Agenda packet — Palm Springs City Council, April 10, 2023 (part 2 of 2)

(Revised 09 13 18)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

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

Why Must I File?

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

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

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

When Must I File?

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

Item 1F - Page 26

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

Page 2 of 2 ends

(Revised 09 13 18)

What Must I Disclose?

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

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

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

PENALTIES

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

Item 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 ____________________________________
Item 1F - Page 28
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 Jordan Freeman 100 %
Item 1F - Page 29

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

AMEND RESOLUTION NO. 25088, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED IN

WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT,” ADDING

REFERENCES TO SPECIFIC GOVERNMENT ACTS
RECOMMENDATION:

Approve Amendment to Resolution No. 25088 “A RESOLUTION OF THE CITY

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

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED IN

WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.”
Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: AMEND RESOLUTION NO. 25088, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING

A NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY

FUNDED IN WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED

BY THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT,” ADDING REFERENCES TO SPECIFIC

GOVERNMENT ACTS

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

The City Council is being requested to approve an amendment to Resolution 25088, a nondiscrimination policy for program s or activities funded in whole or in part with HomeKey funds (Resolution). The Navigation Center Project located at 3589 McCarthy Road (Project) is partially funded with HomeKey funds.

RECOMMENDATION:

1. Approve Amendment to Resolution No. 25088 “A RESOLUTION OF THE CITY

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

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED

IN WHOLE OR IN PART WITH HOMEKEY FUNDS PROVIDED BY THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT.”

BACKGROUND:

On February 9, 2023, the City Council adopted Resolution 25088, a nondiscrimination policy for HomeKey funded projects ( Attachment A ). Adoption of the Resolution addressed a requirement of the State Housing and Community Development Department for entities utilizing HomeKey funds. The Project , which will provide services to help individuals transition into permanent housing, case management, and job training, is partially funded with HomeKey funds . The Project includes 80 prefabricated residential Item 1G - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Amend Nondiscrimination Policy for HomeKey Funded Projects

units, rehabilitation of two buildings, and various site improvements. Five of the units are for families and 10 units are for transitional age youth.

STAFF ANALYSIS:

The Standard Agreement (Agreement) for the HomeKey funds with the California Department of Housing and Community Development was executed on January 18, 2023. The Agreement requires the City to adopt a written nondiscrimination policy with specific language and references. The nondiscrimination policy for HomeKey funded projects was adopted on February 9, 2023; however, references to various government acts, including the California Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Americans with Disabilities Act, were inadvertently omitted. The proposed amendment adds these references to the Policy. The additional language is as follows:

“Any program or activity funded in whole or in part with HomeK ey funds shall comply with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Civil Rights Act, Government Code Section 11135, Section 504 of the Rehabilitation Act of 1973, and all regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35.”

A redline and clean version of the revised resolution are provided in Attachments B and C, respectively.

ALIGNMENT WITH STRATEGIC PLANNING:

The first major task in the Strategic Plan for Quality of Life (1A) with the key objective to improve homelessness is to build a Navigation Center. Navigation Centers serve as interim housing and connect individuals to permanent housing, making one of the most difficult steps more manageable. Navigation Centers are created to ensure that people can easily get access to housing, and they have staff that are trained in housing navigation and housing preparedness. Navigation Center staff focus on achieving the permanent housing goal while simultaneously addressing immediate needs – like shelter, short-term housing, employment, healthcare, or substance use disorder services. Navigation Centers act as a “hub” – a centralized location that provides many services that are easily accessible to people experiencing homelessness.

FISCAL IMPACT
:

There is no financial impact associated with approving the proposed amendment.

Item 1G - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Amend Nondiscrimination Policy for HomeKey Funded Projects

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution 25088
B. Revised Resolution – Redline
C. Revised Resolution – Clean
Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4
Item 1G - Page 5
I
I
I
RESOLUTION NO. 25088

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA , ADOPTING A

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR

ACTIVITY FUNDED IN WHOLE OR IN PART WITH

HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
WHEREAS , the California Department of Housing and Community Development released a Notice of Funding Availability on September 9, 2021, amended on January 14, 2022 and on May 5, 2022, to make funding available to local public entities to develop a broad range of housing types by converting including, but not limited to, hotels, motels, hostels, single-family homes and multifamily apartments , adult residential facilities , manufactured housing , commercial properties and other existing buildings to permanent or interim housing.

WHEREAS , the City of Palm Springs and the County of Riverside submitted a joint application for Home Key 2 funds on January 28, 2022, for the development of an adaptive-reuse and new construction interim housing project that aims to quickly house formally homeless individuals and families and transitional age youth while also providing on-site supportive programming ;
WHEREAS , the California Department of Housing and Community Development awarded the City of Palm Springs and the County of Riverside a HomeKey 2 funding award in the amount of $19,059,202;
WHEREAS , a Standard Agreement between the California Department of Housing and Community Development , and the City of Palm Springs and County of Riverside was fully executed on January 18, 2023;
WHEREAS , as a condition of the Standard Agreement and receipt of HomeKey grant funds, the City of Palm Springs and the County of Riverside are required to have In place a formal nondiscrimination policy for any program or activity funded in whole or in part with HomeKey funds ;
WHEREAS , the City of Palm Springs wishes to adopt a nondiscrimination policy in accordance with HomeKey funding requirements for any program or activity funded in whole or in part with HomeKey funds;

NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

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

Item 1G - Page 6
Resolution No. 25088
Page2
SECTION 2. The Nondiscrimination Policy for any program or activity funded in I whole or in part with HomeKey funds as stated below is hereby adopted. "Nondiscrimination Policy For Any Program Or Activity Funded In Whole Or In Part With HomeKey Funds:

No person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression , sexual orientation , marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language , immigration status (except where explicitly prohibited by federal law), arbitrary characteristics , and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey funds." SECTION 3. The City Manager or designee is authorized to take all actions necessary to implement this Resolution.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS gm DAY OF FEBRUARY 2023 .

ATTEST:
~~
City Clerk
Teresa Gallavan
Interim City Manager
I
I
Item 1G - Page 7
I
I
I
Resolu tion No. 25088

Page 3 ends

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)

CERTIF ICATION
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs , hereby certify that Resolution No. 25088 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 9, 2023, by the following vote:

AYES :

NOES :

ABSENT:

ABSTAIN :

Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein and Mayor Garner
None
None
None
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California , this 1.5-t day of 7Y)().re-b , 2...<>J 3 BrendafJree , MMC , CERA, City Clerk
City of Palm Springs, California

ATTACHMENT B

Item 1G - Page 8
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING A

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR

ACTIVITY FUNDED IN WHOLE OR IN PART WITH

HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

WHEREAS, the California Department of Housing and Community Development released a Notice of Funding Availability on September 9, 2021, amended on January 14, 2022 and on May 5, 2022, to make funding available to local public entities to develop a broad range of housing types by converting including, but not limited to, hotels, motels, hostels, single-family homes and multifamily apartments, adult residential facilities, manufactured housing, commercial properties and other existing buildings to permanent or interim housing.

WHEREAS, the California Department of Housing and Community Development awarded the City of Palm Springs and the County of Riverside a HomeKey 2 funding award in the amount of $19,059,202;

WHEREAS, a Standard Agreement between the California Department of Housing and Community Development, and the City of Palm Springs and County of Riverside was fully executed on January 18, 2023;

WHEREAS, as a condition of the Standard Agreement and receipt of HomeKey grant funds, the City of Palm Springs and the County of Riverside are required to have In place a formal nondiscrimination policy for any program or activity funded in whole or in part with HomeKey funds;

WHEREAS, the City of Palm Springs wishes to adopt a nondiscrimination policy in accordance with HomeKey funding requirements for any program or activity funded in whole or in part with HomeKey funds;

NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Item 1G - Page 9
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.

SECTION 2. The Nondiscrimination Policy for any program or activity funded in whole or in part with HomeKey funds as stated below is hereby adopted.

“Nondiscrimination Policy For Any Program Or Activity Funded In Whole Or In Part With HomeKey Funds:

No person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic informat ion, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey funds.

Any program or activity funded in whole or in part with Homekey funds shall comply with the requirements of the Americans with Disabilities Act of 1990, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Civil Rights Act, Government Code Section 11135, Section 504 of the Rehabilitation Act of 1973, and all regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35.”

SECTION 3.

The City Manager or designee is authorized to take all actions necessary to implement this Resolution.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____
TH DAY OF FEBRUARY APRIL 2023

_________________________________________
TERESA GALLAVANSCOTT C. STILES, INTERIM CITY

MANAGER

ATTEST:

_______________________________

BRENDA PREE, CITY CLERK
Item 1G - Page 10

ATTACHMENT C

Item 1G - Page 11
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING A

NONDISCRIMINATION POLICY FOR ANY PROGRAM OR

ACTIVITY FUNDED IN WHOLE OR IN PART WITH

HOMEKEY FUNDS PROVIDED BY THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

WHEREAS, the California Department of Housing and Community Development awarded the City of Palm Springs and the County of Riverside a HomeKey 2 funding award in the amount of $19,059,202;

WHEREAS, a Standard Agreement between the California Department of Housing and Community Development, and the City of Palm Springs and County of Riverside was fully executed on January 18, 2023;

WHEREAS, the City of Palm Springs wishes to adopt a nondiscrimination policy in accordance with HomeKey funding requirements for any program or activity funded in whole or in part with HomeKey funds;

NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

Item 1G - Page 12
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by reference.

SECTION 2. The Nondiscrimination Policy for any program or activity funded in whole or in part with HomeKey funds as stated below is hereby adopted.

“Nondiscrimination Policy For Any Program Or Activity Funded In Whole Or In Part With HomeKey Funds:

No person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic informat ion, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with Homekey funds.

SECTION 3.

The City Manager or designee is authorized to take all actions necessary to implement this Resolution.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____
TH DAY OF APRIL 2023

_________________________________________
SCOTT C. STILES, CITY MANAGER

ATTEST:

_______________________________

BRENDA PREE, CITY CLERK
Item 1G - Page 13

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

RATIFY THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO THE

PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
RECOMMENDATION:

Re-Appoint Jan Pye, representing the City of Desert Hot Springs, to the Palm Springs International Airport Commission effective immediately to a term expiring January 17, 2025.

1. Accept the resignation of Matthew Lesniak from the Public Arts Commission effective immediately.

2. Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: RATIFY THE NOMINATION OF THE CITY OF DESERT HOT SPRINGS TO

THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

1. Re-Appoint Jan Pye , representing the City of Desert Hot Springs , to the Palm Springs International Airport Commission effective immediately to a term expiring January 17, 2025.

2. Accept the resignation of Matthew Lesniak from the Public Arts Commission effective immediately.

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 Desert Hot Springs of their nomination of Jan Pye to a term ending January 17, 2025.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Commission Roster
B. City of Desert Hot Springs Appointment Letter
C. Resignation Letter for Matthew Lesniak
Item 1H - Page 1

ATTACHMENT A

Item 1H - Page 2

Palm Springs International Airport Commission

Member Current Appointment Term Expires

Keith Young, City of Rancho Mirage March 23, 2023 July 1, 2024 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 1H - Page 3

ATTACHMENT B

Item 1H - Page 4
From: Jerryl Soriano
To: Cassandra Edney
Cc: Daniel McVey
Subject: RE: Expired Airport Commissioner
Date: Wednesday, February 15, 2023 3:35:20 PM
Attachments: image002.png
image003.png
Re Expired Airport Commission Term.msg
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Hi Cassandra,

We received the attached email back in June regarding Jan Pye’s term and have not heard anything since. Nonetheless, our Council ratified the re-appointment of Jan Pye to the Airport Commission on January 17, 2023 (along with their other appointments such as CVAG, etc.).

Is there anything else we need to do on our end?

Thank you,

From: Cassandra Edney <[email protected]> Sent: Wednesday, February 15, 2023 3:25 PM
To:

Jerryl Soriano <[email protected]>
Subject: Expired Airport Commissioner

CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe.

Thank you.

Good afternoon,

I just noticed that the Airport Commissioner Jan Pye term expired in February of 2022. Has there been a new commissioner appointed?

Item 1H - Page 5
Jlel'lryl So1ri,a1no, CMC I City Clerk
Office: · (760) 329-64 l l Ext . 107
City of .Desert Ho.t .Springs;
Fax: (760) 671-5062
11-9'99 Pa1lm Drlve, Desert Hot Spring1s, CA 92240
www.cityof dhs.org
City C llerks Association of California I www.ca lifornlacityclerks.org

Page 1 of 3 ends

2023-2024 CITY COUNCIL APPOINTMENTS

OFFICE OF THE CITY CLERK
City of Desert Hot Springs

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) Member Alternate Executive Committee Matas Betts
Energy and Environmental Resources Committee Betts Gardner Homelessness Committee Pye Nuñez
Public Safety Committee Nuñez Pye
Transportation Committee Matas Betts
Coachella Valley Conservation Commission Gardner Matas

REGIONAL BOARDS AND COMMITTEES Member Alternate
Coachella Valley Economic Partnership (CVEP) Board of Directors Nuñez Betts Coachella Valley Mountains Conservancy (State Agency) Gardner Matas Eastern Riverside County Interoperable Communications Authority (ERICA) Matas Gardner Greater Palm Springs Convention and Visitors Bureau (CVB) Gardner Nuñez Palm Springs Airport Commission
(Position is “nominated” by the Desert Hot Springs City Council; and “appointed” by the Palm Springs City Council) Pye N/A Riverside County Transportation Commission (RCTC) Matas Betts SunLine Transit Betts Matas
Animal Campus Pye Gardner
CV Mosquito & Vector Control Board Gardner
Riverside County Airport Land Use Commission
(Appointed by Riverside County City Selection Committee) Betts CAL-ID Board Matas

LIAISON POSITIONS Liaisons
Mission Springs Water District Pye Matas
Hoteliers Association Gardner Betts
Chamber of Commerce Nuñez Matas
Palm Springs Unified School District Matas Nuñez
Desert Health Care District Matas Pye
Cabot’s Museum Foundation Betts Gardner
Historical Society Gardner Pye
League of California Cities Gardner Betts

SCAG (Southern CA Association of Governments) Member
Transportation Committee Betts

CITY COUNCIL SUB-COMMITTEES Chair Co-Chair
Policy Rules and Regulations Gardner Pye

Item 1H - Page 6

ATTACHMENT C

Item 1H - Page 7
From: M L <[email protected]>
Sent: Monday, March 13, 2023 10:51 AM
To: Jay Virata <[email protected]>
Cc: Cindy Cairns <[email protected]>; Matthew L. <[email protected]> Subject: Re: Resignation

NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

To the attention of:

Jay Virata; Director, Community &Economic Development
Cc: Cindy Cairn; Special Assistant to City Manager

I’ll begin by thanking both of you for your support, kindness and guidance during my time on the Public Arts Commission.

Jay please forward the following to the members of the commission

————-
To the attention of : Palm Springs Public Arts Commission

This email is to inform you that effective immediately I am resigning my volunteer position as Commissioner on the Palm Springs Public Arts Commission

Matthew L Lesniak

Sent from my iPhone

Item 1H - Page 8

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

A REQUEST BY CHRISTOPHER WHITE OF PS BOTTLE SHOP, LLC FOR A

RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL SPIRITS, WINE, AND BEER (TYPE 21 – OFF-SALE GENERAL) AT A SPECIALTY FOOD STORE, PS BOTTLE SHOP, LOCATED AT 1555 SOUTH PALM CANYON DRIVE SUITE F (APN: 513-300-038), ZONE PDD 131/C-1, SECTION 22 (CASE

5.1671 PCN)
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PS BOTTLE SHOP LOCATED AT 1555 SOUTH PALM CANYON DRIVE SUITE F WITHIN CENSUS TRACT NO. 9405.”
Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: A REQUEST BY CHRISTOPHER WHITE OF PS BOTTLE SHOP, LLC

FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY
(PCN) TO SELL SPIRITS, WINE, AND BEER (TYPE 21 – OFF-SALE

GENERAL) AT A SPECIALTY FOOD STORE , PS BOTTLE SHOP,
LOCATED AT 1555 SOUTH PALM CANYON DRIVE SU ITE F (APN: 513- 300-038), ZONE PDD 131/C-1, SECTION 22 (CASE 5.1671 PCN)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

The applicant has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 21 ( Off-Sale General) liquor license for a specialty food store, PS Bottle Shop, located within Market Market , a multi-tenant store. The subject property is located within a Census tract which is identified by the ABC as an area of undue concentration of liquor licenses. The applicant is therefore requesting that City Council make a determination of public convenience or necessity for the sale of spirits, beer, and wine in conjunction with the operation of a specialty food store.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC

CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF -SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PS BOTTLE SHOP LOCATED AT 1555 SOUTH PALM CANYON DRIVE SUITE F WITHIN CENSUS TRACT NO. 9405.”

BUSINESS PRINCIPAL DISCLOSURE:

PS Bottle Shop, LLC consists of four (4) individuals named Christopher White, David Marks, Gillian Fitzgerald, and Sierra Miller. Public Integrity Disclosure Form is attached to this report (Attachment F).

Item 1I - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Case 5.1671 PCN – PS Bottle Shop, LLC

BACKGROUND:

The project site is a 17.04- acre commercial property located at the southwest corner of West Morongo Road and South Palm Canyon Drive. The site is currently developed with three (3) detached commercial buildings, one of which is occupied by a retail business, Market Market. PS Bottle Shop will be located within Market Market, which is described as “ a 40,000 square foot emporium of fine vintage and repurposes goods including apparel, accessories, housewares, furniture, art & design” (website:

https://www.shopmarketmarket.com/). The floor plan of the tenant space is attached to this report ( Attachment D). PS Bottle Shop currently operates within the Mojave Flea Trading Post located at 383 North Indian Canyon Drive, and this will be the business’ second location within the City.

The project site is a Planned Development District (PDD 131). Pursuant to Resolution No. 18437, land uses permitted in the underlying C-1 (Retail Business) Zone are allowed at the site. As explained in the justification letter (Attachment C), the business emphasizes the sale of unique local and regional products created by LGBTQ+, BIPOC (Black and Indigenous and People of Color), and women-owned businesses and entrepreneurs. The business offers various types of goods , which include pre -packaged food items, beverages, sundries, newspaper, magazines, and housewares. Food items and non- alcoholic beverages share 50% of the inventory as stated in the justification letter , and 40% of the inventory will be dedicated to alcoholic beverages. The sale of alcoholic beverages will be incidental, and t he nature of the business is comparable to that of a specialty food store. Such a use is permitted by right in the C -1 Zone pursuant to Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(25).

STAFF ANALYSIS:

The California Department of Alcoholic Beverage Control (ABC) requires a Type 21 (Off- Sale General) liquor license for the proposed spir its, beer, and wine sales at PS Bottle Shop, as well as a determination of Public Convenience or Necessity (PCN) due to undue concentration of liquor licenses within the Census tract in which the site is located. The ABC identifies the Type 21 liquor license as follows:

“(Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises.”

Section 23958 of the State of California Business and Professions Code states that the California Department of Alcoholic Beverage Control (ABC) is required to “… deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.” Section 23958.4(a)(3) of the Code defines undue concentration as follows:

Item 1I - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Case 5.1671 PCN – PS Bottle Shop, LLC

“As to off-sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located.”

The Section further states that a license may nevertheless be issued in an area of undue concentration when “… the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance...” (State of California Business and Professions Code, Section 23958.4(b)(2).

The project site is located within Census tract number 9405, which is generally identified as an area located on the west side of North and South Palm Canyon Drive, excluding the Downtown and Uptown areas ( Attachment G). According to the ABC, one (1) Type 21 liquor license would be allowed in this Census tract area, while one (1) license has already been issued for Club Liquor at 1109 S Palm Canyon Drive ( Attachment E ).

Hence, the applicant is requesting a determination of public convenience or necessi ty from the City Council to allow ABC to issue a second liquor license for the sale of spirits, beer, and wine which is proposed to take place in conjunction with the operation of the specialty food store, notwithstanding the undue concentration in the Census tract.

For the following reasons, Staff has determined that the Project would serve the Public Convenience and Necessity:

The proposed activity takes place within Market Market, a multi-tenant retail store with an open floor concept that is located at the south of Downtown on a major throughfare, easily accessible from nearby residential neighborhoods, hotels, and other amenities. Being part of the multi-tenant commercial space provides an opportunity for the business to offer the convenience of “one stop shopping” and serve a wide range of clients who visit the premises for different purposes.

Additionally, a majority of the alcoholic products sold will be manufactured by LGBTQ+, BIPOC, and women-owned and operated businesses. Allowing the sale of these alcohol products at PS Bottle Shop will broaden the availability of these products to local consumers and offer additional or unique products to residents and visitors that may not be available at other establishments. The issuance of this license will serve the public convenience by diversifying products and services the area has to offer at an easily accessible location.

FISCAL IMPACT:

None.

Item 1I - Page 3
City Council Staff Report
April 10, 2023 -- Page 4
Case 5.1671 PCN – PS Bottle Shop, LLC

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. 500-Foot Vicinity Map
B. Draft Resolution
C. Justification Letter
D. Floor Plans
E. PS Bottle Shop ABC Liquor License Application Form
F. Public Integrity Disclosure Form
G. Census Tract Map No. 9405
Item 1I - Page 4

ATTACHMENT A
Item 1I - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Case 5.1671 PCN
1555 South Palm Canyon Drive Suite F (APN: 513-300-038) PS Bottle Shop
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ATTACHMENT B
Item 1I - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DETERMINING THAT

PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF A TYPE 21 (OFF -SALE

GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE
FOR PS BOTTLE SHOP LOCATED AT 1555 SOUTH PALM
CANYON DRIVE SUITE F WITHIN CENSUS TRACT NO.
9405.

WHEREAS, Christopher White of PS Bottle Shop, LLC has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 2 1 (Off- Sale General) license to sell spirits, beer, and wine at 1555 South Palm Canyon Drive Suite F, Census Tract No. 9405, Zone PDD 131/C-1, APN: 513-300-038; and

WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that there is one (1) existing Type 21 license within Census Tract No. 9405, while only one (1) alcohol license would be allowed based on off -sale retail licenses to population in the County in which the applicant’s premise is located; and

WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that is the addition of the requested license would cause an “undue concentration” of alcohol-related licenses in the Census Tract No. 9405; and

WHEREAS, Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license within an area of undue concentration; and

WHEREAS, PS Bottle Shop is a specialty food store located within the M arket Market multi-tenant retail business. The issuance of a Type 21 (Off-Sale General) liquor license will allow the business to serve the public convenience due to the following findings: 1) the site is located south of Downtown on a major throughfare, and it is easily accessible from nearby residential neighborhoods, hotels, commercial and service establishments, and tourism -related amenities; 2) Market Market is a multi- tenant commercial store with an open floor concept which provides PS Bottle Shop an opportunity to offer “one stop shopping” and serve a wide range of clients who visit the premises for different purposes; and 3) a majority of the alcoholic beverages sold at the premises will be produced by local and regional BIPOC (Black and Indigenous and People of Color), LGBTQ+, and women- owned and operated businesses. Spirits, beer, and wine sales at PS Bottle Shop will allow the business to offer additional products and the issuance of the liquor license will serve the public convenience by diversifying products and services the area has to offer at an easily accessible location.

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

Item 1I - Page 8
Resolution No. _____

Page 2 ends

SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the public convenience or necessity would be served by the issuance of a Type 21 (Off-Sale General) alcoholic beverage license for the sale of spirits, beer, and wine at PS Bottle Shop located at 1555 South Palm Canyon Drive Suite F, Census Tract No. 9405, Section 22.

ADOPTED THIS 10TH DAY OF APRIL, 2023.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1I - Page 9
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 1I - Page 10

ATTACHMENT C
Item 1I - Page 11
Item 1I - Page 12
PS Bottle Shop, LLC, DBA PSBS
Market Market Location
1555 S Palm Springs Dr, Suite F
March 20, 2023
City of Palm Springs
Planning Department
To Whom It May Concern:

PS Bottle Shop, LLC, is in the process of opening a second location inside the multivendor department store, Market Market, located at 1555 S Palm Canyon Dr, Suite F, Palm Springs, CA 92264. The purpose of this overview is to provide the necessary details for the City of Palm Springs Planning Department in order to obtain the appropriate permits and licensing to operate.

Background
PSBS Market is a specialty food market and provisions store that is currently stocked with most goods coming from BIPOC, LGBTQ+, and women-owned and operated businesses. A significant portion of our inventory is from state and local producers to further support Palm Springs, Coachella Valley, and California small businesses and the local economy.

PSBS opened our first location in August 2021within Mojave Flea Trading Post, a multivendor shop/department store, at 383 N Indian Canyon Drive. We will end our first full calendar year in business reporting over $240K in gross revenue. As we begin our second year, we are focused on growth and expansion. PSBS currently operates in a vendor space that is approximately 500 square feet. Approximately 400 square feet of the space operates as a specialty food and beer & wine market with a Type 20 Off-Sale Beer/Wine license and 100 square feet operate as a tasting room with a Type 42 OnSale Beer/Wine license; both approved by the City of Palm Springs. We also used our Type 42 license to obtain a Type 58 Caterer's Permit to operate a beverage catering business.

Market Market Location
PSBS is in the process of obtaining a Type 21 Off-Sale General License that will allow us to sell spirits, wine, and beer. Our second location will be a 600 square foot specialty food market that also sells spirits, wine, and beer. Like our current location , PSBS at Market Market will operate as a shop within a shop. We will also continue to focus on products from LGBTQ+, BIPOC, and women makers and entrepreneurs, as well as local and California based brands. An approximate breakdown of categories of inventory is listed below:
40% alcohol (spirits, wine, beer, hard seltzer, hard kombucha, etc.) 35% grocery items (frozen food, meal kits, snacks, cheese, candy/chocolate, etc.) Item 1I - Page 13
15% non-alcoholic beverages (sodas, bottled water, tea, cold brew coffee, etc.) 5% sundries (sunscreen, toothpaste , condoms , soap, etc.) 5% paper goods (journals/diaries , books, greeting cards , cookbooks , etc.) 5% housewares, glassware , etc.

By opening a second location, PSBS will continue to contribute and help grow the Palm Springs economy and increase our tax contribution to the City. Our expans ion will also allow us to hire additional employees. We provide a living wage of $18 per hour as a starting/base rate.

We appreciate the City of Palm Springs comm itment to supporting local, small businesses and look forward to opening our second location in the spring of 2023.

Christopher White
Manager/Member
PS Bottle Shop, LLC

ATTACHMENT D
Item 1I - Page 14
Item 1I - Page 15
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ATTACHMENT E
Item 1I - Page 16
Item 1I - Page 17
Department of Alcoho lic Beverage Control

INFORMATION AND INSTRUCTIONS -
SECTION 23958 .4 B&P
State of California
Gavin Newsom, Governor
Instructions This fon11 is to be used for all applications for original issuance or premises to premises transfer of licenses. , Part I is to be completed by an ABC employee, given to applicant with pre-application package, with copy retained in holding file or applicant's district file.

Part 2 is to be completed by the applicant, and returned to ABC.

Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to ABC.

PART 1 - TO BE COMPLETED BY ABC

1. APPLICANT'S NAME

PS BOTTLE SHOP LLC

2. PREM ISES ADDRESS (Street number and name, city, zip code) 3. LICENSE TYPE 1555 S PALM CANYON DR., STE F, PALM SPRINGS, CA 92264-8304 21

4. TYPE OF BUSINESS
Full Service Restaurant
Deli or Specialty Restaurant
Cafe/Coffee Shop
Bed & Breakfast:

Wine only All
Supermarket
Liquor Store
DrugNariety Store
Other - describe:

5. COUNTY POPULAT ION

8. CENSUS TRACT NUMBER
Hofbrau/Cafeteria
Comedy Club
Brew Pub
Theater
Membersh ip Store
Department Store
FlorisVGift Shop
------------ -
Cocktail Lounge
Night Club
Tavern: Beer
Tavern : Beer & Wine
Service Station
X Conven ience Market
Conven ience Market w/Gasoline
Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
Swap MeeVFlea Market
Drive-in Dairy

6. TOTAL NUMBER OF LICENSES IN COUNTY
On-Sale Off-Sale

7. RATIO OF LICENSES TO POPULATION IN COUNTY
On-Sale

10. NO. OF LICENSES EXIST ING IN CENSUS TRACT
Off-Sale
Cf<::\;OS.

9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
On-Sale X Off-Sale On-Sale X Off-Sale

11. IS THE ABOVE CENSUS TRACT OVERCONCEN TRA TEO WITH LICENSES? (i.e., does the ratio of licenses to population in the census tract exceed Uie ratio of licenses to population for the entire county?) X Yes, the number of existing licenses exceeds the number allowed No, the number of existing licenses is lower than the number allowed

12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? Yes (Go to Item #13) No (Go to Item #20)

13. CRIME REPORTING DISTR ICT NUMBER 14. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRIC TS

16. AVERAGE NO. OF OFFENSES PER DISTRICT 17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT

19. IS THE PREMISES LOCATED IN A HIGH CRIME RtPORTING DISTRICT? (i.e., has a 20% greater number of reported crimes than the average number of reported crimes as determ ined from all crime ~ eporting districts within the jurisdiction of the local law enforcement agency) Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17 No, the total number of offenses in the reporting district is lower than the total number in item #17

20. CHECK THE BOX THAT APPLI ES (check only one box)
a. If "No" is checked in both item #11 and item #19, Section 23958.4 B&Pdoes not apply to this application, and no additional information will be needed - on this issue . Advise the applicant to bring this completed form to ABC when filing the application .

X b. If " Yes" is checked in eithe r item #11 QI item #19, and the applicant is applying for a non-retail license, a retail bona fide public eating place license, a - retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.16(b) B&P, or a retail license issued in conjuction with a beer manufacturer's license, or winegrower's license , advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possib le thereafter.
c. If" Yes" is checked in either item #11 QI item #19, and the applicant is applying for an off-sale beer and wine license , an off-sale general license, an on sale beer license, an on-sale beer and wine (public premises) license, or an on-sale general (public premises) license, advise the applicant to take this form to the local governing body. or its designated subordinate officer or body to have them complete Section 3. The completed form will need to be provided to ABC in order to process the application.

Governing Body/Designated Subordinate Name:

FOR DEPARTMENT USE ONLY
PREPARED BY (Name of Departmen1 Employee)

MARICELA MATA
ABC-245 (rev. 01-11)
Item 1I - Page 18
PART 2 - TO BE COMPLETED BY THE APPLICANT (If box #20b is checked)

21. Based on the information on the reverse, the Department may approve your application if you can show that public convenience or necess ity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justified in this area. You may attach a separate sheet or additional documention, if desired. Do not proceed to Part 3.

22. APPLICANT SIGNATURE 23. DATE SIGNED
PART 3 -TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a tiigtier than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Depart ment to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.

Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Council or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity.

24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCO HOLIC BEVERAGE LICENSE? Yes No See Attac hed (i.e., letter, resolution, etc .)

25. ADDITIONAL COMMENTS, IF DESIRED (may include reasons for approval or denial of public convenience or necessity):

26. CITY/COUNTY OFFICIAL NAME 27. CITY/COUNTY OFFICIAL TITLE 28. CITY/COUNTY OFFICIAL PHONE NUMBER

29. CITY/COUNTY OFFICIAL SIGNATURE - 3:0ATE SIGNED
ABC-245 REVERSE (rev. 01-11)

ATTACHMENT F
Item 1I - Page 19
Item 1I - Page 20

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
?

2. Address of Entity (Principle Place of Business)
ZZ~L 3. Local or Californ ia Address (if different tha #2)

4. State where Entity is Registered with Secretary of State A

5. Type of Entity
D Corporation Q(_umited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members , Managers , Trustees, Othe r Fiduciaries (please spec ify) 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 /JI I (ll c,-r-n PHtrz_ \Al I L ~ _ _ (..A1 ____ ,,_ V ______ t'T'J----'--''=-= C.-::;__ _ _ D Officer D Director ~ Member ~ Manager [name] D General Partner D Limited Partner
Other ________ _ ___ _
__ b--=---_,__A_._v.___l._,D~------M---=--'-~.L..L.:: .... ~=.S ___ __ Officer Director ~ Member --Manager [name] D General Partner D Limited Partner
Othe r ____ ______ _ _ _
_ _..G_--1~ 1 _/_/ '-"'~,J __ F~,.r,~z.~(=7~e_lZ4t,=----•;) _ _ Officer Direc tor ~ Member Manage r [name] {Revised 05/16/19)
D General Partner D Limited Partner
Other ____ _ _ _ _ _ _ _ _ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSUR E

APPLICANT DISCLOSURE FORM

Page 1 ends

Item 1I - Page 21
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Item 1I - Page 22

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

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] (percentage of beneficial interest in entity and name of entitvl
A.
6He, ,;rvP~ W Mi TE. "!>Z, ~ 'lo f>~ l?>o-rne-~Jh>,t> LL L ' [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
btw1 D /VlA-t'2-k.S' ~'Z. ~ '7o Ps. Bo-ft'te '"° P; '-""- [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
(;, u.,, 1'nJ fi 1"2.l,f fU\.~ o Z'5?, ? S So 1"R.c' S#wP L.L-t... I [name of owner/investor] [percentage of beneficia l inte r est in entity and name of entitvl D.
s,~'2-A /v\,~Jft!L...'- /0 ?o Ps ao~ ~ lht-=! U- '-
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owne r/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature o iscl°ill-: nnted Name, Title Date

PENALTIES
Falsification of informat ion or failu re to report information required to be reported may subject you to adm inistrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 ends

ATTACHMENT G
Item 1I - Page 23
Census Tract No. 9405
Census Tract Boundary
Project Site
Item 1I - Page 24
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CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

APPROVE AN AMENDMENT TO AGREEMENT NO. A5359 WITH CYRUN FOR

CAD/RMS SUPPORT AND MAINTENANCE
RECOMMENDATION:

Approve an amendment to Agreement No. A5359 with Cyrun (Attachment A) for CAD/RMS support and maintenance for $72,890 and authorize two one-year options for support and maintenance at the City’s sole discretion.

1. Authorize the City Manager or designee to execute the amendment and exercise the options.

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AN AMENDMENT TO AGREEMENT NO. A5359 WITH CYRUN

FOR CAD/RMS SUPPORT AND MAINTENANCE

FROM: Scott C. Stiles, City Manager

BY: Information Technology Department

SUMMARY:

This action will authorize an amendment to A greement No. A5359 with Cyrun for CAD/RMS support and maintenance for $72,890 and authorize staff to renew up to two additional years of support and maintenance.

RECOMMENDATION:

1) Approve an amendment to Agreement No. A5359 with Cyrun (Attachment A) for CAD/RMS support and maintenance for $72,890 and authorize two one- year options for support and maintenance at the City’s sole discretion.

2) Authorize the City Manager or designee to execute the amendment and exercise the options.

BUSINESS PRINCIPAL DISCLOSURE:

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

BACKGROUND:

On October 18, 2006, City Council approved Services and Software License Agreement A5359 with Cyrun for the purchase of a fully integrated Computer Aided Dispatch System (CAD) and Records Management System (RMS) for use by the Palm Springs Police Department and Dispatch Center. Approval of this agreement authorized the purchase of Alliance software, Cyrun interfaces, and ongoing associated maintenance costs. Since April of 2007, the Police Department has been using Alliance software for all CAD/RMS functions.

Dispatchers use the CAD system to log emergency calls and capture critical data related Item 1J - Page 1
City Council Staff Report
April 10, 2023 - Page 2
Approve Renewal Agreement – Cyrun

to each call, such as phone numbers, addresses, call types, times calls were received, dispatch time, and unit response and arrival times. The system ensures Dispatchers are aware of available resources , calls pending and have access to property preplans and pertinent safety details.

The Alliance RMS system is a platform used to submit, store, retain, and view reports, documents and information directly related to law enforcement operations. Crime, incident, and event information is entered and accessed using Alliance. Collision and automated citation data are imported into the Alliance system, ensuring that law enforcement activity and data are consolidated into a single platform for analytical purposes. The system is designed to cover the entire lifespan of records development, from the initial entry to the conclusion of the case, including all applicable case management.

STAFF ANALYSIS:

Staff is in the process of reviewing alternative CAD/RMS systems that would provide more robust access to contemporary technology, an improved interface, and enhanced data analytics. It is estimated that the selection and integration of a new CAD/RMS system could take up to two years from inception to completion. Until an alternate CAD/RMS system has been implemented, it is imperative that Alliance and its Cyrun int erfaces are maintained for use.

Staff is recommending approval of an amendment to the agreement with Cyrun for CAD/RMS support and maintenance for $ 72,890 and authorization of two one-year options for support and maintenance at the City’s sole discretion.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

Item 1J - Page 2
City Council Staff Report
April 10, 2023 - Page 3
Approve Renewal Agreement – Cyrun

FISCAL IMPACT:

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

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. A mendment
B. Business Disclosure Form
Item 1J - Page 3

ATTACHMENT A

Item 1J - Page 4
Item 1J - Page 5
AMENDMENT NO. 1 TO AGREEMENT A5359 COMPUTER-AIDED

DISPATCH AND RECORDS MANAGEMENT SYSTEM

BETWEEN THE CTTY PALM SPRINGS AND CYR UN

1. Parties and Date.

This Amendment No. 1 to the Computer-Aided Dispatch and Records Management System is made and entered into as of this I st day of May 2023, by and between the City of Palm Springs ("C ity") and Cyrun, a Californ ia Corporation with its principal place of business at 2125 Delaware A venue, Suite C, Santa Cruz, CA 95060 ("Contractor"). City and Contractor are sometimes individuall y referred to as "Party" and collectively as "Parties. "

2. Recitals.

2.1 Agreeme nt. The City and Contractor have entered into an agreement entitled "Comput er-Aided Dispatch and Records Management System •· dated October 9, 2006 ("Agreement" or '·Contract") for the purpose ofretaining the services of Contractor to provide application software support and maintenance.

2.2 Amendment. The City and Contractor desire to amend the Agreement to provide a clear term and updated pricing to continue the support and maintenance being provided .

3. Terms.

3.1 Section 7. Term of the Agreement is hereby amended to update the language to remove the autorenewal clause and replace it with a term of one year from May 1, 2023 to April 30, 2024 with two one-year renewal options at the City 's sole discretion.

3.2 Section 8. Price and Payment of the Agreement is hereby amended to replace the existing language to read maintenance and support services will be compensated at an amount not to exceed $72,890 annually.

3.2 Continuin g Effect of Airreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. I, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. I.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations· they have undertaken pursuant to this Amendment No. 1.
_3.4 ~everabilitv. [f any portjon of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall Pagel of J
Revised: 2.9.22
Item 1J - Page 6
continue in full force and effect.

3.5 Counterparts. This Amendment No. I may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instr ument.
(SIGNATURES ON FOLLOWING PAGE]
Revised: 2.9.22

Page 2 ends

Item 1J - Page 7

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRJNGS

ANDCYRUN
IN WITNESS WHEREOF, the Partie s have executed this Agreement as of the dates stated below.

CONTRACTOR:
,.,,,,,...-.

By:~~~-~ - -
~gnature Signature
(2nd s ignature required for Corpora tions)
Date: _·sj_~--=---/ d_-3 __ _
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __ _ Item No. __ _
APPROVED AS TO FORM: ATTEST:

By: - ----------City Attorney
By: --- ------- ---
City Clerk
APPROVED:

By: --------- - -- Date : - ---------City Manager - over $50,000 Deputy / Ass.istant City Manager - up to $50.000
Director - up to $25 ,000
Manager - up to $5,000

Page 3 ends

Revised: 2.9.22

ATTACHMENT B
Item 1J - Page 8
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

Cyrun

2. Address of Entity (Principle Place of Business)

2125 Delaware Avenue, Suite C, Santa Cruz, CA 95060

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

4. S tate where Entity is Registered with Secretary of State

California

If other than California, is the Entity also registered in California? F Yes F No

5. T ype of Entity

F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)

Glen Haimovitz, Founder/CEO F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other

John Roevekamp, Founder/CFO F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other

Darrell Luera, V.P. of Client Services F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other
Item 1J - Page 9

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

7. Owners/Inves tors 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.

Glen Haimovitz

[name of owner/investor]

66%

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

John Roevekamp

[name of owner/investor]

24%

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

Darrell Luera

[name of owner/investor]

10%

[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

John Roevekamp, CFO – 3/22/23

Signature
Item 1J - Page 10

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE YEAR TO

PROVIDE TALENT MANAGEMENT AND PAYROLL SOFTWARE SERVICES RECOMMENDATION:

Allow the Service Agreement (Attachment A) with NEOGOV to auto-renew for one additional year in the amount of $99,490 to provide talent management and payroll software services.

Attachments
Item 1K

CITY COUNCIL STAFF REPORT
D
ATE: APRIL 10, 2023 CONSENT CALENDAR
SU
BJECT: EXTEND THE SERVICES AGREEMENT WITH NEOGOV FOR ONE

YEAR TO PROVIDE TALENT MANAGEMENT AND PAYROLL

SOFTWARE SERVICES
F
ROM: Scott C. Stiles, City Manager
BY: I
nformation Technology Department
SUMMARY:

T
his action will allow for the Service Agreement with NEOGOV to auto renew for one additional year to provide HR management and payroll software services for fiscal year 23/24.

RECOMMENDATION:

A
llow the Service Agreement ( Attachment A ) with NEOGOV to auto renew for one additional year in the amount of $99,490 to provide talent management and payroll software services.

BUSINESS PRINCIPAL DISCLOSURE:

A
ccording to its Certificate of Status, Revised Bylaws, and Statement of Information, Governmentjobs.com, Inc. doing business as N EOGOV, is a California Corporation (Attachment B).

BACKGROUND:

T
he City started using NEOGOV in 2007 to streamline Human Resources processes and increase employee productivity and engagemen t. In May 2019, the City entered into a three-year agreement to replace the existing Highline system that NEOGOV had acquired adding HR Management, Payroll, and Time and Attendance services. Over the next two years, staff began converting from the legacy system. In July of 2022, Council renewed NEOGOV for an additional year of service in a last attempt to achieve the efficiencies originally promised. In January 2023, Council approved the acquisition, and implementation of Tyler Technologies Payroll and HR system to replace NEOGOV.

Item 1K - Page 1
City Council Staff Report
April 10, 2023-- Page 2
Extend Service Agreement – NEOGOV

STAFF ANALYSIS:

A payroll and HR management system is a large complex system and cannot be replaced in a short period of time. A conversion to a new system takes between nine and eighteen months. Staff has recently kicked off the implementation project with Tyler Technologies and has an aggressive go- live date of January 1, 2024. During this time, the current NEOGOV system still needs to be in place to process payroll and perform HR management processes. This will be the last renewal with NEOGOV.

Since the Service Agreement with N EOGOV included an auto rene wal clause , staff recommends allowing the current agreement with N EOGOV to renew for one additional year to provide talent management and payroll software services for fiscal year 23/24.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT
:

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

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles

ATTACHMENTS:

A. Service Agreement
B. Business Disclosure Form
Item 1K - Page 2

ATTACHMENT A

Item 1K - Page 3

SERVICES AGREEMENT
V032122
You agree that by placing an order through a NEOGOV standard ordering document entitled an “Order Form”, “Service Order,” or “SOW” (each, an “Order Form” for purposes of this Agreement) you agree to follow and be bound by the terms and conditions set forth herein. “Governmentjobs.com”, “NEOGOV”, “we”, and “our” means Governmentjobs.com, Inc. (D/B/A/

NEOGOV),
for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit,
Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule),
and Design
PD, LLC (D/B/A Agency360) (collectively, “NEOGOV” and, where applicable, its other affiliates; “Customer”, “you”, “your” means the NEOGOV client, customer, or subscriber identified in the Order Form).

If you are placing an order on behalf of a legal entity, you represent that you have the authority to bind such entity to the terms and conditions of the Order Form and these terms and, in such event, “you” and “your” as used in these agreement terms shall refer to such entity. “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement (the “Services Agreement” or the “Agreement”), documents incorporated herein including the applicable Order Form, Exhibits, Schedule(s), and Special Conditions (if any). “Special Conditions” means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.

1. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the “Services”). Customer hereby acknowledges and agrees that NEOGOV’s provision and performance of, and Customer’s access to, the Services is dependent and conditioned upon Customer’s full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the date of your signature on an applicable Order Form or use of the Services commences (the “Effective Date”). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.

2. SaaS Subscription.
a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the “Service Specifications”). Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to (a) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (b) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (c) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS Subscription”). “Authorized Users” means (i) Customer employees, agents, contractors, consultants (“Personnel”) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (ii) for whom access to the Services has been purchased hereunder. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party’s intention to not renew this Agreement, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.

3. Customer Responsibilities. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its 1 Item 1K - Page 4
Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.

4. Professional Services. “Professional Services” shall mean consulting, training services purchased by Customer in an applicable Order Form or detailed in a NEOGOV Scope of Work (SOW) relating to assistance, training, deployment, usage, customizations, accessory data processing, and best practices of and concerning the SaaS Applications. Professional Services may be ordered by Customer pursuant to a SOW and Service Specifications describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer does not execute a separate SOW, the Services shall be provided as stated on the Order Form and this Agreement and documents incorporated herein shall control. All Professional Services purchased by Customer must be utilized within twelve (12) months of the date of the applicable Order Form or SOW.

5. Payment Terms.
a) Fees. Unless otherwise stated in an Order Form, Customer shall pay all Subscription, Onboarding and Set-Up fees (“Subscription Fees”) and Professional Service fees (“Professional Service Fees”, collectively the “Fees”) within thirty (30) days of Customer’s receipt of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. Subscription Fees are based upon the Authorized User count unless otherwise stated in an Order Form and Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with a new Order Form at least thirty (30) day notice prior to commencement of a Renewal Term. The new Order Form shall be deemed to be effective if Customer (a) returns the executed Order Form to NEOGOV , (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the Order Form, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term. b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV’s net income or those exempt by applicable state law.

Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days of NEOGOV’s request therefor.
c) Customer Purchase Orders. Except as otherwise specified in an Order Form, Customer will not require any purchase order to pay fees due or otherwise to perform its obligations with respect to any Order Form. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order.

If a
purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall modify or supersede the terms and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.

6. Term and Termination.
2 Item 1K - Page 5
a) Term. Unless otherwise specified in an applicable Order Form, this Agreement shall commence on the Effective Date.

This Agreement shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services or other services detailed in a SOW, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy.

Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, after expiration or termination of this Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.

7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV .

8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades. Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available.

NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation; Training Materials. “Program Documentation” shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.

NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self-review of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities. c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer’s responsiveness. NEOGOV is notresponsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing it obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary.
d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays. Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and

the
3 Item 1K - Page 6
NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case. e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.

9. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV . Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.

10. Data Processing and Privacy.
a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV . NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”.

Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services. NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the Intellectual Property Rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement.
b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. c) Data Processing Agreement. To the extent Customer uses the Services to target and collect personal information from users located in the European Union, European Economic Area, or Switzerland (the “EU”) or the United Kingdom (“UK”), or has Authorized Users accessing the Services from the EU or UK, the following NEOGOV Data Processing Addendum (“DPA”) is incorporated herein by reference:
https://www.neogov.com/hubfs/Legal%20Documents/Customer%20Data%20Processing%20Addendum-signed.pdf. d) Data Responsibilities.
i) NEOGOV will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data.

NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such 4 Item 1K - Page 7
data into the Services. Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (i) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (ii) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (iii) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services.
e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV’s systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV , such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement.

11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein.

NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.

12. Nondisclosure.
a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.

5 Item 1K - Page 8
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
d) Equitable Relief. The parties recognize and agree there is no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach would irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.

13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY , AND NEOGOV STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD PARTY SERVICES. c) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS

AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV

DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT

CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL

ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND A VOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY , NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

14. Indemnification.
a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against claim, demand, suit or proceeding made or brought against NEOGOV (a) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (b) in connection with Customer’s violation of any applicable laws, or (c) any claim or allegation by any third party resulting from or related to Customer’s or any of its Authorized User’s breach of Section 3 of this Agreement, in each case provided that Customer is promptly notified of any and all such claims, demands, suits or proceedings and given reasonable assistance and the opportunity to assume sole control over defense and settlement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party’s intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV , provided that NEOGOV is promptly notified of any and all such claims, demands, suits or proceedings and given reasonable assistance and the opportunity to assume sole control over defense and settlement.
6 Item 1K - Page 9
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination.
ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV . NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV . NEOGOV will not indemnify Customer for infringement caused by Customer’s actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights.
iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV .

15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS

SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY , INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY , AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN V ALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY ,

SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE

ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE

OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
a) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT

UNDER THIS AGREEMENT, OR LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV

INTELLECTUAL PROPERTY RIGHTS, THE TOTAL LIABILITY OF EITHER PARTY FOR ANY AND ALL

CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR

RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY , OR ANY

OTHER LEGAL OR EQUITABLE THEORY , SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS

ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE EVENT INITIALLY GIVING RISE TO SUCH LIABILITY . THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR

CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF

LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES

AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY .

16. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those 7 Item 1K - Page 10
providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY , OR IMPLIED AS TO: (i) THE A V AILABILITY OF TELECOMMUNICATION SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

17. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer’s logo for such purposes, subject to any trademark usage requirements specified by Customer.

18. Force Majeure. Except for Customer’s payment obligations to NEOGOV , neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for anyact, circumstance, event, impediment or occurrencebeyond such party’s reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party.

19. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.

This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a “Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.

20. Entire Agreement; Amendment. This Services Agreement, the Exhibits hereto and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. Any Customer proposal for additional or different terms, or Customer attempt to vary in any degree any of the terms of this Agreement is hereby objected to and rejected but such proposal shall not operate as a rejection of this Service Agreement and Order Form unless such variances are in the terms of the description, quantity, or price but shall be deemed a material alteration thereof, and this Service Agreement and the applicable Order Form shall be deemed accepted by the Customer without said additional or different terms. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents. This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound.

21. General. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect. Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. The waiver, express or implied, by either party of any 8 Item 1K - Page 11
breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. Delivery of a copy of this Agreement or an Order Form bearing an original signature by facsimile transmission, by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. Customer may not assign this Agreement without the express written approval of NEOGOV and any attempt at assignment in violation of this Section shall be null and void. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. 9 Item 1K - Page 12
Exhibit A
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum (“Government Addendum”) forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a “Government Customer” means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or

political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).

1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.

2. Termination for Non-Appropriation of Funds. If Customer is subject to federal, state or local law which makes Customer’s financial obligations under this Services Agreement contingent upon sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body), and if such funds are not forthcoming or are insufficient due to failure of such appropriation, then Customer will have the right to terminate the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement.

3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.

4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws (“Open Records Laws”) the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws.

5. Cooperative Purchasing.

If Customer is a Government Customer, but is not a U.S. Federal Agency or subdivision thereof, NEOGOV agrees to allow any other state agency, department, political subdivision or instrumentality of the state but in all cases located in the same state as the Customer (“Related Agency”) to purchase Services under the terms of the Services Agreement, at the Related Agency’s discretion with the following requirements, exceptions and limitations: (a) a
ny purchases made by a Related Agency shall be transactions between the Related Agency and NEOGOV; for clarity, Customer shall not be responsible for any transactions between the Related Agency and NEOGOV , (b) the terms (including pricing) specified in the Order Forms entered into between NEOGOV and Customer shall not be incorporated into the transactions between the Related Agency and NEOGOV , and (c) the Related Agency will confirm in writing it has the authority to use the Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations or standards applicable to the Related Agency.
10 Item 1K - Page 13
Exhibit B
PowerEngage Platform Addendum
If Customer is purchasing the PowerEngage Platform pursuant to an Order Form, the following terms are hereby incorporated into the Services Agreement (“PowerEngage Addendum”). This PowerEngage Platform Addendum forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this PowerEngage Addendum and any other provision of the Services Agreement, the terms of this PowerEngage Addendum shall control.

1. Applicability. The provisions of this PowerEngage Addendum shall apply only if Customer has purchased the PowerEngage Platform pursuant to an Order Form.

2. CAD/RMS Assumptions. The parties agree that the fees specified with respect to the PowerEngage Platform on the applicable Order Form do not include any additional fees that the Customer’s CAD or RMS vendor may charge, if any. The Services Agreement and this Exhibit B is entered into with the mutual assumption that the PowerEngage Platform will be able to make a connection to Customer’s CAD or RMS replicated or reporting database directly or will be able to read from a file produced for such a purpose.

3. CAD/RMS Provisions. The definition of Confidential Information in Section 12 of the Services Agreement shall also include any Customer CAD and/or RMS data made available to NEOGOV in connection with the provision of the PowerEngage Platform.

4. SOW. NEOGOV agrees to provide the training, configuration and support services with respect to the PowerEngage Platform, and Customer acknowledges that its cooperation is required for efficient and timely implementation of the PowerEngage Platform, in accordance with the following:

PowerEngage Software
NEOGOV will be used to survey citizens that have interacted with Customer, send messages to citizens or other stakeholders and gather and report on data. Customer will be able to configure the surveys and rules based on data received from the Computer Aided Dispatch System. The results of the surveys will be stored within PowerEngage and available for display in a Feedback Board and within the analytics component called Measure. Other rules and messages can be built to be triggered to send on certain events as driven by the rules engine.

NEOGOV and Customer Responsibilities
The bullet points below outline when NEOGOV , Customer, or both NEOGOV and Customer have responsibility with respect to a particular deliverable.

1. NEOGOV will configure a tenant and telephone number group for the Customer

2. NEOGOV will schedule a 90-minute kickoff call with the Customer to review the objectives, timeline and mutual deliverables ● Configure Customer administrator account - NEOGOV
● Walk Customer through the survey builder - NEOGOV
● Walk Customer through the rules builder - NEOGOV
● Walk Customer through the Feedback Board- NEOGOV
● Walk Customer through Activity /Survey tools- NEOGOV
● Walk Customer through the CueHit CAD Data Agent and what is needed for the connection to CAD - NEOGOV

3. Customer will gather information needed for Surveys, Rules, Tasks and CAD/RMS Data – Customer

4. NEOGOV will coordinate a CAD/RMS Connection Workshop with Customer ● Configure PowerEngage CAD/RMS agent- NEOGOV and Customer ● Connect to Customer CAD/RMS Data – Customer
● Test data – NEOGOV and Customer

5. NEOGOV will coordinate a 2-hour Survey Workshop with Customer ● Consult on the questions to ask in a satisfaction survey (maximum of 3 to 5 questions) = NEOGOV and Customer ● Configure the questions in the survey tool = NEOGOV and Customer 11 Item 1K - Page 14
● Configure the acceptable responses in the survey tool = NEOGOV and Customer ● Configure additional criteria (Follow Up question only) = NEOGOV and Customer ● Send sample survey to Customer on text message = NEOGOV and Customer ● Review in Feedback Board and Activity Screens= NEOGOV and Customer

6. NEOGOV will coordinate a 2- 4 hour Rules Workshop with Customer to jointly ● Consult on the rules for surveys and automatic text notifications = NEOGOV and Customer

● Configure the rules and texts = NEOGOV and Customer
● Send example encounters to test rules = NEOGOV and Customer ● Review in Activity= NEOGOV and Customer

7. NEOGOV will coordinate a 2 Hour Task Creation and Notification Workshop with Customer to jointly:
● Configure Tasks and Task Assignments
● Identify Personnel information needed for notifications and digest emails ● Import Personnel information for receiving messages and emails from Customer provided .xls or .csv

8. NEOGOV will schedule a 2-hour Analytics Workshop with the Customer to review the ideas for the Dashboards to reflect the results of the surveys.
● NEOGOV will review standard visualizations and data in the dashboard ● NEOGOV will request from the Customer, input on the data and visualization to be presented in the Measure Tool ● Once agreed, a maximum of 1 custom visualizations will be created by NEOGOV and deployed to the Customer’s environment

9. NEOGOV will train the Customer Administrators on the use of the PowerEngage configuration tools, Measure tools and Activity logs.

Support Services
Telephone Assistance.

Customer will be given the telephone number for a support line and will be entitled to contact the support line during normal operating hours, (between 7:30am and 5:30pm Central Time) on regular business days, excluding NEOGOV holidays, to consult with NEOGOV technical support staff concerning problem resolution, bug reporting, documentation clarification, and general technical guidance. Assistance may include remote connectivity, modem, or electronic bulletin board.

Software Problem Reporting. Customer may submit requests to NEOGOV identifying potential problems in the PowerEngage software. Requests should be in writing and directed to NEOGOV by e-mail, or through the NEOGOV support website.

NEOGOV retains the right to determine in the final disposition of all requests and will inform Customer of the disposition of each request. If NEOGOV acts upon a request, it will do so by providing a bug fix.

Scheduled Maintenance.

Software may be unavailable periodically for system maintenance. Regular system maintenance includes installation of the software updates, operating system updates/patches and updates to other third-party applications as needed. Customers are notified of maintenance periods via an email message or via a banner on the main page of the PowerEngage Platform.

Exclusions from Technical Support Services:

NEOGOV shall have no support obligations with respect to any third-party hardware or software product. 12 Item 1K - Page 15
Exhibit C
HRIS Addendum
The following terms govern the use of the HRIS Services (the “HRIS Addendum”) as they relate to specific HRIS Services ordered by Customer in an Order Form. “HRIS Services” refers to the following SaaS Applications or any Add-Ons (defined below) or Professional Services related to such SaaS Applications: NEOGOV Core HR, NEOGOV Payroll, and NEOGOV Time and Attendance. If any provision within the HRIS Addendum directly conflicts with any other provision of the Services Agreement, the terms of this Addendum shall control.

Implementation; Add-Ons; and Configuration Limitation. Implementation of HRIS Services as detailed in the standard statement of work (“SOW”) and the mutually agreed-upon scope document (“Scope”) will proceed in accordance with the estimated implementation schedule provided by NEOGOV and as further detailed in the SOW and Scope. Implementation services not included in the SOW and Scope may be subject to additional fees. Customer acknowledges that the timeline for the implementation schedule is an estimate only and dependent on a number of variables, including but not limited to Customer’s responsiveness to NEOGOV’s requests during the implementation process and Customer’s obligation to fill out the “Implementation Workbook” to facilitate the implementation process. In the event that Customer does not order the full suite of HRIS services offered, NEOGOV may be required to generate custom feeds for Customer for an additional fee. During implementation, Customer may elect optional add-on services that supplement the SaaS Applications (the “Add-Ons”). After completion of implementation, any subsequent changes Customer requests to the configuration of the HRIS Services will be at cost.

NEOGOV
will
have no responsibility fornor any duty to review,verify, correct or otherwise perform
any
investigation
as to
the
completeness,
accuracy
or
sufficiency
of any data or information input into the HRIS system
by or on behalf of
the
Customer. Customer
is solely responsible for ensuring that all data entered into and stored in the HRIS system is accurate and complete, and for correcting any errors or discrepancies in such data.

CORE HR and Benefits – Additional Terms
The following terms shall apply to the extent that Customer orders the NEOGOV Core HR, and HRIS Services involving benefits administration (the “Benefits Module”):

1. Benefits Module Representative. Customer shall designate one or more persons who shall serve as NEOGOV’s designated contact for the Benefits Module (the “Benefits Representative”). Customer represents and warrants to NEOGOV that the Benefits Representative has, and shall at all times have, the requisite authority to transmit information, directions and instructions on behalf of Customer, each “plan administrator” defined in Section 3(16)(A) of the ERISA and Section 414(g) of the Code and, if applicable, each “fiduciary” (as defined in Section 3(21) of ERISA) of each separate employee benefit plan covered by the Benefits Module (each, a “Benefit Plan”). The Benefits Representative also shall be deemed to have authority to issue, execute, grant, or provide any approvals, requests, notices, or other communications required or permitted under the Services Agreement or requested by NEOGOV in connection with the Benefits Module.

2. Use of the Benefits Module.
a) HR Users. Customer shall authorize an administrator to input information and access certain information relating to (i) the benefits offered by Customer and (ii) Customer’s employees/plan participants and their benefit options and elections as well as view certain personal and company information regarding company employees. The Benefits Module permits Customer’s employees/plan participants to make various benefits elections and to view and update certain personal and company information. It is Customer’s responsibility to submit instructions and information relating to the Benefits Module and to verify the accuracy and completeness of all such instructions and information submitted by Customer, employees, and plan participants. b) NEOGOV Not Fiduciary Advisor. Customer acknowledges and agrees that, in making the Benefits Module available, NEOGOV is not acting as an investment advisor, broker-dealer, insurance agent, tax advisor, attorney or intermediary or a financial or benefit planner. NEOGOV is not providing any benefits, tax advice, or any information related thereto; Customer is responsible for making available all benefits and information related thereto referenced or included in the Benefits Module.
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c) NEOGOV’s Health Care Clearinghouse Status. Customer expressly acknowledges and agrees that NEOGOV is not a “Health Care Clearinghouse”, a “Covered Entity” or a “Business Associate” within the meaning of HIPAA, and Customer shall not request or otherwise require NEOGOV to act as such. To the extent that NEOGOV is required to enter into any additional agreement as a result of Customer’s use of the Benefits module, Customer shall be responsible for any liability incurred by NEOGOV thereunder.

3. Additional Termination Rights. NEOGOV may terminate Core HR, the Benefits Module, or this Services Agreement immediately upon written notice to the Customer upon (a) the failure of Customer to maintain its Benefit Plan(s) in compliance with ERISA or other applicable laws or regulations or (b) NEOGOV’s determination that the exercise of any of the rights granted hereunder or the continued performance by NEOGOV of its obligations under this Services Agreement would cause NEOGOV to violate any applicable international, federal, state or local law(s) and/or regulation(s).

4. ERISA. The terms of this Section only shall apply to the extent Customer uses services governed, in whole or in part, by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) a) NEOGOV’s Non-Fiduciary Status. Customer expressly acknowledges and agrees that NEOGOV is not an “Administrator”, “Plan Sponsor,” or a “Plan Administrator” as defined in Section 3(16)(A) of ERISA, and Section 414(g) of the Internal Revenue Code of 1986, as amended (the “Code”), respectively, nor is NEOGOV a “fiduciary” within the meaning of ERISA Section 3(21), and Customer shall not request or otherwise require NEOGOV to act as such. NEOGOV shall not exercise any discretionary authority or control respecting management of any of Customer’s benefit or welfare plans (“Plan” or “Plans”) or management or disposition of any of Customer’s benefit or welfare Plan assets. NEOGOV shall not render investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of any Plan, nor does NEOGOV have any authority or responsibility to do so. NEOGOV has no discretionary authority or discretionary responsibility in the administration of the Plan(s).
b) Use of NEOGOV’S Name. Customer or the Plan Administrator must obtain the prior written consent of NEOGOV to insert any references to NEOGOV or its affiliates, or to NEOGOV Services, with respect to any communication or document pertaining to a Plan prepared by Customer, or on behalf of Customer (other than documents prepared by NEOGOV), unless the reference only identifies NEOGOV as a service provider or the reference is required in a filing or document required by ERISA or any other applicable law. Without limiting the foregoing, in no event may Customer or the Plan Administrator identify or refer to NEOGOV as “administrator”, “plan administrator”, “third-party administrator”, “plan sponsor”, “fiduciary”, “plan fiduciary” or similar title.

5. Direct to Carrier Services. Customer may elect direct to insurance carrier services (each a “Carrier Link”) at its option, each for an additional cost. Reconfiguration of existing Carrier Links, establishing new Carrier Links, and additional elections are available for an additional fee and may be completed by NEOGOV at NEOGOV’s then current rates.

Customer may access and use the NEOGOV HRIS Services to electronically transmit employee data, including employee benefits enrollment data, to Customer’s carriers or other third parties authorized by Customer. NEOGOV’s ability to transmit data is subject to the provision of a current functional interface between HRIS Services and the carriers’ systems. NEOGOV will not be obligated to transmit Customer’s data to carriers if at any time Customer’s carriers fail to provide the proper interface as solely determined by NEOGOV . If Customer requires development of any special or customized interfaces to transmit such data, all work performed by NEOGOV to create such interfaces will be at NEOGOV’s then current fees for such services. NEOGOV makes no warranty that each carrier’s specifications will conform with NEOGOV’s current functional interfaces. In the event a carrier provides formats or specifications not supported by the NEOGOV HRIS Services, Customer will be solely responsible for transmitting the data to such carrier using an alternative system to be determined solely by Customer. Customer shall be responsible for promptly reviewing all records of transmissions to carriers and other reports prepared by NEOGOV for validity and accuracy according to Customer’s records, and Customer will notify NEOGOV of any discrepancies promptly after receipt thereof.

Payroll Services – Additional Terms
The following terms shall apply to the extent that Customer orders the NEOGOV Payroll Services module:

1. Payroll Processing and Tax Filing. NEOGOV will deliver (i) payroll administrative services to Customer through NEOGOV’s payroll software as a service (the “Payroll Module”), (ii) at Customer’s election, direct deposit administration to those employees electing such service via ACH processing (collectively referred to as the “Payroll Services”), remit payroll taxes on Customer’s behalf to those federal, state, and local taxing jurisdictions designated by 14 Item 1K - Page 17
Customer, and file related tax returns (such remitting of payroll taxes and filing of related tax returns, the “Tax Services”). At NEOGOV’s then current fees, NEOGOV may also process calendar year-end W-2 forms for Customer’s employees and Forms 1099-MISC. NEOGOV will, and Customer hereby authorizes NEOGOV and Fulfillment Partners to, initiate debits or reverse wire transfers prior to each paydate for Customer’s payroll (“Paydate”) and credit the bank accounts of Customer’s employees and others to be paid by Customer by direct deposit payment on Paydate (a “Payee”), all in compliance with the operating rules of the National Automated Clearing House Association and the terms and conditions hereof. For purpose of clarity, the parties understand and agree that NEOGOV does not print and/or send paychecks for or on behalf of Customer.

2. Documentation and Required Information.
a) Authorization Forms; Proof of Name. Customer will be required to complete and submit the following documents in order to use the payroll processing components of Payroll Module: (i) power of attorney forms for each jurisdiction in which Customer will use the HRIS Services (the “POA”), (ii) Authorization to Debit/Credit Bank Account(s)/Obtain Bank Account Information (the “Authorization Form”), (iii) an IRS proof of legal name/FEIN and (iv) any authorization form for Fulfillment Partner authorizing debiting and crediting Customer’s bank account. b) Proof of Existence. Customer will provide NEOGOV , and authorize NEOGOV to provide to Fulfillment Partner, Customer’s (i) legal name, and “doing business as” name if applicable, (ii) physical street address (not a PO Box or PMB), (iii) phone number, (iv) Primary Business Activity (Nature of Business), (v) Duns Number (if one exists), (vi) Tax ID Number, (vii) estimated transaction count and dollar volume, (viii) number of employees, and (ix) supporting evidence via (A) either certified Articles of Incorporation, IRS EIN Letter, unexpired government issued business license, trust instrument or other government-issued evidence showing legal existence, and (B) either a voided business check, copy of utility bill, other evidence of legal name, physical address, DBA Name, or Tax ID. c) Permitted Disclosure Authorization. Customer hereby authorizes NEOGOV to (i) provide Customer’s data to Fulfillment Partner for the purposes of performing the Payroll and Tax Services, and (ii) take such action as is necessary to perform the Payroll and Tax Services.
d) Time and Attendance Information. Prior to commencement of Time and Attendance Services, Customer shall provide to NEOGOV all necessary information and guidance relating to its time and attendance policies and guidelines and coordinate with NEOGOV to establish standards for NEOGOV in its execution of the Time and Attendance Services. Customer agrees to promptly comply with NEOGOV’s request for such additional documentation and understands that Payroll or Tax Services may be impaired or delayed if Customer does not comply with such request.

3. Customer Obligations, Representations, and Warranties. Customer acknowledges that NEOGOV's obligation to perform the HRIS Services is subject to Customer’s obligations, representations, and warranties. Customer represents and warrants the following:
a) Processing Authorization. Customer authorizes NEOGOV to process payroll entries on behalf of Customer.

Customer acknowledges that NEOGOV is acting solely in the capacity of data processing agent and is not a source of funds for Customer. Customer shall be liable for each payroll related transaction initiated by NEOGOV on behalf of Customer, whether by electronic entry or wire transfer. NEOGOV , or its Fulfillment Partners, electronically transmit employee data, including employee payroll data, to designated third parties, and Customer authorizes NEOGOV and its Fulfillment Partners, to provide such transmission on Customer’s behalf. Customer agrees that NEOGOV maintains specific Fulfillment Partner(s) for NEOGOV Payroll and Tax Services fulfillment during the term of and in accordance with this Services Agreement and that Customer shall not, directly or indirectly, supplement, substitute, or otherwise modify the provision of such Payroll and Tax Services without terminating this Services Agreement.
b) Information Accuracy; Reliance; Change Notice. Customer shall input, maintain, and verify the accuracy of any and all information, including payroll and tax information, and Customer shall continually ensure that such information is kept complete, accurate, delivered on time, and up to date at all times. Customer acknowledges that NEOGOV and NEOGOV Fulfillment Partners will rely on the accuracy of this information as it performs its requested functions. NEOGOV shall not be responsible for any delays or inaccuracies in Customer’s delivery of data to NEOGOV . Customer will notify NEOGOV immediately of any change in the processing information, including the Authorization Form. Customer will also obtain a voluntary written authorization from any Payee prior to the initiation of the first credit to the account of such Payee and shall provide upon demand a copy of such written authorization to NEOGOV .
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c) Processing Deadlines. Unless otherwise agreed to by the Parties, Customer will: (a) complete and execute all required documentation so that NEOGOV or Fulfillment Partner may withdraw funds from Customer’s account to process direct deposit payrolls, (b) input or report all relevant payroll data for ACH transmissions to NEOGOV no later than 2:00 p.m. Pacific Standard Time (PST) three (3) banking days prior to each Paydate, (c) input or report all other relevant payroll data to NEOGOV no later than 2:00 p.m. Pacific Standard Time (PST) two banking days prior to each Paydate, (d) have available in Customer’s bank account good, collectable funds in a sufficient amount to cover funding disbursements, checks, direct deposits, tax payments, or recurring payments to third parties no later than the opening of business (i) two banking days prior to each Paydate for debits by electronic entry, and (ii) two banking days prior to each Paydate for funding by wire transfer, and (e) compare all reports on credits or debits initiated by Customer to NEOGOV’s records and promptly notify NEOGOV of any discrepancies. In the event Customer does not meet the deadlines specified herein, NEOGOV shall make reasonable efforts to complete processing prior to the Paydate; however, NEOGOV makes no representation or warranty that payroll will process by the Paydate where Customer fails to provide all required documentation by the deadline. Additional Fees may apply for expedited processing.
d) Customer Review. Within seven (7) business days after receipt from NEOGOV , Customer will promptly conduct a detailed review of all payroll and tax registers produced by NEOGOV or Fulfillment Partners for accuracy, validity and conformity with Customer’s records. Customer will promptly notify NEOGOV of any error or omission discovered by Customer in any payroll registers, disbursement records, payroll or tax reports and documents produced by NEOGOV or Fulfillment Partners, or any discrepancy between the information provided by NEOGOV or Fulfillment Partners, and Customer’s records. Customer will not rely on any record, report or document containing any discovered error, omission or discrepancy until such error, omission or discrepancy, has been corrected. Customer will be responsible for any consequences resulting from instructions Customer may give to NEOGOV or Fulfillment Partners with regard to HRIS Services or any payroll registers, disbursement records, reports and documents prepared by NEOGOV based on information provided by Customer. e) Document Retention. Customer will retain copies of all information entered into or generated by the HRIS Services and Customer shall be solely responsible for maintaining such data, and all tax records, in accordance with any legal obligations.
f) Special Processing. Customer understands and acknowledges that administering processing dates beyond standard payroll dates, and correcting, amending, or cancelling payroll entries or mistaken reversals (collectively “Special Processing”), are complicated, highly manual, and may result in additional expenses, tax consequences, and penalties. Therefore, Special Processing may be subject to additional NEOGOV Fees. g) Recovery Cooperation. Customer agrees to undertake reasonable efforts to cooperate with NEOGOV and any other parties involved in processing any transactions hereunder to recover funds credited to any employee as a result of an error made by Customer, NEOGOV , or Fulfillment Partners, or any other loss recovery efforts and in connection with any actions that the relevant party NEOGOV may be obligated to defend or elects to pursue against any third-party.
h) Compliance with Laws. Customer acknowledges that, in order to put into effect the Payroll Services which include ACH transactions, Customer will be the Originator of the ACH transactions and will follow and be bound by the rules for ACH Originators as adopted from time to time by the NACHA. Customer agrees that it has assumed the responsibilities of an Originator under the ACH Rules and acknowledges that entries may not be initiated in violation of the laws of the United States. Customer agrees to be compliant with laws. Customer will comply with all laws including, but not limited to, the U.S. Patriot Act, the Unlawful Internet Gambling Enforcement Act, the Bank Secrecy Act, and Anti Money Laundering laws.

4. Effect of Failed Funds. If Customer fails to pay the taxes, direct deposits, employee payments or other charges, including fees, then Customer agrees to pay NEOGOV for all costs of collection, including reasonable attorney fees, which may be associated with collection of the amounts due. NEOGOV also may, at its sole option, terminate this Services Agreement and withhold or suspend any work in progress. This is in addition to any other rights NEOGOV may have under this contract or under law. NEOGOV also reserves the rights to reverse employee transactions and /or tax payments for which funds have not been received from Customer.

5. Rejection of Entries. NEOGOV shall reject any file or entry that does not comply with the requirements of this Services Agreement, the NACHA Rules, or uses an improper SEC Code, or if NEOGOV suspects fraud or illegal or improper activity. NEOGOV shall have no liability.
16 Item 1K - Page 19

6. Resolution of Error Exceptions. For the purposes of this Section, the term “error exception(s)” shall mean any data requirements within the HRIS Services that, based on Customer’s configuration, have been assigned a severity level designation of “error”; such designation shall create a requirement for an operational task to be completed by Customer in order to proceed with Customer’s processing, including processing of Customer payroll for the designated period.

Failure to resolve an error exception will prevent Customer’s payroll from being processed as scheduled. NEOGOV is not obligated to clear any such error on behalf of Customer.

7. NEOGOV Errors and Omissions Warranty. NEOGOV warrants it will use commercially reasonable efforts to properly transmit the appropriate reports, data, or filings based on the information provided in Customer’s HRIS Services. In addition, NEOGOV will use commercially reasonable efforts to rectify any Customer report, data, or filing error, including any deposit, corrected or reversal debit or credit entry, for which NEOGOV is solely responsible; provided that, in each case Customer advises NEOGOV no later than ten (10) business days after the occurrence of such errors or omissions. This is Customer’s sole remedy in the event of a breach of the foregoing warranty. Notwithstanding the foregoing, Customer will be solely responsible for payment of all tax penalties, interest, and additional NEOGOV fees if: (i) the penalty is the result of incorrect, inaccurate, or incomplete information Customer provides to NEOGOV , (ii) Customer has insufficient funds in Customer’s designated bank account to process HRIS Services, or (iii) a party other than NEOGOV , or a NEOGOV Fulfillment Partner, fails to perform services in a timely manner.

8. Additional Liability and Warranty Limitations. NEOGOV , ITS PROVIDERS, AND FULFILLMENT PARTNERS, AND

THE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS OF EACH WILL NOT BE LIABLE UNDER ANY

CIRCUMSTANCES OR UNDER ANY THEORY OF RECOVERY (WHETHER IN CONTRACT OR TORT OR OTHERWISE) FOR (i) ANY FEES, COSTS, CHARGES, OR ANY DAMAGES CAUSED BY LOST SHIPMENT OR

TRANSMISSION OF CHECKS OR ANY FORM OF DISBURSEMENT INCLUDING, BUT NOT LIMITED TO,

STOP PAYMENT FEES, REPRINTING OR RETRANSMISSION COSTS, SHIPPING CHARGES, OR CONSEQUENTIAL EXPENSES AND DAMAGE, (ii) ANY CHARGES, FEES, OR EXPENSES INCURRED BY CUSTOMER, CUSTOMER’S AGENTS, OR EMPLOYEES WHICH ARE DUE TO LATE PAYCHECKS,

REGARDLESS OF WHETHER SUCH PAYCHECKS ARE TO BE PREPARED AND DELIVERED BY NEOGOV , FULFILLMENT PARTNERS, OR BY CUSTOMER, (iii) NON‐PERFORMANCE OF HRIS SERVICES WHICH

HA VE BEEN SUSPENDED DUE TO FAILURE OR DELAY IN PAYMENT OF FEES OWED UNDER THIS

SERVICES AGREEMENT, AND (IV) FOR ANY DAMAGES TO CUSTOMER ARISING FROM OR IN

CONNECTION WITH A DECISION BY NEOGOV TO SUBMIT FILES FOR PROCESSING AFTER CUSTOMER HAS FAILED TO CLEAR OUTSTANDING ERROR EXCEPTIONS WITHIN THE SPECIFIED DEADLINE.

9. Additional Termination Rights.
a) Termination for Default. Customer’s breach of the NACHA Rules, violation of any applicable federal or state regulation, or failure to maintain account funding as required by this Services Agreement (and as a result any debit to Customer’s account is returned), shall each constitute a default. Upon default, NEOGOV may suspend the HRIS Services or terminate this Services Agreement in a manner that permits NEOGOV to comply with the NACHA Rules. Termination is effective immediately upon written notice of such termination to Customer. The right to suspend the HRIS Services and/or terminate this Services Agreement is in addition to any other rights and remedies provided under this Services Agreement or otherwise under law. b) Effect of Termination. No termination of this Services Agreement shall release Customer from any obligation to pay NEOGOV any amount that has accrued or becomes payable at or prior to the date of termination. No suspension of HRIS Services shall release Customer from any obligation to pay NEOGOV any amounts due under this Services Agreement. Customer shall not be entitled to any refund of any amounts paid to NEOGOV as a result of a termination based on Customer’s default. Notwithstanding the termination of this Services Agreement, the parties shall continue to comply with the NACHA Rules with respect to transmissions pursuant to this Services Agreement.
17 Item 1K - Page 20
Exhibit D
Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html and/or https://apidocs.powerdms.com (“Affiliated API”) or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service (“Customer Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services and this Exhibit D shall not apply to HRIS Services.

1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer’s human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”).

Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted. Customer may not use the API for any other purpose without our prior written consent.

Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.

2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV . All right, title, and interest in and to the third-party materials, including all intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.

3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.

4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html and/or https://apidocs.powerdms.com from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.

5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV . NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control.

6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and 18 Item 1K - Page 21
access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, NEOGOV reserves the right to change for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.

7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.

Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior. This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.

8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as-determined solely by NEOGOV . If this occurs, NEOGOV reserves the right to throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.

9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT

WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,

NEGLIGENCE, STRICT LIABILITY , OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST

PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF

BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE

AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM

YOU MAY HA VE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.

10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 19 Item 1K - Page 22

ATTACHMENT B

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CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

APPROVAL OF A WATER METER EASEMENT TO THE DESERT WATER

AGENCY FOR IRRIGATION OF LANDSCAPING RELATED TO THE CV LINK BIKE PATH PROJECT WITHIN CITY PROPERTY (ENGINEERING FILE R 22-13-1600) RECOMMENDATION:

Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a 10-foot wide by 15-foot long easement for a water meter within City property identified by APN 680-180-048; and

1. Authorize the City Manager to execute all necessary documents associated with the grant of easement.

2. Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF A WATER METER EASEMENT TO THE DESERT WATER

AGENCY FOR IRRIGATION OF LANDSCAPING RELATED TO THE C V

LINK BIKE PATH PROJECT WITHIN CITY PROPERTY (ENGINEERING FILE R 22-13-1600)

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The Coachella Valley Association of Governments (CVAG) consultant, designing the CV Link Bike Path (CVLink), is requesting an easement for a Desert Water Agency (DWA) water meter to be placed within Assessor Parcel Number (APN) 680- 180-048, a City - owned property. The water meter is for landscape irrigation and located adjacent to the CV Link bike path on the west side of Lawrence Crossley Road at approximately 1600 S.

Lawrence Crossley Road. This action will approve and authorize the City Manager to grant to DWA an easement and the right to construct, use, maintain, and operate a water meter and interrelated components across said City-owned property.

RECOMMENDATION:

1. Approve a Grant of Easement to Desert Water Agency, a California Public Agency, for a 10-foot wide by 15-foot long easement for a water meter within City property identified by APN 680-180-048; and

2. Authorize the City Manager to execute all necessary documents associated with the grant of easement.

BUSINESS PRINCIPAL DISCLOSURE:

Desert Water Agency is a not -for-profit government agency founded as a groundwater management agency in the western Coachella Valley in 1961 and started providing water service to customers in Palm Springs and Cathedral City in 1968.

Item 1M - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Desert Water Agency Easement for CV Link

STAFF ANALYSIS:

CV Link is envisioned as a 40- mile, valley wide pathway that is accessible to bicyclists, pedestrians, and low-speed electric vehicles. There are currently t wo segments of CV Link open to ride. The first segment of CV Link runs 2.3 miles between Ramon Road in Cathedral City and Vista Chino in Palm Springs. The second segment of CV Link open is approximately 1 mile and runs adjacent to Demuth Park in Palm Springs. The CV Link is independently funded separately of local city municipalities and public utility companies.

Portions of the pathway will feature covered shelters, painted and colored concrete, brick pavers (hardscaping), and enhanced plant landscaping.

A portion of the CV Link within Palm Springs heading east crosses under Gene Autry along the northern side of Tahquitz Creek Golf Course then turns south along the west side of Lawrence Crossley Road. At this turning point, there is a CV Link access point which will have enhanced landscaping and hardscaping features. Desert Water Agency has requested an easement from the City of Palm Springs to place a water meter that encroaches within City-owned property for the landscaping at this access point.

A legal description (Exhibit “A”) and map (Exhibit “B”) have been prepared and ar e included as Attachment A along with a Grant of Easement ( Attachment B ) for the encroachment. The Grant of Easement has been reviewed and approved by the City Attorney.

LAWRENCE CROSSLEY ROAD
Item 1M - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Desert Water Agency Easement for CV Link

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

The CVLink has an approved CEQA environmental document. The installation of the water meter would be covered under the approved CVLink environmental document.

ALIGNMENT WITH STRATEGIC PLANNING:

The CV Link and enhanced landscaping and hardscaping coincides with Community Design Element (Section 9) found in the General Plan. In part, this area will:

• Preserve and enhance the visual quality of the City.
• Enhance vehicular and pedestrian corridors through the use of consistent design features.
• Protect viewsheds and scenic corridors.
• Encourage environmentally friendly and sustainable design and building practices.

FISCAL IMPACT:

There will be no fiscal impact to the City as the Grant of Easement stipulates that all costs associated with the installation and maintenance of the water meter will be borne by Desert Water Agency, as well as any costs associated with damage to City property due to additional construction, replacement, maintenance, maintenance vehicles, and maintenance personnel.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Legal Description of Easement (Exhibit “A”) and (Exhibit “B”) B. Grant of Easement to Desert Water Agency

Item 1M - Page 3

ATTACHMENT A

Item 1M - Page 4
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 22-13-1600

Page 1 of 2 ends

APN 680-180-048
A 10 FOOT WIDE STRIP OF LAND, IN THE CITY OF PALM SPRINGS, COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN., MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, SAID CORNER ALSO BEING THE POINT OF COMMENCEMENT FOR PARCEL NO. 3 OF GRANT DEED TO DESERT WATER AGENCY (DWA) RECORDED SEPTEMBER 19, 2007 AS INSTRUMENT NO. 2007-05904014, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 89°50'46" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 74.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL NO. 3,
THENCE NORTH 00°12'25" WEST ALONG THE EASTERLY LINE OF SAID PARCEL NO. 3, A DISTANCE OF 351.79 FEET AS DESCRIBED IN SAID DWA GRANT DEED; THENCE LEAVING SAID EASTERLY LINE SOUTH 89°54'07" EAST, A DISTANCE OF 29 .00 FEET TO A POINT ON THE BOUNDARY OF SAID PARCEL NO. 3 AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 89°54’07” EAST A DISTANCE OF 15 .00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY OF LAWRENCE CROSSLEY ROAD (30-FOOT HALF WIDTH), SAID POINT LYING 60.00 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID PARCEL NO. 3;
THENCE SOUTH 00°12’25” EAST ALONG SAID WEST RIGHT -OF-WAY LINE, A DISTANCE OF 10.00 FEET;
THENCE LEAVING SAID WEST RIGHT-OF-WAY LINE NORTH 89°54’07” WEST, A DISTANCE OF 15.00 FEET;
THENCE NORTH 00°12’25” WEST A DISTANCE OF 10.0 0 FEET TO THE POINT OF BEGINNING.

THE ABOVE DESCRIBED EASEMENT CONTAINS 150 SQUARE FEET, MORE OR LESS.

Item 1M - Page 5
EXHIBIT “A”

APPROVED LEGAL DESCRIPTION
R 22-13-1600

Page 2 of 2 ends

SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS-OF- WAY, AND EASEMENTS OF RECORD, IF ANY.

EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE, MADE A PART OF.

THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.

ERIK T. HOWARD, P.L.S. 7648
DATE: OCTOBER 6, 2022
Item 1M - Page 6
Item 1M - Page 7
CENTER SEC. 20
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EXHIBIT "B"
R 22-13-1600
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APN 680-180-029
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REC. 9/19/2007 \...

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CITY OF PALM SPRINGS ENGINEERING SERVICES
lfGAL DESCRIPOON:

DWA ACCESS EASEMENT

SEE EXHIBIT 'A'
LEGEND
P.0.C.

P.O.B.
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RAMON ROAD
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(_')

EASEMENT

LOCATION

VICINITY MAP
NTS

POINT OF COMMENCEMENT

POINT OF BEGINNING
ACCESS EASEMENT (150 SF)

STREET CENTERLINE

RIGHT-OF-WAY LINE
NO.

L1
L2
L3
L4
L5
L6
L7

LINE DATA

BEARING
S89'50' 46"W
N00'12'25"W
S89'54'07"E
S89'54'07"E
S00'12'25"E
N89'54'07"W
N00'12'25"W
1 '=200'
200

SCALE IN FEET
LENGTH

74.00'
351. 79'

29.00'

15.00'

10.00'

15.00'

10.00'
400
7648
P.L.S.

DRAWN BY: SCALE:

FUP
CHECKED BY: JG

ATTACHMENT B

Item 1M - Page 8
G/LDJ/FORMS/Ease-Nex Rev. 02 11 15

RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

Desert Water Agency
Exempt from filing fees per G.C.§ 6103
Post Office Box 1710
P
alm Springs, CA 92263-1710

GRANT OF EASEMENT
(Non-Exclusive)

_________________________________________, hereinafter called GRANTOR, does hereby grant and convey to DESERT WATER AGENCY, a public agency, its successors and assigns, hereinafter called GRANTEE, a perpetual easement and right-of- way to construct, reconstruct, alter, replace, use, operate, inspect, maintain, repair, and remove water and sewage pipelines and appurtenances and electrical and communication conduits and appurtenances, with all connections thereto, together with the right of ingress and egress, across, along, over, under, through, and within that certain real property in the County of Riverside, State of California, described as follows:

GRANTEE covenants to maintain the perpetual easement and right-of-way in good repair so that no unreasonable damage will result to the adjacent land of the GRANTOR, his successors and assigns, from its use. GRANTEE reserves the right to clear all brush, plants, shrubs, trees, trash, and other obstructions from the perpetual easement and right-of-way.

GRANTOR, his successors and assigns covenants that it will not erect, place, or maintain, or allow to be erected, placed, or maintained, within the boundaries of the said perpetual easement and right-of-way, any structure, without first securing permission of the GRANTEE, and that it will not plant or maintain or permit to be planted or maintained, any plants, shrubs, or trees that may interfere with the full and complete use of the perpetual easement and right-of-way. GRANTOR agrees that GRANTEE, its successors and assigns, and its agents and employees, may trim or remove any plants, shrubs, or trees that encroach on the permanent easement and right-of-way.

Any use hereinabove permitted to be made of the surface of said land by GRANTOR or its heirs or assigns, shall be exercised so as not to impair, endanger or interfere with the present or prospective exercise of any of the rights herein granted.

GRANTEE shall not be liable for the replacement of decorative concrete or other surface improvements except asphalt concrete surfacing which GRANTEE may be required to remove in the future to gain access to its pipelines and appurtenances.

GRANTOR hereby covenants on behalf of itself, its heirs, successors and assigns that if any type of gate or other structure is constructed which could restrict GRANTEE’S ingress and egress to said system, a utility access control box will be installed as part of the operating portion of said structure to ensure GRANTEE’S free access to its easement.

Said box shall be of a type and style approved by GRANTEE and shall be supplied at the GRANTOR’S expense.

See Exhibits "A" & "B" Attached
Item 1M - Page 9
G/LDJ/FORMS/Ease-Nex Rev. 02 11 15

GRANT OF EASEMENT

Page 2 ends

The terms and covenants of this perpetual easement and right-of-way shall bind and inure to the benefit of the heirs, executors, administrators and assigns of GRANTOR and to the successors and assigns of GRANTEE.

IN WITNESS WHEREOF, this instrument is executed on this, the __________day of _____________________, 20_____.

(Grantor)

By:

Title:

NOTARY ACKNOWLEDGMENT

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 Riverside

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

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

WITNESS my hand and official seal.

Signature of Notary

Notary Seal

ss. }
Item 1M - Page 10

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $300,000 FOR THE PILLARS OF PALM SPRINGS PUBLIC ART PROJECT AT SIX

LOCATIONS IN THE EAST TAHQUITZ CANYON WAY MEDIANS BETWEEN

SUNRISE WAY AND EL CIELO ROAD
RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $300,000 to account 1502550-60030.

1. Approve expenditure of Public Art Funds in the amount of $300,000 for the Pillars of Palm Springs Public Art Project.

2. Attachments
Item 1N

CITY COUNCIL STAFF REPORT

DATE: A PRIL 10, 2023 CONSENT CALENDAR

SUBJECT: APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $300,000 FOR THE PILLARS OF PALM SPRINGS PUBLIC

ART PROJECT AT SIX LOCATIONS IN THE EAST TAHQUITZ CANYON

WAY MEDIANS BETWEEN SUNRISE WAY AND EL CIELO ROAD

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

The Public Arts Commission recommends the City Council approve appropriating Public Arts Funds in the amount of $300,000 to be used for the Pillars of Palm Springs art project (Artwork). The project concept is to have six pillars located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road – the same locations where the Altanviro and Loper artwork by Christopher Myers (Horse Sculptures) are currently located ( Attachment A ). The Public Arts Commission is recommending $50,000 be allocated for each of the six art pieces. Final design of the Artwork will be brought back to City Council for approval at a later date.

RECOMMENDATION:

1. Appropriate Public Art Funds (Fund 150) in the amount of $300,000 to account 1502550-60030.

2. Approve expenditure of Public Art Funds in the amount of $300,000 for the Pillars of Palm Springs Public Art Project.

BACKGROUND:

At the January 18, 202 3 Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $300,000 of Public Arts Funds for the proposed Artwork.

Item 1N - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Pillars Public Art Project

STAFF ANALYSIS:

The proposed Artwork is in the conceptual phase and is being requested by the Public Arts Commission. At this time the Public Arts Commission is seeking approval for the use of $300,000 of Public Art Funds to proceed with implementing the proposed Artwork.

The Artwork would feature six separate columnar-shaped art pieces located on the East Tahquitz Canyon Way median art pads between Sunrise Way and El Cielo Road. The art pad dimensions are approximately 5’ by 5’. Each piece will be between 6’ -12’ tall. The Public Arts Commission is recommending $50,000 be allocated for each of the six art pieces. The Horse Sculptures are currently located on the art pads. The Public Arts Commission will discuss the options for the disposition of the Horse Sculptures at a future meeting. The Public Arts Commission is recommending $50,000 be allocated for each of the six art pieces.

Each of the pillars will represent different principles, ethics, morals, or standards. As proposed by the Public Arts Commission, these would include creati vity, equality, serenity, diversity, civility, and community. Other suggestions from the Public Arts Commission include activity, h ospitality, celebrity, family, spirituality, opportunity, ingenuity, spontaneity, whimsicality, rejuvenation, energy, security, culture, and love. As stated in the Public Arts Commission Project Statement (Attachment B), the intention of this project is to make every Palm Springs resident and visitor from diverse backgrounds feel welcomed, inspired, and proud to be a part of a diverse city; to motivate leaders committed to promoting equity and inclusion; and to spark curiosity and self -recognition in the next generation of C ity leaders and residents. The proposed project is further described in the Public Arts Commission Project Statement.

After a call for artists has been completed, staff will return to City Council for approval of the artists and proposed artwork.

ENVIRONMENTAL ASSESSMENT
:

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

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

Item 1N - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Pillars Public Art Project

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT
:

Approval of this action will authorize the appropriation of $300,000 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550 60030, Public Art – Acquisition.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Proposed Pillar Locations
B. Public Art Commission Project Statement

Item 1N - Page 3

ATTACHMENT A

PROPOSED PILLAR LOCATIONS

Item 1N - Page 4

ATTACHMENT B

PUBLIC ART COMMISSION PROJECT STATEMENT
Item 1N - Page 5
The Pillars of Palm Springs
The Palm Springs Public Arts Commission presents a site-speciﬁc installation featuring 6 artists of varying backgrounds.

The Pillars of Palm Springs Project aspires to install six large-scale sculptures positioned in the median on Tahquitz Canyon Parkway in Palm Springs, starting near Palm Springs City Hall to just before Sunrise Way.

This installation will enhance the experience of residents, workers, and importantly, visitors to our city, while welcoming them to explore diﬀerent areas of the Palm Springs and our diverse history.

Each individual sculpture will represent an equity that represents the core ethos and identiﬁer for Palm Springs community— a ﬁgurative and literal “value” pillar of our city.

As visitors to the Palm Springs leave the airport, these artistic pillars will create a welcoming promise that will be visible for drive-by viewings. The message will also be reinforced as visitors depart, on their return to the airport.

The intention of this project is to make every Palm Springs resident and visitor from diverse backgrounds feel welcomed, inspired and proud to be a part of a diverse city; to motivate leaders committed to promoting equity and inclusion; and to spark curiosity and self-recognition in the next generation of city leaders and residents.

On the six existing pads (5’x5’) an artist will create a columnar sculpture as a representation of a pre-approved equity. Each piece will be between 6’-12’ tall.

The sculptures will be surrounded by existing desertscape; this connectivity will reinforce how natural art and man-made culture are implicitly ingrained in the Palm Springs community identity.

An eﬀort will be made to secure participation of artists of varying backgrounds, each a slice of the Palm Springs spirit and identity through a range of ethnicities, gender identities, sexual orientations, religions, abilities, and economic backgrounds—each with an individual creative style.

As we seek and encourage artists from all backgrounds and from all levels of experience and engagement, and we’re open to all ideas and to all formats and media that they might propose:

Interactive? Why not? Maybe it wants to be many intimate things. Contemplative? Changing day to night? Immersive? Extending an invitation? Experiential? Go for it.

Want to reinforce Palm Springs love of car culture? Recycle classic car pieces.

Item 1N - Page 6
Edgy, curious, striking, this work will say “Welcome to Palm Springs: Something interesting is happening here.”
Desired themes:

Creativity
Equality
Serenity
Diversity
Civility
Community
Other suggestions: Activity, Hospitality, Celebrity, Family, Spirituality, Opportunity, Ingenuity, Spontaneity, Whimsicality, Rejuvenation, Energy, Security, Culture, Love There will be an open call for artists, with preferential treatment to those with a connection to the Palm Springs area and the Greater Coachella Valley. Outreach has already been made to Desert X and the Palm Springs Art Museum for artist suggestions.

Parameters:

Equity theme must be visible and apparent. The piece does not need to be solely a typographic treatment, but random viewers should understand the intent. 5’x5’ with a height between 6’ - 12’
Materials up to each artist, but a preference for low maintenance and environmental durability.

Day to night transformation through creative lighting will be important.

Budget per piece: 50k per piece for a total investment of 300k.

Every artist agreement will receive a most-favored-nation clause. Payment, timing, direction, access to technology will be consistent across the program.

The goal is to engage artists to share their history, their skills, their imagination, and their inspirations to help transform the city’s center into an expression of the city itself.

The ﬁnal installation will represent and serve a diverse tapestry of the wider Palm Springs community.

Item 1N - Page 7

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO SOUTHERN CONTRACTING COMPANY IN THE AMOUNT OF $4,974,788.05 FOR THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28
RECOMMENDATION:

Award the construction contract to Southern Contracting Company, a California corporation, in the amount of $4,974,788.05 for the Recreational Fields Lighting Upgrades, City Project No. 19-28 (the “Project”).

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $497,478 (10%) with all change orders reported to the City Council at project completion.

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

Attachments
Item 1O

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 CONSENT CALENDAR

SUBJECT: A WARD OF A CONSTRUCTION CONTRACT TO SOUTHERN
CONTRACTING COMPANY IN THE AMOUNT OF $4,974,788.05 FOR

THE RECREATION FIELD S LED LIGHTING UPGRADES , CITY
PROJECT NO. 19-28

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Award of this contract will allow the City to proceed with construction of recreational ballfield lighting at Palm Springs Stadium and Demuth Park and replace the existing light- poles with LED lighting.

RECOMMENDATION:

1. Award the construction contract to Southern Contracting Company, a California corporation, in the amount of $4,974,788.05 for the Recreational Fields Lighting Upgrades, City Project No. 19-28 (the “Project”).

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $497,478 (10%) with all change orders reported to the City Council at project completion.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Southern Contracting Company is included as Attachment A.

BACKGROUND:

The lights at the various ballfields in the parks were installed in the 1950s and 1960s utilizing outdated metal halide light fixtures that are no longer manufactured. The City has Item 1O - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Award Construction Contract LED Lighting CP 19-28

purchased all available metal halide light fixtures and does not expect to find any more replacements.

The wiring system is directly buried in the ground instead of using conduits where wires can be pulled from each end to make repairs or replacements. In the past, if a wire was accidently cut, a small patch was done on the cut line because the cost of digging up the entire line was too expensive. The system will need to be replaced with conduit as part of the project.

The original project was originally to change out the light fixtures and reuse the existing poles to minimize project costs. However, the consultant, Kimley Horn, did an evaluation of the poles and determined that they have come to their end of useful life. In addition, three poles were lost in separate heavy windstorms. It is recommended to replace the poles and design them to current wind loads. Also, a photometric study was done regarding the lighting levels and the spacing of the poles will be modified to address dark areas on the existing fields.

STAFF ANALYSIS:

On December 20, 2022, the Engineering Services Department advertised the Project to plan rooms, the local paper, and through the City’s on line procurement program PlanetBids
TM to allow the submissions of bids electronically.

On February 7, 2023, the Engineering Services Department received three bids from the following contractors:

Company Location
Bid Amount
Southern Contracting Company San Marcos, CA $4,974,788.05 R.I.S. Electrical Contractors, Inc. Riverside, CA $5,217,000.00 Ace Electric, Inc. San Diego, CA $5,386,833.00

Southern Contracting Company submitted the lowest responsive bid in the amount of $4,974,788.05. The engineer’s estimate for the project was originally $4,000,000. A copy of the construction agreement is included as Attachment B.

Local Business Preference Compliance

Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub -contract services to businesses whose workforce resides within the Coach Valley. Southern Contracting Company is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Item 1O - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Award Construction Contract LED Lighting CP 19-28

Bid Analysis

Staff reviewed all bid documents submitted by the apparent low bidder and determined that Southern Contracting Company complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council approve the bid submitted by the Contractor.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Recreation Fields LED Lighting Upgrades, City Project No. 19- 28, is considered cate gorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 3A – Improve City Facilities – and will assist in implementing the following tasks: Focus on Parks and Community Facilities and Prioritize Deferred Maintenance.

FISCAL IMPACT:

The budget for the Project was $4. 69 million in Measure “J” funds. An accounting of the Project budget is shown in Table 1 below.

Project Accounting Amount
Budgeted Measure “J” Funds $4,690,000
Construction Contract ($4,974,788.05)
Contingency (10%) ($497,478)
Administration, Construction Management, Inspection Services (10%) ($497,478) Budget Remaining $(1,279,744.05)
Table 1

The Project, as bid, had a budget deficit of $ 1.27 million. Due to the budget deficit, Staff requested additional funding from the Measure “J” Commission to cover the shortfall. At their March 16, 2023, the Measure “J” Commission approved an additional $1.4 million in Measure “J” funds for the pr oject. An appropriation of $1.4 million from the Measure “J” fund will be required to complete this project. Funds not used for the construction of the project will be returned to Measure “J” fund balance.

Item 1O - Page 3
City Council Staff Report
April 10, 2023 -- Page 4
Award Construction Contract LED Lighting CP 19-28

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Construction Agreement

Item 1O - Page 4

Attachment A
Item 1O - Page 5
Item 1O - Page 6

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Southern Cont racting Company

2. Address of Entit y (Princip le Place of Business)
559 N. Twin Oaks Va lley Rd., San Marcos CA 92069

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

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

5. Type of Entity
0 Corporatio n D Limited Liability Compan y D Partnership Trust D Other (please soecifv)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

RECREATION FIELDS LED LIGHTING UPGRAD ES
CITY PROJECT NO. 19-28
NOV EMBER 2022

Page 1 of 2 ends

Item 1O - Page 7

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Southern Contracting Company

2. Address of Entity (Principle Place of Business)
559 N. Twin Oaks Valley Rd., San Marcos CA 92069

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

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

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
NOVEMBER 2022

Page 1 of 2 ends

Item 1O - Page 8

7. Owners/Investors with a 5% beneficia l interest in the App licant Entity or a relat ed entity EXAMPLE :

Jane Doe 50% , ABC Company , Inc.
[name of owner/investor] [pe rcentage of beneficial interest in entity and name of entity]
A. Timothy R. McBride , CEO 90%, Southern Con tract ing Company [na me of owne r/investor] [percentage of beneficial inte rest in entity and name of entitvl
B. Richard W. McBride , COB 10% , Southern Contracting Company [name of owner/investor] [percentage of beneficia l interest in entity and name of entitv l
C.
[name of owner/ investor] [percentage of benefic ial interest in ent ity and name of entity ]
D.
[name of owner/investor] [percentage of beneficial interest in ent ity and name of entitvl
E.
[name of owne r/investor] [percentage of beneficial interest in entity and name of entity]

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

Sigi~~g Part.:.'.-~~ame, Title
. \ _.-::-L_ I_/ ct: =- _::::,_.,_ __
Philio E. Waterma n President
Date
02/07/2023

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
NOVEMBER 2022

Page 2 of 2 ends

Item 1O - Page 9
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural peop le that will be ident ified 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 , o r 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 ensur ing 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.

Whe n Must I File?
You must file this form with the Office of the City Clerk, or designee , at the same time w hen you file your application for a City approval determined by a vote of City officials, whether elected or appointed . (We are collec ting this with the bid proposals) What Must I Disclose?

1. The names of all natural persons who are officer s, director s, members, mana gers , trustees, and other fiduciaries serving trusts or other types of organi zations (attorn eys, accountan ts, etc.).

Notes :
(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 on an additional, separate form.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity , Owner s/investors who have such an interest hold either investment powe r or voting power, i.e., they can (i) sell or transfe r their interest , or (ii) vote their interes t in ma nagement decisions .

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].

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
NOVEMBER 2022

Attachment B
Item 1O - Page 10

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18165\34351901.2

AGREEMENT
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as th e City, and Southern Contracting Company hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as s pecified in the C ontract Documents, and as g enerally indicated under the Bid Schedule(s) for the Project entitled:

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28

The work comprises of all materials, labor, tools, equipment, apparatus, facilities, transportation, incidentals necessary to furnish, all implied requirements, and all appurtenant work as required to deliver and install the Recreation Fields LED Lighting Upgrades City Project No. 19- 28, including, but not limited to, new light poles with new LED lighting, removal of the existing light poles, landscape, wrought iron fence, concrete sidewalk, chain link, asphalt restoration, and irrigation replacement . The W ork also includes electrical work associated with the new LED lighting upgrades , modifications to existing system and installation of new conduit wiring and pull -boxes as detailed within the contract documents. The locations of the work will be in the vicinity of 1901 E. Baristo Road and 3965 E. Mesquite Avenue, Palm Springs, CA 92264.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proc eed by the City, and the Work s hall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the e ssence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions t hereof a llowed in a ccordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in provin g in a legal proc eeding the actual loss suffered by the Ci ty if the Work is not c ompleted on ti me. Accordingly, in stead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard S pecifications, as modified herein, related to li quidated damages, and has made itself aware of the a ctual loss incu rred by the City due to the Item 1O - Page 11

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165\34351901.2

inability to c omplete the Work within the time s pecified in the Notice to Proc eed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the c ompletion of the Work , in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $4,974,788.05.

Contractor agrees to receive and acc ept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfi lling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; an d, also incl uding those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of th e Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agr ees to employ, and does hereby employ, C ontractor to provide th e materials, c omplete the Work, and fulfill the obligations a ccording to the terms and conditions herein contained and referred to, fo r the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set Item 1O - Page 12

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575.18165\34351901.2

forth in the Contract Documents.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in a ccordance with the Standard Specifications as amended by the S pecial Provisions. A pplications for Pay ment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES

All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof.

ARTICLE 9 -- PREVAILING WAGES

Contractor ag rees to fully comply w ith a ll applicable f ederal and state labor laws including, w ithout lim itation California Labor Code Section 1720, e t seq., and 1770, et seq ., as we ll as Califo rnia Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby ag rees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless f rom any claim or li ability arising out of any failure o r alleged failu re to comply wit h the Prevailing Wage Laws.

C
ontractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of Item 1O - Page 13

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
55575.18165\34351901.2

per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST

Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION

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

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agr eement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party s ought to be bound; and s pecifically, but wit hout limitation, monies t hat may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the a ssignor from any duty or res ponsibility under the Contract Documents.

T
he City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to th e other party hereto, its pa rtners, su ccessors, assigns, and l egal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with Item 1O - Page 14

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
55575.18165\34351901.2

all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally

The Work is subject to the City’s Community Workforce Agreement dated August 21, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City , available upon request, and incorporated herein by reference as if fully set forth herein.

Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors

Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requirin g each s ubcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment

Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation

Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall f orthwith be amended to make such insertion or correction.

13.5 Conflicts

In the event of a conflict between the PLA and any othe r provisions of the Contract Documents, the PLA shall control.

Item 1O - Page 15

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6
55575.18165\34351901.2

13.6 Costs of Compliance

Contractor represents and warrants that it has included in its b id all costs of compliance with the requirements of this Section 13.

13.7 Not a Limitation

The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1O - Page 16

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 7
55575.18165\34351901.2

IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF PALM SPRINGS,

CALIFORNIA

By
Scott C. Stiles
City Manager

ATTEST:

By
Brenda Pree
City Clerk

APPROVED AS TO FORM:

By
Jeffrey S. Ballinger
City Attorney

RECOMMENDED:

By
Joel Montalvo, P.E.

City Engineer
APPROVED BY THE CITY COUNCIL:

Date
Agreement No.

Item 1O - Page 17

RECREATION FIELDS LED LIGHTING UPGRADES
CITY PROJECT NO. 19-28
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 8
55575.18165\34351901.2

CONTRACTOR

By:

Firm/Company Name

By:

Signature (notarized)
By:

Signature (notarized)

Name:_ Name:_

Title:_ Title:_

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.

(This A greement must be sign ed in the abov e
space by one h aving au thority to bi nd the
Contractor to the terms of the Agreement.)

State of )
County of )ss

(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)

State of )
County of )ss

On
before me,
personally appeared
who proved to me on the basis of s atisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she /they exec uted
the same in his /her/their authorized capacity(ies),
and that by his /her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) ac ted, exec uted the
instrument.

I certify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the pe rson(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 sign atures(s) on the
instrument the person(s), or the entity upon behalf
of which the pe rson(s) ac ted, exec uted the
instrument.

I c ertify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

Item 1O - Page 18

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2083 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
RECOMMENDATION:

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.”
Attachments
Item 1O

CITY COUNCIL STAFF REPORT

DATE: A PRIL 10, 2023 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 20 83 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 LO CATED AT 575 NORTH PALM
CANYON DRIVE, ZONE CBD/R-2, SECTION 10

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

SUMMARY:

This agenda item is a second reading of the ordinance that was introduced, with no revisions, at the March 9, 2023, City Council meeting.

RECOMMENDATION:

Waive a second reading (adoption) of the ordinance entitled, and read by title only; Ordinance No. 2083 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.”

BACKGROUND:

On March 9, 2023, the City Council introduced Ordinance No. 2083 for the first reading, as noted below:

MOTION BY MAYOR MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE 5-0, to introduce Ordinance No. 2083 entitled, “AN ORDINANCE OF Item 1O - Page 1
City Council Staff Report
April 10,2023 – Page 2
Second Reading – Ordinance No. 2083

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.”

BUSINESS PRINCIPAL DISCLOSURE:

The project site is owned by Old Las Palmas Partners, LLC. The entity consists of four limited partners named Mark Attanasio, Peter Mahler, Brian Adamson, and Mark Rios.

The breakdown of the ownership is as follows: Mark Attanasio (50%), Peter Mahler (20%), Brian Adamson (17.5%), and Mark Rios (12.5%).

BACKGROUND:

The applicant is seeking Change of Zone approval 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.

In conjunction with this application, the applicant filed Major Development Permit (Case

3.4191 MAJ/DEV), Tentative Tract Map (Case TTM 38190), and Variance (Case 6.560 VAR) applications with the Department of Planning Services. The proposed project was initially reviewed by the Planning Commission on December 14, 2022, at which time the Commission voted for the continuation of the project and formed a subcommittee to assist the applicant to address comments and concerns raised by the Commission. The December 14, 2022, Planning Commission staff report and an excerpt from the draft meeting minutes are attached to this staff report. On February 8, 2023, the Planning Commission considered the revised project and voted unanimously to approve the Major Development Permit, Tentative Tract Map, and Variance applications, and recommended approval of the Change of Zone application to the City Council subject to conditions in accordance with Palm Springs Zoning Code Section 94.07.00(B)(7)(a). The February 8, 2023, Planning Commission staff memorandum and an excerpt f rom the draft meeting minutes are attached to this staff report.

STAFF ANALYSIS:

Palm Springs Zoning Code (PSZC) Section 94.07.00(A) requires that specific findings be made in order to justify the approval of a Change of Zone application. In summary, the Planning Commission made the following findings in recommending the approval of the application to the City Council:

Item 1O - Page 2
City Council Staff Report
April 10,2023 – Page 3
Second Reading – Ordinance No. 2083

Change of Zone:

The proposed project is consistent with the intent of the General Plan and the zoning regulations. The proposed mixed- use is consistent with the intent of the CBD General Plan land use designation area which encourages a mix of commercial and residential uses (Palm Springs 2007 General Plan, page 2-7), and mixed-use projects are permitted by right in the C -1 Zone as prescribed in Palm Springs Zoning Code Section

92.12.01(A)(35). The 2.4- acre project site is suitable for the proposed project, and the proposed mixed-use is compatible with the site’s surroundings which include a mix of commercial and residential uses. The app roval of the Change of Zone will allow future development and land uses at the site to be governed under the regulations of one zone entirely, which allows more seamless and consistent development throughout the site , while also establishing zoning that is compatible with and supportive of the Downtown area.

More detailed Council findings required by Code to approve a Change of Zone, and which are consistent with the Planning Commission’s recommendation are included in the attached Ordinance.

ENVIRONMENTAL ASSESSMENT
:

This project is considered a project under the definitions of the California Environmental Quality Act (CEQA). The City has evaluated the project under CEQA Guidelines, and a Mitigated Negative Declaration (MND) has been prepared and circulated for a 20- day public comment period. The comments received during the comment period are attached to this report. Staff has reviewed the comments and determined that the initial study was adequate and that the recirculation of the environmental analysis was not necessary. Staff has also determined that the analysis is a complete description of the project and its potential adverse impacts. The implementation of the Mitigation Monitoring and Reporting Program (MMRP) included in this staff report is expected to reduce any potentially significant impacts to less than significant levels.

FISCAL IMPACT
:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance No. 2083
Item 1O - Page 3

ATTACHMENT A

Item 1O - Page 4
ORDINANCE NO. 2083

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 CANYO N DRIVE, ZONE
CBD/R-2, SECTION 10.

City Attorney’s Summary
This ordinance amends the split-zone designations of certain property located at 575 North Palm Canyon Drive from
’Central Business District’ (CBD) and ‘Limited Multiple Family Residential’ (R-2) entirely to ‘Retail Business’ (C-1) in order to permit the development of twenty -four (24) residential condominium units and a 5,411 square foot commercial space on 2.4-acre undeveloped parcels. The ordinance also makes certain findings required by the Palm Springs Municipal Code for zoning changes to land.

WHEREAS, Old Las Palmas Partners, LLC, (the “Applicant”) has filed Case 5.1541 CZ, Change of Zone (CZ), Case TTM 38190, Tentative Tract Map (TTM), Case 6.560 VAR, Variance, and Case 3.4191 MAJ/DEV, Major Development Permit, applications in accordance with Sections 94.07.00 (Change of Zone), 9.60 (Subdivision of Land – General Provision), 94.06.00 (Variance), and 94.04.01 (Development Permit) of the Plan Springs Zoning and Municipal Codes 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; and

WHEREAS the current zone designations of the project site are ‘Central Business District’ (CBD) and ‘Limited Multiple-Family Residential’ (R-2); and

WHEREAS the applicant has requested a Change of Zone (CZ) from the current ‘Central Business District’ (CBD) and ‘Limited Multiple-Family Residential’ (R-2) to ‘Retail Business’ (C-1) entirely; and

WHEREAS, on December 14, 2022, a public hearing on Case 5.1541 CZ, Case TTM 38190, and Case 6.560 VAR was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 5-1-1 ( Moruzzi absent, Roberts abstained) to continue the project to a date uncertain and form a subcommittee which Item 1O - Page 5
Ordinance No. 2083

Page 2 ends

consisted of Commissioners Miller, Hirschbein, and Aylaian to assist the applicant. Case

3.4191 MAJ/DEV was not subject to a public hearing; and

WHEREAS, on February 8, 2023, a public hearing on Case 5.1541 CZ, Case TTM 38190, and Case 6.560 VAR was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 6-1 ( Roberts absent) to approve Case Nos. TTM 38190, 6.560 VAR, and 3.4191 MAJ/DEV subject to conditions of approval and to recommend approval of Case 5.1541 CZ to the City Council; and

WHEREAS the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and an Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and

WHEREAS, on March 9, 2023, the City Council held a duly noticed public hearing on the Project in accordance with applicable law. The City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the IS/MND prepared for the project and all written and oral testimony presented, and found the IS/MND to be in compliance with CEQA and found that any potentially significant environmental impacts outlined in the report will be adequately mitigated to less than significant levels; and

WHEREAS, a t the conclusion of the March 9, 2023, public hearing, the City Council introduced and waived further reading of this Ordinance adopting the final MND and to change the current zoning designation of the subject property from ’Central Business District’ (CBD) and ‘Limited Multiple Family Residential’ (R-2) entirely to ‘Retail Business’ (C-1).

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

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

SECTION 2
. Pu rsuant to Zoning Code Section 94.07.00(A) – “ the council in reviewing a proposed change of zone shall consider whether the following conditions exist in reference to the proposed zoning of the subject property”:

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

The General Plan land use designation of the site is CBD (Central Business District). The project proposes to change the site’s current split zone designations Item 1O - Page 6
Ordinance No. 2083

Page 3 ends

of CBD (Central Business District) and R- 2 (Limited Multiple -Family Residential) to C-1 (Retail Business) entirely. Mixed-use developments are permitted by right in the C-1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), and it is consistent with the intent of the CBD General Plan land use designation area which encourages a mix of commercial and residential uses (Palm Springs 2007 General Plan, page 2- 7). The proposed project meets the General Plan density requirement of the CBD land use designation area as well.

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

Mixed-use developments are permitted by right in the C-1 Zone per Palm Springs Zoning Code (PSZC) Section 92.12.01(A)(35), and the C -1 Zone allows a variety of retail uses by right as demonstrated in PSZC Section 92.12.01(A). The 2.4-acre project site area far exceeds the minimum lot size requirement of the C -1 Zone.

The proposed residential and commercial uses are compatible with the site’s surrounding uses, which include single/multi -family residential and commercial/professional.

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

The site’s zone designation is currently split (CBD & R-2 Zones). The approval of the Change of Zone will allow future development and land uses at the site to be governed under the regulations of one zone entirely, which allows more seamless and consistent development throughout the site. A majority of the properties on both sides of North Palm Canyon Drive between Alejo Road and East Vista Chino are zoned C-1, and only five parcels on the west side of North Palm Canyon Drive are zoned CBD in the section. The approval of the Change of Zone will result in the extension of the C -1 Zone designation along North Palm Canyon Drive, and the proposed uses are compatible with the site’s surroundings.

SECTION 3. Pursuant to California Law, this Ordinance was int roduced at first reading on March 9, 2023, and adopted at second reading on April 10, 202 3 for the approval of Case 5.1541 CZ Change of Zone and the Mitigated Negative Declaration.

SECTION 4.

The City Council hereby adopts this Ordinance to amend the current zone designations of the project site, 575 North Palm Canyon Drive, from ‘Central Business District’ (CBD) and Limited Multiple-Family Residential (R-2) to ‘Retail Business’ (C-1) entirely, subject to conditions of approval as outlined in attached Exhibit “A”.

SECTION 5. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s CEQA Guidelines.

The City Council finds that, with the incorporation of mitigation measures, the Item 1O - Page 7
Ordinance No. 2083

Page 4 ends

implementation of the project will have a less than significant impact on the environment.

The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council‘s independent judgment and analysis.

SECTION 4.

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

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 10TH DAY OF APRIL, 2023.

Grace Garner
MAYOR

ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK

Item 1O - Page 8
Ordinance No. 2083

Page 5 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2083 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on March 9, 2023 and adopted at a regular meeting of the City Council held on April 10, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC, CERA

CITY CLERK
Item 1O - Page 9

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

FISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF PALM

SPRINGS
RECOMMENDATION:

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

Annual Comprehensive Financial Report (ACFR)
Audit Communication Letter to the City Council
Single Audit Report
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)
Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 BUSINESS & LEGISLATIVE

SUBJECT: F ISCAL YEAR 2021-22 FINANCIAL AUDIT REPORTS OF THE CITY OF

PALM SPRINGS

FROM: Scott C. Stiles, City Manager

BY: Department of Finance and Treasury

SUMMARY:

The certified public accounting firm of The Pun Group, LLC, completed the annual financial reports of the City as of June 30, 2022.

RECOMMENDATION:

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

• Annual Comprehensive Financial Report (ACFR)
• Audit Communication Letter to the City Council
• Single Audit Report
• 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)

STAFF ANALYSIS:

Based on the results of their audit, The Pun Group provided the City with an unqualified opinion on the financial statements, which means that the City’s financial statements are free of material misstatements and are in accordance with Generally Accepted Accounting Principles (GAAP).

The specific financial documents on which the auditor expresses an opinion are: 1) the financial statements, and 2) notes to the basic financial statements which include required supplementary information. These documents, along with the auditor’s opinion, audit Item 3A - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
FY 2021-22 Financial Audit Reports of the City of Palm Springs

communication letter, and report on internal controls f orm the core of the Annual Comprehensive Financial Report (ACFR).

Additional documents that make up the A CFR include the letter of transmittal, management’s discussion and analysis (MD&A), and a supplemental section which includes a statistical section presenting detailed information to assist the reader in assessing the economic condition of the City.

Based on the results of the Single Audit, The Pun Group presented one finding. The City was not in compliance with FAA reporting deadlines and thus submitted four reports late.

The late submission is a direct result of being short staffed administratively. The Airport will hire additional administrative staff in addition to outsourcing two of the four reports for completion. This will ensure the FAA reporting deadlines are met. The finding will be in The Pun Group’s report to the Council.

The FY 2021-22 audited financial reports are available on the City’s webpage at the following link:
https://www.palmspringsca.gov/government/departments/finance- treasury/comprehensive-annual-financial-report

Hard copies of the reports are available by request to the Department of Finance and Treasury.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Priority 4D, Good Governance – Improve Financial Management.

FISCAL IMPACT:

None.

REVIEWED BY:

Acting Department Director: Kristopher J. Mooney
City Manager: Scott C. Stiles

Item 3A - Page 2

CITY COUNCIL STAFF REPORT
04/10/2023
SUBJECT:

APPROVE RECOMMENDED LOGO FOR PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Review and approve the proposed logo for the Palm Springs International Airport.

Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: APRIL 10, 2023 BUSINESS & LEGISLATIVE

SUBJECT: APPROVE RECOMMENDED LOGO FOR PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

The Palm Springs International Airport proposes the approval of the recommended logo.

This will help in the Airport’s marketing efforts, improve A irport user and community communications, and unify the look and feel of Airport communications.

RECOMMENDATION:

Review and approve the proposed logo for the Palm Springs International Airport (Attachment A).

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

BACKGROUND:

The Palm Springs International Airport (hereinafter referred to as PSP or the Airport) has experienced tremendous growth since 2019, even during the pandemic, adding several new airlines and new nonstop routes. In the Coachella Valley’s 2021-2022 annual tourist season, PSP’s nonstop route portfolio grew from 20+ nonstop routes to more than 30 nonstop routes with 12 airlines. PSP’s primary communications goals are to establish PSP as the airport of choice, increase area awareness about PSP, and grow passenger demand. One significant way to achieve these goals is to create a new logo that is unique to the A irport, represents the community, and that distinguishes PSP from other area airports.

The logo development process began in spring 2022, much of which entailed soliciting feedback from the public and the region’s leading stakeholders in design and midcentury modernism. The Airport used surveys to gather and synthesize feedback and also held Item 3B - Page 1
City Council Staff Report
April 10, 2023 -- Page 2
Approve Recommended Logo for Palm Springs International Airport

several meetings to hear directly from its audiences. Whether through public meetings, community surveys, or direct comments to the City Council, there have been ample opportunities for public participation in this process.

Specifically, t he Airport’s consultant, Aviatrix Communications (Aviatrix), incorporated public comment submitted to the City and direct feedback received during a series of meetings in fall 2022:

• September 2022, Public Meeting 1 – 46 participants
• October 2022, Public Meeting 2 – 27 participants
• October 2022 – Larger Stakeholder Meeting
• December 2022 – Small Stakeholder Meeting
• January 2023 – Small Stakeholder Meeting
The larger stakeholder’s meeting included the following 14 participants:
• Jeffrey Bernstein, Mayor Pro Tem
• David Feltman, Airport Commissioner
• Gary Johns, President of the Palm Springs Preservation Foundation • Steven Keylon, Vice President of the Palm Springs Preservation Foundation • Rob Hampton, General Manager at Palm Springs Convention Center • Randy Garner, Senior Marketing Manager at Palm Springs Bureau of Tourism • Kara Walker, Marketing Manager at Palm Springs Bureau of Tourism • Joy Meredith, Palm Springs Resident and Business Owner • Kimber Foster, Director of Palm Springs Tourism at Visit Greater Palm Springs • Dana Fury, Director of Marketing at Visit Greater Palm Springs • Gary Wexler, Gary Wexler Design
• Heather Lamb, Director of Sales and Marketing at Palm Springs Renaissance • Lisa Vossler Smith, Executive Director of Palm Springs Modernism Week • Kate Anderson, Director of Public Relations at Agua Caliente Band of Cahuilla Indians

The small stakeholder’s meetings included the following three participants:

• Colleen Pace, Chief Marketing Officer at Visit Greater Palm Springs • Lisa Vossler Smith, Executive Director at Palm Springs Modernism Week • J.R. Roberts, Palm Springs Modern Committee Board Member

Both the stakeholders and the public were offered a follow -up survey , and from that survey the Airport generated more than 500 community responses. The feed back received led to revisions to the existing draft logos and the development of several new concepts that were based on the input. In November 2022, Airport staff reviewed the new concepts and provided feedback, and on December 15, 2022, Airport staff held the first Item 3B - Page 2
City Council Staff Report
April 10, 2023 -- Page 3
Approve Recommended Logo for Palm Springs International Airport

small stakeholders meeting to review the new concepts. The stakeholders provided specific feedback and Aviatrix made further refinements.

Aviatrix received considerable constructive feedback on the logos, and while the Airport staff was interested in a departure from traditional airport logos, the feedback showed that the community wanted a logo more reflective of the midcentury modern aesthetic.

Aviatrix shifted color palettes, explored new fonts, utilized more white space, toned down some of the vibrancy , and listened to the recommendation to continue to explore using the airport code PSP in the design.

On January 18, 2023 , Aviatrix presented nine logo options to the Airport staff, and on January 24, 2023, the nine logo options were presented at a second small stakeholders meeting. The stakeholders narrowed their approved selection to four logo options. It was noted by a stakeholder that the selected logo options were strong logos that accurately represent Palm Springs and that “it’s hard to make something look vintage and modern at the same time, but the team nailed it.”

On February 22, 2023, t he four logo options were presented to the Marketing and Business Development Committee, and the logo options were received positively by the Committee. In regard to the logo options, a Commissioner stated that “all are very effective” and that Aviatrix had created “timeless, classic logos to suit a timeless, classic airport.” A second Commissioner stated that the logos “all look great” and that the logos were “refreshing.” The Marketing and Business Development Committee selected its primary and secondary logo options to recommend to the Airport Commission.

On March 15, 2023, the Marketing and Business Development Committee’s primary logo selection was presented to the Airport Commission, and the Airport Commission unanimously approved the recommended logo.

STAFF ANALYSIS:

The Airport staff offered several opportunities for participation in the design process:
• Surveys – 3 ( Initial community survey, public logo survey, stakeholder logo survey); of those surveys, more than 500 community responses • Public Meetings – 2
• Focus Gr oups – 6 (3 - Initial focus groups in 2021, 1 - Larger stakeholders’ group in October 2022, 2 - S mall stakeholders’ groups in November 2022 and January 2023)
• 9 - F inal draft logos, each with three versions, were presented to the stakeholders • 4 - Approved logos submitted to Marketing and Business Development Committee • 1 - Primary and 1 - Secondary logo options selected by the Marketing and Business Development Committee for recommendation to the Airport Commission • 1 – Primary logo presented at the March 15, 2023 Airport Commission meeting

Item 3B - Page 3
City Council Staff Report
April 10, 2023 -- Page 4
Approve Recommended Logo for Palm Springs International Airport

Given the robust opportunity for a variety of audiences to weigh in on the logo options, the Airport staff recommends approving the recommended logo.

FISCAL IMPACT
:

N/A.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Airport Logo Presentation

Item 3B - Page 4

ATTACHMENT A

AIRPORT LOGO PRESENTATION
Item 3B - Page 5
Palm Springs City Council
Airport Logo Presentation
March 23, 2023
Item 3B - Page 6
Design Process
Airport
Staff
Design Process: Everyone Has a Voice
Third-Party
Community
Surveys
Public
Meetings
Stakeholder
Focus Groups Commissioner
Review
Item 3B - Page 7
.. ..

To provide an unrivaled experience for all who travel through Palm Springs International Airport. We will cultivate an environment that is safe and secure, and as innovative, diverse, and welcoming as the region it serves.

Airport Input
Item 3B - Page 8
Surveys
Community Survey - March 2022
Conducted by independent third-party Stitch Marketing Research Blind Survey
• Respondents who were air travelers within the last 12 months (any airport) • Market-a rea (Coachella Valley zip codes) residents up to a 50- mile range of PSP Item 3B - Page 9
Focus Groups and Public Meetings
Stakeholders Included
• City of Palm Springs
• PSP Executives and Employees
• Visit Greater Palm Springs
• Modernism Week
• PSP Airport Commission
• Coachella Valley Economic
P
artnership
• Palm Springs Bureau of Tourism
• Local Designers
• Residents
Item 3B - Page 10
Research: Modernism, Architecture & Design
• Clean lines
• Combination of natural and
ma
nmade materials
• Geometric shapes and use of
neg
ative space
• Vibrant colors
• Integrating indoor and outdoor
Item 3B - Page 11

JULI -SEPT
1923
Research: Local Identities
Item 3B - Page 12
\
INDIAN ~ WfLLS
lL j_ , ~ PALM SPRINGS
fu r_1 irr ( PRESERVATION
a_ ' ii. '. FOUNDATION " CALIFORNIA
Palm Springs
Art Museum
m modernism week·
t\\ Cathedral City
palm
springs
mo dern
committee

PALM DESERT

CAL IFOR N I A
~ RANCHO MIRAG_E
--~~
Research: Peer Airports
Item 3B - Page 13
~NT

SAN DIEGO

INTERNATIONAL AIRPORT
long beach
airport
JOI-NW\Yf\E

AIRPORT

ORANGE COUNTY
International Airport
Stakeholder Participation
Stakeholder
Focus Groups
Larger Stakeholder Meeting October 2022
Stakeholder Logo Survey October 2022
Small Stakeholder Meeting December 2022
Small Stakeholder Meeting January 2023
Item 3B - Page 14
Feedback Synthesis
Public comments to City (approximately 75)
Surveys – 3 (initial community survey, public design survey, stakeholder logo survey; more than 500 public responses) Public Meetings – 2 (approximately 70 attendees total)
Focus Groups – 6 (3 initial focus groups, 1 larger stakeholder group, 2 small stakeholder groups)
PSP Airport Marketing Committee meeting February 22
PSP Airport Commission meeting March 15
Community
Input
Item 3B - Page 15
Logo Selection
PSP Airport Commission
Selection
“Geometric Plane”
Item 3B - Page 16
Item 3B - Page 17

s

INTERNATIONAL AIRPORT
Item 3B - Page 18

INTERNATIONAL

AIRPORT
palm springs

INTERNATIONAL AIRPORT
palm springs

INTERNATIONAL AIRPORT
Logo Launch: Next Steps
Pending logo approval March 23:
• Website development April – J une
• Campaign development, material prep April – J une
• Employee launch late June: uniforms, badges, business cards • Stakeholder launch late June: partner websites, vendor updates • Public launch Ju ly 1: website goes live, social media updates, onsite banners, bus decals, etc.

Logo
Launch
Plan
Item 3B - Page 19

Palm Springs City CouncilApril 10, 2023

Palm Springs City Council
April 10, 2023