core aspects of the system.

After years of working with the solution, in 2021 it became apparent that NeoGov was not the appropriate tool for the City. The system was in a workable state, but problems kept arising with no viable resolutions and staff continues to spend inordinate amounts of time on simple processes.

Budget Preparation

Staff has historically completed budget book preparation and publishing using a manual process. Finance staff create spreadsheets based on current financial information in the City’s Enterprise Resource Planning (ERP) software from Tyler Technologies. Thes e documents are then sent to departments to update with projections and requests for the next fiscal year. After the departments update the spreadsheets, they return the documents to Finance.

As revisions occur during the budget creation process, the documents are updated to reflect changes, sometimes sent back to departments, and then compiled again by the Finance Department. Finance staff then creates a master view for internal review, and then ultimately submits to City Council for discussion and approval. Finally, when the budget is adopted, the document is updated one last time with final changes and then posted to the City’s website. The manual process of updating disconnected spreadsheets and compiling the results is time consuming and prone to human error.

STAFF ANALYSIS:

HR/Payroll

In early 2022, staff began researching alternatives for core HR and Payroll services with the City’s current ERP software vendor Tyler Munis for a fully integrated solution. The Tyler Human Capital Management (HCM) solution ties directly into the existing financial system to bring a real -time view into City operations . HCM includes proven Payroll and HR Management functions for full-service California cit ies. The Tyler solution also includes advanced electronic scheduling that will allow staff to move away from processing paper time sheets.

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City Council Staff Report
January 12, 2023-- Page 3
Approve Amendment – Tyler Technologies

After an initial review by Information Technology, staff gathered the relevant stakeholders (Finance, Human Resources, Information Technology) and began reviewing the potential solution. A demonstration of the product was viewed by all stakeholders , showing functionality required by the City for effective and efficient payroll and HR functions. The demonstration included Core HR functions, benefits, leave tracking, personnel actions, time sheets, leave requests, payroll processing, CalPERS reporting, and myriad of other HR and payroll functions. A follow- up demonstration was attended by P ayroll to ensure that the system would meet all the City’s diverse payroll requirements. Staff was impressed with the demonstrations, as the potential solution solved all current issues while providing considerably more functionality.

Staff proceeded to work with representatives from all departments to review the timekeeping software component. Staff set up three additional demonstrations for departments to review the functionality and ensure their operational needs were met.

Most departments were satisf ied with the proposed solution, however P olice and Fire required additional functionality that was above and beyond what the Tyler solution provided. Police and Fire will use separate timekeeping software, but their solutions will fully integrate into the Tyler Munis solution to provide a unified solution.

The City is currently in a five-year agreement with Tyler that was initiated in March 2020 totaling $3,585,966. This agreement can be amended to add the costs of the HCM modules and implementation. Upon contract execution , s taff expects to begin the implementation process in March 2023. The costs for the HCM module can be split up into multiple components.

Below is a summary of the recurring licensing costs that total $28,725 per year excluding prorations and discounts. Details can be found in Attachment B. FY 22/23 represents four months of licensing, and FY 23/24 a full twelve months. Since work on the timekeeping portion of the project will not commence until approximately October of 2023, staff was able to delay some of the recurring licensing costs.

FY 22/23 FY 23/24 FY 24/25 Total

License and Support $9,566 $28,725 $21,544 $59,835
Prorated Timekeeping $(4,560) $(5,700) $ - $(10,260)

Contract Add $5,006 $23,025 $21,544 $49,575

The City currently pays NeoG ov $51,135 per year for payroll and HR functionality .

Migrating to the new solution will result in recurring savings of $22,410 each year after the full implementation is complete.

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City Council Staff Report
January 12, 2023-- Page 4
Approve Amendment – Tyler Technologies

One-time implementation costs are considerable for a project of this scope , and the implementation will take between twelve and eighteen months. The cost of the services provided by Tyler Technologies to implement the solution through a combination of on- site and remote implementation is estimated to be $135,000 including travel (Attachment B). Due to the complexity of this project, staff is also requesting a 15% contingency of non-travel implementation costs ($18,900) for unanticipated additional implementation charges.

Contract License Add $ 49,575
Implementation Services $ 135,000
15% Contingency $ 18,900
$ 203,475

Staff recommends amending agreement A8503 with Tyler Technologies to add Payroll and HR licensing and professional services for the remaining term at $203,475.

Budget Preparation:

Staff began researching solutions to automate the budget process through an integrated solution within Tyler Technologies. Tyler has a product called Pattern Stream which connects directly into the City’s ERP , providing template documents and allows for the automatic and integrated creation of budget documents and a final budget book. The system is designed so that after following implementation, the budget document can be easily published without duplicative manual processes.

Each department will be provided draft budgets in the ERP and will be able to update their projections and requests into a centralized system. The system can then push the draft to the Finance Department and other stakeholders for review, and the process can be repeated as many times as necessary. To create draft documents for Council review, or to publish the final budget book, a simplified process is available, and the most current approved data is published into a final product.

Implementation cost for Pattern Stream is $12,800. The annual cost for Pattern Stream is $ 20,128 per year . Staff recommends amending agreement A8503 with Tyler Technologies to add Pattern Stream for budget preparation with implementation licensing fees for the remaining term of the contract at $53,056.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does Item 1L - Page 4
City Council Staff Report
January 12, 2023-- Page 5
Approve Amendment – Tyler Technologies

not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT
:

Funds in the amount of $256,531 are available in the Capital Projects fund balance.

REVIEWED BY:

Department Director: Larry Klingaman
Assistant Finance Director: Kristopher J. Mooney
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Business Disclosure Form
B. Renewal Quote
Item 1L - Page 5

ATTACHMENT A

Item 1L - Page 6
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM