Agenda packet — Palm Springs City Council, March 9, 2023 (part 1 of 4)

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.

MARCH 9, 2023

3:30 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

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Zoom): 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) March 9, 2023 City Council Regular Meeting Agenda 2
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and 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.

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

By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

2. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

3. B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of February 21, 2023.

C. APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT
RECOMMENDATION:

Approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract.

D. APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE March 9, 2023 City Council Regular Meeting Agenda 3
D. APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM
SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807 RECOMMENDATION:

Approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807.

E. RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY OF

INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION RECOMMENDATION:

Appoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027.

1. Appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023, for a term ending April 1, 2026.

2. F. APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND

ESCALATOR MAINTENANCE FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve Cooperative Contract Agreement 23C004 with TK Elevator Corporation to provide elevator and escalator maintenance services in accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, in an amount not to exceed $84,600 for the initial three-year term beginning on the date provided in the Notice to Proceed, with two one-year extension options at the City’s sole discretion.

1. Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance.

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

March 9, 2023 City Council Regular Meeting Agenda 4

G. APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990 TAHQUITZ CANYON WAY LP
RECOMMENDATION:

Approve Amendment No. 1 to the Regulatory Agreement and Declaration of Covenants and Restrictions between the Successor Agency to the Palm Springs Community Redevelopment Agency and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.

1. Approve Amendment No. 3 to the Regulatory Agreement and Declaration of Restrictive Covenants between the Housing Authority of the City of Palm Springs, a housing authority of the State of California duly organized and existing under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.

2. Authorize the City Manager, or designee, to execute the Amendments, including making minor, non-substantive changes, and to sign all documents necessary.

3. H. ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD

FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH THE

COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER
RECOMMENDATION:

Approve the acceptance of a 2022 Emergency Management Performance Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $13,062.

1. Authorize the 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.

March 9, 2023 City Council Regular Meeting Agenda 5

2. PUBLIC HEARINGS:

A. CONDUCT A TEFRA (TAX AND EQUITY FISCAL RESPONSIBILITY ACT)

HEARING FOR THE PROPOSED ISSUANCE OF REVENUE BONDS BY THE

CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) IN AN AMOUNT NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF ASSISTING COMMUNITY

PRESERVATION PARTNERS LLC ACQUIRE AND REHABILITATE
SUNNYVIEW VILLAS AT 2900-2950 NORTH INDIAN CANYON DRIVE RECOMMENDATION:

Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ISSUANCE OF

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY MULTIFAMILY

HOUSING REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF FINANCING OR

REFINANCING THE ACQUISITION, REHABILITATION, IMPROVEMENT,

AND EQUIPPING OF SUNNYVIEW VILLA AND CERTAIN OTHER
MATTERS RELATING THERETO."

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

B. A REQUEST BY RIOS, ON BEHALF OF OLD LAS PALMAS PARTNERS, LLC,

FOR THE APPROVAL OF A CHANGE OF ZONE APPLICATION TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF CBD (‘CENTRAL BUSINESS DISTRICT’) AND R-2 (‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’) TO C-1 (‘RETAIL BUSINESS’) FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A
5,411-SQUARE-FOOT COMMERCIAL SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575 NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10 (CASE 5.1541 CZ)
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Close the public hearing, introduce and waive further reading of an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1541 CZ, CHANGE OF

ZONE, TO AMEND THE CURRENT SPLIT ZONE DESIGNATIONS OF
‘CENTRAL BUSINESS DISTRICT’ (CBD) AND ‘LIMITED MULTIPLE-FAMILY RESIDENTIAL’ (R-2) TO ‘RETAIL BUSINESS’ (C-1) ENTIRELY FOR A PROPOSED MIXED-USE PROJECT WHICH INCLUDES 24 RESIDENTIAL CONDOMINIUM UNITS AND A 5.411-SQUARE-FOOT COMMERCIAL
SPACE ON 2.4-ACRE UNDEVELOPED PARCELS LOCATED AT 575
NORTH PALM CANYON DRIVE, ZONE CBD/R-2, SECTION 10.”

2. March 9, 2023 City Council Regular Meeting Agenda 6

3. BUSINESS & LEGISLATIVE:

A. FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM SPRING
RECOMMENDATION:

Receive and file the following Financial Audit Reports for the fiscal year June 30, 2022:

Annual Comprehensive Financial Report (ACFR)
Audit Communication Letter to the City Council
Passenger Facility Charge (PFC) Report
Housing Successor Audit Communication Letter to the City Council Public Financing Authority Financial Statements
Measure J Fund Report Annual Financial Report
Measure D Independent Accountant’s Agreed Upon Procedures Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)

B. COUNCIL REQUEST FOR REVIEW OF A DECISION BY THE PUBLIC ARTS

COMMISSION TO DENY AN APPLICATION BY DESERT PEAK ENERGY AND WINTEC ENERGY, LTD, FOR REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS FOR A PUBLIC ART PROJECT TO BE LOCATED AT 62950 20TH AVENUE; AND A REQUEST FOR WAIVERS OF THE ART PLACEMENT

REQUIREMENT AND REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS MUNICIPAL CODE CHAPTER 3.37.

RECOMMENDATION:

Consider the application request and review all applicable testimony.1.

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

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE
REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS TO DESERT

PEAK ENERGY AND WINTEC ENERGY, LTD, FOR A PUBLIC ART
PROJECT LOCATED AT 62950 20TH AVENUE; AND APPROVAL OF

WAIVERS OF THE ART PLACEMENT REQUIREMENT AND

REIMBURSEMENT PROCESS AS CONTAINED IN PALM SPRINGS
MUNICIPAL CODE CHAPTER 3.37.”

2. March 9, 2023 City Council Regular Meeting Agenda 7

C. REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION; AND AMENDMENTS TO CHAPTER

6.15 RELATING TO THE REGULATION OF MOBILE FOOD VENDING VEHICLES RECOMMENDATION:

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

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE

PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946; AN AMENDMENT TO CHAPTER 5.48 RELATIVE TO COMMERCIAL
SOLICITATION; AND AMENDMENTS TO CHAPTER 6.15 RELATIVE TO MOBILE FOOD VENDING VEHICLES.”

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

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

ADJOURNMENT:

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 Friday, March 3, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk
March 9, 2023 City Council Regular Meeting Agenda 8

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.

March 9, 2023 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2023-03-09 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, March 9, 2023 – 3:30 p.m.

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

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

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

EXISTING LITIGATION G.C. § 54956.9(d)(1)

Committee to Relocate Marilyn v. City of Palm Springs, PS Resorts, Riv. Sup. Ct., Case No.

CVRI2101435 (4
th Appellate District Division 2, Case No. E077773 & E076921)

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, in the opinion of the City C ouncil on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Jesus Magana, Claim # 22-0938, dated August 30, 2022

INITIATION OF LITIGATION GC.§ 54956.9(d)(4)

Under existing facts and circumstances, there is one (1) matter the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATORS G.C. § 54957.6

City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel

Closed Session Agenda
March 9, 2023

Page 2 ends

Employee organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

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

By motion, find that:

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: March 9, 2023 CONSENT CALENDAR
SUBJECT: F INDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Teresa Gallavan, Interim City Manager
BY: Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

1. The City Council has reconsidered the circumstances of the state of emergency.

Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

2. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e) (2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

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.

AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City Council, Boards, and Commissions) to conduct remote meetings provided the legislative body makes specified findings on a regular basis . S ection 54953(e)(3) authorizes the City Council and its subordinate bodies to continue to conduct remote and/or hybrid public meetings, provided the procedural requirements of AB 361 are met.

In order to continue meeting by remote teleconferencing, a required condition is that the City Council find that state or local officials have imposed or recommended measures to promote social (physical) distancing, and that the legislative body continues to make Item 1A - 1
certain findings by majority vote at least every 30 days.

Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205 recommend physical distancing in the workplace as precautions against the spread of COVID-19 and imposes certain restrictions and requirements due to a “close contact” which occurs when individuals are within six feet of another in certain circumstances .

And, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirmed case of COVID-19.

Under AB 361, teleconferenced meetings must meet the following requirements:
• All votes taken during a teleconferenced meeting must be by rollcall. • Whenever notice of the time of the meeting is given or the agenda for the meeting is posted, the legislative body must also provide notice of the means by which members of the public can access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a call- in option or an internet-based service option.
• In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body cannot take any further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. • The legislative body can not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
• An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. • With regard to public comments:
• A legislative body that provides a timed public comment period for each agenda item cannot close the public comment period for the agenda item, or the opportunity to register, to provide public comment until that timed public comment period has elapsed.
• A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, must allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register/log on, or otherwise be recognized for the purpose of providing public comment. • A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item can not close the public comment period or the opportunity to register/log on, until the timed general public comment period has elapsed.

Item 1A - 2
Ci
ty Council Staff Report
March 9, 2023 -- Page 2 Virtual
Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallvan
Item 1A - 3

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of February 21, 2023.

Attachments
Item 1B
Thursday, February 21, 2023
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 Garner on Thursday, February 21, 2023, at 5:33 p.m.

PLEDGE OF ALLEGIANCE:

Ashton Harris Jr. He is 9 years old and in the 3rd Grade at Cahuilla Elementary School. He is on the Yucca Valley 3rd-4th grade Basketball Team, jiu jitsu, and the robotics club. He enjoys art, hikes, and Minecraft.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Ryan Guiboa, Assistant City Attorney; Brenda Pree, City Clerk and Brent Rasi, 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:

Chief Mills gave an update on the homeless situation around Ramon Rd. and Crossley Rd.

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1J removed for further discussion.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of February 21, 2023, was called to order by Mayor Garner at 3:32 p.m.,
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action.

Item 1B - Page 1
City Council Minutes February 21, 2023

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1):

City of Palm Springs v. Desert Community College District, Riv. Sup. Ct., No. CVPS2203916

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

Four (4) 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.

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

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 is one (1) matter 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: APN #504-030- 012, approx. 6.91 acres located in Desert Palisades
City Negotiator: Teresa Gallavan, Interim City Manager; Flinn Fagg, Deputy City Manager

Negotiating Parties: Pinnacle View, LLC

Under Negotiation: Price and Terms of transfer

Property: 119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Rd.

City Negotiator: Teresa Gallavan, Interim City Manager

Negotiating Parties: Chief Planning and Development Officer, Agua Caliente Band of Cahuilla Indians

Under Negotiation: Price and Terms of Payment (Lease)
Item 1B - Page 2
City Council Minutes February 21, 2023

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

PUBLIC COMMENT:

Michael Horne
Ed McBride
David Sidley
Rebecca Olarte
Purvi Doshi
Todd Webster
Jennifer Broxmeyer
Eric Englund
Michael Hirschbein
Robert Feferman
Jane Englund (was not in the zoom room)
Don Cecil
Nanci Morrison

1. CONSENT CALENDAR:

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the consent calendar with 1J being removed for further discussion.

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

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, 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 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:

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, February 09, 2023.

C. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE

DEPARTMENT RADIOS AND INSTALLATION SERVICES

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and Item 1B - Page 3
City Council Minutes February 21, 2023

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

installation services for the City of Palm Springs Fire Department in an amount not t o exceed $149,926.59.

D. APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract.

E. ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581 AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accept a grant award from the California State Library in the amount of $99,581 and appropriate to Information Technology Department Account 1001025-40105. Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract.

F. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND
AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17.

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21-17.

G. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO . 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN
ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL

GEOTECHNICAL SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5 -0 to award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO -5282(017), City Project No. 01 -11. Delegate authority to the City Manager or designee to approve and execute construction contract change orders Item 1B - Page 4
City Council Minutes February 21, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

up to a total amount of $4,025,392 (10%), with all change orders reported to the City Council. Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $4,126,517.54, for construction management, inspection, and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11. Approve Amendment No. 3, in the amount of $83,630, to Professional Services Agreement No. 7228, for a new not-to-exceed amount of $305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11. Authorize the City Manager to execute all necessary documents.

H. APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE

SUNUP ROTARY CHALK ART FESTIVAL

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNC ILMEMBER DEHARTE, CARRIED 5-0 to approve use of P ublic Art Funds in the amount of $3,000 for the Sunup Rotary Chalk Art Festival.

I. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION

TO BID WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING BEDS, CITY PROJECT 21-05

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to a ccept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05.

J. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES

MOTION BY COUNCILME MBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF

THE PALM SPRINGS MUNICIPAL CODE RELATING TO ADUL T-ORIENTED BUSINESS REGULATIONS.”

K. APPROVAL OF AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt a Resolution No. 25090 entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022 - 2023, ADOPTED BY RESOLUTION NO. 25033.”
Item 1B - Page 5
City Council Minutes February 21, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2023.

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to receive and file the report for Staff Authorized Agreements and Purchase Orders for the period Of January 1 Through January 31, 2023.

M. APPROVE AN APPROPRIATION OF $392,000 FROM THE GENERAL FUND

BALANCE TO THE BUILDING & SAFETY DEPARTMENT FOR

CONTRACTUAL SERVICES

MOTION BY COUNCILME MBER HOLSTEGE, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve an appropriation of $392,000 from the General Fund Balance to the Building & Safety Department for contractual services.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE, (MASTER APN #512-120-070), CASE HSPB #140

Public Speakers for Public Hearing – Philip Parks, John Klingenmeier, Peter Moruzzi, Lisa Vicino, Ron Marshall, Kyle Gunderson, Pamela Hannah, Steve Vaught, Ash Lettow, Meaghan Gaffney-Howe, and Sharon Siegel.

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER MIDDLETON, PASSED 3-2 (DEHARTE AND GARNER) to adopt a Resolution No. 25091 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DESIGNATING THE VILLA ROMA GARDEN HOMES LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE AS A HISTORIC DISTRICT “HD-9” / CASE HSPB 140 SUBJECT TO CONDITIONS (MASTER APN 512 -120- 070).”

B. DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE

TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300- SQUARE FOOT MIXED USE BUILDING (MULTI- FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45

FOR-SALE RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL
LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)

Item 1B - Page 6
City Council Minutes February 21, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 4-0-1 (BERNSTEIN RECUSED) to adopt a Resolution No. 25092 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A one-year EXTENSION OF TIME FOR CASE NO. TTM 37935; A tentative tract map for a one -lot subdivision for condominium purposes (45 RES IDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM

SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY.”

C. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE

CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS

COVENANT BETWEEN THE CITY OF PALM SPRINGS AND BELL LOFTS,

LLC, A CALIFORNIA LIMITED COMPANY (DBA DESCANSO RESORT)

PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM

MOTION BY MAYOR PRO TEM BERNSTEIN , SECOND BY COUNCILMEMBER DEHARTE, PASSED 5-0 to approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista.

***RECESS FROM 7:16 PM TO 7:25PM***

3. BUSINESS & LEGISLATIVE:

A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID- 19 EMERGENCY,
EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD- PARTY

FOOD DELIVERY FEES AND TELECONFERENCING

MOTION BY MAYOR GARNER , SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25093 entitled, “A RESOLUTION OF THE

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

THE TERMINATION OF THE EXISTENCE OF A LOCAL EMERGENCY (NOVEL CORONAVIRUS “COVID-19”) DECLARED MARCH 14, 2020; AND RESCINDING RESOLUTION NO. 24738.”, Continue with AB361. Come back with an Ordinance in 90 days from the City Attorney. City attorney’s office to keep them updated.

B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023 –2024 ANNUAL

ACTION PLAN AND BUDGET DISCUSSION

City Council provided staff with recommendations for the CDBG Annual Action Plan and Budget for 2023-2024 fiscal year.

C. APPROVAL OF SCOPE OF WORK AND AUTHORIZE REQUEST FOR

QUALIFICATIONS (RFQ) FOR ARCHITECTURE AND DESIGN SERVICES FOR Item 1B - Page 7
City Council Minutes February 21, 2023

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

THE PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECTS 16-08 AND 19-18

MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, PASSED 5-0; for staff to approve the additional unfunded Scope of Work to be included in the RFQ and authorize Staff to advertise and solicit through an RFQ process for the Palm Springs Public Library renovation project, City Projects 16-08 and 19-18.

D. GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2022-23

BUDGET UPDATE

Budget update was given by Kristopher Mooney, Assistant Director of Finance; Joel Montalvo, City Engineer; and Victoria Carpenter, Airport Administration Manager. Item was received and filed by City Council.

E. DISCUSSION REGARDING REGULATORY APPROACH TO MANAGED CO -

OWNED PROPERTIES (PACASO)

Discussion amongst Council and City Attorney in regard to the rules and regulations of this potential Co-Owned property. The representative from PACASO was also present and answered questions from City Council Members. Staff was given recom mendations by City Council and advised to bring this item back at a later date.

PUBLIC COMMENT: None.

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, February 21, 2023, at 10:12 PM.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1B - Page 8

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT
RECOMMENDATION:

Approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 CONSENT CALENDAR

SUBJECT: APPROVE THE PURCHASE OF CORE SWITCHES FROM AMS.NET

WITH FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will approve the purchase of core switches from AMS.NET with five years of subscriptions and support.

RECOMMENDATION:

1) Approve the purchase of four core switches with five years of subscriptions and support from AMS.NET for $126,400 based on a cooperative contract (Attachment A).

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for AMS.Net is included as Attachment B.

BACKGROUND:

The network infrastructure currently deployed across the organization has equipment that is out of support and is at risk of failure, with multiple points lacking redundancy. In the event of a critical failure, business operations are interrupted, and service levels decline causing impacts to employees, customers, and constituents.

STAFF ANALYSIS:

Staff is currently in the process of refreshing the entire City network and is ready to replace the core switches in two of our data centers. Core switches are key pieces of an enterprise network that most data move through. They serve as aggregation points for network traffic, and as such should be completely redundant.

Staff has standardized Cisco network equipment and worked with a partner to determine the proper requirements based on our current and future network needs . T he Cisco Item 1C - Page 1
City Council Staff Report
March 9, 2023 - Page 2
Approve Purchase of Core Switches – AMS.Net

Catalyst 9500 series was selected as our core switch due to the speed, capacity, management, and interoperability. Staff worked with the vendor to determine the correct models of the Cisco product catalog that would best serve the current and future needs of the City based on usage. Staff also worked with the partner to determine the correct Cisco DNA subscription service level. DNA subscriptions allow for remote management, centralized deployment, and other custom software additions to the equipment.

Staff received quotes from four authorized resellers based on nationally negotiated cooperative contracts. AMS.Net responded with the lowest quote based on the NASPO Value Point Cooperative Contract: 7-20-70-47-01 as allowed by Title 7.09.010 of the Municipal Code.

Staff is recommending approval to purchase core switches with five years of subscriptions, maintenance, and support with AMS .Net for $126,400.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A – Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 5701025 - 60005.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Quote
B. Business Disclosure Form
Item 1C - Page 2

ATTACHMENT A

Item 1C - Page 3
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Page 1 of 4 ends

Customer Price Quote
Customer Quote # #Q-00066743
Project # 98493
Modified 2/17/2023
Account Mgr. Thomas Vasconi
City of Palm Springs
3200 E Tahquitz Canyon
Way
Palm Springs CA, 92262-6959 US
ATTN: Larry Klingaman
AM Phone (925) 245-6128
Ship To AM Email [email protected]
Inside
Account Mgr. Ken Falconitin
IAM Phone (925) 245-6119
City of Palm Springs
3200 E Tahquitz Canyon
Way
Palm Springs, CA 92262-6959
ATTN: Larry Klingaman
IAM Email [email protected]
Quote Description Quote Exp. 2/28/2023
City Hall - Cat 9500 - NASPO- (Advanced)
Cisco NASPO – 7-20-70-47-01 (State of Utah AR-3227)
Expires- 9/30/2024
Line Item
Description Manufacturer Qty Unit Price Extended Price
C9500-48Y4C-A

1 C9500-48Y4C-A
Catalyst 9500 48-port x 1/10/25G + 4-port 40/100G,
Advantage
Cisco Systems Inc. 4.00 $11,741.44 $46,965.76

2 CON-SNT-C9504YA4
SNTC-8X5XNBD
Catalyst 9500 48-port 25/100G only,
Adva
** Annual smartnet Term: 5 years prepaid
Cisco Systems Inc. 20.00 $1,559.52 $31,190.40

3 C9500-NW-A
C9500
Network Stack, Advantage
Cisco Systems Inc. 4.00 $0.00 $0.00

4 C9K-T1-FANTRAY
Catalyst 9500 Type 4 front to back cooling
Fan
Cisco Systems Inc. 8.00 $0.00 $0.00

5 C9500-SSD-NONE
No SSD Card Selected
Cisco Systems Inc. 4.00 $0.00 $0.00

6 C9K-F1-SSD-BLANK
Cisco pluggable
SSD storage
Cisco Systems Inc. 4.00 $0.00 $0.00

7 SC9500HUK9-176
Cisco Catalyst 9500H
XE.17.6 UNIVERSAL
Cisco Systems Inc. 4.00 $0.00 $0.00
Item 1C - Page 4
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Page 2 of 4 ends

Order Summary
Subtotal $121,652.28
Adjustment $0.00
Estimated Taxes $4,748.36
Total $126,400.64
8 C9K-PWR-650WAC-R
650W AC Config 4 Power Supply front to back cooling
Cisco Systems Inc. 4.00 $0.00 $0.00
9 C9K-PWR-650WAC-R/2
650W AC Config 4 Power Supply front to back cooling
Cisco Systems Inc. 4.00 $1,091.93 $4,367.72
10 CAB-9K12A-NA
Power Cord, 125VAC 13A NEMA 5-15 Plug, North
America
Cisco Systems Inc. 8.00 $0.00 $0.00
11 C9500-DNA-48Y4C-A
C9500
DNA Advantage, Term License
Cisco Systems Inc. 4.00 $0.00 $0.00
12 C9500-DNA-A-5Y
DNA Advantage
5 Year License
Cisco Systems Inc. 4.00 $9,782.10 $39,128.40

13 PI-LFAS-T
Prime Infrastructure Lifecycle & Assurance Term - Smart Lic
Cisco Systems Inc. 12.00 $0.00 $0.00

14 PI-LFAS-AP-T-5Y
PI Dev Lic for Lifecycle & Assurance Term 5Y
Cisco Systems Inc. 12.00 $0.00 $0.00

15 NETWORK-PNP-LIC
Network Plug-n-Play
Connect for zero-touch device
deployment
Cisco Systems Inc. 4.00 $0.00 $0.00

AMS FREIGHT
16 AMS-FREIGHT-DROPSHIP
Freight
None 1.00 $0.00 $0.00
Item 1C - Page 5
········ AMS NET ........ -::.'.· .. \!/_::• • . . ··.;::.~u:· Technology Solution Provider I I
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Page 3 of 4 ends

Terms and Conditions

1. AMS.NET will require a Purchase Order referencing this Quote # or if a Purchase order is not provided, an authorized representative must sign this quote.

2. Payment terms are Net 30. An interest charge of 1.5% per month will be applied
to all accounts past due, plus all costs of
collection and reasonable attorneys fees. AMS.NET accepts all major credit cards. A convenience fee of 3.5% will be assessed.

Customer agrees to accept multiple invoices for projects that cover multiple sales. In the event that a site's readiness is delayed by the customer, customer agrees to accept and pay invoices that reflect equipment and services already received.

3. Items sold by AMS.NET, Inc. and shipped to destinations in California
are subject to sales tax. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an order will generally include shipping and handling charges and item- level discounts. The amount of tax charged on your order will depend upon many factors including, but not limited to, the type of item(s) purchased, and the source and destination of the shipment. Factors can change between the time you place an order and the time an invoice is sent, which could affect the calculation of sales taxes. The amount appearing on your proposal as ‘Estimated Sales Tax’ may differ from the sales taxes ultimately charged. Shipping charges and sales tax will be added to this order when invoiced and the customer agrees to pay these charges.

4. All companies with tax exemption must present a valid Tax Exempt form. If
Customer is tax exempt or if tax exempt form is
not provided then customer agrees to pay all applicable taxes.

5. All shipments are FOB Origin or Pre-paid and shipped to Dock. Any Special
shipping requirements must be clearly stated
on all PO's (i.e. inside delivery). If inside Delivery or Lift-gate is required it must be specified and additional fees will incur.

Shipping charges that appear on this quote are an estimate, AMS.NET will invoice and the customer will pay the actual shipping charge when identified.

6. Upon delivery of equipment, customer agrees to open all shipments and visually
inspect equipment for physical damages.

All damages must be reported to AMS.NET within 24 hours of delivery.

7. Returns will be accepted at AMS.NET discretion and are subject to manufacturer returns policies
as well. For returns to be
approved all merchandise must be in an unopened box and the customer agrees to pay a restocking fee of 15% of the purchase price. Returns must be made within 15 Days of receipt. All shipments must have a valid RMA number from AMS.NET
before returning. For RMA requests please contact our
Customer Service Department at (800) 893-3660 Ext. 6111.

Email RMA requests should be directed to [email protected] A copy of AMS.NET’s full RMA policy is available for review online
at www.ams.net/services/procurement-and-financing/

8. The laws of the State of California will apply to this sale.

9. The term "installation date" means the first business day on which installation
of the system is complete. Minor omissions or
variances in performance of the System that do not materially or adversely affect the operation of the system, shall not be deemed to have postponed the Installation Date. Seller shall use its best efforts to make timely delivery and installation. However, all stated delivery and installation dates are approximate and except as expressly provided in this agreement, Seller shall, under no circumstance, be deemed to be in default hereunder or be liable for consequential, incidental or special damages or commercial loss resulting from delays in delivery or installation.

10. Warranties. AMS warrants to Customer that it has good title to the equipment
being sold to Customer under this Agreement,
and the right to sell such equipment to Customer free of liens or encumbrances. AMS further warrants to Customer that the equipment being sold to Customer hereunder shall be free from defects in workmanship for a warranty period of thirty (30) days commencing on the later date the equipment is delivered to Customer or the date upon which AMS completes performance of the services to be performed under this agreement (this warranty being hereinafter referred to as an "Installation Warranty"). Except as expressly set forth in this paragraph, AMS does not make, and hereby disclaims, any and all
representations or warranties, express or implied, with respect to the equipment or services being provided under this agreement, including but not limited to any implied warranties of
merchantability, fitness for a particular purpose, satisfactory quality, against infringement, or arising from a course of dealing, usage or trade practice. AMS shall reasonably cooperate and assist Customer in enforcing any manufacturer warranties with respect to the equipment being sold to Customer under this Agreement. AMS hereby advises Customer, and Customer
acknowledges that in the event Customer desires to procure from AMS any warranty protection beyond the warranty of title and the Installation Warranty provided under this Paragraph, Customer may do so by entering into a separate Service
Agreement with AMS.

Manufacturer's warranty that is guaranteed
is whatever is
published by the manufacturer at the time of purchase.

11. Cisco Cloud services purchased from AMS.NET requires customer to accept Cisco’s
Universal Cloud agreement located
on Cisco Systems’ Website. This Universal Cloud Agreement describes the rights and responsibilities related to the Cloud Service(s) you purchase from Cisco or an Approved Source and is between you and Cisco. The Universal Cloud Agreement includes the applicable Offer Description(s) located at www.cisco.com/go/cloudterms (collectively “Agreement”). By clicking ‘accept,’ or using the Cloud Service, you agree to the terms of this Agreement. If you do not have authority to enter into this Agreement, or if you do not agree with its terms, do not click ‘accept’ and do not use the Cloud Service. If you determine that you cannot comply with the terms of this Agreement after you have paid for the Cloud Service, you may terminate your Item 1C - Page 6
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Page 4 of 4 ends

access to the Cloud Service for a full refund provided you do so within thirty (30) days of your purchase.

12. The final price of all labor in this quote is contingent upon the customer providing AMS.NET full site access, with keys or a dedicated escort, for a period of at least nine consecutive hours per working day. Any existing pathway being pulled through is assumed to be easily discoverable, and meeting BICSI
standards, such as the fill ratio, lack of non-cabling material in the conduit, and appropriate number of LBs. Additionally, any interior wall penetrations are assumed to be drywall or a like material unless otherwise noted in the labor scope for this project. Any deviation from these assumptions may result in additional costs to the customer based on the time added to the project.

AMS.NET Tax ID: 94-3291626
C7 License: 763508
Please fax signed
Quotation or Purchase Order to your
AMS.NET account manager
or to 925.245.6150. Full terms and
conditions can be viewed on our website at
www.ams.net/services/procurement-and-financing/
Authorized Signature: Date:

Print Name: Print Title:

Item 1C - Page 7
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider

ATTACHMENT B

Item 1C - Page 8
Item 1C - Page 9

1. Name
of
Entity
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM

2. Address
of
Entity
(Principle
Place
of
Business)

3. 4.
ntity
is
Registered
with
Secretary
of
State
~~
If
other
than
California,
is
the
Entity
also
registered
in
California?
F
Yes
F
No

5. Type
of
Entity
(
Corpor
~
imited
Liability
Company
F
Partnership
F
Trust
F
Other
(please
specify)

6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
[name]
Director
F
Member
:HVlanager
F
General
Partner
F
Limited
Partner
F
Other
______
______
_
---=::'i
~
~~~~
-
-P--1---.LJ.t.~~t:::::'.'jp~~
--
~
Director
F
Member
F
Manager
(Revised
09 13
18)
F
General
Partner
F
Limited
Partner
F
Other
_______
_____
_
F
General
Partner
F
Limited
Partner
F
Other
____________
_
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1C - Page 10

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
/J.h»L
~
loo ~ Lu U!_1
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date ~
(Revised 09 13 18)
)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH INNOVATIVE
INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY SYSTEM SOFTWARE, MAINTENANCE, AND HOSTING IN THE AMOUNT OF $97,807
RECOMMENDATION:

Approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807.

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 CONSENT CALENDAR

SUBJECT: APPROVE A THREE-YEAR RENEWAL AGREEMENT WITH
INNOVATIVE INTERFACES INC. FOR POLARIS INTEGRATED LIBRARY

SYSTEM SOFTWARE, MAINTENANCE, AND HOSTING IN THE
AMOUNT OF $97,807

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will approve a three-year renewal agreement with Innovative Interfaces Inc. for Polaris Integrated Library System software, maintenance, and hosting.

RECOMMENDATION:

Approve a three-year renewal agreement with Innovative Interfaces Inc. (Attachment A) for Polaris Integrated Library System software, maintenance, and hosting for $97,807.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Innovative Interfaces Inc. is included as Attachment B.

BACKGROUND:

Integrated library systems are software systems that maintain the library’s catalog and all patron records. In 2009, Council approved the acquisition of and migration to the Polaris Integrated Library System and in 2015, Innovative Interfaces Inc. purchased the company. Staff spent approximately $50,000 and over six months converting to the Polaris system during the 2009 migration. The existing system has been kept up to date and is based on current technologies . It currently holds 2 5,000 patron records and 126,000 cataloging records for book s, media, and other physical items owned by the library.

Item 1D - Page 1
City Council Staff Report
March 9, 2023-- Page 2
Approve Three Year Renewal Agreement – Innovative Interfaces Inc.

STAFF ANALYSIS:

The system is still leading edge technology, and staff desires to continue using the Polaris Integrated Library System. The system is robust with many features but also easy for staff to use and understand. The patron portal is straightforward and by keeping the current system, this eliminate s unnecessary adaptation, training, and patron frustration. Staff worked with the vendor to negotiate a multi-year agreement to continue using the system and were able to negotiate a three-year agreement with a 3.5% increase between years one and two, and a 1% increase between years two and three. The pricing for the three years is as follows:

Item Year 1 Year 2 Year 3
Maintenance $ 3,983.92 $ 4,123.36 $ 4,164.59
Subscription $ 1,520.84 $ 1,574.07 $ 1,589.81
License $ 26,246.98 $ 27,165.62 $ 27,437.28

Total $ 31,751.74 $32,863.05 $33,191.68 $ 97,806.47

Staff is recommending approval of a three-year renewal agreement with Innovative Interfaces Inc. for Polaris Integrated Library System software, maintenance, and hosting for $97,807.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A – Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 1001025 40105.

Item 1D - Page 2
City Council Staff Report
March 9, 2023-- Page 3
Approve Three Year Renewal Agreement – Innovative Interfaces Inc.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement and Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Agreement
B. Business Disclosure Form
Item 1D - Page 3

ATTACHMENT A

Item 1D - Page 4

ORDER FORM
Order Form Date: December 1, 2022 Innovative Interfaces Incorporated ("Clarivate") 3133 W Frye Rd, Suite 400
Chandler, AZ 85226
Your use of the products and services set forth below are governed by the Clarivate Terms here: https://clarivate.com/terms-of-business (the “Terms”) which are incorporated by reference into this order form.

CLIENT DETAILS
Contracting Entity
(“Client”):

Palm Springs Public Library
Client Address: 300 South Sunrise Way
Palm Springs, CA 92262-7639

PRODUCTS/SERVICES DETAILS
Product(s) / Service(s)
As described in the attached Pricing Exhibit(s) and/or Statement(s) of Work

ADDITIONAL TERMS
GOVERNING LAW & JURISDICTION: California
RENEWAL TERM: Autorenews for consecutive 12-month terms following the expiration of the overall contract term in the pricing exhibit (“Initial Term”) unless either party provides at least ninety (90) days’ notice of nonrenewal before the end of the then current term..

FEES: Payment terms are Net 30. During the first and second years, we may increase the fees each calendar year by up to 3.5%, b y up to 1% in year 3, and by 5% thereafter. Fees will be co-termed to align your billing to the same Term.

LICENSE LEVEL: Your Authorized Users include your worldwide employees, third-party auditors, agents and contractors up to the maximum number of licenses purchased. Unless you have purchased a perpetual license, rights continue until the end of the term of the service.

PRODUCT SPECIFIC TERMS: Certain Products you are purchasing have additional terms which are att ached as addenda to this Order Form. In the event of a conflict with the Terms, these Additional Terms will control solely for the applicable Product.

TERMINATION OF PRIOR AGREEMENTS: As of December 1, 2022, all other existing software agreements and associated purchase orders between the parties, including but not limited to the Perpetual License Agreement dated February 21, 2019 and the Subscription License Agreement dated February 21, 2019 will be immediately terminated by the parties’ mutual written agreement.

SIGNATURE
This Order Form is effective when signed and returned to us within ninety (90) days from the Order Form Date. We may, in our sole discretion, accept this Order Form if returned to us after such date. Modifications require our prior approval and void any previous signatures.

Signed on behalf of Clarivate Signed on behalf of Client Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Page 1 of 12 ends

Jeff Anusbigian
VP, Sales Operations
January 31, 2023
Item 1D - Page 5

PRODUCT / SERVICE TERMS ADDENDA
In addition to the Terms, your use of the below listed products are subject to these additional terms and conditions:

Polaris, Sierra, Millennium, Virtua, or INN-Reach o r Subscription and Perpetual Licenses

1. Li ce
nse. Client and, where applicable, its Authorized Users (defined below) may use the Software (including any client configurations) (i) only for the management of the library and for servicing its patrons (including permitting Authorized Users to search library catalogues), and not on an outsourced basis, as a service bureau, for resale, or similarly on behalf of or for the direct or indirect benefit of third parties, and (ii) only in accordance with the other terms of this Agreement . The license does not include hosting services, which must be purchased separately.

2. Copies. The license includes the right to use a single production instance and up to two (2) additional copies for non-production use at no additional charge. Non-production use includes training, development, testing, quality assurance, staging or preproduction provided that the copies of the Software are not used in a production environment or as a backup to production.

3. New Releases. The license granted to you pursuant to this Agreement will include, at no additional cost, a license to use all new scheduled major releases, service pack releases, and hot fixes of the software offered generally by Clarivate to its clients during the term of this Agreement (collectively, "New Releases"). "New Releases" do not include new or additional modules, applications or other software now or hereafter offered by Clarivate, each of which require a separate license and payment of additional license fees. Additional fees may be required for implementation of New Releases.

4. Authorized Users. For clarity, your patrons do not fall within the number of Authorized Users on your Order Form.

5. Aggregated Data. In addition to the rights set forth in the Terms, we may use your Content and otherwise collect information related to your use of our product to create and use aggregate, non-identifying and anonymized data (“Collected Data”). Client acknowledges and agrees that it will have no rights in any products or services created or sold by Clarivate or its affiliates that use Collected Data.

6. Early termination. Client may terminate this Agreement at any time during the Initial Term effective as of the date of the next annual anniversary of the term if Client’s budget (funding) is eliminated and Client provides written evidence of the elimination of Client’s budget (funding), such evidence to be in the form and substance reasonably requested by Clarivate .

7. Modules. Your purchase and use of additional modules, tools or other applications from us with the Software are subject to the same terms as the Software.

Vega,
Innovative Mobile, Innovative Phone Alerts or Software-as-a-Service

1. Li ce
nse. We will provide you with subscription access via a website to our Integrated Library System solution known as “Vega”.

Client and, where applicable, its Authorized Users may access and use Vega (including any client configurations) (i) only for the management of the library and for servicing its patrons (including permitting Authorized Users to search library catalogues), and not on an outsourced basis, as a service bureau, for resale, or similarly on behalf of or for the direct or indirect benefit of t hird parties, and (ii) only in accordance with the other terms of this Agreement.

2. New Releases. The license granted to you pursuant to this Agreement will include, at no additional cost, a license to use all new scheduled major releases, service pack releases, and hot fixes of the software offered generally by Clarivate to its clients during the term of this Agreement (collectively, "New Releases"). "New Releases" do not include new or additional modules, applications or other software now or hereafter offered by Clarivate, each of which require a separate license and payment of additional license fees. Additional fees may be required for implementation of New Releases.

3. Aggregated Data. In addition to the rights set forth in the Terms, we may use your Content and otherwise collect information related to your use of our product to create and use aggregate, non-identifying and anonymized data (“Collected Data”). Client acknowledges and agrees that it will have no rights in any products or services created or sold by Clarivate or its affiliates that use Collected Data.

4. Authorized Users. Patrons fall within the number of Authorized Users on your Order Form.

Page 2 of 12 ends

Item 1D - Page 6

5. Early termination. Client may terminate this Agreement at any time during the Initial Term effective as of the date of the next annual anniversary of the term if Client’s budget (funding) is eliminated and Client provides written evidence of the elimination of Client’s budget (funding), such evidence to be in the form and substance reasonably requested by Clarivate.

Page 3 of 12 ends

Item 1D - Page 7

OPERATIONAL MATERIALS ADDENDA
Software Support, Service Availability and Maintenance
This document outlines our Software support, maintenance and service availability for the following products (“Covered Products”):

Polaris, Sierra, Millennium, Virtua, or INN-Reach or Subscription and Perpetual Licenses Support
Requesting support. Support includes issue analysis, support case management, prioritization of issues, tracking and investigation of issues and explanation of error messages. You must provide us with the information we need to resolve your problem. This includes relevant contact information, details about the problem, error messages, user IDs, and any other necessary information. If you have problems using our software, your designated administrators can contact us during normal hours. Your administrator will be provided an internal portal to report issues and review their status.

Response. We will use commercially reasonable efforts to meet the service level objectives stated below. Target response times to confirm receipt and begin troubleshoot and diagnosis of the problem are below. Resolution times cannot be guaranteed, although we undertake every effort to resolve your issues as soon as possible.

Priority Response Criteria
Severity 1 1 Business hour A major component of the software is in a non-responsive state and severely affects library productivity or operations. A high impact problem that affects the entire library system. Widespread system availability, production system is down
Severity 2 4 Business hours Any component failure or loss of functionality not covered in Severity 1 that is hindering operations, such as, but not limited to: excessively slow response time, functionality degradation; error messages; backup problems; or issues affecting the use of the module or the data Severity 3 2 Business Days An issue (other than a Severity 1 or 2) which (a) has no direct and material impact on business processes, (b) has an impact only on a segment of users, or (c) does not yet disrupt time-critical business processes.

Severity 4 as promptly as is
reasonably practical
Non-performance related incidents, including: general questions, requests for information, documentation questions, enhancement requests. These will be logged but no immediate action will be taken. We will generally monitor the situation but will not be obliged to provide any solution.

Escalation Path. If you do not receive a response within the timeframe designated above, please reach out to your Account Manager.

Hos
ting Services
The following terms apply to the extent you have purchased hosting services from Clarivate for one or more of the Covered Products.

Service availability

Page 4 of 12 ends

Item 1D - Page 8
We endeavor to ensure 99. 9% availability of our software and make commercially reasonable efforts to schedule maintenance and system upgrades during the weekends or outside regular business hours (i.e. after regular end of business Pacific Time and before start of business Eastern Time) with reasonable notice. Availability is calculated by dividing the number of minutes the software was available during the Measured Period by the total sum of the minutes in the Measured Period less any Excluded Downtime .

For the purposes of this calculation, (i) the Measured Period is a calendar year and (ii) the Excluded Downtime includes scheduled downtime for system maintenance and release updates, as well as any service unavailability attributable to your breach, any actions or omissions by you or your users, causes beyond our control, or separate instances of unavailability of less than 5 (five) minutes duration each, provided such instances are not of a persistent nature.

If availability falls below 99.9% in a month for three consecutive months , you will be entitled to a credit equal to the prorated amount of the fees for hosting services for any time during such three-month period in which the software was unavailable (other than Excluded Downtime). This credit will be your exclusive remedy for such unavailability.

Security Controls
We take reasonable and appropriate administrative, technical and physical measures to protect the confidentiality, integrity and availability of your data; however, security and compliance is a shared responsibility between you and Clarivate. Our respons ibilities are described below. You should take into consideration any special configurations or third-party applications and your responsibilities depending on any applicable laws and regulations.

The table below sets forth the features of our standard cloud-based hosting option. Premium support may be available for an additional cost.

Feature Standard
24x7 network monitoring 
Dedicated production environment 

99.9% guaranteed infrastructure uptime 
Dedicated public IP address and custom URL 
Operating system installation and management 
Library software installation and upgrades 
Data backups Daily
Archive data backup retention 30 days
Network Systems Audit Logging. All firewall logon activity and password changes are logged, monitored, controlled and audited. All intrusion detection and firewall log monitoring is done through services provided by Innovative and those pertinent log files and configuration files are retained for ninety (90) days and can be made available upon request for audit and problem resolution, as may be required.

Network Monitoring. All network systems and servers are monitored 24/7/365. We will monitor its systems for security breaches, violations and suspicious (questionable) activity. This includes suspicious external activity (including, without limitation, unauthorized probes, scans or break-in attempts) and suspicious internal activity (including, without limitation, unauthorized system administrator access, unauthorized changes to its system or network, system or network misuse or program information theft or mishandling).

Innovative will notify Client as soon as reasonably possible of any known security breaches or suspicious activities involving Client’s production data or environment, including, without limitation, unauthorized access and service attacks, e.g., denial of se rvice attacks.

Audit and Security Testing. Hosting Providers perform regular security audits and testing. You may not perform own audits of hosting providers.

Information Security Auditing/Compliance. Our hosting providers undergo SOC 1/SOC 2 Type 2/ISO 27001 audits each year by independent third-party audit firms. We offer hosting options in datacenters located in the United States, Canada, United Kingdom, Ireland, Australia and the Asia-Pacific region, however, Clarivate reserves the right to increase, decrease and/or relocate its datacenters at anytime.

Page 5 of 12 ends

Item 1D - Page 9
Disc
laimer
Support services do not include visits to your site, any services for third party equipment or software, problems stemming from a change you made to the software, or consulting services related to client specific configurations or implementation (such as interactions between the software and your hardware, installations at your site, assistance with acceptance testing, client specific templates or reports, etc).

We have no obligation to correct any error resulting from a failure by you to implement a third-party software modification or update recommended by us and provided to you at no charge.

We are not responsible for downtime or any other failure to meet the availability requirement if the root cause of the disruption is (i) your breach of the agreement; (ii) your failure to use minimum recommended browser standards for access to and use of the software; or (iii) outside of our control including, but not limited to, failures of hardware or software of upstream service providers or at your location or improper use of the software. Any additional services which you may request and we may agree to perform will be billed on a time and materials basis subject to our current applicable rates.

Changes to Support Policy
This policy may be updated by us from time to time, in our sole discretion. We acknowledge and agree that we will provide notice of all material changes to this policy to you in writing.

Page 6 of 12 ends

Item 1D - Page 10
Software Support, Service Availability and Maintenance
This document outlines our Software support, maintenance and service availability for Vega, Innovative Mobile, Innovative Phone Alerts or Software-as-a-Service.

Support
Requesting support. Support includes issue analysis, support case management, prioritization of issues, tracking and investigation of issues and explanation of error messages. You must provide us with the information we need to resolve your problem. This includes relevant contact information, details about the problem, error messages, user IDs, and any other necessary information. If you have problems using our software, your designated administrators can contact us during normal hours. Your administrator will be provided an internal portal to report issues and review their status.

Escalation Path. If you do not receive a response within the timeframe designated above, please reach out to your Account Manager.

Hos
ting Services
Service availability
We endeavor to ensure 99. 5% availability of our software and make commercially reasonable efforts to schedule maintenance and system upgrades during the weekends or outside regular business hours (i.e. after regular end of business Pacific Time and before start of business Eastern Time) with reasonable notice. Availability is calculated by dividing the number of minutes the software was available during the Measured Period by the total sum of the minutes in the Measured Period less any Excluded Downtime.

Page 7 of 12 ends

Item 1D - Page 11
omissions by you or your users, causes beyond our control, or separate instances of unavailability of less than 5 (five) minutes duration each, provided such instances are not of a persistent nature.

If availability falls below 99.5% in a month for three consecutive months, you will be entitled to a credit equal to the prorated amount of the fees for hosting services for any time during such three-month period in which the software was unavailable (other than Excluded Downtime). This credit will be your exclusive remedy for such unavailability.

Security Controls
We take reasonable and appropriate administrative, technical and physical measures to protect the confidentiality, integrity and availability of your data; however, security and compliance is a shared responsibility between you and Clarivate. Our respons ibilities, including those managed by Clarivate hosting partners, are described below. You should take into consideration any special configurations or third-party applications and your responsibilities depending on any applicable laws and regulations.

The table below sets forth the features of our standard cloud-based hosting option. Premium support may be available for an additional cost.

Feature Standard
24x7 network monitoring 
Dedicated production environment 

99.5% guaranteed infrastructure uptime 
Dedicated public IP address and custom URL 
Operating system installation and management 
Library software installation and upgrades 
Data backups Daily
Archive data backup retention 30 days
Network Systems Audit Logging. All network logon activity and password changes are logged, monitored, controlled and audited. All intrusion detection and firewall log monitoring is done through services provided by the Hosting Provider. The pertinent log files and configuration files related to customer's hosted solution are retained for seven days and can be made available upon request for audit and problem resolution, as may be required.

Encryption. Encryption for data-in-transit is provided as a part of the Standard Plan.

Network Monitoring. All network systems and servers are monitored 24/7/365. We will monitor its systems for security breaches, violations and suspicious activity. This includes suspicious external activity (including, without limitation, unauthorized p robes, scans or intrusion attempts) and suspicious internal activity (including, without limitation, unauthorized system administrator acc ess, unauthorized changes to its system or network, system or network misuse or program information theft or mishandling). Innovative will notify Client as soon as reasonably possible of any known security breaches or suspicious activities involving Client’s production data or environment, including, without limitation, unauthorized access and service attacks, e.g., denial o f service attacks.

Physical Security. The physical infrastructure used to support the product (and other professional services purchased by you from Clarivate, as applicable), including the servers, storage, switches, and firewalls, are provided by the hosting provider. The hosting provider limits access to only authorized personnel, and badge and/or biometric scanning controls access. Security cameras placed in the hosting facilities provide video surveillance.

Audit and Security Testing. Hosting providers perform regular security audits and testing. You may not perform own audits of hosting providers.

Security Assessments. Client may perform vendor due diligence reviews of Innovative’s security best practices. Innovative undergoes annual audits by independent firms and will share its security certifications, and audit reports under Non -Disclosure, as requested by Client.

Page 8 of 12 ends

Item 1D - Page 12
Information Security Auditing/Compliance. Our hosting providers undergo SOC 1/SOC 2 Type 2/ISO 27001 audits each year by independent third-party audit firms. We also hold the internationally-recognized ISO 27001:2013 standard for its information security management system supporting the hosting solutions. We partner with hosting providers who are designed to satisfy requirement s of most security sensitive customers with constant monitoring, high automation, high availability, and highly accredited to global security standards, including: PCI DSS Level 1, ISO 27001, FISMA Moderate, FedRAMP, HIPAA, and SOC 1 (formerly referred to as SAS 70 and/or SSAE 16) and SOC 2. We offer hosting options in datacenters located in the United States, Canada, United Kingdom, Ireland, Australia and the Asia-Pacific region, however, Clarivate reserves the right to increase, decrease and/or relocate its datacenters at anytime.

Your responsibility. Client remains responsible for properly implementing access and use controls and configuring certain features and functionalities of the software that Client may elect to use in the manner that Client deems adequate to maintain appropriate security, protection, deletion, and backup of its data.

Disc
laimer
Support services do not include visits to your site, any services for third party equipment or software, problems stemming from a change you made to the software, or consulting services related to client specific configurations or implementation (such as interactions between the software and your hardware, installations at your site, assistance with acceptance testing, client specific templates or reports, etc).

We have no obligation to correct any error resulting from a failure by you to implement a third-party software modification or update recommended by us and provided to you at no charge.

Page 9 of 12 ends

Item 1D - Page 13
Innovative Interfaces Incorporated
3133 W. Frye Rd.

Suite 400
Chandler AZ 85226
United States
Pricing Exhibit
Date 12/15/2022
Quote # EST -INC15812
Bill To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Ship To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Payment Terms Net 30
Overall Contract Term (Months) 36
Contract Start Date 12/1/2022
Contract End Date 11/30/2025
Sales Rep CR Manager
Site Code PALM1623
Expires 3/15/2023
Currency
US Dollar
Item
Polaris Core
Bundle
Maintenance –
Public
Staff User
Licenses
Maintenance
Additional SIP2
Maitenance
Staff User
Licenses
Maintenance
Polaris PowerPAC
Multilingual
Maintenance
Polaris API (PAPI)
Maintenance
Item Category
Maintenance
Maintenance
Maintenance
Maintenance
Maintenance
Maintenance
Qty
1 18
4 3
1 1
Description
Polaris Core Bundle
Maintenance for public libraries
Additional Staff User Licenses
Maintenance
Additional SIP2 Maitenance
Additional Staff User Licenses
Maintenance
Polaris PowerPAC Multilingual
Maintenance
Polaris API (PAPI) Maintenance
Y ear 1 of 3
1 December 2022 - 30
November 2023
Y ear 2 of 3 - $4,123.36
Y ear 3 of 3 - $4,164.59
Options
Polaris
PowerPAC
Language
Options:

Spanish
Original Rate Discounted ... Amount
2,073.61

0.00 0.00
696.60

0.00 1,213.71
Total Fees US$3,983.92

Page 10 of 12 ends

Item 1D - Page 14
••• • •
t 1nnovat1ve
Part of ,Clarivate
Innovative Interfaces Incorporated
3133 W. Frye Rd.

Suite 400
Chandler AZ 85226
United States
Pricing Exhibit
Date 12/15/2022
Quote # EST -INC15813
Bill To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Ship To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Payment Terms Net 30
Overall Contract Term (Months) 36
Contract Start Date 12/1/2022
Contract End Date 11/30/2025
Sales Rep CR Manager
Site Code PALM1623
Expires 3/15/2023
Currency
US Dollar
Item
Polaris Syndetics
Unbound
Item Category
SaaS
Qty
1 Description
Polaris Syndetics Unbound
Subscription
Y ear 1 of 3
1 December 2022 - 30
November 2023
Y ear 2 of 3 - $1,574.07
Y ear 3 of 3 - $1,589.81
Options Original Rate Discounted ... Amount
1,520.84
Total Fees US$1,520.84

Page 11 of 12 ends

Item 1D - Page 15
••• • •
t 1nnovat1ve
Part of ,Clarivate
Innovative Interfaces Incorporated
3133 W. Frye Rd.

Suite 400
Chandler AZ 85226
United States
Pricing Exhibit
Date 12/15/2022
Quote # EST -INC15814
Bill To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Ship To
Palm Springs Public Library
300 South Sunrise Way
Palm Springs CA 92262-7639
United States
Payment Terms Net 30
Overall Contract Term (Months) 36
Contract Start Date 12/1/2022
Contract End Date 11/30/2025
Sales Rep CR Manager
Site Code PALM1623
Expires 3/15/2023
Currency
US Dollar
Item
Polaris
Multi-Tenant
Hosting - US/APAC
Item Category
License - Term
Qty
1 Description
Multi-Tenant Cloud Hosting
environment for Polaris in
production enables libraries to
eliminate the overhead of
maintaining an on premise
server for Polaris ILS When
Polaris is hosted, Innovative
takes responsibility for release
upgrades, backups, and system
/ environment maintenance &
security updates. Includes
Terminal services, PAC
services, Reporting services,
Screwdriver services
Y ear 1 of 3
1 December 2022 - 30
November 2023
Y ear 2 of 3 - $27,165.62
Y ear 3 of 3 - $27,437.28
Options Original Rate Discounted ... Amount
26,246.98
Total Fees US$26,246.98

Page 12 of 12 ends

Item 1D - Page 16
••• • •
t 1nnovat1ve
Part of ,Clarivate

ATTACHMENT B
Item 1D - Page 17

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 05/16/19)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

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

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?

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

What Must I Disclose?

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

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY

What if I Have Questions?

If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

Item 1D - Page 18
City of Palm Springs
Public Integrity Disclosure
Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these s upplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity)
As an example , Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brother s, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company , which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

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

1. Acme Brothers, Inc., a California corporation (PID Form 1) a. Officers: John Doe, Jill Doe, and Jay Doe page 1
b. Ownership: page 2
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company (PID Form 2) a. Managers: Acme Brothers 2, Inc., a California corporation page 1 b. Ownership: 100% Acme Brothers 2, Inc., a California corporation page 2

3. Acme Brothers 2, Inc., a California corporation (PID Form 3) a. Officers: George Doe, Bill Doe, and Jane Doe page 1
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company page 2

4. Acme Brothers 2, LLC, a California limited liability company (PID Form 4) a. Managers: George Doe page 1
b. Ownership: page 2
i. 50% George Doe
ii. 50% Jane Doe
Item 1D - Page 19
The full disclosure listing of natural persons with financial interest in Acme Brothers, Inc., a California corporation, would represent the following:

1. John Doe, 25%

2. Jill Doe, 25%

3. George Doe, 25%

4. Jane Doe, 25%
In order for you, as an applicant, to disclose to appropriate City officials any potential conflict of interest, it is critical that all managers, members, corporate officers, and all natural persons having any financial interest of 5% or more be identified. Failure to identify all such persons may be cause for any action approved by the City to be declared null and void.

Item 1D - Page 20
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Item 1D - Page 21
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date

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

Item 1D - Page 22
--~--1
I a~ I
IL ____ _____.

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND THE CITY OF

INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION RECOMMENDATION:

Appoint Denise Delgado, representing the City of Coachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027.

1. Appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023, for a term ending April 1, 2026.

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 CONSENT CALENDAR

SUBJECT: RATIFY THE NOMINATION OF THE CITY OF COACHELLA AND CITY OF

INDIO TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

FROM: Teresa Gallavan, Interim City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Appoint Denise Delgado, representing the City of C oachella, to the Palm Springs International Airport Commission effective immediately for a term ending January 25, 2027.

Appoint Rick Wise, representing the City of Indio, to the Palm Springs International Airport Commission effective April 1, 2023 and term ending on April 1, 2026.

BACKGROUND:

In November 2017, the City Council amended the Palm Springs Municipal Code to provide that each representative City nominate, and the Palm Springs City Council appoint, the representative member to the Palm Springs International Airport Commission.

The City received notification from the City of Coachella of their nomination of Denise Delgado to a term ending January 25, 2027. The City received notification from the City of Indio of their nomination of Rick Wise to a term ending April 1, 2026.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Commission Roster
B. City of Coachella Appointment Letter
C. City of Indio Appointment Letter
Item 1E - Page 1
=======r===---=========--

ATTACHMENT A

Item 1E - Page 2

Palm Springs International Airport Commission

Member Current Appointment Term Expires

Vacant, City of Rancho Mirage
Jan Pye, City of Desert Hot Springs July 19, 2019 Jan. 17, 2024 Gerald Adams, City of Palm Springs June 19, 2019 June 30, 2022 Todd Burke, City of Palm Springs June 19, 2019 June 30, 2022 David Feltman, City of Palm Springs June 19, 2019 June 30, 2022 Denise Delgado, City of Coachella January 25, 2023 Jan. 25, 2027 Rick Wise, City of Indio April 1, 2023 April 1, 2026
Patricia Breslin, City of Palm Springs April 8, 2021 June 30, 2023 Pavel Budilo, City of Indian Wells July 10, 2019 June 30, 2023 Robert Hedrick, City of Palm Springs April 8, 2021 June 30, 2023 John Payne, City of Palm Springs September 9, 2021 June 30, 2023 Paul Slama, County of Riverside September 29, 2022 June 30, 2023 Kevin Corcoran, City of Palm Springs June 24, 2021 June 30, 2024 Aftab Dada, City of Palm Springs June 24, 2021 June 30, 2024 Scott G. Miller, City of Palm Springs June 24, 2021 June 30, 2024 Tony Michaelis, City of Cathedral City December 14, 2022 June 30, 2024 Manuel Guillermo Suero, City of Palm Springs June 24, 2021 June 30, 2024 Kevin Wiseman, City of Palm Desert January 13, 2022 June 30, 2025 Kathleen Hughes, City of La Quinta July 8, 2017 June 30, 2024

Item 1E - Page 3

ATTACHMENT B

Item 1E - Page 4

February 16, 2023

Delivered via email to: [email protected]

Cassandra Edney
Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Subject: City of Coachella’s Representative on the Palm Springs International Airport Commission

Dear Ms. Edney:

This letter is a formal notice of action by the City Council of the City of Coachella on January 25, 2023.

The City Council approved the appointment of Councilmember Denise Delgado to serve on the Palm Springs International Airport Commission as the member representing the City of Coachella. Her contact information is as follows:

Denise Delgado [email protected]
(442) 307-4513

If you have any questions, please feel free to reach out to the City Clerk at [email protected]
or (760) 398-3502, extension 102.

Regards,

_____________________
Angela Zepeda
City Clerk
Item 1E - Page 5

CIT Y OF CO ACH ELL A
53-990 E NTERPRJSE WAY, COACH ELLA, CALIFORNIA 92236
PHONE (760) 398-3502 • WWW.COACHELLA.ORG
A11 Affirmative Action /Equal Opportunity Employer

ATTACHMENT C

Item 1E - Page 6
100 Civic Center Mall, Indio, CA 92201
@cityofindio 760-391-4000 Indio.org
Feb
ruary 3, 2023
Brenda Pree
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
RE
: Nomination of representative for the Palm Springs International Airport Commission Dear Brenda,
The Indio City Council at its meeting of February 1, 2023, approved the nomination of Rick Wise to serve as the representative for Indio on the Palm Springs International Airport Commission. The term will commence April 1, 2023 and will expire April 1, 2026, per the Palm Springs Municipal Code Section 2.06.010(a).

Attached is a copy of his application.

Feel free to reach out if you have any questions, 760-391-4006 or [email protected].

Res
pectfully,

CITY OF INDIO
Sabdi Sanchez, CMC
City Clerk Administrator
Cc: City Clerk’s Office [email protected]
Harry Barrett, Executive Director H [email protected] Item 1E - Page 7
II NDIIO
take center stage
® ® ® I f@ (iw ~a

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND

ESCALATOR MAINTENANCE FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

1. Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance.

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF A COOPERATIVE CONTRACT FOR ELEVATOR AND

ESCALATOR MAINTENANCE FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Aviation

SUMMARY:

The Palm Springs International Airport proposes to enter into a three- year service agreement with two one -year extension options with TK Elevator Corporation for the maintenance of elevator and escalator equipment.

RECOMMENDATION:

1. Approve Cooperativ e Contract A greement 23C004 ( Attachment A ) with TK Elevator Corporation to provide elevator and escalator maintenance services i n accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, in an amount not to exceed $84,600 for the initial three-year term beginning on the date provided in the Notice to Proceed, with two one-year extension options at the City’s sole discretion;

2. Approve the appropriation of $28,200 for Fiscal Years 2022-2023, 2023-2024, and 2024-2025 from the Department of Aviation’s Fund 415 fund balance; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on February 7, 2023, TK Elevator Corporation is registered in the State of Delaware. The owner is TK Elevator Americas Corporation with 100% beneficial interest in entity.

Item 1F - Page 1
City Council Staff Report
March 9, 2023 -- Page 2
Cooperative Contract with TK Elevator Corporation

BACKGROUND:

Palm Springs International Airport (Airport) has three hydraulic elevators and two escalators located at the Bono Concourse that require monthly maintenance and repairs to maintain operation for the public as well as staff use.

STAFF ANALYSIS:

Staff worked with the Procurement & Contracting Department to research possible cooperative agreements available for these services. OMNIA Partners (formerly U.S.

Communities) offers a competitively solicited agreement ( “Contract No. R200502”) with TK Elevator Corporation (the “Cooperative Agreement”) for the maintenance of elevators and escalators that includes fixed pricing for routine maintenance and repairs.

After reviewing the C ooperative Agreement and meeting with TK Elevator Corporation, staff determined that utilizing this Cooperative Agreement would be beneficial to the Airport because it provides a fair price for specialized work that is needed to maintain the elevator and escalators at the Airport. Therefore, staff is recommending award of a three- year service agreement , with two one -year extension options for this needed maintenance work.

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 chan ge 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.

ENVIRONMENTAL ASSESSMENT:

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

FISCAL IMPACT:

The cost for the services is $28,200 per year for a three- year term . F unds will be appropriated for Fiscal Years 2022- 2023, 2023- 2024, and 2024- 2025 from the Department of Aviation’s Fund 415 fund balance .

Item 1F - Page 2
City Council Staff Report
March 9, 2023 -- Page 3
Cooperative Contract with TK Elevator Corporation

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Acting Department Director: Kristopher Mooney
Procurement and Contract Manager: Kim Baker
City Attorney: Geremy Holm
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Agreement No. 23C004
B. Public Integrity Disclosure
Item 1F - Page 3

ATTACHMENT A
AGREEMENT NO. 23C004 WITH

TK ELEVATOR CORPORATOIN
Item 1F - Page 4

COOPERATIVE PURCHASE FOR PROTECTION OF VERTICAL
TRANSPORTATION EQUIPMENT AGREEMENT NO. 23C004
OMNIA Partners (formerly U.S. Communities) Contract No. R200502 This Cooperative Purchase of the protection of Vertical Transporta tion Equipment Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and TK Elevator Corporation, a Delaware corporation with its principal place of business at 3100 Interstate North Circle SE Suite 500 Atlanta, GA 30339 (“Contractor”), a corporation. City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited OMNIA Partners (formerly U.S. Communities) Contract No. R200502 with TK Elevator Corporation (“Cooperative Agreement”). b. The City desires to retain the services for the maintenance and repair of the city’s vertical transportation equipment attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is for 3 years beginning on the date provided in the Notice to Proceed for the City’s Procurement and Contracting Department. The parties may mutually extend the term of this Agreement for up to 2 additional 1-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term of the then-current Option Period.

3. Compensation and Payment. This Agreement is for an amount not to exceed $28,200.00 per year, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein Item 1F - Page 5
by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

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

7. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

IF TO THE CONTRACTOR:

TK Elevator Corporation
Attn: Alan Schulz
Business Development Manger
Address: 1601 S. Sunkist St. Ste A
Anaheim, CA 92806
IF TO THE CITY:

City of Palm Springs
Attn: Jacob Colella
Maintenance Superintendent
Address: 3400 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Phone: 760-318-3901
Phone: 858-238-5057

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

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

Item 1F - Page 6
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

11. Covenant Against Discrimi nation. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Munic ipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting

12. Entire Agreement. This Agreement, along with the Co operative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or Item 1F - Page 7
inconsistency between this Agreement and the Coo perative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]
Item 1F - Page 8

SIGNATURE PAGE TO COOPERATIVE PURCHASE FOR PROTECTION OF

VERTICAL TRANSPORTATION EQUIPMENT AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1F - Page 9

ATTACHMENT A

SCOPE OF WORK
Item 1F - Page 10

Item 1F - Page 11
Omnia Partners Group - Contract#R200502
for the Protection of Vertical Transportation Equipment A. TH IS AC.REEMEMT (hereinafter " Agreement ") maEJe anEJ entereEJ inhi en this 1st EJay Awil 202a ey anEJ ~ {If l2alm ~ ~ 8A ~ {If
(hereinafter referreEJ te as " Purchase r"), anEJ, TK Elevater Cerperatien , a Oelaware cerperatien , having an aEJEJress ef alQQ Inte rstate Merth Circle SE Suite 5QQ Atlanta , C.A aQaa9 (here inafter referreEJ te as "Centracter "). In censiEJeratien ef the mutual cevenants centa ineEJ here in, Centracter agrees te perform the services EJescrieeEJ herein anEJ Purchaser er its memeers agree te pay the ameunts EJescrieeEJ herein , all en the terms anEJ cenEJitiens set forth in th is Agreement.

WHEREAS,
.g., The Purchaser is engageEJ either as a real prepert y ewner er manager (er as a part in jeint ventures er censertiums te that effect) ; anEJ
C. The Ser" ice Pre"iEJer is engageEJ in the eusiness ef ser><icing anEJ repairing ele><aters, escalaters anEJ ether " ertical transpertat ien ei:iblipment.

NOW THEREFORE, the Parties hereto agree as follows:

1. BACKGROUND
The Purchaser and the Service Provider desire to enter into this Agreement as a long term commitment for the maintenance and repair of Purchaser's vertical transportation equipment as further described in this Agreement. Under the Agreement the Purchaser may issue written requests to the Service Provider to provide certa in vert ical transportat ion maintenance services at locations control led by Purchaser . The Agreement is to provide an umbrella for those location-specific written requests for vertical tra nsportat ion maintenance services issued by the Purchaser .

2. GOVERNING DOCUMENTS
The follo wing documents form and are an integra l part of this Agreement and are to be ta ken as mutua lly explanator y of one anothe r. In the case of any amb iguit y or discre pancy between the documents forming the Agreement , then the priority of the documents will be in the order as listed below, unle ss other wise agreed in writing between the parties:
(a ) Each individua l locat ion requirement (as specified at the time of ordering by the Purchaser).

An Location requirement shall be considered "Accepted " if it is fully executed by a duly author ized representati ve of both the Purchaser and the Service Provider and provided to the Service Provider;
(b) This Agreeme nt;
(c) Any other document mutuall y agreed and signed by the parties , form ing part of this Agreement.

3. PERFORMANCE
Service Provider will provide the services and/or scope of work app licable to all vertical tran sportat ion equipment descr ibed on any ful ly executed and properl y delivered Agreemen t (the " equipment ") on the terms and condit ions set fort h in th is Agreement (the "Services"). The term "Property " hereinafter will refer to the real propert y of the Purchaser on which the equ ipment is located . Service Provider will use trained personne l direct ly employed and super vised by Service Provider or sub -contractors . They w ill TK ELEVATOR CORPORATION I any oth er requi red informatio n can be add ed h ere 1 / 14

Item 1F - Page 12
be qualified to keep Purchaser's equipment properly adjusted, and they will use all reasonable care to maintain that equipment in proper operating condition. Service Provider will regularly and systematically examine , adjust and lubricate as required, and, in Service Provider's sole opinion , if conditio ns warrant, Service Provider will repair or replace all equipment parts and devices not specifical ly excluded by this Agreement.

The Services shall be performed in a diligent and first class manner, with quality supplies, materials, equipment and workmanship and in such a manner so as to minimize the possibility of any annoyance, interference, or disrupt ion to tenants or other occupants of the Property and their invitees. Upon completion of the Services, Service Provider shall restore the Property to its original condition and shall leave the Property clean and free of all tools , equipment , waste materials and rubbish .

Service Provider will service Purchaser's equipment and its component parts in their present condition with the understanding that Service Provider shall neither be required nor obligated to service, make renewals or repairs upon the equipment by reason of negligence , obsolescence , misuse of the equipment , loss of power, blown fuses, tripped stop switches, theft , vandalism , explosion, fire, power failure, water damage , storm, lightning , nuisance calls or by any other reason or any other cause beyond Service Provider 's control, except ordinar y wear and tear from the commencement date of this agreement. With the passage of time , equipment techno logy and designs will change . If any part or component of any equipment described in a NFA cannot , in Service Provider's sole opinion, be safely repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete . Purchaser will be responsib le for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionall y compatib le with that replacement part or component. In addition, Service Provider will not be required to make any changes or recommendations in the existing design or funct ion of the unit(s) nor will Service Provider be obligated to install new attachment s or parts upon the equipment as recommended or directed by insurance companies , governmental agencies or authorities , or any other third party. Any work not specifically covered under this agreement shall be at Purchaser's sole expense.

The Service Provider may propose changes to the Services by informing the Purchaser in writ ing .

To be binding , such changes must be appro ved by authorized re_presentatives of both parties in writing . The Parties may also , at any time, agree to add new Services at agreed prices to be covered by th is Agreement. To be binding , such additions must be appro ved by corresponding authorized representati ves of both parties 1n writ ing.

Pledge of Purchaser Satisfaction

3.1 In the event that Purchaser elects to undertake an audit of the service provided under this Agreement and any Location (s) Agreement , such aud it m ust be announced in writing at least ten (10) working days in advance . If any non-compliance is identified in writing to the Service Provider at the address set forth in this Agreement , whether pursuant to an audit or under any other circumstances , the Service Provider will begin to take appropriate measu res to remed y such non-compliance within thirt y (30) days thereafter.

3.2 The Purchaser and the Service Provi der shall appoint appropriate personnel to meet regularly at loca l and global levels and at such inter vals as is deemed nece ssary to enab le the parties to discuss and review the performance of both parties of their respecti ve obligations under this Agreement. The reviews will take place in order to :
a) Monitor the effecti veness and efficienc y with which this Agreement is being implemented ; b) Agree to mutual object ives and timescales;
c) Assess the overa ll performance of this Agreement by each part y; d) Review business implications , targets and risks;
e) Review w hethe r this Agreement is being conducted in the spirit it was intended ; and TK ELEVATOR CORPORATION I any other required information can be added here ilC:
2/14

Item 1F - Page 13
f) Assess , under this review process , the need to amend or update the performance criter ia included in this Agreement .

4. INDEPENDENT CONTRACTOR RELATIONSHIP:

Service Provider shall assume all duties under this Agreement as an independent contractor , and shall not be deemed for any purpose to be an agent, servant, or representative of Purchaser. Purchaser shall have no direct control of Service Provider, its agents, or subcontracto rs in the performance of the work hereunder. Nothing contained herein shall be construed to be inconsistent with such independent contractor relationship .

5. BY HIGHLY-TRAINED SERVICE PROVIDER PROFESSIONALS:

Service Provider employs and supervises elevator technicians who are among the most trusted in the industry and who will provide all maintenance courteousl y and dependabl y. Service Provider's elevator technicians receive ongoing training in general equipment development as well as advancements made to Purchaser's specific equipment.

6. ASSURANCE OF SERVICE PROVIDER'S STANDARD OF QUALITY:

To help increase elevator performance and decrease downtime, Service Provider's technicians utilize the latest indust ry methods and technology available to Service Provider for Purchaser's specific brand of equipment. They w ill be equipped with the tools, documentat ion and knowledge to troubleshoot Purchaser's unique system.

Behind Service Provider's technicians is a team devoted to elevator excellence . Technicians are supported around the clock by a fam ily of engineers and field support experts. Service Provider's Internationa l Technical Support facility in Texas continuousl y researches advancements in the industry and in Purchaser's equipment.

7. EXTENT OF COVERAGE:

Service Provider will perform the following Services with respect to any equipment descr ibed on any fully executed location requirement on a monthl y basis:
7 .1 TRACTION ELEVATORS:

Service Provider agrees to and shall maintain the traction elevator equipment described on any Location Agreements on the following terms and conditions:
7 .1.1 Service Provider will use trained employees directly employed and supervised by Service Provider. Such employees shall be qualified to keep the Equipment properly adjusted, and Service Provider will use all reasonable care to maintain the Equipment in proper and safe operating condition.
7 .1.2 Service Provider will regularly and systematically examine, adjust, clean and lubricate the following as required, and if conditions warrant, repair or replace the same:

TK ELEVATOR CORPORATION I any oth er required info rmat ion can be added here 3/14

Item 1F - Page 14
7 .1.2a Machine worm gear, thrust bearings, drive sheave, drive sheave shaft bearings , brake pulley and brake coil, contact linings and component parts ; 7 .1 .2b Motor and motor generator, motor windings, rotating element, commutator , brushes, brush holders and bearings;
7 .1 .2c Silicon control rectifiers, reactors, filters, heat sinks, amp traps, transducers , and all control components;
7 .1.2d Controller, selector and dispatching equipment , leveling devices and cams, all relays, solid state components , resistors, condensers, transformers , contacts, leads, dash pots, timing devices, computer and micro computer devices, steel selector cable or tape , and mechanical and electrical driving equipment ;
7 .1.2e Governor, governor sheave and shaft assembly, bearings , contacts, and governor jaws;
7 .1.2f Deflector or secondary sheave, bearings, car and counterweight guide rails, top and bottom limit switches, governor tension sheave assembly, compensating sheaves assembly, counterweight and counterweight guide shoes including rollers or gibs; 7 .1.2g Hoistway door interlocks and hangers, bottom door guides and auxiliary door closing devices and all fastening devices and associated reinforcement in attached components;
7 .1.2.h Hoistway entrance door sill areas beyond the entrance frame opening; will be cleaned.

7.1.2i Automat ic power operated door operator, car door hanger, car door contact, door protective device, car ventilation system platform , load weighing equipment , car safety mechanism, elevator car guide shoes, gibs or roller;
7 .1.3 Service Provider shall mainta in the individual minimum performance standard s defined below:
7 .1.3a "Start to Stop Time" as measured from the moment the car begins motion till the time it stops for a single floor run.

7. 1.3b "Door Open Time" as measured from the fully closed door position to a fully open stopped position.
7 .1.3c "Door Close Time" as measured from the fully open door position to a fully closed stopped position. Door closing pressure shall not exceed 30 lbs.

7.1.3d "Leveling Accuracy" as measured from car sill to landing sill at a fully stopped position under all load conditions .
7 .1.3e "Rated Speed" as the same shall be that noted and shall not vary by more than 5% regardless of direction or load.

7.1.4 Service Provider shall maintain the Rated Speed in feet per minute , the original performance time , including acceleration and retardation as designed and installed by the manufacturer 4114 TK ELEVATOR CORPORATION I any other required information can be added here

Item 1F - Page 15
and perform the necessary adjustments as required to mainta in the origina l Door Open Time and Door Close Time, within limit s of applicable codes, or to adjust and maintain revised Door Open Time and/or door close Time upon direction of Purchaser.
7 .1.5 Service Provider shall maintain smooth ride quality, smooth acceleration and deceleration and comfortable stop.
7 .1.6 . Service Provider shall maintain positive and quiet door operation with rapid a nd smooth checking at limits of travel. Service Provider shall annually, check the group dispatching systems and make necessary tests to insure that all circuits and time settings are properly adjusted and that the system performs as designed and installed by the manufacturer or to adjust and mainta in revised settings upon direction of Purchaser.
7 .1. 7 Service Provider shall examine periodicall y all safety devices and governors and conduct an annual no-load test.
7 .1.8 Service Provider shall calibrate load-weighing devices to Purchaser's selected settings , after annual and, as applicab le, five-year safety tests are conducted. 7 .1.9 Service Provider shall renew all wire ropes as often as is necessary to maintain an adequate factor of safety; equalize the tension on all hoist and compensation ropes, lubricate ropes appropriately and when necessary remove all residue and accumu lated deposits from the rope surface and shorten ropes and chains as required to provide legal and reasonable bottom clearances. 7 .1.10 Service Provider shall repair or replace conductor cables and hoistway and machine room elevator wiring in such a way as to maintain the percentage of spare conductors present at the acceptance of the location requirement. In no case shall the number of spare conductors be less than 5%.
7 .1.11 Service Provider shall furnish lubricants compounded to the manufacture r's rigid specifications .
7 .1.12 Service Provider shall make other safety tests recommended or directed by all applicable governmenta l authorit ies in force at the time of the acceptance of the Agreement. Service Provider shall not be required to install new attachments on the elevators recommended or directed by insurance companies , or by governmenta l authorities, nor to make replacements with parts of a different design recommended or directed by insurance companies , or by governmental authorities. 7 .1.13 Service Provider shall coordinate all testing requiring an independent witness or inspector with the Purchaser's appointed representative. 7 .1.14 Service Provider shall not be required to make renewals or repairs necessitated by reason of Purchaser's negligence or Pu rchaser's misuse of the Equipment or by reason of any other cause beyond Service Provider's reasonable control except ordinary wear and tear. 7 .1.15 Service Provider shall also maintain, and if conditions warrant, repair or replace the following auxiliary equipment:

7.1. 15a All handicap devices;
7 .1.15b All elevator related earthquake devices if applicable TK ELEVATOR CORPORATION I any other require d i nfo rm ation can be add ed h ere 5/14

Item 1F - Page 16
7 .1.16 Service Provider shall have no responsib ility for the following items of Equipment, which are not included :

7.1.16a the finishing, repairing , or replacement of cab enclosure, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, light bulbs and tubes, main line power switches, breaker, feeders to controller, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditioners and all other items as set forth and excluded in this Agreement.

Elevator signal light bulbs will be replaced during regular service calls. 7 .2 HYDRAULIC ELEVATORS:

Service Provider agrees to and shall maintain the hydraulic elevator equipment described on any fully executed Location Agreements under the same terms and conditions described under 7 .1 entitled "Traction Elevators," as the same are applicable to hydraulic elevators, with the following additions:
7 .2.1 Service Provider shall have no responsibility for the following items of Equipment in addition to those listed in provision 7 .1.16a above: the finishing, repairing, or replacement of cab enclosure, hoistway door panels, door frames , sills, car flooring , floor covering, lighting fixtures, light bulbs and tubes , main l ine power switches, breaker, feeders to controller, hydraulic elevator jack, hydraulic elevator outer casing, any type of underground piping or other material, alignment of elevator guide rails, smoke and fire sensors, fire service reports, air conditione rs and all other items as set forth and excluded in this agreement. Elevator signal light bulbs will be replaced during regular service calls. 7 .2.2 Filters, mufflers and muffle r components are included. 7 .2.3 Service Provider shall periodically examine all safety devices and conduct pressure tests and other tests required by ANSI Al 7.1 or other applicable codes. 7 .2.4 Service Provider shall periodically conduct an inspection of hydraulic fluid to detect contaminants and assure proper viscosity, make necessary corrections and replace fluid as required and furn ish hydraulic fluid compounded to the manufacturer 's rigid specifications. 7 .2.5 Service Provider shall clean excessive fluid leakage from pump pans, cylinder heads, machine room and pit floors.

7.3 ESCALATORS:

Service Provider agrees to and shall maintain the escalator equipment described on any Location Agreements under the same terms and conditions described under 7 .1 entitled "Traction Elevators," as the same are applicable to escalators, with the following additions :
7 .3.1. Controller, all relays, contacts , coils, resistance for operating and motor circuits, operating transformers and operating rectifier;
7 .3.2 Handrail, handrail drive chains, handrail brush guards , handrail guide rollers, alignment devices, steps, step tread, step wheels, step chains, step axle bushing s, comb plates, floor plates and tracks;
7 .3.3 Upper drive, upper drive bearings , tension sprocket bearings, upper newel bearings, lower newel bearings;
7 .3.4 All balustrade fastenings , deck and trim fastenings (screws, clips, etc.); TK ELEVATOR CORPORATION I any ot her required infor mat ion can be added here 6/14

Item 1F - Page 17
7 .3.5 Skirt panels and panel finishes;
7 .3.6 Escalator u nder-step lighting and balustrade panel and skirt lighting ; 7 .3. 7 Upper and lower pit equipment spaces, pit lights , trusses and inclined truss pans. 7 .3.8Ser vice Provider shall examine periodically (at intervals not longer than six months) all normal operating devices and equipment in accordance with ANSI Al 7.1 , Section 1007 and conduct annual inspect ions and tests of all safety devices, brakes, step up thrust devices and governors in accordance with ANSI Al 7.1 , Section 1008 . If required , the governor will be calibrated and sealed for proper tripping speed. 7 .3.9Service Provider shall have no responsibi lity for the balustrade finishes, deck and trim finishes , wedge guards and exterior truss enclosures.

8. PARTS INVENTORY
Service Provider maintains a comprehensi ve parts inventory to support its field operations. Replacement parts are stored throughout North America in Service Provider's facilities and are normal ly available as necessary. Most special ized parts are available within 24 hours , seven days a week. All replacement parts used in Purchaser's vertical transportat ion equipment will be new or refurb ished to meet the quality standards of Service Provider.

9. TESTING
Service Provider will, at its discretion and expense, perform governor and safety tests on traction elevators or annual relief pressure tests on hydraulic elevators per local and State codes. Service Provider assumes no respons ibility for the operations of the governor or safety on traction elevators, or the hydraulic system on hydraulic elevators , under the terms of this Agreement unti l all applicab le and governmental ly-mandated tests have been made . Should the systems not meet applicable safety code requirements , it shall be the responsibil ity of the Purchaser, at its sole cost, to make necessary repairs and to place the equipment in a condit ion, which will be acceptab le for coverage under the terms of this Agreement. Service Provider shall not be liable for damage to the building structure or the elevator resulting from any testing of any type or kind at any time.

10. COMPLIANCE WITH LAWS:

The rights and duties arising under this Agreement shall be governed by the laws of the State in which the Property i s located . In perform ing the Services required under this Agreement , Service Provider shall compl y w ith all applicable federal , state, county, and municipal statutes , ordinances and regulations . In the event that any portion of this Agreement is determ ined to be against publ ic policy or statute , then all other provisions shall remain in full force and effect.

11. TERM:
£er¥ice 1,1nser the lerFRs ans cons itions of this A§reeFRenl shall be for an initial non cancelab le f3erios of fi¥e (5) years coFRFRencin§ on the sale Sf3ecifies in the f1,1lly exec1,1tes location(s) A§reeFRenl ans shall a1,1loFRalically be renewes for s1,1ccessi¥e ~ (1) year f3erioss thereafter, 1,1nless either f3arly liFRely sep;es wrillen notice blf30n the other f3arty of its intention to cancel at least ninety (90) says beforn the TK ELEVATOR CORPORATION I any oth er required info rm at ion can be added here 7/ 14

Item 1F - Page 18
end of the initial ~ (5) year period, or ninety (90) days before the end of any subsequent one (1) renewal period . Till'le is of the essenrn.

The term (length of contract) of maintenance agreements signed under the Omnia Contract may exceed the term of the Omnia Agreement. The terms and conditions of the Omnia Agreement in effect at the date the maintenance agreement is signed will remain in effect for the duration of members local maintenance agreement. Maintenance Agreements can be as long as the Omnia members request provided, they are in accordance with local laws and regulations.

12. AFTER HOURS WORK
All Services are to be provided during Service Provider's regular working hours of its regular working days unless otherwise specified below.

For specified locations marked as " Gold" w ithin t he Exhibit "A", any overtime work requested by the Purchaser, Purchaser agrees to pay us overtime labor at our normal billi ng rates, including travel time , travel expenses, and time spent on the propert y.

For specified locations marked as " Platinum " within the Exhibit "A", any overtime work requested by the Purchaser, Purchaser agrees to pay us for the difference between regular and overtime labor at our normal billing rates, including travel time, travel expenses, and time spent on the property.

For specified locations marked as " Platinum Premier" within the Exhibit "A", for overtime calls involving one mechanic , Contractor will include our services at no additional cost.

13. PRICING:

Pricing (Please See Exhibit A) The Price of Service Provider's service as herein stated shall be specifically set forth on any fully executed Location Agreement (s), payable as agreed upon between the Service Provider and the Purchaser. Those prices are net of all taxes, duties and other levies. Those prices are valid for a period of one (1) year, commencing on the effective date of each r espective Location(s) Agreement. Each such period of one year (365 consecutive days) shall be called a " Fixed Price Period" .

Since Service Provider's costs to provide Purchaser with the Services may increase, the Service Provider shall review and adjust the Monthly Payment Amount for each Location Agreement (s) at the end of each twelve (12) month period. Eighty percent (80%) of the Agreement price for each Location Agreement(s) shall be adjusted to reflect any increase in labor costs based on the straight time rate of elevator mechanics in the local area where the Property is located. The remaining twenty percent (20%) shall be adjusted to reflect any increase in material costs based on the Producer Price Index for Metals and Metal Products as published by the United States Department of Commerce, Bureau of Labor Statistics.

However, in no event shall the total price escalations at the end of each twelve (12) month period be no more than four percent (4%) in any subsequent one (1) year period. Service Provider shall provide thirty (30) days advance written notice to Purchaser of all price adjustments referenced in this paragraph.

Should equipment covered by any Location Agreement be modified by the Purchaser during the pendency of any Location Agreement the parties will endeavor to reach a written agreement on a modified price for the Services applicable to that equipment. Should those parties fail to reach a written agreement on a modified price then that equipment will be removed from the applicable Location Agreement and the applicab le Purchaser shall remain financia lly responsible to the Service Provider for the Service Provider's lost profits associated with the Services originally designated for that piece of equipment at the original, agreed-to price for the remaining term of the applicable Location Agreement.

The price is subject to increase in the event the existing equipment is modified from its present state. A TK E:bPIATOR CORPORATION I aRy other ret::t1.1ire9 infermati on san Be a99e9 here

Item 1F - Page 19
service charge of 1 ½% per month , or the highest legal rate, whichever is less, shall apply to delinquent accounts. Time is of the essence.

14. INSURANCE REQUIREMENTS:

At its sele exf3ense, ServiEe Prn,;ider shall Earry and maintain thrnu§heut the term sf any fully exernted Lerntien /\§reement the insuranEe desEribed belew. The all risk and liabilities f39liEies must eaEh rnntain a f3F9¥isien by whiEh the insurer a§rees that suEh f39liEy shall net be EanEeled exEef3t after thirty (30) days written netirn ts PurEhaser.

Before the rnmmenEement gf the ServiEes, ServiEe Prn,;ider shall submit ts PurEhaser a CertifiEate gf lnsuranEe shewin§ that all insuranrn ret1uirements ha,;e been met. If any f39liEy exf3ires durin§ the term sf any fully exernted LeEatien ,A,§reement(s), it shall autemat iEally be renewed and a new CertifiEate gf lnsuranEe shall be sent immed iately ts PurEhaser. \liforkers' Cemf3ensatien Statuter y Limits
Emf3leyer's Liability $1 ,000 ,000 eaEh aEEident
$1,000 ,000 f39liEy limit disease
$1,000 ,000 disease eaEh emf3l9~1ee
General Liability
This shall indude all majer divisiens gf rnvera§e and be en a rnmmerEia l 9EEurrenEe form . It shall ind ude f3remises 9f3eratiens, f3rnduEts and E9mf3leted 9f3eratiens, rnntraEtua l, and f3ersenal injury.

Limits Primary : $2,000 ,000 eaEh eErnrrenEe Bl &. pg
$2,000 ,000 §eneral a§§re§ate
$2,000 ,000 f3ersenal injury &. ad,;, Injury
/\utemebi le Liability and Prnf3erty Qama§e
This shall be en an 9EEurrenEe basis with a rnmb ined sin§le limit sf $2 ,000 ,000 . It shall inElude all autemebi les e,,.med, leased, hired er nen ewned.

15. PURCHASER RESPONSIBLITIES:

Product Information. Purchaser agrees to provide Service Provider with current wiring diagrams that reflect all changes, part s catalog s, and maintenance instructions for the equipment covered by this agreement. Purchaser agrees to authorize Service Provider to produce single copies of any 9114 TK ELEVATOR CORPORATION I any ot her required informat ion can be added here

Item 1F - Page 20
programmable device(s) used in the equipment for the purpose of archival back up of the software embodied therein. These items will remain Pu rchaser's property.

Safety. Purchaser agrees to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularit ies between elevator examinations. Purchaser agrees to report immediatel y any condition that may indicate the need for correction before the next regular examinat ion. Purchaser agrees to shut down the equipment immediate ly upon manifestation of any irregularit ies in operation or appearance of the equipment , notifying Service Provider at the address and phone number listed on any fully executed Location(s) Agreement at once, and written notice within ten (10) days after any occurrence or accident in or about the elevator. Purchaser agrees to provide Service Provider's person nel a safe place in which to work.

Service Provider reserves the right to discontinue work in the building whenever, in Service Provider's sole opinion , Service Provider's personnel do not have a safe place in which to work. Purchaser agrees to provide a suitable machine room including secured doors, waterproofing , lighting, ventilation and heat to maintain the room at a temperature of 50°F minimum to 90°F maximum . Purchaser also agrees to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, Purchaser will contract with others for removal and the proper handling of such liquids.

Other. Purchaser agrees not to permit others to make alterations, additions , adjustment , or repairs or replace any component or part of equipment during the term of any fully executed Location (s) Agreement. Purchaser agrees to accept Service Provider's judgment as to the means and methods to be employed for any corrective work under this agreement. In the event of the sale, lease or other transfer of the elevator(s) or equipment described in any fully executed Location(s) Agreement, or the premises in which they are located, Purchaser agrees to see that such successor is made aware of that Location(s) Agreement and assumes and agrees to be bound by the terms of those documents for the balance of the Location(s) Agreement , and subject to termination herein provided, or otherwise be liable for the full unpaid balance due for the full unexpired term of the Location(s) Agreement .

Items Not Covered. Service Provider does not cover cosmetic , construction , or ancillary components of the elevator system, including the finishing, repairing or replacement of the cab enclosure , ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, hydraulic elevator jack outer casing, buried piping , alignment of elevator guide rails, smoke and fire sensors, fire service reports, intercommun ication devices, security systems not installed by Service Provider, batteries for emergency lighting and lowering, air conditioners , heaters, ventilation fans and all other items as set forth and excluded in this Agreement.

16. EXCLUSIVITY
This Agreement i s an exclusi ve frame agreement, which means that the Purchaser on ly undertakes to buy the Services , or parts the reof, from the Service Provider from the date that this Agreement is ful ly executed .

17. EXCUSABLE DELAYS
The Service Provider shall not be liable for delay in perform ing or for failure to perform its obligations under this Agreement or any location requirement if such delay or failure results from any of the following causes: (i) Acts of God, (ii) the act of any government or author ity (including the denial or cancellation of any export license or other necessary license), (iii) the outbreak of wars, terrorism , insurrections , (iv) fire, explosion , flood (v) and strike, lock-out or other industr ial action which is beyond the Service Provider's control or (vi) any other cause of any nature which is beyond the applicable Service Provider's control. 10114
TK ELEVATOR CORPORATION I any othe r required information can be adde d h ere

Item 1F - Page 21

18. TERMINATION AND REMEDIES
~ The 5ervice Provider has the right (but not the obligation) to term inate this Agreement or any location Agreement with 3Q day's prior written notice in case of the Purchaser's failure to comply with any terms of this Agreements or any bocation Agreement. Termination of a bocation(s) Agreement shall not ha,,e effect on other existing bocations associated with this Agreement , which shall be completed in accordance with these terms and conditions. If such failure is remedied within the said 3Q days period, this right to term inate shall expire.
~ The provisions of this Agreement, and the right and remedies of a party in the event of the other party's breach under this Agreement (including the breach of any warranty) are cumulati ve and are without prejudice to all other rights and remedies available to it and may have at law or otherwise; no exercise by a party of any one right or remedy under this Agreement, or at law o r otherwise, shall operate so as to hinder or prevent the exercise of any other such right or remedy. However, in no event shall one party to this Agreement be liable to the other party for any i ndirect or consequential loss or damage , including but not limited to loss of profit, loss of production, loss of interest or otherwise, which may be suffered by the other party in connection with the entering into or operation of this Agreement.

19. ASSIGNMENT
Purchaser may not a ssign, transfer, novate, sub-contract or otherwise dispose of any of its rights and obligations under this Agreement without the prior written consent of the Service P rovider.

Notwithstanding the above, Service Provider may w ithout the consent of the Purchaser; use subcontractors for the performance of any Services purchased by the Purchaser under this Agreement or a local agreement. The use of subcontractors to provide Services shall in no way relieve the Service Provider of its responsibilities and obligations towards the Purchaser under this Agreement or a local agreement.

20. HEALTH & SAFETY, ENVIRONMENTAL AND QUALITY
The Service Provider and the Purchaser shall work towards the prevention of accidents aiming for zero accidents and the creation of a safer work environment.

21. ETHICAL COMMITMENT
The Service Provider has an extensive corporate complian ce program and its employees are expected to maintain the highest level of ethical and legal conduct at all times during the term of the Agreement and expects the Purchaser to act in a like manner. Should the Purchaser s uspect that the Service Provider or its employees have engaged in any illegal or unethical conduct, such suspicions must be reported through the Service Provider's toll-free compliance hotline at 1-866-57 2-1739.

22. MISCELLANEOUS

22.1 T he headings in this Agreement shall not affect its interpretat ion.

22.2 Throughout this Agreement , w henever required by context, the use of the singular number shall be construed to include the plural, and the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders.

TK ELEVATOR CORPORATION I any oth er requ ired infor mation can be add ed h ere 11/ 14

Item 1F - Page 22

22.3 Should any term or provision in this Agreemen t shall be held to be illegal or unenfo rceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this Agreement but the validity and enforceabi lity of the remainder of this Agreement shall not be affected .

22.4 The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provision of this Agreement shall not be construed as a waiver or relinqu ishment of that party's right to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect.

22.5 In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this Agreement or to collect any monies due thereunder , either with or without litigation , the prevailing party shall be entitled to recover all costs and reasonab le attorney's fees.

22.6 Purchaser hereby w aives trial by jury and agrees that this Agreement and any applicab le Location(s) Agreeme nt shall be construed and enforced in accordance with the laws of the state where the equipment described on the applicable Location(s) Agreement is located. Purchaser further agrees to jurisdict ion of the courts , both state and Federal, of the state in which the equipment set forth on the applicable Location(s) Agreement is located as to all matters and disputes arising out of this that Location(s) Agreement.

22. 7 The liability of the Service Provider under this Agreement shall not exceed the value of the Services remaining on the then current and unexpired term of the applicable Location(s) Agreement.

22.8 This Agreement supersedes all prior oral or written agreement between the Service Provider and the Purchaser and constitutes the entire agreement between the parties with respect to the services and work performed hereunder.
23 NOTICES
Every notice or other commun ication to be given by either party to the other with respect to this Agreement(s) , shall be given by personal delivery, by facsim ile or by United States registered or certified mail postage prepaid, return receipt requested , addressed as hereinafter provided. Except as otherwise specified herein , the time period in which a response to any notice or other communication must be made, if any, shall commence to run on the earliest to occur of (a) if by personal delivery, the date of receipt, or attempted delivery, if such communication is refused; (b) if given by telecopy, the date on which such telecopy is transmitted and confirmation of delivery, or attempted delivery, thereof is received; and (c) if sent by mail (as aforesaid), the date of receipt or delivery is refused. Until further notice, notices and other commun ications under this Agreement shall be addressed to the parties at:
24 SPECIAL CONSIDERATIONS
For the durat ion of this maintenance agreement , TK Elevator will provide a 30% discount off the standard branch billing rates for non-contract work.

TK ELEVATOR CORPORATION I any ot her requir ed informa t ion can be adde d here 1 2/14

ATTACHMENT B

QUOTE / PRICING

Item 1F - Page 23
Exhibit "A" - Location Pricing & Coverage
Entity Code
Building Name Address State No. Unit UnitType Contract Omnia Pricing Count Type per month
f:1a1R'l SpFiRgs ,l(l(l s Ci>,iG [;Jf f:1a1R'l SpFiRgs .i lclydFat1liG J2latimim ~ ~
~ lQl ~I (:lelaFd9 f:1a1R'l SpFiRgs .i +Fattioo J2latimim ~ ~ ™ IRdiaR CaRy9R .l+a IRdiaR f:1a1R'l SpFiRgs ~ lclydFat1liG J2latimim $+W ~
r __
"
Palm Springs 3400 E Tahquitz Palm Springs 5 3 Hydraulic Platinum $2,350 Regional Canyon Dr 2 Escalators
Airport
14/ 14
TK ELEVATOR CORPORATION I any ot her requ ired information can be added here

ATTACHMENT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

Item 1F - Page 24

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

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

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

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

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

B. "This insurance is primary and non-contributory over any insurance or 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.

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.

Item 1F - Page 25

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

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

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

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

Item 1F - Page 26

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1F - Page 27
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
TK Elevator Corporation
1601 S Sunkist St Anaheim, CA 92806
Evan Schubert
Ryan Bunn
Regional President
Kevin Robertson
Executive Vice President, North America
Delaware
Item 1F - Page 28
~
~
-
..,,
..,,
~
..,,
..,,
..,,
I I

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Business Development Manager
February 7th, 2023
Alan Schulz
100%
TK Elevator Americas Corporation
Item 1F - Page 29

CITY COUNCIL STAFF REPORT
03/09/2023 CONSENT CALENDAR
SUBJECT:

APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP; AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990 TAHQUITZ CANYON WAY LP
RECOMMENDATION:

2. Authorize the City Manager, or designee, to execute the Amendments, including making minor, non-substantive changes, and to sign all documents necessary.

3. Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: MARCH 9, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS BETWEEN THE

SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY
REDEVELOPMENT AGENCY AND 2990 TAHQUITZ CANYON WAY LP;
AND APPROVE AMENDMENT NO. 3 TO REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS BETWEEN THE
HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS AND 2990

TAHQUITZ CANYON WAY LP

FROM: Teresa Gallavan, Interim City Manager

BY: Community & Economic Development Department

SUMMARY:

The City and 2990 Tahquitz Canyon Way LP , a Delaware limited partnership (Owner) , have negotiated to extend the term of Regulatory Agreements for the property located at 2990 East Tahquitz Canyon Way. The development is known as Tahquitz Court Apartments (Project) and is a 107-unit affordable housing development in the City of Palm Springs. In 1993, the Project received financial assistance from the City, as successor to the City’s housing authority and the City’s former Redevelopment Agency. In return, the Project was subject to affordability restrictions to make the units affordable to low - and very-low-income households for a period of 30 years (Regulatory Agr eements). The affordability restrictions expire this year on September 30 and the proposed amendments would extend the Agreements an additional three years (Attachment A - Community Redevelopment Agency Regulatory Agreement Amendment No. 1, and Attachment B - Housing Authority of the City of Palm Springs Regulatory Agreement Amendment No. 3, Amendments).

RECOMMENDATION:

1. Approve Amendment No. 1 to the Regulatory Agreement and Declaration of Covenants and Restrictions between the Successor Agency to the Palm Springs Community Redevelopment Agency and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.

Item 1G - Page 1
City Council Staff Report
March 9, 2023 -- Page 2
Tahquitz Court Apartments

2. Approve Amendment No. 3 to the Regulatory Agreement and Declaration of Restrictive Covenants between the Housing Authority of the City of Palm Springs, a housing authority of the State of California duly organized and existing under the laws thereof, and 2990 Tahquitz Canyon Way LP, a Delaware limited partnership.

3. Authorize the City Manager, or designee, to execute the Amendment s, including making minor, non-substantive changes, and to sign all documents necessary.

BACKGROUND:

Tahquitz Court is a garden-style apartment project that provides 107 units of housing that is affordable for lower income families. The project was originally built in 1963 as the San Carlos Apartments. In 1993, the Corporate Fund for Housing bought the property and rehabilitated it using proceeds from a $3,380,000 tax exempt bond (Palm Springs Housing Authority Financing) . To support the effort, the City approved a $590,000 forgivable grant for rehabilitation costs and bond issuance (Palm Springs Redevelopment Agency Financing) . Each of these entities recorded separate 30-year affordability covenants included in separate Regulatory Agreement s, each guaranteeing the affordability of the project until September 2023.

STAFF ANALYSIS:

2990 Tahquitz Canyon Way LP (“Developer”) is the owner of Tahquitz Court Apartments (“Property”), an apartment complex located at 2 990 E. Tahquitz Canyon Way. As noted above, the Project is subject to certain affordability restrictions, pursuant to R egulatory Agreements with the City, as successor to the City’s housing authority and redevelopment agency, which are set to expire in September of 2023 according to the terms of the Agreements. Despite the need for even more affordable housing units in the City, the Agreements do not obligate the Owner to continue to rent the units out at below market rates after September 2023.

As shown below, the Project has 17 One Bedroom units (13 low -income, 4 very low - income), 74 two- bedroom units (37 low -income, 37 very low -income), and 16 three- bedroom units (14 low-income, 2 very low-income).

Unit Mix

Low-income Very low-income Total

One Bedroom 13 4 17
Two Bedroom 37 37 74
Three Bedroom 14 2 16
Total 64 43 107

Item 1G - Page 2
City Council Staff Report
March 9, 2023 -- Page 3
Tahquitz Court Apartments

The income levels and monthly rents for the households in the Project area shown below:

Income Levels and Rents

Number of.

Bedrooms
Household
Size
Low Income
(80%) Max Rent
1 BR 2 persons $56,350
$1,409
2 BR 3 persons $63,400 $1,585
3 BR 4 persons $70,400 $1,760

Very Low
Income (50%) Max Rent
1 BR 2 persons $35,200 $880
2 BR 3 persons $39,600 $990
3 BR 4 persons $44,000 $1,100

Regulatory agreements are recorded against the property for the term of the affordability restrictions. They include requirements for duration of affordability, monitoring, maintenance, number of bedrooms , l evel of affordability , d etermination of tenant eligibility, and annual certification of incomes . As they currently exist, t he Regulatory Agreements for the Project will expire in September 2023.

In the case of the Project, Owner has expressed a desire to have all the units become market rate units when the Regulatory Agreements expire. Doing so may force several of the residents to deal with rental rates that could be 50% greater than their current rent.

This may also force them to move to housing more in line with what they can afford.

Unfortunately, as is well documented, there is a shortage of low- and very low-income housing units. Given these conditions, the City has negotiated with the Owner to delay the expiration date for an additional three years to allow the current residents more time to plan for the expiration of the Regulatory Agreements and the impact that may have on their quality of life.

The terms of the Amendments include the following:

• The Owner may immediately set new initial rental rates for currently vacant units, regardless of the Rent Stabilization Ordinance.
• Until September 1, 2026, Owner may set new initial rental rates for units that become “Voluntarily or Freely Vacant,” regardless of the Rent Stabilization Ordinance. Voluntarily or Freely Vacant means a unit becomes vacant for any of the following reasons: (i) voluntarily by the tenant; (ii) due to an eviction based on non-payment of rent; (iii) due to an eviction related to tenant not being eligible or Item 1G - Page 3
City Council Staff Report
March 9, 2023 -- Page 4
Tahquitz Court Apartments

failing to recertify as a Low -Income Tenant; or (iv) due to a tenant opting to Rightsize. “Rightsize” means to relocate to a smaller unit within the Project appropriate to the tenant’s family size, without violating any st ate or local occupancy requirements or regulations.
• Until September 1, 2026 , Owner to provide City with a move -out report and any other records to determine the unit became vacant due to tenant’s non- payment of rent.
• Tenants may opt to Rightsize to smaller units, if available, to lower their rent obligation. Owner will be responsible for any relocation payments for Rightsizing until September 1, 2026, and the rental rate must still comply with the maximum permitted under the applicable Regulatory Agreement.
• No payments by the City to extend the Affordability Covenants is required.

It should be noted that on October 17, 2022, the City approved an ordinance prohibiting annual residential real property rental rate increases that exceed ten percent (10%), or five percent (5%) plus local consumer price index, whichever is lower (Rent Stabilization Ordinance). The Rent Stabilization Ordinance will have the effect of slowing the rate of rent increases. The Rent Stabilization Ordinance helps address rising residential rent prices in Palm Springs. However, to persuade Owner to allow the Regulatory Agreements to remain for an additional three years, the proposed Agreements exempt the Owner from this ordinance for initial rent increases for units that are currently vacant and for units that become Voluntarily or Freely Vacant.

As proposed above, the current tenants would have three additional years of affordability (in addition to the months remaining under the current regulatory agreement).

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend regulatory agreements 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
:

There is no fiscal impact to the City General Fund.

Item 1G - Page 4
City Council Staff Report
March 9, 2023 -- Page 5
Tahquitz Court Apartments

REVIEWED BY:

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

ATTACHMENTS:

A. Proposed Successor Agency Regulatory Agreement Amendment No. 1 B. Proposed Housing Authority Regulatory Agreement Amendment No. 3

Item 1G - Page 5

ATTACHMENT A
Item 1G - Page 6

-1-

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Jeff Ballinger, City Attorney
(Space Above This Line for Recorder’s Office Use Only)
This document is recorded at the request and for the benefit of the City of Palm Springs and is exempt from the payment of a recording fee pursuant to Government Code section 27383.

AMENDMENT NO. 1 TO REGULATORY AGREEMENT AND

DECLARATION OF COVENANTS AND RESTRICTIONS
THIS AMENDMENT N O. 1 TO REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS (“ Amendment No. 1”) is made and entered into as of [_______________], 2023 (“Effective Date”), by and between the CITY OF PALM SPRINGS, a charter city and municipal corporation (the “City” or “Successor Agency”), as the successor agency to the Palm Springs Community Redevelopment Agency, a public body corporate and politic (the “ Former Redevelopment Agency ”), and 2990 TAHQUITZ CANYON WAY LP, a Delaware limited partnership (the “Owner”).

R E C I T A L S:

A. On September 28, 1993, Corporate Fund for Housing, a California nonprofit public benefit corporation (the “Original Owner”), and the Former Redevelopment Agency entered into a Regulatory Agreement and Declaration of Covenants and Restr ictions ( the “Regulatory Agreement ”), recorded in the Official Records of the County of Riverside (“ Official Records”) as Document No. 382201 on September 30, 1993. The Regulatory Agreement affects certain real property located at 2890 East Tahquitz Canyon Way in the City of Palm Springs, County of Riverside, State of California (“Property”).

B. The Original Owner assigned all of its rights, title and interest in the Regulatory Agreement to Tahquitz Housing Associates, LP, a California limited partnership (“Tahquitz Associates”), pursuant to that certain Assignment and Assumption of Loan Documents and the Regulatory Agreement dated as of December 15, 2008 and recorded in the Official Records on December 19, 2008 as Document No. 2008-0663042.

C. Tahquitz Associates assigned all of its rights, title and interest in the Regulatory Agreement to Owner pursuant to that certain Assignment and Assumption of Regulatory Agreement and Declaration of Restrictive Covenants Item 1G - Page 7

-2-

dated as of February 3, 2022 and recorded that same day in the Official Records as Document No. 2022-0059021.

D. The Successor Agency is a public body corporate and politic, organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, and the successor to the Former Redevelopment Agency of the City of Palm Springs that was previously a community redevelopment agency organized and existing pursuant to the Community Redevelopment Law, Health and Safety Code section 33000, et seq.

E. Assembly Bill x1 26 ( “AB x1 26”) chaptered and effective on June 27, 2011 added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code and which laws were modified, in part, and determined constitutional by the California Supreme Court in California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861 (“Matosantos”), which laws and court opinion caused the dissolution of all redevelopment agencies and the winding down of the affairs of the former redevelopment agencies; thereafter, such la ws were amended further by Assembly Bill 1484 (“AB 1484”) that was chaptered and effective on June 27, 2012 and by Senate Bill 107 ( “SB 107”) that was chaptered and effective on September 22, 2015 (together, AB x1 26, Matosantos, AB 1484 and SB 107 are referred to as the “Dissolution Laws”). All statutory references herein are to the Health and Safety Code of the Dissolution Laws unless otherwise stated.

F. As of February 1, 2012, the Former Redevelopment Agency was dissolved pursuant to the Diss olution Laws . A s a separate public entity, corporate and politic , the Successor Agency now administers the enforceable obligations of the Former Redevelopment Agency and otherwise unwinds the Former Redevelopment Agency’s affairs.

G. The City is a charter ci ty and municipal corporation organized and operating under the laws of the State of California.

H. On January 4, 2012, the City Council approved a resolution authorizing the City to become the successor to the Agency and assume all rights, powers, obligations, assets, and duties associated with housing activities in accordance with Cal. Health and Safety Code §34176.

I. The City and Owner desire to modify and extend until September 1, 2026 the Regulatory Agreement as set forth in this Amendment No. 1. Upon the te rmination of the Regulatory Agreement on September 1, 2026, all restrictions upon the use and operation of the Project and all its dwelling units imposed by the Regulatory Agreement and Regulatory Agreement and Declaration of Restrictive Covenants dated as of September 1, 1993 , as amended, made with the Former redevelopment Agency and/or the City (the “Bond Regulatory Agreement”), including all rental rate restrictions, shall fully and automatically cease to exist and rental rates for the Project and all it s dwellings may be increased to market rate.

Item 1G - Page 8

-3-

NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Owner hereby agree as follows:

1. Definitions. Section 1.9 of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

1.9 “Qualified Project Period ” - means the period starting with the recordation of the Certificate of Completion and ending on September 1, 2026.

2. Definitions. Section 1.13 is hereby added to the Regulatory Agreement as follows:

1.13 “City” means the City of Palm Springs, a charter city and municipal corporation organized and operating under the laws of the State of California, the successor agency to the Agency.

3. Definitions. Section 1.14 is hereby added to the Regulatory Agreement as follows:

1.14 “Rightsize” - means to relocate to a smaller unit within the Project appropriate to the tenant’s family size, without violating any state or local occupancy requirements or regulations

4. Definitions. Section 1.15 is hereby added to the Regulatory Agreement as follows:

1.15 “Voluntarily or Freely Vacant ” - means a unit that becomes vacant for any of the following reasons: (i) voluntarily by the tenant; (ii) due to an eviction based on non-payment of rent; (iii) due to an eviction related to tenant not being eligible or failing to recertify as a Low Income Tenant under Section 3(c) of this Regulatory Agreement; or (iv) due to a tenant opting to Rightsize under Section 3(a)(4) of this Regulatory Agreement.

5. Residential Rental Property . Section 2 of the Regulatory Agreement, excluding Sections 2(a) -2(g), which remain unchanged, is hereby amended and restated as follows:

The Developer hereby acknowledges and agrees that, until the expiration of the Qualified Project Period, all dwelling units in the Project not exempted from the restrictions of this Regulatory Agreement under the paragraphs below shall be rented such that, to the best of Developer’s ability, forty percent (40%) of such units shall be made available to Very Low Income Tenants and sixty percent (60%) of such units shall be made available to Low Income Tenants.

The units determined to be Voluntarily and Freely Vacant as of March 9, 2023, listed in Exhibit 5, attached hereto and incorporated by reference herein, are fully exempt from the monthly rent restrictions imposed by this Regulatory Item 1G - Page 9

-4-

Agreement or the Bond Regula tory Agreement, but not from any other restrictions of this Regulatory Agreement or Bond Regulatory Agreement.

Notwithstanding the first paragraph in Section 2 above, when any unit becomes Voluntarily or Freely Vacant, all restrictions on monthly rent for such unit, but for no other purposes, imposed by this Regulatory Agreement or the Bond Regulatory Agreement shall fully cease to exist. Prior to any such termination of rental rate restrictions for a unit, City shall have the right to verify the unit became Voluntarily and Freely Vacant in compliance with this Amendment No. 1 and all applicable state and local laws and ordinances. For purposes of City’s verification, Developer shall submit a move -out report to City within ten (10) days following vacation of a unit. City shall have fifteen (15) days following its receipt of the move-out report to provide written notice to Developer approving or disapproving the status of the unit as Voluntarily and Freely Vacant . If City fails to deliver notice of its approval or disapproval, City shall be deemed to have approved the status of the unit as Voluntarily and Freely Vacant. In the event the parties are unable to resolve, in good faith, the disputed status of a unit within ninety (90) days following Developer’s receipt of City’s disapproval notice, the parties shall submit the dispute to binding arbitration, to be held in the Coachella Valley and conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

Upon the termination of the Qualified Project Period on September 1, 2026, all restrictions upon the use and operation of the Project and all its dwelling units imposed by this Regulatory Agreement and the Bond Regulatory Agreement, including all rental rate restrictions, shall fully and automatically cease to exist, and rental rates for the Project and all its dwelling units shall be permitted to increase to market rental rates, subject to any restrictions under then applicable state law.

When a unit becomes exempt from the restrictions imposed by this Regulat ory Agreement or the Bond Regulatory Agreement as provided by the paragraphs above, the initial unrestricted rental rate set by Developer, be it for a previous tenant under a new lease or a new tenant, shall not be subject to Palm Springs Municipal Code ch apters 4.02, 4.04 and 4.08 (“ Rent Control”). During the Qualified Project Period, subsequent establishment of initial rental rates and any increases to existing rental rates for each unit are subject to Rent Control and other applicable law.

6. Very Low Inco me and Low Income Tenants : Section 3(a), excluding Sections 3(a)(2) and 3(a)(3), which remain unchanged, of the Regulatory Agreement is hereby amended and restated in its entirety and Section 3(a)(4) is hereby added as follows:

(a) During the Qualified Project Period:

Item 1G - Page 10

-5-

(1) Forty percent (40%) of the units in the Project not exempted from the restrictions of this Regulatory Agreement by Section 2 above shall be designated as Very Low Income Units and shall be continuously occupied by Very Low Income Tenants. Sixty percent (60%) of the units in the Project not exempted from the restrictions of this Regulatory Agreement by Section 2 above shall be designated as Low Income Units and shall be continuously occupied by Low Income Tenants. Such Very Low Income Units and Low Income Units shall be distributed throughout the Project, be of comparable quality as the exempt units, and to the best of Developer’s ability, offer a number of bedrooms and range of sizes proportionate to that found in the total units in the Project. Any reasonable deviation from the required 40 %-60% split between Very Low Income Units versus Low Income Units resulting from permitted exemptions pursuant to Section 2 above shall not be a violation of this Regulatory Agreement.

(4) Developer may request that tenants in Low Income Units and Very Low Income Units opt to Rightsize if units with the appropriate number of bedrooms for the household size , in accordance with Sections 3(a)(2) and 3(a)(3) of this Regulatory Agreement, are available. Notwithstanding anything to the contrary in this Regulatory Agreement, t he monthly rent f or any tenant that opts not to Rightsize may be increased to the maximum permitted amount for a Very Low Income Unit or Low Income Unit, as applicable, under Sections 3(a)(2) and 3(a)(3) of this Regulatory Agreement , and such increase shall not be subject to Rent Control. Any tenant that opts to Rightsize will be assessed a new rental payment based on the size of the new, smaller unit and, during the Qualified Project Period, in compliance with the terms of this Regulatory Agreement.

Developer shall be sole ly responsible for payment of all costs, expenses, and payments required to be made or incurred pursuant to any and all applicable relocation laws and regulations, including, without limitation, the relocation obligations of the California Relocation Assis tance Act, Government Code Section 7260, et seq. and the implementing regulations thereto set forth in Title 25, Section 6000, et seq. of the California Code of Regulations.

A unit occupied by a Very Low Income Tenant or a Low Income Tenant who at the commencement of the occupancy is a Very Low Income Tenant or a Low Income Tenant, respectively, shall be treated as occupied by a Very Low Income Tenant or a Low Income Tenant, respectively, until a recertification of such tenant’s income in accordance with S ection 3(c) below demonstrates that such tenant no longer qualifies as a Very Low Income Tenant or a Low Income Tenant. A unit previously occupied by a Very Low Income Tenant or a Low Income Tenant and then vacated shall be considered occupied by a Very Lo w Income Tenant or a Low Income Tenant until reoccupied.

7. Very Low Income and Low Income Tenants : Section 3(c) of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

Item 1G - Page 11

-6-

(c) Immediately prior to the first anniversary date of the occupancy of a Very Low Income Unit or Low Income Unit by one or more Very Low Income Tenants or Low Income Tenants, respectively, and on each anniversary date thereafter, the Developer shall recertify the income of the occupants of such Very Low Incom e Unit or Low Income Unit by obtaining a completed Income Computation and Certification based upon the current income of each occupant of the unit. In the event the recertification demonstrates that such household’s income exceeds one hundred forty percent (140%) of the income at which such household would qualify as Very Low Income Tenants or Low Income Tenants, such household will no longer qualify as a Very Low Income Tenant or Low Income Tenant; provided that, however, if the occupants were qualified as Very Low Income Tenants, then the occupants will be qualified as Low Income Tenants, if the occupants satisfy the requirements specified in Section 3(a)(3) above upon recertification . If the occupants do not qualify as Low Income Tenants, then the lease shall not be renewed and said occupants shall be required to vacate the unit upon the expiration of the lease. Developer shall provide the City with a copy of each such recertification with the next submission of Certificate of Continuing Program Compliance pursuant to Section 3(d).

8. Compliance With Ordinances : Section 5.1 of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

5.1 Declarant shall comply with all ordinances, regulations and standards of the City that are applicable to the Property. As provided in Section 2, however, the initial unrestricted rental rates set by the Developer following unit exemption shall not be subject to Rent Control. Increases to the amount of monthly rent as permitted by Section 3(a)(4) for refusal to Rightsize shall not be subject to Rent Control.

9. Good Faith Negotiations . After expiration of the Qualified Project Period, Successor Agency or City may request that Ow ner negotiate in good faith with regard to the consideration to be paid by Successor Agency or City in order to extend affordable restrictions on any units in the Project beyond the expiration of the Qualified Project Period. In entering into such good fai th negotiations, no party is or will be deemed to have agreed to any such extension or the price to be paid for any such extension as to any Unit unless such an agreement is made in writing and executed by all parties.

10. Settlement. Each of the parties ack nowledges that this Amendment No. 1 is for settlement purposes and relates to the avoidance of the fees, costs, expenses, and risks associated with the litigation of potential claims and defenses and the preclusion of any potential actions described herein .

Therefore, the parties agree that this Amendment No. 1 is not to be treated or construed, at any time or in any manner whatsoever, as an admission by any party of wrongdoing, fault, violation of law, or liability of any kind, as of the Effective Date, of any allegations or claims arising out of or connected to the Item 1G - Page 12

-7-

Project, the Regulatory Agreement, or Palm Springs Municipal Code chapters

4.02, 4.04, and 4.08.

a. Except as set forth in this Amendment No. 1, Owner, on behalf of itself and its successors and assigns, releases City and its council members, officials, officers, employees, attorneys, contractors, agents, and representatives from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, or causes of acti on that Owner has or had, as of or prior to the Effective Date, out of or connected to the Project, the Regulatory Agreement, or the implementation, enforcement, or other application of the Palm Springs Municipal Code chapters 4.02, 4.04, and 4.08, whether known, unknown, or suspected.

b. Except as set forth in this Amendment No. 1, City releases Owner and its managers, members, officers, employees, contractors, agents, and representatives, from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, or causes of action that City has or had, as of or prior to the Effective Date, arising out of or connected to the Project or the Regulatory Agreement, whether known, unknown, or suspected.

c. California Civil Code Section 1542. Contingent upon the full completion of the terms of this Amendment No. 1, it is the intention of the parties that the mutual release made herein shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities, and demands of any character, nature, and kind, known or unknown, suspected or unsuspected, as of or prior to the Effective Date, regarding the subject matter of this Amendment No. 1; in furtherance of which intention the parties expressly waive any and all right and benefit conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW O R

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
______________________
City Owner

The parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. The parties expressly agree that the release provision herein contained shall be given full force and effect in accordance with each and all of the express terms and provisions herein, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands, and causes of action hereinabove specified. The parties specifically agree to assume t he risk of the subsequent discovery or understanding of Item 1G - Page 13

-8-

any matter, fact, or law which if now known or understood would in any respect have affected this Amendment No. 1

11. Except as otherwise expressly provided in this Amendment No. 1, all of the terms and conditions of the Regulatory Agreement shall remain in full force and effect.

12. In the event of any action between City and Owner seeking enforcement of any of the terms and conditions to this Amendment No. 1, the prevailing party in such action shall be aw arded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney’s fees.

13. This Amendment No. 1 shall be construed according to its fair meaning and as if prepared by both parties hereto.

14. This Amendment No. 1 shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 1.

15. This Amendment No. 1 may be executed in counterparts, each of which, when this Amendment No. 1 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument.

16. The person(s) executing this Amendment No. 1 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1 such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which such party is bound.

Item 1G - Page 14

-9-

IN WITNESS WHEREOF, the City and Owner have executed this Amendment No. 1 to Regulatory Agreement and Declaration of Covenants and Restricti ons by duly authorized representative on the date first written above.

“CITY”

CITY OF PALM SPRINGS,
a charter city and municipal corporation

By:

Date:_ __________________, 2022

ATTEST:

By:

APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP

By:

Jeff Ballinger
City Attorney

Item 1G - Page 15

-10-

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

State of California
County of )
On ________________, before me,
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (Seal)

Item 1G - Page 16

-11-

IN WITNESS WHEREOF, the City and Owner have executed this Amendment No. 1 to Regulatory Agreement and Declaration of Covenants and Restrictions by duly authorized representative on the date first written above.

“OWNER”
2990 TAHQUITZ CANYON WAY LP,
a Delaware limited partnership
By: Tahquitz GP LLC,
a Delaware limited liability company,
its Administrative General Partner

By:

Elizabeth Hagins
Authorized Signatory
Date:___________________, 2022

Item 1G - Page 17

-12-

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

WITNESS my hand and official seal.

Signature (Seal)

Item 1G - Page 18

EXHIBIT “5”

TO REGULATORY AGREEMENT

Unit Number Floor

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. Item 1G - Page 19

ATTACHMENT B
Item 1G - Page 20

-1-

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Housing Authority of the
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
Attn: Jeff Ballinger, City Attorney
(Space Above This Line for Recorder’s Office Use Only)
This document is recorded at the request and for the benefit of the City of Palm Springs and is exempt from the payment of a recording fee pursuant to Government Code section 27383.

AMENDMENT NO. 3 TO REGULATORY AGREEMENT

AND DECLARATION OF RESTRICTIVE COVENANTS
THIS AME NDMENT NO. 3 TO REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS (“Amendment No. 3 ”) is made and entered into as of [ _______________], 2023 (“ Effective Date ”), by and between the HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS, a housing authori ty of the State of California duly organized and existing under the laws thereof (the “ Authority”), the CITY OF PALM SPRINGS, a charter city and municipal corporation (the “City”), and 2990 TAHQUITZ CANYON WAY LP, a Delaware limited partnership (the “Owner”).

R E C I T A L S:

A. The Authority, Corporate Fund for Housing, a California nonprofit public benefit corporation (the “Original Owner”), and Seattle-First National Bank, as trustee, are parties to that certain Regulatory Agreement and Declaration of Restrictive Covenants ( “Initial Regulatory Agreement”) dated as of September 1, 1993 and recorded on September 30, 1993 in the Official Records of Riverside County, California (“Official Records”) as Instrument No. 382200, affecting certain real property located at 2890 East Tahquitz Canyon Way in the City of Palm Springs, County of Riverside, State of California (“Property”). The Initial Regulatory Agreement was executed in connection with the issuance of $3,380,000.00 Housing Authority of the City of Palm Springs Multifamily Housing Mortgage Revenue Bonds (Tahquitz Court Apartments) (“Bonds”), and provides for certain terms, conditions, covenants and restrictions relating to a low income multi-family housing project located on the Property.

B. The Initial Regulatory Agreement was modified by that certain Modification of Regulatory Agreement by and among the Original Owner, Tahquitz Housing Associates, LP, a California limited partnership (“Tahquitz Associates”), and the Authority, dated December 15, 2008 and recorded in the Item 1G - Page 21

-2-

Official Records on December 19, 2008 as Document No. 2008 -0663040 (the “First Modification”).

C. The Original Owner assigned all of its right, title, and interest, and its obligations and liabilities under the Regu latory Agreement, as modified by the First Modification, to Tahquitz Associates pursuant to that certain Assignment and Assumption of Regulatory Agreement by and between the Original Owner and Tahquitz Associates, dated as of December 15, 2008 and recorded in the Official Records on December 19, 2008 as Document No. 2008- 0663043 (the “First Assignment”).

D. The Initial Regulatory Agreement was further modified by that certain Second Modification of Regulatory Agreement by and between Tahquitz Associates and the Authority dated as of April 10, 2012 and recorded in the Official Records on April 12, 2012 as Document No. 2012 -0166753 (the “Second Modification”)
E. Tahquitz Associates assigned to Owner all of Tahquitz Associates’ right, title, and interest, an d its obligations and liabilities under the Initial Regulatory Agreement, as modified by the First Modification and the Second Modification, pursuant to that certain Assignment and Assumption of Regulatory Agreement and Declaration of Restrictive Covenants dated as of February 3, 2022 and recorded that same day in the Official Records as Document No. 2022-0059022 (“Second Assignment” and together with the Initial Regulatory Agreement, the First Modification , the Second Modification and the First Assignment, the “Regulatory Agreement”).

F. The Bonds have been redeemed and paid in full, and as of the date hereof no Bonds are outstanding.

G. The City is a charter city and municipal corporation organized and operating under the laws of the State of California.

H. The Authority, the City and Owner desire to modify and extend until September 1, 2026 the Regulatory Agreement as set forth in this Amendment No. 3 . Upon the termination of the Regulatory Agreement on September 1, 2026, all restrictions upon the use and operation of the Project and all its dwelling units imposed by the Regulatory Agreement and the concurrently executed Regulatory Agreement and Declaration of Covenants and Restrictions dated September 28, 1993, as amended, made with the Co mmunity Redevelopment Agency of the City of Palm Springs and/or the City (the “Agency Regulatory Agreement ”), including all rental rate restrictions, shall fully and automatically cease to exist and rental rates for the Project and all its dwellings may be increased to market rate.

Item 1G - Page 22

-3-

1. Recitals. The Regulatory Agreement’s fourth recital is hereby amended and restated in its entirety as follows:

WHEREAS, the Owner will rent or lease or will hold available for rent or occupancy at Affordable Rents (as herein defined) dwelling units in the Project to individuals or families of lower income, as herein defined, all for the public purpose of assisting such individuals and families to afford the costs of decent, safe and sanitary housing; and

2. Definitions and Interpretations . The definition of City is hereby added to Section 1 of the Regulatory Agreement as follows:

“City” means the City of Palm Springs, a charter city and municipal corporation organized and operating under the laws of the State of California.

3. Definitions and Interpretation s. The definition of Qualified Project Period in Section 1 of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

“Qualified Project Period” means the period beginning on the first day on which 10% of the dwelling units in the Project were occupied and ending on September 1, 2026.

4. Definitions and Interpretations. The definition of Rightsize is hereby added to Section 1 of the Regulatory Agreement as follows:

“Rightsize” means to relocate to a smaller unit within the Project appropriate to the tenant’s family size, without violating any state or local occupancy requirements or regulations.

5. Definitions and Interpretations . The definition of Voluntarily or Freely Vacant is hereby added to Section 1 of the Regulatory Agreement as follows:

“Voluntarily or Freely Vacant” means a unit that becomes vacant for any of the following reasons: (i) voluntarily by the tenant; (ii) due to an eviction based on non-payment of rent; (iii) due to an eviction related to tenant not being eligible or failing to recertify as a Lower -Income Tenant under Section 4(i) of this Regulatory Agreement; or (iv) due to a tenant opting to Rightsize under Section 4(a)(v) of this Regulatory Agreement.

6. Lower-Income Tenants. Section 4(a) and 4(b) of the Regulatory Agreement are hereby amended and restated in its entirety as follows:

(a) During the Qualified Project Period or as long as any of the Bonds remain Outstanding, unless unfeasible due to the unit exemptions provided in Item 1G - Page 23

-4-

subsections (i) and (ii) below, 20% of the completed dwelling units in the Project are and will be occupied, or available for occupancy, by Lower-Income Tenants on a continuous basis.

(i) The units determined to be Voluntarily and Freely Vacant as of March 9, 2023, listed in Exhibit C, attached hereto and incorporated by reference herein, are fully exempt from the restrictions on Affordable Rents imposed by this Regulatory Agreement or the monthly rent restrictions imposed by the Agency Regulatory Agreement, but not from any other restrictions of this Regulatory Agreement or Agency Regulatory Agreement.

(ii) Notwithstanding Section 4(a), when any unit becomes Voluntarily or Freely Vacant, all restrictions on Affordable Rents or monthly rents for such unit, but for no other purposes, imposed by this Regulatory Agreement or the Agency Regulatory Agreement shall fully cease to exist. Prior to any such termination of rental rate restrictions for a unit, City shall have the right to verify the unit became Voluntarily and Freely Vacant in compliance with this Amendment No. 3 and all applicable state and local laws and ordinances. For purposes of City’s verification, Owner shall submit a move-out report to City within ten (10) days following vacation of a unit . City shall have fifteen (15) days following its receipt of the move-out report to provide written notice to Owner approving or disapproving the status of the unit as Voluntarily and Freely Vacant. If City fails to deliver notice of its approval or di sapproval, City shall be deemed to have approved the status of the unit as Voluntarily and Freely Vacant. In the event the parties are unable to resolve, in good faith, the disputed status of a unit within ninety (90) days following Owner’s receipt of City ’s disapproval notice, the parties shall submit the dispute to binding arbitration, to be held in the Coachella Valley and conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

(iii) Upon the termination of the Qualified Project Period on September 1, 2026, all restrictions upon the use and operation of the Project and all its dwelling units imposed by this Regulatory Agreement and the Agency Regulatory Agreement, including all rental rate restrictions, shall fully and automatically cease to exist, and rental rates for the Project and all its dwelling units shall be permitted to increase to market rental rates, subject to any restrictions und er then applicable state law.

(iv) When a unit initially becomes exempt from the rental rate restrictions imposed by this Regulatory Agreement or the Agency Regulatory Agreement as provided by subsections (i), (ii) and (iii) above, the initial unrestricted rental rate set by Owner for such unit, be it for a previous tenant under a new lease or a new tenant, shall not be subject to Palm Springs Municipal Code chapters 4.02, 4.04 and 4.08 (“ Rent Control”). During the Qualified Project Period, subsequent establishment of initial rental rates and any increases to existing rental rates for each unit are subject to Rent Control and other applicable law.

Item 1G - Page 24

-5-

(v) Owner may request that tenants in Lower -Income Units opt to Rightsize if units with the appropriate numbe r of bedrooms for the ho usehold size, in accordance with the definition of Affordable Rents, are available .

Notwithstanding anything to the contrary in this Regulatory Agreement, the monthly rent for any tenant that opts not to Rightsize may be increased t o the maximum permitted amount of Affordable Rents, and such increase shall not be subject to Rent Control. Any tenant that opts to Rightsize will be assessed a new rental payment based on the size of the new, smaller unit and, during the Qualified Project Period, in compliance with the terms of this Regulatory Agreement. Owner shall be solely responsible for payment of all costs, expenses, and payments required to be made or incurred pursuant to any and all applicable relocation laws and regulations, inclu ding, without limitation, the relocation obligations of the California Relocation Assistance Act, Government Code Section 7260, et seq. and the implementing regulations thereto set forth in Title 25, Section 6000, et seq. of the California Code of Regulations.

(b) The Owner will not give preference to any particular class or group in renting the dwelling units in the Project except to the extent that dwelling units are required to be occupied or held available for occupancy by Lower -Income Tenants. Tenants in the Lower -Income Units will have equal access to and enjoyment of all common facilities of the Project. All of the dwelling units in the Project shall be leased or rented, or available for lease or rental, to the general public and the Lower -Income Tenants, and, until expiration of the Qualified Project Period, the Owner shall advise the City, the Authority, and any Administrator, Credit Bank, and Trustee by delivery, on a quarterly basis, of a certificate in writing of such designation of Lower-Income Units and of any revisions thereof. Units so designated shall be intermingled throughout the Project with all other dwelling units and shall be of comparable quality and offer a range of sizes and number of bedrooms comparable to units in the Projec t which are not Lower-Income Units.

7. Lower-Income Tenants : Section 4(d) of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

(d) During the Qualified Project Period or as long as any of the Bonds remain Outstanding, subject to the exemptions in Section 4(a), the Owner will rent or lease the Lower-Income Units to Lower-Income Tenants.

8. Lower-Income Tenants: Section 4(i) of the Regulatory Agreement is hereby amended and restated in its entirety as follows:

(i) Immediately prior to the first anniversary date of the occupancy of a Lower-Income Unit by one or more Lower -Income Tenants, and on each anniversary date thereafter, the Owner shall recertify the income of the occupants of such Lower-Income Unit by obtaining a completed Certification of Tenant Eligibility based upon the current income of each occupant of the Unit.

In the event the recertification demonstrates that such household's income Item 1G - Page 25

-6-

exceeds 140% of the income at which such household would qualif y as Lower- Income Tenants, such household will no longer qualify as a Lower -Income Tenant under this Regulatory Agreement. A household that no longer qualifies under the income restrictions of this Regulatory Agreement and that does not qualify under the income restrictions of the Agency Regulatory Agreement shall be required to vacate the Lower-Income Unit upon the expiration of their lease.

Owner shall provide the City, the Authority, and any Administrator, Credit Bank, and Trustee with a copy of each such recertification within thirty (30) days of such anniversary.

9. Good Faith Negotiations . After expiration of the Qualified Project Period, City or Authority may request that Owner negotiate in good faith with regard to the consideration to be paid by City or Authority in order to extend affordable restrictions on any units in the Project beyond the expiration of the Qualified Project Period. In entering into such good faith negotiations, no party is or will be deemed to have agreed to any such extension or the price to be paid for any such extension as to any unit unless such an agreement is made in writing and executed by all parties.

10. Settlement. Each of the parties acknowledges that this Amendment No. 3 is for settlement purposes and relates to the avoidance of the fees, costs, expenses, and risks associated with the litigation of potential claims and defenses and the preclusion of any potential actions described herein.

Therefore, the parties agree that this Amendment No. 3 is not to be treated or construed, at any time or in any manner whatsoever, as an admission by any party of wrongdoing, fault, violation of law, or liability of any kind, as of the Effective Date, of any allegations or claims arising out of or connected to the Project, the Regulatory A greement, or Palm Springs Municipal Code chapters

4.02, 4.04, and 4.08.

a. Except as set forth in this Amendment No. 3, Owner, on behalf of itself and its successors and assigns, releases City and Authority and their respective council and board members, off icials, officers, employees, attorneys, contractors, agents, and representatives from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, or causes of action that Owner has or had, as of or prior to the Effective Date, ou t of or connected to the Project, the Regulatory Agreement, or the implementation, enforcement, or other application of the Palm Springs Municipal Code chapters 4.02, 4.04, and 4.08, whether known, unknown, or suspected.

b. Except as set forth in this Amendment No. 3, City and Authority release Owner and its managers, members, officers, employees, contractors, agents, and representatives, from any and all claims, demands, liabilities, obligations, costs, expenses, fees, actions, or causes of action that City or Authority has or had, as of or prior to the Effective Date, arising out of or connected to the Project or the Regulatory Agreement, whether known, unknown, or suspected.

Item 1G - Page 26

-7-

c. California Civil Code Section 1542. Contingent upon the full completion of the terms of this Amendment No. 3 , it is the intention of the p arties that the mutual release made herein shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities, and demands of any character, nature, and kind, known or unknown, suspected or unsuspected, as of or prior to the Effective Date, regarding the subject matter of this Amendment No. 3 ; in furtherance of which intention the parties expressly waive any and all right and benefit conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.”
______________________ ______________________
City Authority Owner

The parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately. The p arties expressly agree that the release provision herein contained shall be given full force and effect in accordance with ea ch and all of the express terms and provisions herein, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands, and causes of act ion hereinabove specified. The p arties specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact, or law which if now known or understood would in any respect have affected this Amendment No. 3

11. Except as otherwise expressly provided in this Amendment No. 3, all of the terms and conditi ons of the Regulatory Agreement shall remain in full force and effect.

12. In the event of any action between City, Authority and Owner seeking enforcement of any of the terms and conditions to this Amendment No. 3, the prevailing party in such action shall b e awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney’s fees.

13. This Amendment No. 3 shall be construed according to its fair meaning and as if prepared by both parties hereto.

14. This Amendment No. 3 shall be governed by the laws of the State of California and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California Item 1G - Page 27

-8-

in and for the County of Riverside shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 3.

15. This Amendment No. 3 may be executed in counterparts, each of which, when this Amendment No. 3 has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument.

16. The person(s) executing this Amendment No. 3 on behalf of each of the parties hereto represent and warrant that (i) such par ty is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3 such party is formally bound to the provisions of this Amendment No. 3, and (iv) the entering into this Amendment No. 3 does not violate any provision of any other agreement to which such party is bound.

[End – Signature Pages Follow]
Item 1G - Page 28

-9-

IN WITNESS WHEREOF, the Authority, City and Owner have executed this Amendment No. 3 to Regulatory Agreement and Declaration of Covenants and Restrictions by duly authorized representative on the date first written above.

“AUTHORITY”

HOUSING AUTHORITY OF

THE CITY OF PALM SPRINGS

By:

Date:___________________, 2022

ATTEST:

By:

APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP

By:

Jeff Ballinger
City Attorney

Item 1G - Page 29

-10-

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

WITNESS my hand and official seal.

Signature (Seal)

Item 1G - Page 30

-11-

ACCEPTED AND AGREED:

“CITY”

CITY OF PALM SPRINGS,
a charter city and municipal corporation

By:

Date:_ __________________, 2022

ATTEST:

By:

APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP

By:

Jeff Ballinger
City Attorney

Item 1G - Page 31

-12-

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

WITNESS my hand and official seal.

Signature (Seal)

Item 1G - Page 32

-13-

“OWNER”
2990 TAHQUITZ CANYON WAY LP,
a Delaware limited partnership
By: Tahquitz GP LLC,
a Delaware limited liability company,
its Administrative General Partner

By:

Elizabeth Hagins
Authorized Signatory
Date:_ __________________, 2022

Item 1G - Page 33

-14-

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

WITNESS my hand and official seal.

Signature (Seal)

Item 1G - Page 34

EXHIBIT “C”

TO REGULATORY AGREEMENT

Unit Number Floor

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. Item 1G - Page 35

CITY COUNCIL STAFF REPORT
03/09/2023
SUBJECT:

ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD

FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES, THROUGH THE

COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT DEPARTMENT, IN THE AMOUNT OF $13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY OPERATIONS CENTER
RECOMMENDATION:

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: M ARCH 9, 2023 CONSENT CALENDAR

SUBJECT: ACCEPT AN EMERGENCY MANAGEMENT PERFORMANCE GRANT

AWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES,

THROUGH THE COUNTY OF RIVERSIDE EMERGENCY MANAGEMENT
DEPARTMENT, IN THE AMOUNT OF $ 13,062 TO BE USED TOWARDS THE PURCHASE OF EQUIPMENT FOR THE CITY’S EMERGENCY

OPERATIONS CENTER

FROM: Teresa Gallavan, Interim City Manager

BY: Fire Department, Emergency Management

SUMMARY:

It is recommended that the City Council accept an Emergency Management Performance Grant award in the amount of $13,062 from the California Office of Emergency Services, through the County of Riverside Emergency Management Department , to be used towards the purchase of computers for the City’s Emergency Operations Center.

RECOMMENDATION:

1. Approve the acceptance of a 202 2 Emergency Management Performance Grant Award from the California Office of Emergency Services (CalOES), through the County of Riverside Emergency Management Department, in the amount of $13,062.

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

STAFF ANALYSIS:

The Emergency Management Performance Grant (EMPG ), provides state, local, tribal , and territorial emergency management agencies with the resources required for implementation of the National Preparedness System and works toward the National Preparedness Goal of a secure and resilient nation. The EMPG’s allowable costs support efforts to build and sustain core capabilities across the prevention, protection, mitigation, response, and recovery mission areas.

The City of Palm Springs , as a subrecipient of the County of Riverside Emergency Management Department, has been awarded $13,062 to be used specifically towards the purchase of laptop computers for the City’s Emergency Operations Center (EOC). These laptops will enhance and support EOC operations in preparedness and response to Item 1H - Page 1
City Council Staff Report
March 9, 2023 – Page 2
Accept SHSP Grant Funding

emergencies and disasters. The purchase of these laptops will enable the EOC to quickly activate and operate during an emergency. The EMPG is a reimbursement grant. The City must purchase equipment and request reimbursement through Riverside County EMD by January 2024.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Priority 4D, Good Governance.

FISCAL IMPACT
:

Appropriate $13,062 in General Fund revenues and expenditures.

REVIEWED BY:

Emergency Manager: Daniel DeSelms
Acting Department Director: Jason Loya
Acting Director of Finance: Kristopher Mooney
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A.) FY22 EMPG Enclosures
B.) Resolution

Item 1H - Page 2

ATTACHMENT A

Item 1H - Page 3
couvrraemvns/DF
Emergency Management Department
Bruce Barton, Director
Emergency Management Department
1 /25/2023
City of Palm Springs
Nancy Pauley, Director of Finance
Kevin Nalder, Fire Chief
Daniel DeSelms, Emergency Services Coordinator
RE: FY22 Emergency Management Performance Grant Program (EMPG) Award -
$13,062
Grant # 2022-0005 CFDA#: 97.042
The California Office of Emergency Services (CalOES) has approved Riverside County's FY 22 Emergency Management Performance Grant Program (EMPG) application and has authorized the commencement of reimbursement requests. The performance period of this grant is July 1, 2022 (for personnel) January 25, 2023 (for equipment) — December 31, 2023. Final reimbursement requests are due no later than January 10, 2024.

Please remember that changes to your grant will require the approval of the OA prior to incurring any costs. All modifications, EHP's, sole source procurement, EOC, and construction requests require additional approvals from CalOES through the OA prior to incurring any costs. Some of your projects may require these additional approvals.

Grant funds must be used to supplement existing funds, not replace funds that have been appropriated for the same purpose. Your Agency must not make or permit any award at any tier, to any party that is debarred. Documentation of eligibility must be obtained prior to making any agreement/payment with a vendor funded by EMPG funds. It is the Agency's responsibility to obtain all additional approvals prior to expending the funds. Your Agency will also be responsible for providing all necessary documentation for reimbursements. If you are purchasing maintenance agreements, upgrades, service fees, etc. for your equipment or continuation of a service it is your responsibility to provide proof that these costs follow the guidelines of the grant.

A signed FY 22 Grant Assurance and a signed Financial Management Forms Workbook (FMFW) Facesheet is required to be submitted to Riverside County EMD as soon as possible. Modifications and Reimbursement Requests cannot be processed until these documents are received. Please also note that this grant has a dollar- for-dollar match requirement.

By accepting this subaward, it is understood that your agency agrees to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY 22 EMPG Grant Assurances, federal and state guidance, the Federal Single Audit Act of 1984 and amendment of 1996, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

Please feel free to contact me for any further assistance.

Sincerely,
Louis Le
Administrative Services Analyst II
[email protected]
951-955-8525
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 F: 951.358.7105 WEB: WWW.RIVCOREADY.ORG + TDD: 951.358.5124 Item 1H - Page 4
~-' , il'NTY OF RIVERS/OE
~ Mtl
1/25/2023
City of Palm Springs
Nancy Pauley, Director of Finance
Kevin Nalder, Fire Chief
Daniel DeSelms, Emergency Services Coordinator
Bruce Barton, Director
Emergency Management Departm ent
RE: FY22 Emergency Management Performance Grant Program (EMPG) Award - $13,062 Grant# 2022-0005 CFDA#: 97.042
The California Office of Emergency Services (CalOES) has approved Riverside County's FY22 Emergency Management Performance Grant Program (EMPG) application and has authorized the commencement of reimbursement requests. The performance period of this grant is July 1, 2022 (for personnel) January 25, 2023 (for equipment) - December 31, 2023. Final reimbursement requests are due no later than January 10, 2024.

A signed FY22 Grant Assurance and a signed Financial Management Forms Workbook (FMFW) Facesheet is required to be submitted to Riverside County EMO as soon as possible. Modifications and Reimbursement Requests cannot be processed until these documents are received. Please also note that this grant has a dollar for-dollar match requirement.

By accepting this subaward, it is understood that your agency agrees to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY22 EMPG Grant Assurances, federal and state guidance, the Federal Single Audit Act of 1984 and amendment of 1996, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMO.

Please feel free to contact me for any further assistance.

Sincerely,
Louis Le
Administrative Services Analyst II
[email protected]
951-955-8525
450 E. A LESSANDRO B LVD
RIVERSIDE, C ALIFORNIA 9250 8
T: 951.358.7100 • F: 951.358 .7105 • W EB: WWW.R IVCOR EADY.ORG • TDD: 951.358.5124 cal OES #
CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use only)

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
Subaward 2022-0005
The California Governods Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:

I. Subrecipient: City of Palm Sprinqs

2. Implementing Agency:

3. Implementing Agency Address:

City of Palm Springs

4. Location of Project:

5. Disaster/Program Title:

7. Indirect Cost Rate:
palm Springs
3200 Tahquitz Canyon Way
(Street)
(City)

6. Performance /
Emergency Management Performance Grant
N/A
la. UEI:

20. UEI:

Palm Springs
(City)
Riverside
(County)
Julv l, 2022
(Start Date)
to
Budget Period:

M8 IQLC23JVX5
M81 QLC23JVX5
92262-6968
(Zip+4)
92262-6968
(ZiP+4)
(End Date)
Federally Approved ICR (if applicable):

Item
Number

8. 9.

10. 11.

12. Total
Grant
Year
2022
Project
Fund
Source
EMPG
Cost
A. State B. Federal
$13,062
$13,062
C. Total
$13,062
$13,062
D. Cash Match
$1 3,062
$13062
E. In-Kind Match F. Total Match
$13,062
13,062
G. Total cost
$26, 124
$26, 124

13. Certification
- This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the Assurances/Certifications. I hereby certify I
am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

14. CA public Records Act
-
Grant applications are subject to the California Public Records Act, Government Code section 6250 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:

Name: Jason Loya
Tah uitz Can
Title:

City:Payment Mailing Address:

Signature:

16. Federal Employer ID Number:
on Wa
95-6000757
Fire Chief
Palm Springs
Date:

Zip Code+4:
(FOR Cal OES USE ONLY
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. 92262-6968
(Date)(Cal OES Fiscal Officer)
FY 2022 EMPG FMFW (Macro) v.22
(Date) (Cal OES Director or Designee)
I of I Grant Subaward Face Sheet Cal OES 2-101 (Revised 01 /2022) Item 1H - Page 5
Col OES #
CALIFORNIA GOVER NOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) (Cal OES Use Only)
FIPS # VS#

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET
The Cali 'ornia Governor's Office of Emergen cy Services (Cal OES) hereby makes a Grant Subawa rd of funds to the following:

Subaward # 2022-0005

1. Subreclpient: City o f Palm Spring s 1 a . UEI: -------' M-'B"'"l'"'Q"'L'"'C'"'2"'3"'"JV'"'X""5'-----

2. Implementing Agency : _ _ C_it~y_o_f _Pa_lm~Sp~n_·n_g-s ___ _ ___ __________ _ 2a. UEI: M81QLC23JVX5 --- -------- - --

3. Implementing Agency Address: ...c3.;,;20.,.0~T'-7a"-'h~g""u'""it=z-'C'"'a""n'-<y...Co~n_W_a"'"y,__ ______ ___ '""P-=acclm-,'-'S=p~ri~n=g~s ----- - --- -;.,92.,.2=6c;,2'-'-6'-'-9...c6=8 __ _ !Street) (City) (Zip+4)

4. Location of Project: Palm Springs
(City)

5. Disaster/Program TIiie: Emergency Managemen t Performance Grant Riverside
(County)

6. Performance /
Budget Period: -~J~u~1Y~1~· =20~2=2~(Start Date )
to
92262-6968
(Zlp+4)
############
(End Date )

7. Indirect Cost Rate: N/A Federally Approved ICR (if applicab le): _ ___ ___ % Item Grant Fund A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Maleh G. Total Cost Number Year Source

8. 2022 EMPG $ 13,062 $13,062 $ 13,062 $ 13,062 $26,1 24 9,

10. 11,

12. Total Project Cost $13,062 $ 13,062 $13,062 $13,062 $26,124

13. Certification - This Grant Subaward consists of this title page, the app lication for the g ra nt, which is attac hed a nd made a part hereof, and the Assurances/C ertifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approva l of the City/County Financi al Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipien t certifies that all funds received pursuant to this agreeme nt will be spent exclusive ly on the purposes specified in the Gra nt Subaward. The Subrec ipient accep ts this Gran t Subaward and agrees to administer the grant project in accordance w ith the Grant Subaward as well as all applicable sta te and federal laws, a udit requirements, fede ral program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocat ion of funds may be contingent on the enactment o f the State Budget.

14. CA Public Records Act - Gran t appl ications are subject to the Cali fornia Pub lic Records Act, Governme nt Code section 6250 et seq. Do not put any personally identifia ble information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the applica tion a nd the basis for the exemption . Your statement tha t the information is not subjec t to the Public Records Act will not guaran tee tha t the information will not be disclosed .

15. Ollicla l Authorized to Sign for Subreclpient :

Name: Jason Loya Tille: Fire Chief
Paymen t M ailing Address : ~ _Canyon Way City: Palm Springs Signa ture : ----:;-=~""-....._,,,,,.........,,.__________ _ ____ Date:_3.~1/_z.~/_2_:J _____________ _

16. Federal Employer ID Numb er: 95-6000757
Zip Code+4: ----'-9 =22=c6c..:2~-6=9-'6ca8 __
\ (FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budg eted funds are available for the period and purpos es of this expenditure stated above. (Cal OES Fiscal Offic er) (Dat e) (Cat OES Director or Deslgnee) (Date) FY 2022 EMPG FMFW (Mac ro) v .22 l of l Gran t Subaward Face Shee t Cal OES 2-10 1 (Rev ised 01/2022) Riverside County Emergency Management Department
Risk Assessment- 2022 Grant cycle
Per Title 2 CFR 5 200.331, It is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass-through funding. By determining the risk of each application the Riverside County Operational Area (OA) can better ensure compliance with federal, state, and local government policies, regulations, and laws, and institutional policies and procedures as they relate to the administered grant awards.

The following are questions related to your organization's experience in the management of federal grant awards. This questionnaire must be completed and returned with your grant application materials. This assessment will be scored as High, Medium, or Low. A High-risk score may affect funding. Please answer each question, failure to do so will result in a higher risk score.

Agency:

City of Palm Springs
Are your grant managers experienced? Yes
A.

Please list, by name and title, any personnel who manage your grant.

Daniel DeSelms, Emergency Management Coordinator
Has there been any change in personnel who would have had responsibility of the grant program or financial activity? No

1. What is that change? N/A

2. How will the change affect the managementof this grant? N/A What experience does the person who manages this grant have? The City's Emergency Management Coordinator has managed the City's SHSP, EMPG, and AFG grants since 2019.

Does the City/Agency have a Financial Management System that reflects a clear audit trail of the expenditure/revenue of grant funds? Yes
A. How are the funds identified in your financial managementsystem? Funds are listed under specific accounts and are identified through a unique project string.

Does your City/Agency receive more than $750,000 in federal funding in a fiscal year? Yes (if yes, answer the below questions.

A. When was your last single audit completed? FY21
a) Where there any findings?
NO
b) What were the findings? N/A
c) How were they resolved? N/A
Does your City/Agency have written policies for;

Page 1 of 3 ends

Item 1H - Page 6
Riverside County Emergency Management Department
Risk Assessment-2022 Grant Cycle
Per Title 2 CFR § 200.331, It is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass-through funding. By determining the risk of each application the Riverside County Operational Area (OA) can better ensure compliance with federal, state, and local government policies, regulations, and laws, and institutional policies and procedures as they relate to the administered grant awards.

Agency: City of Palm Springs
• Are your grant managers experienced? _Y_e_s _______________________ _ A. Please list, by name and title, any personnel who manage your grant.

Daniel DeSelms, Emergency Management Coordinator
B. Has there been any change in personnel who would have had responsibility of the grant program or financial activity? _N_o ____ _

1. What is that change? _N_/A ________________________ _

2. How will the change affect the management of this grant? _N_/A ___________ _ C. What experience does the person who manages this grant have? The City's Emergency Management Coordinator has managed the City's SHSP, EMPG, and AFG grants since 2019. • Does the City/ Agency have a Financial Management System that reflects a clear audit trail of the expenditure/revenue of grant funds? _Y_e_s ____ ___________________ _ A. How are the funds identified in your financial management system? Funds are listed under specific accounts and are identified through a unique project string. • Does your City/Agency receive more than $750,000 in federal funding in a fiscal year? Yes below questions .
(if yes, answer the
A. When was your last single audit completed? _F_Y_2_1 ___ _ a) Where there any findings? _N_o ______ _
b) What were the findings? _N_IA ______ _
c) How were they resolved? _N_/A _ _ ____ _
• Does your City/Agency have written policies for;

Page 1 of 3 ends

COUNWOFRWERS/DE
cgczæ
A.

Riverside County Emergency Management Department
Conflict of Interest Yes
Procurements that include those that use grant funds, sole source, levels of purchase, contracts (RFPs, RFQs, Awards, Debarment) Yes
Payments, including improper payments Yes
Record retention Yes
Does your City/Agency have the ability to make purchases and wait for reimbursement? Yes
Are there any financial issues that may cause concern?
N/AA. What are they?
Has your City/Agency received grant funding in prior years? Yes (If yes answer below questions, include all grants for the past 3 years)
A.

B.
c.

Grant SHSP
Grant SHSp
Grant SHSP
FY21
Grant year
FY 20Grant year
FYI 9
Grant year
Awarded $ Expended $0
Expended $5667Awarded $5667
Expended $7067Awarded $7067
Did you expend all funds? If not, why FY21 SHSP projects are still being worked on.

Were all quarterly reports handed in on time? Yes
Did you have to modify your grant at any time during the performance period? How often? Why? The City modified the FY 18 SHSP CERT grant from equipment to training.

Has your City/Agency requested an extension in prior years? o Yes Nox
If so, were your funds fully expended?
o Yes No
o If no, amount unspent $

Page 2 of 3 ends

Item 1H - Page 7
Riverside County Emergency Management Department
A. Conflict of Interest _Y_e_s ____ _
B. Procurements that include those that use grant funds, sole source, levels of purchase, contracts (RFPs, RFQs, Awards, Debarment) _Y_e_s ___ _
C. Payments, including improper payments _Y_e_s ____ _
D. Record retention Yes ------
• Does your City/Agency have the ability to make purchases and wait for reimbursement? Yes
• Are there any financial issues that may cause concern? A. What are they? ___ N_IA _________________________ _
• Has your City/Agency received grant funding in prior years? Yes grants for the past 3 years)
(If yes answer below questions, include all
A. Grant SHSP Grant year_F_Y_2_1 _-'Awarded $258,000 Expended $_0 __ _ B. Grant SHSP Grant year FY20
C. Grant SHSP Grant year FY19
Awarded $_56_6_7 __ Expended $5667
Awarded $_70_6_7 __ Expended $ 7067
D. Did you expend all funds? If not, why FY21 SHSP projects are still being worked on.

E. Were all quarterly reports handed in on time? _Y_e_s ___ _____________ _ F. Did you have to modify your grant at any time during the performance period? How often? Why? The City modified the FY18 SHSP CERT grant from equipment to training. • Has your City/Agency requested an extension in prior years? o Yes ___ No_X __
• If so, were your funds fully expended?
o Yes __ No __
o If no, amount unspent$ _ _ ___ _

Page 2 of 3 ends

cawrra.emvFB.f/DE
Riverside County Emergency Management Department
Signature Page
I certify that to the best of my knowledge and belief, this report is correct and complete and that all pertinent facts are included in this report. I also understand that if our city/agency is considered a risk due to past or current performance, current and/or future funding can be suspended, removed or denied.

City of Palm SpringsAgency:

Jason LoyaAuthorized Agent Printed Name:

Authorized Agent Signature:

Grant Manager Printed Name:

Grant Manager Signature:

For Riverside County Grants Unit Only:

Reviewed By:

Date Reviewed:

Risk Level:

Fire ChiefTitle:

Date:

Date: 3/_z-/ze 3

Page 3 of 3 ends

Item 1H - Page 8
Riverside County Emergency Management Department
Signature Page
I certify that to the best of my knowledge and belief, this report is correct and complete and that all pertinent facts are included in this report. I also under stand that if our city/agency is considered a risk due to past or current performan ce, current and/or future funding can be suspended, removed or denied.

Agency: City of Palm Springs
Authorized Agent Printed Name: Jason Loya Title : Fire Chief ---------------- Authorized Agent Signature: - - ~~;;.<'--?'#_· r'--------------- Date: 3 · 2 · :)_ 3 Grant Manager Printed Name: P A ) /6-(. b l:. Se:.L/U .f Grant Manager Signature: - ~-~-~11!'--::,--- - - ------ ---- --Date: 3 / z_./ Z o Z-3 For Riverside County Grants Unit Only:

Reviewed By: _________________________________ _
Date Reviewed:---------------------------------
Risk Level: __________________________________ _

Page 3 of 3 ends

FY22 Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Riverside County Supplement; and
(f) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.

InitialsPage 1 of 152022 EMPG Standard Assurances
Item 1H - Page 9
~-' , jJ/1/.NTY OF RIVERSIDE
(#:Mil
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Appl icant, I hereby certify that the Applicant has the legal author ity to apply for federal assista nce and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Appl icant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulat ions (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Riverside County Supplement; and
(f) Federal and Stat e Grant Program Guide lines.

Federal Regulations
Government cost principles, uniform ~dministrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB ) and can be found athttp://www .whitehouse.gov/omb/ .

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written author ization from th e city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city counc il, governing board, or aut horized body agree:
(a) To provide all matching funds requ ired for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or author ized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city counci l, governing board, or authorized body; and (d) The officia l executing this agreement is, in fact, authorized to do so. //:;I!, 2022 EMPG Standard Assurances Page 1 of 15 Initials 7"(1-

2. 3.
couvrracmvns/DF
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.

Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

Lobbying and PoliticalActivities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508 and SS 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2022 EMPG Standard Assurances Page 2 of 15 Initials
Item 1H - Page 10
~-' , jj/1.NTYDFRIVERSIDE
<§Mil
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
This Proof of Authority must be maintained on file and readily availab le upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant .

3. Lobbying and PoliticalActivities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the App licant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an emp loyee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperat ive agreement, and the extension, continuation , renewal, amendment, or modifica tion of any federal contract , grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influenc e an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall compl ete and submit Standard Form-LLL "Disclosure Form to Report Lobbying", in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be includ ed in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly .

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and § § 7324-7328) which limit the political activities of emp loyees whose principal employment activities are funded in whole or in part with fed eral funds. 2022 EMPG Standard Assurances Page 2 of 15 Initials -fJ/--- EMD

4. 5.

FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the Riverside County Operational Area Emergency Management Department (RivCo EMD) or the federal awarding agency.

Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. S 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination.

These include, but are not limited to, the following:
2022 EMPG Standard Assurances Page 3 of 15 Initials
Item 1H - Page 11
~-,
, Jll(.NTY OF RIV,£RSIDE
(#:Mll
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adopt ion of any law, regulation or policy without the express written approva l from the Riverside County Operational Area Emergency Management Department (RivCo EMD) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and cod ified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will prov ide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federa l government.

The Appl icant certifies that it and its principals, recipients, or subrecipients:
(a) Are not present ly debarred, suspended, proposed for debarment, declared ineligible, or voluntari ly excluded from covered transactions by any federa l department or agency;
(b) Have not with in a three-yecr period preceding this application been convicted of or had a civi l judgment rendered against them for comm ission of fraud or a crimina l offense in connection with obta ining , attempting to obta in, or performing a public (federal, state, or local) transaction or con tract under a public transaction; violation of federa l or state antitrust statu tes or commission of embezz lement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not present ly indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application .

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comp ly with all federal statutes relating to non-discrimination.

These include, but are not limited to, the following:
2022 EMPG Standard Assurances Page 3 of 15 Initials_,__ FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.S 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. SS 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. SS 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. SS 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. SS 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. S 100.201 (h) Executive Order 1 1246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 1 1375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2022 EMPG Standard Assurances Page 4 of 15 Initials
Item 1H - Page 12
~-' , ;r.NTYOFRIV£RSIOE
~l!IJJl FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.§ 2000d et. seq.) which prohibits discriminat ion on the basis of race, color, or national origin and requires that recipients of federal financia l assistance take reasonable steps to provide mear) ingful access to persons with limited English proficiency (LEP) to the ir programs and services; (b) Title IX of the Educat ion Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federal ly funded educationa l prog ram or activity;
(c) Section 504 of the Rehab ilitation Act of 1973, (29 U.S.C . § 794), which prohibits discrim ination agains t those with disab ilities or access and functiona l needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohib its discrimination on the basis of disabi lity and requires buildings and structures be access ible to those with disabil ities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(t) Public Hea lth Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, renta l or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part l 00. The prohibition on disabil ity discrimination includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and ind ividua l apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)- be designed and constructed with certain accessib le features (See 24 C.F.R. § 100.201 ); (h) Executive Order 11246, which proh ibits federal contractors and federal ly assisted construction con tractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decis ions on the basis of race, color, religion, sex, sexual orientation, gender ident ification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientat ion, gender identificat ion, or nationa l origin in hiring and employment in both the United States federa l workforce and on the part of government contractors;
U) California Public Contract Code § l 0295.3, which prohibits discrim ination based on domestic partnerships and those in same sex marriages; 2022 EMPG Standard Assurances Page 4 of 15 Initials '-

6. 7.

FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.

In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employmen- because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code SS 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. S 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code SS 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. S 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters; 2022 EMPG Standard Assurances Page 5 of 15 Initials
Item 1H - Page 13
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(k) OHS policy to ensure the equa l treatment of faith-based organiza tions, under which all applican ts and recipients must comply with equal treatment policies and requirements conta ined in 6 C.F.R. Part 19;
(I) Any other nondiscrimination provisions in the specific statute(s) underwhich application for federa l assistance is being made; and
(m) The requ irements of any other nondiscrimination statute (s) which may apply to the app lication.

In addit ion to the items listed in (a) through (m), the App licant will comp ly with Cal ifornia' s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employmen- because of ancestry, familial status, race , color, religious creed (including religious dress and grooming pract ices), sex (which includes pregnancy , childbirth, breastfeeding and medical cond itions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientat ion, ma~ital status, nationa l origin, ancestry, menta l and physical disability, genet ic information, med ical condition, age, pregnancy, denial of medical and family care leave . or pregnancy disabi lity leave (California Government Code§§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applican t certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act .

7. Environmenta l Standards
The App licant will comp ly with state and federal environmental standards, which may be prescribed pursuant to the following , as applicable:
(a) California Environmental Qua lity Act (CEQA) (California Public Resources Code§§ 21000- 211 77), to include coordination with the city or county planning agency;
(b) CEQA Guidel ines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000- 15387):
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters; 2022 EMPG Standard Assurances Page 5 of 15 Initials--#-

COUNTYOFBWEBS/DE
FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
(d) Federal Clean Air Act of 1955 (42 U.S.C. S 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 1988;
(g) Executive Order 1 1514 which sets forth national environmental standards; (h) Executive Order 1 1 738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 1 1990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (1 6 U.S.C. 1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. SS 7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. S 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to S 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 2022 EMPG Standard Assurances Page 6 of 15 Initials
Item 1H - Page 14
~--' , JJ//{.NTY OF RIVERSIDE
(#N/ll
FY22 Standard Assurances
For All Cal OES Federal Grant Programs
(d) Federal Clean Air Act of 1955 ( 42 U .S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the Nationa l Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities:
(f) Evaluation of flood hazards in floodplains in accordance with Executi ve Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials , or services and each federal agency empowered to extend federal assistance by way of grant, loan , or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523):

G) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 ( 16 U.S.C. §§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7 401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wilda nd scenic rivers system.

8. 9.
cmwryaemvnsmr
FY 22 Standard Assurances
For All Cal OES Federal Grant Programs
Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

Access to Records
In accordance with 2 C.F.R. 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with thisprovision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment
-
The Applicant will comply with 31 U.S.C SS 3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting
-
Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountabilityand Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 1 70 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. S 2409, 41 U.S.C. S 4712, and 10 U.S.C. S 2324, 41 U.s.c. S 4304 and S 4310.
2022 EMPG Standard Assurances Page 7 of 15 Initials
Item 1H - Page 15
~-,
, ~ NTYDFRIVERSIOE
~ Mil
FY22 Standard Assurances
For All Cal OES Federal Grant Programs

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually , the Applicant will cause to be performed the required financial and complian ce audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptrol ler General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to exa mine all records, books, papers, or documents related to the award. The App licant will requ ire any subrecipients, contractors, successors, transferees and assignees to acknow ledge and agree to comp ly with thisprovision.

10. Conflict oflnterest
The Applicant will estab lish safeguard s to prohibit employees from using their positions for a purpose that const itutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply w ith 31 U.S.C §§ 3729-3733 which sets forth that no subrec ipient, recipient, or subrecipient shall subm it a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The App licant agrees to comply with applicable provisions of the Federal Funding Accountabi lity and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) exec utive compensation data for first-tier subawards. This includes the provisions of FFATA which includes req uirements for execu tive compensation , and also requirements implementing the Act for the non-fed era l entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Repo rting Subaward and Executive Compensation Information.

13. Wh istleb lower Protections
The App licant also must comp ly with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
2022 EMPG Standard Assurances Page 7 of 15 Initials -I!- cozwryaemvnsmz
EMD
FY 22 Standard Assurances
For All Cal OES Federal Grant Programs

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. S 7104) which prohibits grant award recipients or a subrecipient from: (l ) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. SS 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. 3145 and 18 U.S.C. S 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. S 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code SS 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 ormore;

Page 8 of 152022 ends

Palm Springs City CouncilMarch 9, 2023

Palm Springs City Council
March 9, 2023