Agenda packet — Palm Springs City Council, May 25, 2023 (part 1 of 4)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

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

MAY 25, 2023

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember

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

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:00 P.M. CLOSED SESSION

CALL TO ORDER:

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

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) May 25, 2023 City Council Regular Meeting Agenda 2
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

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

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

By motion, find that:

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

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

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

3. B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2023.

May 25, 2023 City Council Regular Meeting Agenda 3

C. REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:

Re-appoint Michael Paonessa and Stephen Moses to the Administrative Appeals Board effective immediately for a term ending June 30, 2025.

1. Re-appoint Gerald Adams, Todd Burke, and David Feltman to the Airport Commission effective immediately for a term ending June 30, 2025. Appoint Tracy Martin, Daniel Caldwell, and J. Craig Fong to the Airport Commission effective July 1, 2023, for a term ending June 30, 2026.

2. Re-appoint Craig Borba to the Library Board of Trustees effective immediately for a term ending June 30, 2025. Re-appoint Juanita Garner to the Library Board of Trustees effective July 1, 2023, for a term ending June 30, 2026. Appoint Deborah Schwartz to the Library Board of Trustees effective immediately for a term ending June 30, 2026.

3. Appoint Beverly Greer, Michael MJ Horne, and Carlotta Rinke to the Human Rights Commission effective immediately for a term ending June 30, 2026.

Re-appoint Edwin Ramoran to the Human Rights Commission effective immediately for a term ending June 30, 2025. Re-appoint Donna Shepherd, David Vignolo, and Oliver Cleary to the Human Rights Commission effective July 1, 2023, for a term ending June 30, 2026.

4. Re-appoint Johnny Coladonato to the Parks & Recreation Commission effective immediately for a term ending June 30, 2025. Appoint Scott Page, Katherine Hatch and Donald Admire to the Parks & Recreation Board effective July 1, 2023, for a term ending June 30, 2026.

5. Re-appoint Shawnda Thomas Faveau to the Public Arts Commission effective immediately for a term ending June 30, 2025. Appoint Christopher Ramirez to the Public Arts Commission effective immediately for a term ending June 30, 2026.

6. Appoint Perma Walker, Dean Grubl and Bernard Rottner to the Sustainability Commission effective immediately for a term ending June 30, 2026.

7. Re-appoint Celia Garton (Retail) and Daniel Gonnella (Retail) to the VillageFest Board effective immediately for a term ending June 30, 2025. Appoint Cheryl Idell (Retail) to the VillageFest Board effective immediately for a term ending June 30, 2026.

8. Accept the resignation of Robert Hedrick from the Administrative Appeals Board effective immediately.

9. Accept the resignation of Tracy Merrigan from the Public Arts Commission effective immediately.

10. D. AUTHORIZE THE CITY OF PALM SPRINGS TO ENTER INTO A MEMORANDUM

OF UNDERSTANDING AGREEMENT WITH THE PALM SPRINGS PUBLIC

LIBRARY FOUNDATION
RECOMMENDATION:

Approve the Memorandum of Understanding (MOU) with the Palm Springs Library Foundation.

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

E. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 18000632 IN THE May 25, 2023 City Council Regular Meeting Agenda 4
E. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 18000632 IN THE AMOUNT OF $20,000 ISSUED TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT NO. A6443 FOR TRAFFIC ENGINEERING SERVICES

FOR THE PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17-07
RECOMMENDATION:

Authorize an increase in the amount of $20,000 to Purchase Order No. 18000632 for additional Traffic Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

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

F. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL

MAINTENANCE SERVICES
RECOMMENDATION:

Approve Amendment No. 1 to Contract Services Agreement No. 8865 with St.

Francis Electric, LLC, a California limited liability company, increasing the maximum annual contract amount by $130,000 for a maximum annual contract amount of $510,000 for Traffic Signal Maintenance Services; and

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

G. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $943,000 FOR SKYLIGHT RAILINGS, CITY PROJECT 18-20 RECOMMENDATION:

Approve the construction contract to CALTEC Corporation, a California corporation, in the amount of $943,000 for the construction and installation of Skylight Railings, City Project No. 18-20.

1. Delegate authority to the City Manager or his designee to approve and execute construction contract change orders up to a total amount of $94,300 (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.

May 25, 2023 City Council Regular Meeting Agenda 5

H. PROPOSED “BLOCK G POP ART PARK” PROJECT
RECOMMENDATION:

Accept donation of the artwork Pin Wheel by artist Larry Lubow from Ann Sheffer.

1. Approve Public Art Funds in the amount of $9,775 for the installation of a concrete pad for Impossible Lawn Chair; $500 for Popsicles to fabricate a plaque; and $3,000 to install Pin Wheel, for a total of $13,275.

2. Approve temporary placement of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G of the Downtown Development for a period of two years.

3. Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G, located at the southwest corner of North Belardo Road and Belardo Road of the Downtown Development for a period of two years.

4. I. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P056 WITH OFRS, INC.

FOR HOMELESS ENCAMPMENT AND SITE CLEAN-UP SERVICES
RECOMMENDATION:

Approve Contract Service Agreement No. 23P056 with OFRS, Inc. to provide homeless encampment and site clean-up services for a three-year term in an amount not to exceed $1,200,000 beginning June 1, 2023, through May 31, 2026.

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

J. APPROVE AGREEMENT NO. 23B104 WITH BLACK AND WHITE EMERGENCY

VEHICLES, LLC FOR ON-CALL EMERGENCY VEHICLE UPFITTING SERVICES RECOMMENDATION:

Approve Contract Services Agreement No. 23B104 with Black and White Emergency Vehicles, LLC, to provide on-call emergency vehicle upfitting services for an amount not to exceed $1,950,000 beginning June 1, 2023, through May 31, 2026, with two one-year extension options at the City’s sole discretion.

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

May 25, 2023 City Council Regular Meeting Agenda 6

K. APPROVE AGREEMENT NO. 23B101 WITH CHECKMATE TELEPHONE EXCHANGE, INC. DBA MAXIMUM SECURITY ALARM SYSTEMS FOR ALARM

MONITORING AND MAINTENANCE SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 23B101 with Maximum Security Alarm Systems to provide alarm monitoring and maintenance services for an amount not to exceed $223,428 beginning July 1, 2023, through June 30, 2026, with two one-year extension options at the City’s sole discretion;

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

L. ADOPT RESOLUTION APPROVING STATE GRANT FOR RESTORATION OF

THE HISTORIC PLAZA THEATRE
RECOMMENDATION:

Staff recommends the City Council adopt a Resolution entitled, “A RESOLUTION

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

APPROVING THE APPLICATION AND ACCEPTANCE FOR GRANT FUNDS FOR RESTORATION OF THE HISTORIC PLAZA THEATRE.”

M. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION

SERVICES
RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. A9071 (Attachment A) with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $450,000 for a total revised contract amount not to exceed $1,050,000 through April 10, 2025.

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

N. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9232 WITH VERDE

FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR VARIOUS

CITY FACILITIES
RECOMMENDATION:

Approve Amendment No. 2 to Agreement No. A9232 with Verde Facilities Services LLC, to provide janitorial services for various City facilities in an additional amount of $136,296 for a total revised contract amount not to exceed $2,425,644 through December 11, 2025.

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

O. APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED DISPOSITION May 25, 2023 City Council Regular Meeting Agenda 7
O. APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED DISPOSITION

AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT AND

CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-UNIT SENIOR HOUSING PROJECT

IN THE CITY OF PALM SPRINGS
RECOMMENDATION:

Approve First Amendment to Amended and Restated Disposition and Development Agreement (DDA) with Aloe Palm Canyon L.P. to increase the loan amount by $3,000,000.

1. Authorize the City Manager to make any necessary changes to the DDA and sign other documents approved by the City Attorney to institute the loan increase amount and facilitate implementation of the Aloe Palm Canyon project.

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

2. PUBLIC HEARINGS:

A. DELINQUENT WASTE DISPOSAL CHARGES
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

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

THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN

WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING

THE PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY
TAX ROLLS FOR COLLECTION.”

2. B. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR THE HISTORIC DESIGNATION OF “THE TAHQUITZ RESORT GOLF COURSE CLUBHOUSE” LOCATED AT 1885 LAWRENCE CROSSLEY ROAD, CASE HSPB #149. (APN #681-250-012) (SY)
RECOMMENDATION:

Open the public hearing and receive public testimony. 1.

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

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE TAHQUITZ RESPORT GOLF COURSE CLUBHOUSE” LOCATED 1885 LAWRENCE CROSSLEY ROAD, AS A CLASS 1
(LANDMARK) HISTORIC RESOURCE HSPB #149, SUBJECT TO
CONDITIONS (APN 618-250-012).”

2. C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC May 25, 2023 City Council Regular Meeting Agenda 8
C. AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500 SOUTH INDIAN CANYON DRIVE, (APN #508-121-001), CASE HSPB #137 RECOMMENDATION:

Open the public hearing and receive public testimony.1.

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

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE SECURITY FIRST NATIONAL BANK” LOCATED 500 SOUTH INDIAN CANYON DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #137, SUBJECT TO CONDITIONS (APN 508-121-001).”

2. D. ADOPTION OF A RESOLUTION TO AMEND THE CONSUMER PRICE INDEX TO BE USED FOR ANNUAL INCREASES OF THE CITY’S COMPREHENSIVE

FEE SCHEDULE, AND ADOPTION OF A RESOLUTION MODIFYING CERTAIN

USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A

CONSUMER PRICE INDEX INCREASE AND ADOPTING THE
COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2023-2024
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

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

THE CITY OF PALM SPRINGS, CALIFORNIA, SETTING A PUBLIC

HEARING TO CONSIDER AMENDING THE CONSUMER PRICE INDEX TO BE USED FOR ANNUAL INCREASES OF THE CITY’S COMPREHENSIVE FEE SCHEDULE.”

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

THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN

USER FEES, DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A

CONSUMER PRICE INDEX INCREASE AND ADOPTING THE
COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2023-2024.”

3. 3. BUSINESS & LEGISLATIVE: None.

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

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

ADJOURNMENT:

May 25, 2023 City Council Regular Meeting Agenda 9

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

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on May 19, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

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

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

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

May 25, 2023 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:
4:00 P.M. CLOSED SESSION
Attachments
2023-05-25 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, May 25, 2023 – 4:00 p.m.

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

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

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

CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION G.C 54956.9(d)(1)

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

CVRI2101435 (4th App. Dist. Div. 2, Case No. E077773 & E076921; now 4th App. Dist.; Div. 1 Case No. D080907)

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

CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION G.C § 54956.9(d)(4)

Two (2) matters.

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

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

By motion, find that:

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

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

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

3. Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: May 25, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

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

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

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

BACKGROUND:

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

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

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

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

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

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

Item 1A - Page 2
City Council Staff Report
May 25, 2023 -- Page 2 Virtual
Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make thes e findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1A - Page 3

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2023.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2023

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of April 1 through April 30, 2023.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(l) requires a monthly report be submitted to the City Manager.

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

REVIEWED BY:

Procurement and Contracting Manager: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. City Manager or designee authorized agreements for April 2023 B. Purchase orders for April 2023
Item 1B - Page 1
==========L__ __ ==~======--

ATTACHMENT A

Item 1B - Page 2
Staff Authorized Agreements
April 1, 2023 - April 30, 2023
Dept Contract # Contract Description Contract
Total
Asst. City Manager 23I070 Professional Photographer for PS 85th Aniversary Celebration. 103634 GREGG FELSEN 750.00 23I095 DBE Consultant 101608 ACC CONSULTING LLC 15,000.00 23I075 Digital Trash Cans for PSP CLEANROBOTICS, INC. 45,783.16 Fleet 23C085 Fleet Management Software 103488 TT FASTER LLC 43,178.85 23I068 Rack mounting Hardware at PSPD in evidence room 101374 PRECISION TECHNOLOGIES 3,711.00 23I096 Cable drop at Demuth CC 101374 PRECISION TECHNOLOGIES 8,002.78 23S072 Daktronics Display Integration with Airport Vision System 103271 SITA INFORMATION NETWORKING COMPUTING USA INC. 26,501.14 23I083 Stump removal at Dog Park for down tree. 101238 CONSERVE LANDCARE 1,190.00 23I086 Dog Park Sod and Landscape Improvements 101210 MARIPOSA LANDSCAPES, INC. 41,493.00 23I094 2 months of Alarm monitoring 101253 CHECKMATE TELEPHONE EXCHANGE INC DBA MAXIMUM SECURITY ALARM SYSTEM 7,356.00 23I098 Laser leveling services on baseball field at Palm Springs Stadium 101611 BARKSHIRE LASER LEVELING, INC. 19,500.00 23S076 Belardo Parking Structure Stormwater Pump System 101528 PUMPMAN HOLDINGS LLC 24,456.00 23I073 Lighting, Sound & Staging for Special Events 103646 VIVID STAGING SOLUTIONS 10,000.00 23I074 DJ Services for Special Events & Programs 101345 LUIS AZARCOYA 5,000.00 23I090 One Time Maintenance & Cleanup to Cerritos Field 101766 BACK NINE GREENS 4,795.00 23I093 4TH OF July Fireworks Display 100307 PYRO SPECTACULARS INC 38,000.00 Special Programs 23I097 E-waste services for event on 4/29/2023 104321 SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION 2,282.05 Vendor
Recreation
Aviation
Information Technology
Maintenance & Facilities

Page 1 of 1 ends

Item 1B - Page 3

ATTACHMENT B

Item 1B - Page 4
Purchase Orders
April 1, 2023 - April 30, 2023
Dept PO # Contract # PO Description Vendor PO Total
23001155 Design, and Production of 85th Anniversary Signage 100150 17,480.00 23001168 23I070 Photography Services - 85th Anniversary Celebratio 103634 750.00 23001180 Sound Engineer for April 8, 2023, Tribute in Park 100569 1,500.00 23001181 Transportation Three (3) Military Jeeps April 8 '2 100569 2,400.00 23001182 Five (5) Hotel Rooms for April 8, 2023 (Tribute) 100569 5,000.00 23001190 Six (6) Hotel Rooms (Car Owners) & Splash House DJ 100569 3,893.38 23001193 23B003 Demuth Large Dog Park Fence 104134 21,258.56 23001223 Purchase Decomposed Granite (DG) Demuth Lrg Dog Pr
104309 9,966.34
23001230 23I083 Remove Stump and Install 24" box Chilean Mesquite 101238 1,190.00 23001267 A9069 Perform Preventative Maintenance Services - Airpor 103797 69,440.00 23001286 23I086 Dog Park Sod Installation 101210 41,493.00 23001290 A8470 Post CSA-BAS Controls Muni Cogen & Sunrise Chiller 101293 56,380.00 23001083 2 New Copiers 101537 17,383.86
23001149 Support and Maintenance 101340 9,508.63
23001169 23I068 Installation of Wall Mounted 24 U rack at PSPD 101374 3,711.00 23001191 CDR Annual Software Subscription 101630 1,500.00 23001199 Capture911 Maintenance Renewal 101795 7,958.77 23001200 EnvisionWare Renewal 101775 1,450.00
23001201 23I053 Labor Services 100739 9,300.00
23001205 4 UPS for IDFs 100257 4,671.43
23001206 Social Media Archiving Renewal 101362 5,988.00 23001207 Tritech Software Renewal 101854 4,549.63
23001225 5 ComDev EG Licenses 101384 8,875.00
23001233 Remote Training 101384 1,600.00
23001244 Veridian Hosting Services 101298 7,250.00
23001245 JustFOIA Annual Renewal 101666 7,000.00
23001269 A9194 2 Laptops and 1 dock for Fire 100265 3,279.99

COMMUNITY &
ECONOMIC DEV.
23001243 Office Supplies 103900 4,157.22
23001176 Sound system for DJ 100569 4,434.26
23001177 Ramp and Step – Dog Park Agility Obstacle to repla 104297 3,681.59 23001178 Gobo Lights for 85th Anniversary Celebration 100569 4,170.78 23001179 lighting for the event venue 100569 9,904.38
23001241 23I075 DJ Services for Special Event 101345 550.00 23001277 85th Anniversary pins 101028 2,000.00

ODP BUSINESS SOLUTIONS

CONVERGEONE INC

INSIGHT PUBLIC SECTOR INC

ARCHIVESOCIAL INC

TRITECH SOFTWARE SYSTEMS

TYLER TECHNOLOGIES INC

RECREATION

DEPARTMENT

PALM SPRINGS CHAMBER OF COMMERCE

PRACTICE SPORTS INC

PALM SPRINGS CHAMBER OF COMMERCE

LUIS AZARCOYA

AEG MANAGEMENT PALM SPRINGS LLC

INFO TECHNOLOGY VISUAL EDGE INC DBA IMAGE SOURCE

HARRIS COMPUTER SYSTEM

PRECISION TECHNOLOGIES

CRASH DATA GROUP INC

HIGHERGROUND INC
ENVISIONWARE, INC.

TYLER TECHNOLOGIES INC

DL CONSULTING

JUSTFOIA INC

DELL MARKETING LP

CONSERVE LANDCARE LLC

ALLISON MECHANICAL INC
MARIPOSA LANDSCAPES, INC.

ENGIE SERVICES U.S. INC.

A/CITY MANAGER ADMIN DESERT PUBLICATIONS INC

GREGG FELSEN

PALM SPRINGS CHAMBER OF COMMERCE

MOORE FENCE COMPANY INC

SOUTHWEST BOULDER AND STONE INC

Page 1 of 4 ends

Item 1B - Page 5
I
Purchase Orders
April 1, 2023 - April 30, 2023
Dept PO # Contract # PO Description Vendor PO Total
23001285 Firework display for July 4th 100307 38,000.00 23001298 23I075 DJ Services for Special Event 101345 968.00 23001299 23I075 DJ Services for Special Event 101345 650.00 LIBRARY 23001279 LIBRARY BOOK CARTS 100067 1,659.77
23001227 SWAT WEAPON SIGHTS 100127 4,759.60
23001229 RANGE TRAINING AMMUNITION 100163 3,352.13
23001231 TRAFFIC AND WARNING CITATIONS 101767 2,603.69
23001247 TACTICAL SKIRMISH PLATE CARRIERS 103541 2,488.87 23001276 SNIPER RIFLE AMMUNITION 101430 5,307.37
23001284 23S036 CPTED TRAINING 104254 29,540.00
BUILDING & SAFETY 23001198 Staff Uniforms 100580 2,336.75

ENGINEERING - PUBLIC
WORKS
23001175 23I062 CP 18-14, Plaza Theatre Fire Alarm Testing 104271 2,800.00 23001163 PSP TRAFFIC SPIKES 104255 10,591.36
23001164 A9221 PSP PHOTO/VIDEO SHOOT 103970 3,500.00
23001165 PSP OFFICE FURNITURE 100174 19,025.76
23001167 23I038 BIO HAZARD CLEANING & PEST CONTROL 104143 9,950.00 23001174 23C004 PSP ESCALATOR/ELEVATOR AGREE 104184 48,710.90 23001216 PSP SECURITY BADGES 104292 60,863.18
23001217 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS 101535 5,000.00 23001218 A9276 RADIO COMMUNICATION EQUIPMENT REPAIRS 101272 1,928.16 23001219 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS 101535 5,964.11 23001268 A9082 PSP AIRFIELD FORKLIFT RENTAL 100114 5,926.32 23001287 23B044 PSP RUNWAY CRACK SEALING 104257 45,000.00 23001288 A7148 PSP CONSULTING RESTROOM/ELEVATORS/PARKING 101230 59,592.00 23001292 A9276 PSP AIRFIELD RADIOS REPAIR 101272 1,080.93 23001293 A9079 PSP PAINTING SERVICES 103800 31,111.68 23001294 A9082 PSP GENERATOR RENTAL 100114 9,469.43
23001295 A7148 PSP BAGGAGE CLAIM LOBBY EXPANSION 101230 19,280.00 23001296 PSP AVI TRANSPONDERS 103796 13,589.69
23001297 23I051 PSP SECURITY SERVICES 101825 9,610.00 23001150 A9077 Roof Repairs for Pavilion East lower roof 100154 500.00 23001151 A9077 Roof Repairs for Desert highland Gym 100154 500.00 23001152 A9077 Roof Repairs for Skate Park 100154 500.00 23001153 A9077 Roof Repairs for Fire Station 1 Apparatus Bay 100154 500.00 23001154 A9077 Roof Repairs for DCC Kitchen Area 100154 500.00 23001157 A9230 4 wheel alignment on unit 203818 100393 149.99 23001170 A9065 Rekey downtown PSPD 100200 1,500.00
23001171 A9145 Replace Flooring in back area of Special Permits 103896 8,320.37 23001172 A9068 Re-lamp and repair palm trees NPC and Tramview 103805 28,042.00

FACILITIES MAINTENANCE AL MILLER AND SONS ROOFING INC

AL MILLER AND SONS ROOFING INC

M BREY ELECTRIC INC

AL MILLER AND SONS ROOFING INC

GERGIS YOUSEF

VALLEY LOCK AND SAFE

MOHAWK COMMERCIAL INC

AIRWAVE COMMUNICATIONS ENTERPRISES
HINGEWERKS COMMERCIAL DOORS INC.

UNITED RENTALS

GLOBAL ROAD SEALING INC

R S AND H CALIFORNIA INC

AIRWAVE COMMUNICATIONS ENTERPRISES

DESERT PROMOTIONAL EMBROIDERY LLC

ALL PURPOSE FIRE EXTINGUISHER CORP

AVIATION DEPARTMENT DF SUPPLY INC

DAVID PERRY & ASSOCIATES, INC

GOFORTH & MARTI

SOLAR GUARD LLC

TK ELEVATOR CORPORATION

EASYBADGES LLC
HINGEWERKS COMMERCIAL DOORS INC.

AJ FISTES CORPORATION

UNITED RENTALS

R S AND H CALIFORNIA INC

TRANSCORE HOLDINGS INC

TELOS IDENTITY MGMT SOLUTIONS LLC
DEMCO

POLICE DEPARTMENT L N CURTIS AND SONS

SAN DIEGO POLICE EQUIPMENT

PROFORMA SOCAL

SHELLBACK TACTICAL LLC

BLACK HILLS AMMUNITION

GREGORY SAVILLE

PYRO SPECTACULARS INC

LUIS AZARCOYA

RECREATION

DEPARTMENT

Page 2 of 4 ends

Item 1B - Page 6
I
Purchase Orders
April 1, 2023 - April 30, 2023
Dept PO # Contract # PO Description Vendor PO Total
23001194 A9136 Add Support beam for load bearing wall Special Per 103895 31,858.40 23001195 A9069 Service and repairs to Animal Shelter HVAC 103797 5,000.00 23001224 Sensors for the Muni Cogen Plant 101739 257.29 23001228 Low temperature pump for the Muni Plant 100241 2,823.65 23001259 A9079 Paint the outside of the swim center 103800 13,120.00 23001260 A9079 Paint the outside of the Leisure 103800 21,600.00 23001261 A9079 Paint the outside of the pavilion 103800 30,200.00 23001262 A9079 PAINT, PROTECTIVE COATINGS, VARNISH, WALLPAPER, AN
103800 25,500.00
23001263 A9135 Install new motor to replace obsolete motor 103889 6,454.22 23001264 A9135 Install 3 button stations on dorm side of station 103889 8,261.20 23001265 A9135 Repair and Maintenance FS 1 APP bay door 103889 1,528.27 23001270 23C029 Facility Management Software 101301 9,821.79 23001271 Replace compressor at Cornelia White House 101739 2,828.16 23001272 A9069 Air Port Chiller Annual maintenance 103797 9,497.95 23001273 A7014 The 3rd year of a 5 year agreement ATS 101772 3,779.00 23001300 23I094 Alarm Monitoring Services of City Facilities 101253 7,356.00 23001156 A9190 Street sweeper tow 100079 800.00
23001158 A9230 4 wheel alignment on unit 206214 100393 149.00 23001159 A9082 Annual Maintenance on Scissor Lift 100114 479.20 23001160 A9241 Estimate R0060421 auto body repair 104038 4,560.58 23001161 A9241 Auto body repair 104038 6,009.95
23001183 A9153 Transmission fluid for stock 101542 1,967.39 23001184 A9040 Two tires for stock 100115 205.09
23001186 A9040 Tires for stock 100115 1,143.60
23001187 A9040 Tire for stock 100115 1,034.89
23001188 A9040 One (1) tire for stock 100115 169.15 23001189 A9040 Tires for stock 100115 1,502.16
23001192 A9040 Four tires for stock and one tire for unit 2D112 100115 942.62 23001196 A9157 Estimate RO850329. Transmission repair on unit 504 100133 7,030.00 23001203 A9157 Water pump assembly unit 201118 100133 7,540.88 23001209 A9157 Mechanical Repairs Police Unit 207218 100133 4,100.00 23001210 A9265 Emergency after hours repairs on Engine 7 103508 675.00 23001211 A9190 vehcle lock out service 2D1413 100079 115.00 23001212 A9040 Tires for stock 100115 1,055.04
23001213 A9157 Safety inspection and engine diagnose unit 801613 100133 250.00 23001214 A9040 tires for Unit 2T9191 100115 613.25
23001215 A9157 Police unit 204121 Windshield replacement 100133 736.25 23001220 A9040 Tire Purchase 100115 6,672.71

SOUTHERN CALIFORNIA FLEET SERVICES INC

MOHICA TOWING

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

FLEET OPERATIONS MOHICA TOWING

GERGIS YOUSEF

UNITED RENTALS

J & L AUTO BODY INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

BRIGHTLY SOFTWARE INC

REFRIGERATION SUPPLIES DISTRIBUTOR

ALLISON MECHANICAL INC

ASCO POWER SERVICES INC

CHECKMATE TELEPHONE EXCHANGE INC

J & L AUTO BODY INC

SC COMMERCIAL LLC

DANIELS TIRE SERVICE INC

FACILITIES MAINTENENCE

ALLISON MECHANICAL INC

REFRIGERATION SUPPLIES DISTRIBUTOR

JOHN LISEE PUMPS INC

AJ FISTES CORPORATION

PUB CONSTRUCTION INC

AJ FISTES CORPORATION

OLLIN DOCK & DOOR INC

Page 3 of 4 ends

Item 1B - Page 7
I
Purchase Orders
April 1, 2023 - April 30, 2023
Dept PO # Contract # PO Description Vendor PO Total
23001221 A9040 Tire Purchase 100115 5,560.37
23001222 A9040 Tire Purchase 100115 3,393.91
23001234 A9265 Repair service for 800813 103508 5,000.00 23001235 23S057 Fire Apparatus Parts 100327 16,026.29 23001236 23S057 fire apparatus repair 100327 9,658.79 23001237 A9265 Service call on unit 1E4309 103508 968.75 23001238 A9157 Tint on units 170 & 171 100133 405.00 23001239 A9157 Windshield unit 320617 100133 444.00 23001240 A9265 Service call unit 1E4309 103508 665.00 23001242 A9040 Two tires for unit 00E412 100115 213.72 23001246 A9190 Tows for 2 units 100079 1,484.00
23001248 A9241 Auto body repair on 2021 Chevrolet Silverado C1500 104038 5,026.38 23001249 23S060 PD Motorcycle Repair 2MTR19 101855 2,696.32 23001250 A9040 Tires for unit 00E412 100115 170.11
23001251 A9040 Tires for unit 301017 100115 1,016.03 23001252 A9040 Tires for stock 100115 663.17
23001253 A9040 Tires for unit 992803 100115 977.18
23001254 A9157 Window tint 100133 2,295.60
23001255 23S060 Service on PD unit 2M7419 101855 1,405.83 23001256 A9265 Fire Apparatus repair 103508 2,143.53 23001257 23S057 Fire Apparatus repair 100327 814.64
23001258 A9157 PD car repairs 100133 273.11
23001274 23S060 Service and repairs on PD unit 2M7219 101855 1,369.38 23001280 A9040 Tires for stock 100115 565.57
23001281 A9040 Tires for stock 100115 1,280.44
23001282 A9190 Towing Service for unit 201118 100079 230.00 23001283 A9265 Diagnose Airport Sweeper unit 808815 103508 2,663.30 23001289 A9157 Rear glass replacement 2020 on unit 804520 100133 430.65 23001291 A9190 Tow Service Police Unit 2D1614 100079 302.00 23001185 A9192 PED signs 100282 2,335.11
23001202 A9192 SHURTITE DELINEATOR PEDESTRIAN CROSSWALK 100282 3,419.28 23001275 A9192 Replacement delineators and cones. 100282 3,744.33 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

SOUTHERN CALIFORNIA FLEET SERVICES INC

PALM SPRINGS MOTORS

JORDAN FREEMAN

SOUTHERN CALIFORNIA FLEET SERVICES INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

PALM SPRINGS MOTORS

JORDAN FREEMAN

MOHICA TOWING

STREETS MAINTENANCE PACIFIC PRODUCTS AND SERVICES LLC

PACIFIC PRODUCTS AND SERVICES LLC

PALM SPRINGS MOTORS

SOUTHERN CALIFORNIA FLEET SERVICES INC

DANIELS TIRE SERVICE INC

MOHICA TOWING

J & L AUTO BODY INC

JORDAN FREEMAN

DANIELS TIRE SERVICE INC

MOHICA TOWING

FLEET OPERATIONS

SOUTH COAST EMERGENCY VEHICLE SERVICE

SOUTHERN CALIFORNIA FLEET SERVICES INC

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

SOUTHERN CALIFORNIA FLEET SERVICES INC

DANIELS TIRE SERVICE INC

Page 4 of 4 ends

Item 1B - Page 8
I

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
RECOMMENDATION:

Re-appoint Michael Paonessa and Stephen Moses to the Administrative Appeals Board effective immediately for a term ending June 30, 2025.

3. Appoint Beverly Greer, Michael MJ Horne, and Carlotta Rinke to the Human Rights Commission effective immediately for a term ending June 30, 2026.

6. Appoint Perma Walker, Dean Grubl and Bernard Rottner to the Sustainability Commission effective immediately for a term ending June 30, 2026.

8. Accept the resignation of Robert Hedrick from the Administrative Appeals Board effective immediately.

9. Accept the resignation of Tracy Merrigan from the Public Arts Commission effective immediately.

10. Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

1. Re- a ppoint Michael Paonessa and Stephen Moses to the Administrative Appeals Board effective immediately for a term ending June 30, 2025.

2. Re-appoi nt Gerald Adams , Todd Burke, and David Feltman to the Airport Commission effective immediately for a term ending June 30, 2025. Appoint Tracy Martin, Daniel Caldwell, and J. Craig Fong to the Airport Commission effective July 1, 2023, for a term ending June 30, 2026.

3. Re-appoi nt Craig Borba to the Library Board of Trustees effective immediately for a term ending June 30, 2025. Re-appoint Juanita Garner to the Library Board of Trustees effective July 1, 2023, for a term ending June 30, 2026. Appoint Deborah Schwartz to the Library Board of Trustees effective immediately for a term ending June 30, 2026.

4. A
ppoint Beverly Greer, Michael MJ Horne and Carlotta Rinke to the Human Rights Commission effective immediately for a term ending June 30, 2026. Re-appoint Edwin Ramoran to the Human Rights Commission effective immediately for a term ending June 30, 2025. Re -appoint Donna Shepherd, David Vignolo, and Oliver Cleary to the Human Rights Commission effective July 1, 2023, for a term ending June 30, 2026.

5. Re-appoi
nt Johnny Coladonato to the Parks & Recreation Commission effective immediately for a term ending June 30, 2025. Appoint Scott Page, Katherine Hatch and Donald Admire to the Parks & Recreation Board effective July 1, 2023, for a term ending June 30, 2026.

6. Re-appoi nt Shawnda Thomas Faveau to the Public Arts Commission effective immediately for a term ending June 30, 2025. Appoint Christopher Ramirez to the Public Arts Commission effective immediately for a term ending June 30, 2026.

Item 1C - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Reappointments to Various Boards and Commissions

7. Appoint Perma Walker , Dean Grubl and Bernard Rottner to the Sustainability Commission effective immediately for a term ending June 30, 2026.

8. Re-appoi nt Celia Garton (Retail) and Daniel Gonnella (Retail) to the VillageFest Board effective immediately for a term ending June 30, 2025. Appoint Cheryl Idell (Retail) to the VillageFest Board effective immediately for a term ending June 30, 2026.

9. A
ccept the resignation of Robert Hedrick from the Administrative Appeals Board effective immediately.

10. Accept the resignation of Tracy Merrigan from the Public Arts Commission effective immediately.

BACKGROUND:

On January 26, 2023, the City Council appointed Mayor Garner and Mayor Pro Tem Bernstein to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. The Subcommittee’s recommendations are provided as noted above. All new commiss ioners and board members will need to complete a new commissioner orientation, Oath of Office, and a one-on-one meeting with the Respective Chair.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Board & Commission Rosters
B. Resignation Letter for Robert Hedrick
C. Resignation Letter for Tracy Merrigan
Item 1C - Page 2

ATTACHMENT A

Item 1C - Page 3
Administrative Appeals Board

Member Original Appointment Expires
Stephen Moses - 3 January 1, 2019 June 30, 2022
Michael Paonessa - 5 September 20, 2018 June 30, 2022
Patrick Basile - 3 A pril 8, 2021 June 30, 2024
Robert (Ken) Hedrick, Alt.* - 5 F ebruary 6, 2019 June 30, 2024 Jocelyn Kane* - 2 January 1, 2019 June 30, 2024
Wayne Sinclair* - 3 January 1, 2019 June 30, 2024

Airport Commission

Member Original Appointment Expires
Paul Salma, County of Riverside July 26, 2022 June 30, 2023 Pavel Budilo, City of Indian Wells July 10, 2019 June 30, 2023 Kathleen Hughes, City of La Quinta June 21, 2017 June 30, 2024 Jan Pye, City of Desert Hot Springs July 11, 2018 January 17, 2025 Denise Delgado, City of Coachella January 25, 2023 January 25, 2024 Rick Wise, City of Indio April 1, 2023 April 1, 2026
Tony Michaelis, City of Cathedral City January 12, 2023 June 30, 2024 Manuel Guillermo Suero* - 5 December 19, 2018 Ju ne 30, 2024 Kevin Wiseman, City of Palm Desert January 13, 2022 June 30, 2024 Keith Young, City of Rancho Mirage March 2, 2023 July 1, 2024 Patricia Breslin* - 5 June 21, 2017 June 30, 2023
Robert Hedrick* - 5 June 21, 2017 June 30, 2023
John Payne - 1 September 9, 2021 June 30, 2023
Kevin Corcoran - 5* December 19, 2018 June 30, 2024
Aftab Dada* - 3 December 13, 2017 June 30, 2024
Scott G. Miller - 1 June 24, 2021 June 30, 2024
Gerald Adams - 2 June 19, 2019 June 30, 2022
Todd Burke - 5 June 19, 2019 June 30, 2022
David Feltman - 5 June 19, 2019 June 30, 2022

Library Board of Trustees

Member Original Appointment Expires
Dr. Craig Borba - 3 July 10, 2019 June 30, 2022
George McBride* - 1 Janu ary 4, 2017 June 30, 2022
Juanita Garner - 5 July 23, 2020 June 30, 2023
Al Jones - 3 July 22, 2021 June 30, 2024
David Norgard - 2 July 22, 2021 June 30, 2024

Human Rights Commission

Member Original Appointment Expires
Donna Shepherd - 1 March 19, 2020 June 30, 2023
David Vignolo - 5 April 8, 2021 June 30, 2023
Oliver Cleary - 3 April 8, 2021 June 30, 2023
Glenn Flood* - 1 February 6, 2019 June 30, 2024
Hugo Loyola - 2 June 24, 2021 June 30, 2024
Item 1C - Page 4
Parks & Recreation Commission

Member Original Appointment Expires
Johnny Coladonato - 1 March 7, 2018 June 30, 2022
Jerry Joseph Alcorn - 2 A ugust 6, 2020 June 30, 2023
Deiter Crawford - 1 July 24, 2019 June 30, 2023
Jody Diaz* - 2 June 21, 2017 June 30, 2023
Michael Finland - 5 July 22, 2021 June 30, 2024
Susan Meyer - 5 June 24, 2021 June 30, 2024
John Miraglia - 2 April 8, 2021 June 30, 2024
Christopher Spellman - 4 June 24, 2021 June 30, 2024

Public Arts Commission

Member Original Appointment Expires
Shawnda Thomas Faveau - 1 February 13, 2020 June 30, 2022 Russell Pritchard* - 3 J uly 19, 2017 June 30, 2023
Gary Armstrong - 5 June 24, 2021 June 30, 2024
Barrett Newkirk - 5 June 24, 2021 June 30, 2024

Sustainability Commission

Member Original Appointment Expires
David Freedman* - 5 J
une 3, 2015 June 30, 2022
Carl Baker* - 2 December 13, 2017 June 30, 2023
Jake Torrens - 5 April 8, 2021 June 30, 2023
Donald Barrett - 5 June 24, 2021 June 30, 2024

Village Fes t Board

Member Original Appointment Expires
Celia Garton - 3 July 10, 2019 June 30, 2022 (Retail)
Daniel Gonnella - 3 July 10, 2019 June 30, 2022 (Retail) Christopher Ramirez - 3 Sept ember 9, 2021 June 30, 2022 (Retail) David Anderson - 2 April 8, 2021 June 30, 2023 (At Large) Juliette Montante* - 3 July 5, 2017 June 30, 2023 (Retail) Greg Roberts - 1 June 24, 2021 June 30, 2024 (Retail)

Item 1C - Page 5

ATTACHMENT B

Item 1C - Page 6
Item 1C - Page 7
April 24, 2023
Ms. Cassandra Edney
Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Edney:

Robert K (Ken) Hedrick Jr
1055 East Deepwell Road
Palm Springs, CA 92264
Effective today, I am resigning my position as an Alternate on the City of Palm Springs, Administrative Appeals Board. It has been a privilege to be of service on the Board and to work with an incredible group of dedicated professionals.

This is being done to remove any questions regarding future opportunities I may have with the City.

Please let me know if you need anything from me.

Thank you.

Best regards,

ATTACHMENT C

Item 1C - Page 8
From: Tracy Merrigan
To: Jay Virata; Cindy Cairns
Subject: A note from Tracy
Date: Wednesday, September 21, 2022 5:10:44 PM
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.

Dear Jay and Cindy,
I wanted to let you know that I’ve really enjoyed working with you both for the past five years, I can’t believe it has been that long.

I’m so proud of the work I’ve done for the commission and so proud of the commission’s work, it has been a labor of love over the past years.

Having dedicated five years to the commission and nearly 20 years of volunteership in the desert I am at a point of changing priorities for myself, my family and my schedule, along with being overseas for a greater part of the year.

It is with these thoughts in mind that I am tendering my resignation as a commissioner as of Oct 1 and send best wishes to you and the commission as they begin their new year of work. I hope the commission will provide the city with exciting new artwork and projects and implement some of the projects we have discussed over the past few years.

My best regards and thank you so much,
Tracy Merrigan
I won’t be available for the meeting tonight, please let Russell know.

Sent from my iPad
Item 1C - Page 9

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

AUTHORIZE THE CITY OF PALM SPRINGS TO ENTER INTO A MEMORANDUM

OF UNDERSTANDING AGREEMENT WITH THE PALM SPRINGS PUBLIC

LIBRARY FOUNDATION
RECOMMENDATION:

Approve the Memorandum of Understanding (MOU) with the Palm Springs Library Foundation.

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

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE CITY OF PALM SPRINGS TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING AGREEMENT WITH PALM

SPRINGS PUBLIC LIBRARY FOUNDATION

FROM: Scott C. Stiles, City Manager

BY: Department of Library Services

SUMMARY:

The Palm Springs Public Library Foundation seeks to enter into a Memorandum of Understanding (MOU) (Attachment A) with the City of Palm Springs to solidify the nonprofit organization’s status as a fundraiser for the Palm Springs Public Library. This MOU would authorize the Palm Springs Public Library Foundation to solicit naming rights donation opportunities and engage in capital campaign fundraising for the Palm Springs Public Library.

RECOMMENDATION:

1. Approve the Memorandum of Understanding (MOU) with the Palm Springs Library Foundation.

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

STAFF ANALYSIS:

The Palm Springs Public Library Foundation, a 501(c)(3) nonprofit public benefit corporation, was formed in 2014 with the sole purpose of raising funds, advocating, and supporting the Palm Springs Public Library, a department of the City of Palm Springs.

With the pending renovation of the Main Library, the Foundation seeks authority to solicit naming rights donation opportunities and engage in capital campaign fundraising to support the Library. A Memorandum of Understanding will memorialize this agreement and give donors peace of mind knowing that their donation will receive proper consideration from the City of Palm Springs.

Ad hoc subcommittee members of the Library Board of Trustees worked with the City Attorney’s office to create a draft document. The ad hoc subcommittee met several times Item 1D - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Library Foundation MOU

with City staff, the City Attorney’s office, and Library Foundation representatives to revise the MOU to meet all parties’ needs. At their March 1, 2023 and April 4, 2023 meetings, the Library Board of Trustees recommended approval of the MOU and voted to send the MOU to the Library Foundation for their Board’s review and approval. The Library Foundation made minor typographical and grammatical changes and all parties are recommending approval of the attached MOU by City Council.

ENVIRONMENTAL IMPACT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15375(a), a “Project” means the whole of an action which has a potential for resulting in a direct physical change in th e environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
:

No fiscal impact.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Memorandum of Understanding with Palm Springs Public Library Foundation - DRAFT

Item 1D - Page 2

ATTACHMENT A

Item 1D - Page 13
55575.18200\40893611.7

1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND

THE CITY OF PALM SPRINGS

This Memorandum of Understanding (“MOU”) , by and between the City of Palm Springs (the “City”), and the Palm Springs Public Library Foundation (the “Foundation”), and together known as the “Parties,” establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper. This MOU shall be effective on t he date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties.

RECITALS

WHEREAS, the City is a charter city and California municipal corporation;

WHEREAS, the Palm Springs Library Board of Trustees (“Board”) reviews and amends library policy, reviews progress reports, discusses immediate and long- range library planning, prepares an annual budget, prepares an annual report for the City Council and State Library, and administers the Library Trust Fund;

WHEREAS, the Foundation was established as a nonprofit public benefit corporation in the State of California on June 3, 2014;

WHEREAS, the Foundation was created to engage in the solicitation, receipt, and administration of funds and property, and from time to time, to disburse such funds, property and the income thereof to, or for the benefit of, the Palm Springs Public Library system;

WHEREAS, the Foundation intends to solicit donations for the Palm Springs Public Library system from individuals, organizations and corporations and recommend to the City that the Palm Springs Public Library system amenities be named for specific donors depending on the amount donated;

WHEREAS, the Parties desire to enter this MOU to clearly delineate the responsibilities of the Parties to each other in accomplishing the purposes stated herein.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, both Parties agree as follows:

Item 1D - Page 3
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2 I. OBLIGATIONS OF THE CITY

a. Governance/Administration

i. Authorize the Foundation to use the name, likeness and logo of the City and the Palm Springs Public Library when deemed appropriate by the Director of Library Services, or his or her designee.
ii. Prior to any use of the Foundation’s logo the City shall receive approval of the President of the Foundation.
iii. Recognize the Foundation as a legally separate, independent entity with its own governing body.

b. Coordination

i. Provide support for mutually agreed upon Foundation programs, budgets, projects, fundraising activities, and/or reports.
ii. Provide staff consulting and technical assistance for mutually agreed upon improvement programs and projects whenever possible. iii. Assist the Foundation’s coordination with other agencies, as needed. iv. Hold a regular meeting, at a minimum annually, between the City and the Foundation to discuss matters mutually agreed upon between the City and the Foundation.
v. The Director of Library Services shall be the primary contact on behalf of the City.

c. Maintenance Standards
i. Except as may be set forth in one or more Facility Use Agreements, the City shall be solely responsible for maintaining all Palm Springs Public Library system facilities in good condition, substantial repair, in a safe, clean and sanitary condition, and in compliance with all rules, regulations, ordinances, or laws.
d. Finances

i. Any funds provided to the City under this MOU shall be used to support the construction, operation, maintenance, and improvement of the Palm Springs Public Library system.
ii. Upon receiving any funds pursuant to II.c.iii., determine whether any such funds are funds contributed to the Foundation from the Library Trust Funds and return any such funds to the appropriate Library Trust Fund account(s). e. Services Offered to the Foundation

i. Provide space at Palm Springs Public Library system facilities , as well as program and maintenance support for activities and other Palm Springs Public Library system improvement projects, to include meeting, program, Item 1D - Page 4
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3 fundraising, and event space at mutually agreed upon times at the Palm Springs Public Library system facilities. To the extent that a Palm Springs Public Library system facility is used, either by the Foundation itself (i.e., for meetings or events), or by third parties (i.e., for fundraising events), any such use shall be subject to a Facility Use Agreement, in a form approved by the City Attorney and City Manager.
ii. Promote the Foundation’s presence and programs , as permitted. iii. Publicly recognize the work, contributions, services, and/or donations received directly or indirectly from the Foundation.
iv. The City will coordinate with the Foundation to erect and/or install signage and other Library Elements (as defined in Section III.a, below) at Palm Springs Public Library system facilities . The approval, permitting and display of such signage shall be subject to the City’s laws and regulations.

The Foundation will pay for the signage and the City shall provide personnel to assist in erecting and/ or installing the signage at the Palm Springs Public Library system facilities. Notwithstanding the foregoing, for electronic signage, the City sha ll pay for, maintain , and update such electronic signage for Palm Springs Public Library events and for donor recognition.
viii. Contributions. The Board may, in its sole and absolute discretion, disburse funds to the Foundation to assist the Foundation in its fundraising efforts for the benefit of the Palm Springs Public Library system. The Board shall consider contribution requests made in accordance with Section II.d below.

II. OBLIGATIONS OF THE FOUNDATION

a. Governance/Administration

i. Register with the Internal Revenue Service (IRS) and California Franchise Tax Board (FTB) as a non -profit organization, and maintain such status . ii. Meet federal, state and local charitable solicitation requirements , if the Foundation solicits funds.
iii. Obtain and maintain any necessary permits, licenses, special insurance, equipment, and inspections for Foundation programs, activities, or events and pay associated costs or fees, if any.
iv. Authorize the City to use the logo of the Foundation to promote the Foundation and its activities when deemed appropriate by the President of the Foundation. v. Prior to any use of the name, likeness and logo of the City and the Palm Springs Public Library the Foundation shall receive approval of the Director of Library Services, or his or her designee.

b. Coordination

i. Work with the Director of Library Services or his or her designee and the Board to coordinate on Foundation plans, programs, needs, and projects.

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4 ii. Coordinate fundraising activities on Palm Springs Public Library system facilities with Palm Springs Public Library staff.
iii. The Foundation shall provide semi-annual reports to the Director of Library Services showing all donations, disbursements and other expenditures, and funds held. Moreover, the report shall list the number of fundraising events held, and the amount of money raised from each event. These reports shall be provided to the Director of Library Services on February 1 and August 1 of each year. The Foundation shall provide any financial records requested by the City within thirty (30) days following such request.

c. Finances

i. Comply with all IRS and FTB non-profit requirements to remain in good standing.
ii. Donate specific, individual donations for the purchase and/or design and construction of Palm Spring Public Library system facility features, as set forth in Section IV, below.
iii. Upon dissolution, return any and all funds donated to the Foundation for the benefit of the Palm Springs Public Library system to the City , in accordance with Article IX of the Articles of Incorporation of the Palm Springs Public Library Foundation.

d. Contribution Requests

i. The Foundation may submit contribution requests to the Board for the following expenses: fundraising events and efforts, fundraising data collection tools (including software or databases), personnel salaries for the Foundation’s Executive Director or other fundraising/administrative staff, program support for new or ongoing programs and services at the Palm Springs Public Library, costs for capital or awareness campaigns, and other expenses to directly support activities that either support or raise funds for the Palm Springs Public Library.
ii. The Foundation shall not submit any contribution requests to the Board for the following expenses: memberships, and travel or meal expenses (including expenses for alcohol) .
iii. Each contribution request submitted to the Board shall include the following items/information in order to be considered by the Board:

1. The amount of the contribution sought;

2. A description of the activity, services, or goods that the contribution will be used for;

3. A specific budget demonstrating how the contribution will be allocated; and

4. A description of the forecasted or anticipated outcome of the activity, services, or goods for which the contribution will be used.

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5 III. NAMING RIGHTS FOR THE LIBRARY AND ITS ELEMENTS
a. Right to Issue Naming Rights. The Parties acknowledge and agree that the Foundation will be better able to support the renovation and continued operation and long- term maintenance of the Palm Springs Public Library system if it is able to raise funds through the issuance of naming rights for the Palm Springs Public Library and its component parts (“N aming Rights Opportunities”). Examples of potential Naming Rights O pportunities include, but are not limited to, the Library itself, the lobby, rooms, other facilities, and improvements, (the “Library Elements”). To the extent permitted by law, and subject to the City’s prior approval, as set forth in Section III.c, the Foundation shall have the right to issue Naming Rights Opportunities to the Palm Springs Public Library and the Library Elements.
b. Term of Naming Right. The name will be affiliated with the Library Element for the applicable Naming Rights Term depending on the amount donated, as follows:

Amount Donated Naming Rights Term
Less than $5,000 1 years
$5,001 to $10,000 5 years
$10,001 to $50,000 10 years
$50,001 to $100,000 15 years
$100,001 or More 20 years

c. Termination of Naming Right. Notwithstanding the specified Naming Rights Term, if the Library Element must be replaced or substantially repaired, it may be renamed for a new donor. The Naming Right s Opportunity may additionally be terminated under the following circumstances:
i. The Foundation and the City shall each individually retain the right to rescind the naming rights if, in their sole discretion, it is determined that (i) a previously-approved name has become inappropriate due to subsequent criminal acts or acts of moral turpitude of the donor or the person or entity honored by the issuance of the naming rights, (ii) a donor has failed to meet its financial obligations relating to a pledged donation, or (iii) any other factor relating to the donor , the honoree, or the donation has arisen that would discredit the Foundation, the Palm Springs Public Library, or the City and/or is contrary to the City’s interests. d. The City’s Prior Approval. The City shall retain all control over location, size, type, and amount of all Naming Rights Opportunities, and any in- kind donation. Prior to issuing any Naming Rights O pportunity, the Foundation shall obtain the City’s written approval of the Naming Rights O pportunity, including as applicable, the proposed location, size, type of opportunity, any required signage/installation, expected donation amount, value of in-kind Item 1D - Page 7
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6 donation, and the donor’s name. The City shall have thirty (30) calendar days to review and approve or deny any proposed Naming Rights Opportunity. i. The Director of Library Services has the authority to approve or disapprove a proposed Naming Rights Opportunity up to $25,000.
ii. The City’s City Manager has the authority to approve or disapprove a proposed Naming Rights Opportunity in excess of $25,000 up to $100,000. iii. Naming Rights Opportunities in excess of $ 100,000 shall require specific approval by the City’s City Council.
iv. The Foundation shall not be required to obtain City approval for dedication plaques, engraved tiles or bricks or donor walls in locations approved by the City in its sole and absolute discretion. Such features shall be consistent with the design and functionality of the Palm Springs Public Library.
e. Proceeds from Naming Rights. Other than reasonable Foundation operating expenses, the Foundation will use all donations it receives for the benefit of the Palm Springs Public Library system, including the restoration, operation (including programs and services) , maintenance, and improvement of the Palm Springs Public Library System. The Foundation shall provide City the proceeds from the Naming Rights within thirty (30) days of receipt from donor.

If the Foundation determines operating expenses are necessary to be retained from the donation, the Foundation shall pro vide the Director of Library Services documentation of the expense and justification for retaining the operating expense. If the Director of Library Services does not agree to the retaining of the operating expense, a hearing shall be held before the Boar d to determine if the operating expense is justified. If the Board determines the operating expense is not justified, the Foundation shall return the withheld proceeds of the donation to the City within thirty (30) days from the Board hearing.

f. Costs. Any direct costs incurred in connection with the issuance of Naming Rights Opportunities shall be assumed and paid entirely by the Foundation or by donor s. As further described below, this includes, without limitation, the cost of signage, plaques, name plates, changes in lighting, and the like, and the cost of any marketing materials or events required to identify and engage prospective donors. The Foundation shall be responsible for repairing any damage to any signage, plaques, or name plates. The City shall not be obligated to replace any Library Element or signage, plaque, or name plate that is damaged or destroyed. Any donor with naming rights to the damaged Library Element shall be honored in an alternative method at the sole discretion of the Director of Library Services.
g. No Property Interest. Notwithstanding any provision of this MOU, the Parties do not intend to convey any ownership or other interest in the Palm Springs Public Library and nothing in this MOU or any donation agreement sh all be construed or interpreted as a grant of easement or any other interest in any property , including any portion of any Palm Springs Public Library system facility. If this MOU or any provisions of this MOU are construed or interpreted by a court of competent jurisdiction as conveying an interest in real property among the Parties, Item 1D - Page 8
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7 this MOU shall immediately become of no further force or effect, without notice to or action by any Party.

IV. DONATIONS TO FUND LIBRARY ELEMENTS
a. It is understood that the Foundation shall have the right to solicit donations that are designated by an individual donor (the “Specific Donation”). The Specific Donation can be designated by the individual donor toward the Foundation’s endowment or for u se towards the purchase and/or design and construction of the Palm Springs Public Library, or the construction and installation of any Library Element. The individual donors and any conditions attached to the Specific Donation shall be consistent with the goals , values and objectives of the City and the Foundation and the design and functionality of the Palm Springs Public Library system facility for which the Specific Donation was made.

V. INSURANCE

The Foundation shall obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on the Foundation’s structure and activities.

VI. AMENDMENT, RENEWAL AND TERMINATION

a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on the expiration of t en (10) years following the Effective Date (“the Expiration Date”). Either Party may renew this MOU for an additional period of ten (10) years to commence upon the Expiration Date. To exercise this option to renew, a Party must deliver to the other Party a written notice of its exercise of the option to renew at least six ty (60) days prior to the Expiration Date.

b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties.

c. This MOU may be terminated by either Party upon 30 days written notice.

d. Distribution of Proceeds Upon Expiration of the Term or Termination. At the Board’s sole and absolute discretion, any loan made to the Foundation by the Board may become automatically due and payable upon termination or upon expiration of the Term.

VII. INDEMNITY

a. Each Party agrees to indemnify, defend, and hold harmless the other Party , its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys’ fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying Party ’s negligent or Item 1D - Page 9
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8 wrongful acts or omissions arising from its respective activities pursuant to this MOU.

VIII. DISPUTE RESOLUTION
a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so war rant, such Party may seek any available remedy without waiting to complete the informal meet and confer process.

IX. GENERAL PROVISIONS

a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This MOU shal l be binding on all heirs, successors and assigns of the Foundation and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and the Foundation understand, acknowledge and agree t hat no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The City and the Foundation understand, acknowledge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein. d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. e. Warranty of Authority. The persons executing this MOU on behalf of the City and the Foundation represent and warrant that they are duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. f. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU.
g. Notices. All notices, demands and communications between the City and the Foundation shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses:

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9 City of Palm Springs Palm Springs Public Library Foundation 3200 E. Tahquitz Canyon Way 300 S. Sunrise Way
Palm Springs, CA 92262 Palm Springs, CA 92262
Attn: City Manager Attn: President

The foregoing names, addresses may be changed at any time by written notice, as provided above. h. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. i. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original.

IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date.

[Signatures on the following page.]

Item 1D - Page 11
55575.18200\40893611.7

10 SIGNATURE PAGE
TO

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND

THE CITY OF PALM SPRINGS

PALM SPRINGS PUBLIC LIBRARY

FOUNDATION

CITY OF PALM SPRINGS

By: ___________________________
David Sidley, President

Date: ___________________

By: ___________________________
Scott C. Stiles City Manager

Date: ___________________

By: ___________________________
Serena Leiterman , Secretary

Date: ___________________

ATTEST:

By: ___________________________
Brenda F. Pree, MMC, CERA, City
Clerk

APPROVED AS TO FORM:

By: ___________________________
Jeffrey S. Ballinger
City Attorney

Item 1D - Page 12

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 18000632 IN THE AMOUNT OF $20,000 ISSUED TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT NO. A6443 FOR TRAFFIC ENGINEERING SERVICES

FOR THE PALM CANYON DRIVE PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17-07
RECOMMENDATION:

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

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: A UTHORIZE AN INCREASE TO PURCHASE ORDER NO. 18000632 IN THE AMOUNT OF $20,000 ISSUED TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON- CALL AGREEMEN T NO. A6443 FOR TRAFFIC

ENGINEERING SERVICES FOR THE PALM CANYON DRIVE

PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY
PROJECT 17-07

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action will allow for the authorization of additional Traffic Engineering Services from Albert A. Webb Associates (Webb) for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07 (“Project”).

RECOMMENDATION:

1. Authorize an increase in the amount of $20,000 to Purchase Order No. 18000632 for additional Traffic Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for Webb is included as Attachment A.

BACKGROUND:

In 2017, Engineering Staff conducted an in- depth evaluation of past bicycle and pedestrian accident history on the City’s major corridors in an effort to improve bicyclist and pedestrian safety. This analysis resulted in recommendations for two priority projects along North and South Palm Canyon Drive and East Palm Canyon Drive. The projects consisted of new signals, pedestrian crosswalks, shortening crossing distances, adding Item 1E - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Albert A. Webb Associates Approve Amendment No.1 to A6443

pedestrian countdown heads, increased lighting at crosswalks and intersections, adding high visibility striping and making corner ramps more accessible.

Engineering Staff applied for , and the City was awarded grant funding from CVAG in response to a call for projects . I n October 2017, t he City Council approved a reimbursement agreement with CVAG and, subsequently, two new City projects were initiated: City Project 17 -07, North Palm Canyon Drive Bicycle and Pedestrian Safety Enhancements and City Project 17- 09, South Palm Canyon Pedestrian Safety Improvements. These two projects were bid together, and a construction contract was awarded by the City Council in December 2018.

Following a prolonged period for material acquisition and delays due to the onset of the COVID 19 pandemic, the South and East Palm Canyon portions of the project (CP 17- 09), were completed and accepted by the City Council on April 8, 2021. However, due to the pandemic, project finances were uncertain and City staff did not want to further impact downtown business with months of construction. Therefore, City Council decided to place CP 17-07 on hold for the time being.

Since the City had an obligation to fulfill the agreement with CVAG and complete CP 17- 07, the project was re-bid and on July 28, 2022, a construction contract was awarded to Alfaro Communications Construction in the amount of $3,807,125.26. Construction officially started in November 2022 and is scheduled to be completed by August 2023.

STAFF ANALYSIS:

In October 2017, Albert A Webb and Associates (Webb) was awarded Purchase Order (PO) 18000632 in the amount of $259,620 for design services for CP 17- 07. Of the total amount budgeted, $8,560 was budgeted for construction support services.

In July 2020, the PO was increased by $30,590.00 for additional services that included signing and striping and traffic signal plans.

Since the start of construction, Webb has provided on-going construction support and their services have been needed above and beyond what was originally budgeted due to the number of submittals requested to review, request s for information to answer, additional coordinating with Sothern California Edison, and numerous field meetings/on- line meetings to address issues discovered during construction.

As of May 10, 2023, Webb has $2,770 left on their PO, which does not take into account April’s invoice and there are still four months of construction left on the schedule. Webb submitted a proposal for additional construction services on May 3, 2023, in the amount $20,000 to provide additional support through the end of August. Webb’s proposal is included as Attachment B.

Item 1E - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Albert A. Webb Associates Approve Amendment No.1 to A6443

Webb’s support has been instrumental to help resolve issues in the field and Staff recommends approving the proposal costs for the successful completion of the project.

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 Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements , City Project No. 17-07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, “Improve City Facilities” and 3B , “5-Year Capital Improvement Plan”, (Expand Walking/Biking Infrastructure).

FISCAL IMPACT:

Sufficient Local Measure A funding is budgeted and available to cover the additional $20,000 increase to the Purchase Order.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Interest Disclosure Form
B. Webb Proposal dated May 3, 2023

Item 1E - Page 3

Attachment A
Item 1E - Page 4
A3

Page 21 of 48 ends

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)

 Other _______________________________
_______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other _________________________________
______________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
June 11, 2019
Albert A. Webb Associates
3788 McCray Street, Riverside, CA 92506
California
X
Matt Webb
X
X
X
Scott Webb
Steve Webb
Item 1E - Page 5
A4

Page 22 of 48 ends

 Other _______________________________

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

Matt Webb
Scott Webb
Steve Webb
34%, Albert A. Webb Associates
33%, Albert A. Webb Associates
33%, Albert A. Webb Associates
Item 1E - Page 6

Attachment B
Item 1E - Page 7
April 19, 2023
Revised May 3, 2023
Mr. Joel Montalvo, PE
City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262-2743
RE:

Palm Canyon Drive Safety Improvements – Signal Coordination and Additional Construction Support Services
Dear Joel:

Albert A. WEBB Associates is submitting this change order for out-of-scope work related to traffic signal coordination along Palm Canyon Drive and additional construction support services for the Palm Canyon Drive project in the City of Palm Springs.

Exhibit “A” contains our proposed scope of services. Exhibit “B” contains compensation for the scope of services described in Exhibit “A”. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 248-4289.

Sincerely,
Albert A. Webb Associates
Nick Lowe, MS / PE
D
eputy Director, Traffic & Transportation
Attachments – Exhibit A – Scope of Services
Exhibit B – Compensation for Scope of Services
Item 1E - Page 8
PALM CANYON DRIVE SAFETY IMPROVEMENTS – CHANGE ORDER 4 – SIGNAL COORDINATION AND ADDITIONAL

CONSTRUCTION SUPPORT SERVICES

Page 2 ends

G:\2017\17-0332\Proposals, Contracts, & Change Orders\Change Order\CO4\REVISED_CO-4 Signal Coordination and CS_2023-05-

03.docx
Exhibit “A” – Scope of Services
Traffic Signal Coordination
Out-of-scope work for the Palm Canyon Drive Safety I mprovements project includes efforts from WEBB for traffic signal coordination and is as follows:

Additional Construction Support
Additional work for the Palm Canyon Drive Safety Imp
rovements project includes efforts from WEBB
for construction support due to the additional coordination, reviews, meetings, and field visits which are needed to keep the project progressing and complete the project. It is understood that there have been issues with contractor findings, scheduling, and unforeseen obstructions and WEBB has been actively working with the City and contractor to resolve all items. WEBB has been utilizing leftover budgets in the original contract phases to cover the additional construction support efforts up to now.

However, the leftover budgets have been exhausted and the project still needs to be completed.

WEBB is striving to provide a successful project by being in the field whenever needed to solve problems efficiently while saving time by attending virtual meetings when possible. The efforts include the following:

• Provide continuing construction support services that include reviewing and responding to contractor RFIs, reviewing equipment submittals, and coordination with SCE and the City. • Attend field visits and participate in project meetings. • Provide review of contractor and manufacturer cost breakdowns to determine if cost increases are reasonable.
• Continue coordination with SCE and the contractor for electrical services.

Exhibit “B” – Compensation for Scope of Services

T
he cost to cover the additional Scope of Services (Exhibit “A”) that was provided is in the amount of $20,000.00 . Please note that WEBB is maintaining the same fee schedule from the original 2017 project to keep city costs down while this project is completed.

Task Description
Principal I
Associate II
Assistant III
Total Hours
Labor
Total
Task - Construction Support
Additional Construction Support 60 40 14 114 20,000$ 20,000$ Total 60 40 14 114 20,000$ 20,000$ Item 1E - Page 9

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL

MAINTENANCE SERVICES
RECOMMENDATION:

Approve Amendment No. 1 to Contract Services Agreement No. 8865 with St.

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-

CALL TRAFFIC SIGNAL MAINTENANCE SERVICES

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action requests City Council approval of Amendment No. 1 to the Contract Services Agreement with St. Francis Electric, LLC (SFE), a California limited liability company, to increase the maximum annual contract amount by $130,000 to a maximum annual amount of $510,000 for traffic signal and electrical system maintenance services at the City's various traffic signals for the remainder of Fiscal Year 2022-2023.

RECOMMENDATION:

1. Approve Amendment No. 1 to Contract Services Agreement No. 8865 with St. Francis Electric, LLC, a California limited liability company, increasing the maximum annual contract amount by $130,000 for a maximum annual contract amount of $510,000 for Traffic Signal Maintenance Services; and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form for St. Francis Electric, LLC is included as Attachment A.

BACKGROUND:

On May 27, 2021, City Council approved Contract Services Agreement No. A8865 with St. Francis Electric, LLC, (SFE) to provide On- Call Traffic Signal Maintenance Services throughout the City. Through this contract, St. Francis Electric provides 24 hour / 7 day per week on- call routine preventive maintenance, emergency repairs, and non- emergency maintenance of all the City’s various traffic signals and equipment.

Item 1F - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
St. Francis Electric Approve Amendment No. 1 to A8865

On-call traffic signal maintenance services are established a fixed cost for routine preventative maintenance of traffic signals at a per -location cost, as well as their labor and equipment rates, and mark -up, for unscheduled work, extra work and all other emergency repairs reimbursed at a time/materials cost basis.

However, the vast majority of traffic signal maintenance services performed for the City occur as emergency work. This emergency work consists of responding to reports of malfunctioning signals, lights out, installing new equipment as requested and traffic accidents. Emergency services are reimbursed based on the agreed Schedule of Fees for labor and equipment included in the contract.

The annual cost for traffic signal maintenance services fluctuates depending upon the nature and type of signal malfunction or repairs, and traffic accidents affecting the City’s traffic signal equipment. Historically, the City has established an annual budget of $380,000 for traffic signal maintenance services. Typically, those funds are sufficient to cover r outine monthly preventive maintenance and a moderate level of emergency response services typically related to one or two accidents affecting the City’s traffic signals.

STAFF ANALYSIS:

In this current Fiscal Year 2022-2023, there have been a high number of traffic collisions requiring emergency repairs and replacements. When a traffic collision occurs resulting in injury or property damages , the Police Department prepares a traffic collision report which documents the location and time of incident, all parties involved, insurance company information, and the cause as identified by the Police Department. This report is used as supporting documentation for property damage claims submitted to the responsible party’s insurance company in order to recover expenses. Once the repairs are complete, all related invoices are collected, and an invoice is submitted to the insurance company for payment. The repair process can take anywhere from 1 week if parts are on hand, up to 6 months if parts need to be ordered. Once all costs are in and submitted to the City’s claim adjuster, it can take anywhere between six months up to a year or more before the City recovers some or all costs, depending on the number of claims filed, and the subrogation process with the insurance company.

In addition to traffic collision related repairs, response calls have also significantly increased this fiscal year as well. The table below shows the general breakdown between maintenance, traffic collision, and response calls between July 1, 2023 to March 31, 2023.

Maintenance Response Knockdowns
$29,614.50 $226,331.19 $110,559.06
Budget Total Costs Remaining Budget
$380,000.00 $366,504.75 $13,495.25

Item 1F - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
St. Francis Electric Approve Amendment No. 1 to A8865

The remaining balance to cover the months of April, May, and June of this Fiscal Year is $13,495.25. The average SFE invoice per month has been $40,725, with an approximate low of $14,800 and a high of $87,140.

Staff is coordinating recovery of costs associated with these traffic collisions, and it is necessary to approve an amendment to the SFE contract services agreement to cover the last three months of this Fiscal Year. A copy of the proposed purchase order amendment is included as Attachment B.

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 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing ; therefore, the traffic signal maintenance services to be provided to the City under the proposed contract are considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Community Infrastructure (2A) Improve City Facilities Prioritize Deferred Maintenance.

FISCAL IMPACT:

Sufficient funds for this Amendment No. 1 are available in Account 1002000- 40105, Contractual Services.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Purchase Order Amendment Form

Item 1F - Page 3

Attachment A
Item 1F - Page 4
Item 1F - Page 5
Item 1F - Page 6

Attachment B
Item 1F - Page 7

Page 1 of 3 ends

Revised: 2.9.22

AMENDMENT NO. 1 TO THE TRAFFIC SIGNAL MAINTENANCE AND

TRAFFIC MANAGEMENT CENTER (TMC) SUPPORT SERVICES
AGREEMENT NO. 8865 BETWEEN THE CITY PALM SPRINGS
AND ST. FRANCIS ELECTRIC, LLC

1. Parties and Date.

This Amendment No. 1 to the Traffic Signal Maintenanc e and Traffic Management Center (TMC) Agreement No.8865 is made a nd entered into as of this 25 th day of May, 2023 , by and
between the City of Palm Springs (“City”) and St. Francis Electric, LLC , a California Limited Liability Company, with its principal place of business at 975 Carden St reet, San Leandro, CA 94577 (“Contractor”). City and Co ntractor are sometimes individua lly referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The C ity and Contractor have entered into an agreement entitled “Traffic Signal Maintenance and Traffic Management Center (TMC) Agre ement No. 8865” dated July 6, 2021 “Agreement” for the purpose of retaining the servic es of Contractor to provide on-going Traffic Signal/TMC Maintenance and emergency response repairs.

2.2 Amendment. The City and Contractor de sire to amend the Agreement to increase the purchase order by One-hundred thirty-thousand dollars ($130,000) for a new, not to exceed amount of Five-Hundred and ten-thousand dollars ($510,000) under the original agreement

2.3 Amendment Authority. This Amendment N o. 1 is authorized pursuant to Section 2.3, Changes in Scope, of the Agreement.

3. Terms.

3.1 Maximum Contract Amount, Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:

"2.1 Maximum Contract Amount. For the Se rvices rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incor porated in this Agre ement by reference.

Compensation shall not exceed the maximum contract amount of Five-Hundred and ten- thousand dollars ($510,000) ("Maximum Contract Amount") , except as may be provided under Section 1.8. The method of compensation sh all be as set forth in Exhibit “B.” The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Office r designated under Section 4.2 and will only be approved if such expenses are also speci fied in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in Item 1F - Page 8

Page 2 of 3 ends

Revised: 2.9.22

the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Servic es may be more costly and/or time-consuming than Contractor anticipates that Contractor sh all not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city’s payment obligation under this section is the amount specified in this Agreement. If the City’s maximum payment obligation is reached before the Contractor’s Services unde r this Agreement are completed, Contractor shall complete the Work a nd City shall not be liable for payment beyond the Maximum Contract Amount.

3.2 Continuing Effect of Agr eement. 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. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties here to 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 Severability. If any portion of this Ame ndment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 1 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 instrument.

[SIGNATURES ON FOLLOWING PAGE]

Item 1F - Page 9

Page 3 of 3 ends

Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ST. FRANCIS ELECTRIC, LLC

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffery S. Ballinger Brenda Pree
City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

Scott C. Stiles
City Manager

Item 1F - Page 10

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $943,000 FOR SKYLIGHT RAILINGS, CITY PROJECT 18-20 RECOMMENDATION:

Approve the construction contract to CALTEC Corporation, a California corporation, in the amount of $943,000 for the construction and installation of Skylight Railings, City Project No. 18-20.

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO CA LTEC
CORPORATION IN THE AMOUNT OF $943,000 FOR SKYLIGHT
RAILINGS, CITY PROJECT 18-20

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Award of this contract will allow the C ity to proceed with the installation of railings and screens providing protection at skylights on eight (8) public buildings within the City of Palm Springs. The installation of the proposed railings and/or screens w ill b ring the facilities into compliance with the California Occupational Safety and Health Administration (Cal/OSHA) Personal Fall Arrest Systems, Section 1670.

RECOMMENDATION:

1. Approve the construction contract to CALTEC Corporation, a California corporation, in the amount of $943,000 for the construction and installation of Skylight Railings, City Project No. 18-20 (the “Project”).

2. Delegate authority to the City Manager or his designee to approve and execute construction contract change orders up to a total amount of $94,300 (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 CALTEC Corporation is included as Attachment A.

BACKGROUND:

On April 30, 2019, the City solicited a proposal from our on- call consultant, Harris & Associates, to provide plans and specifications for the installation of railings and/ or Item 1G - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Award Construction Contract Skylight Railings CP 18-20

screens to protect existing skylights on eight (8) of the public buildings within the City of Palm Springs. The installation of the proposed railings and/or screens would bring the subject facilities into compliance with the California Occupational Safety and Health Administration (Cal/OSHA) P ersonal Fall Arrest Systems, Section 1670. At the start of the pandemic, the P roject was placed on hold for two years before S taff received authorization to complete the construction documents needed for bidding. The subject locations are shown in Exhibit 1 below, along with a list of building names.

Exhibit 1 – Skylight Railing Project Locations

1. Palm Springs Library 5. Demuth Community Center

2. Fire Station 2 6. Animal Shelter

3. Fire Station 1 7. Police Department

4. Fire Station 4 8. Fleet Operations Facilities

On March 3, 2023, City Council approved the plans, specifications, and engineer’s estimate for the Project and authorized Staff to advertise and solicit bids.

STAFF ANALYSIS:

On April 6, 2023, the Engineering Services Department advertised the Project to plan rooms, the local paper, and through the City’s online procurement program PlanetBids TM
to allow the submissions of bids electronically.

On. May 8, 2023, the Engineering Services Department received one bid in the amount of $943,000 from CALTEC Corporation of Westminster, California (CALTEC).

Item 1G - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Award Construction Contract Skylight Railings CP 18-20

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 work force resides within the Coachella Valley. CALTEC is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis

Staff reviewed all bid documents submitted and determined that CALTEC complies with the instructions to bidders and has submitted a responsive and responsible bid. Staff recommends that City Council approve the bid submitted by the C ALTEC. A copy of the construction agreement is included as Attachment B.

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 15301 “Existing Facilities,” Class 1 projects consist of th e operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, Skylight Railings, City Project No. 18 -20, is considered categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “ Community Infrastructure”, specifically 2A, Improve City Facilities.

FISCAL IMPACT:

The cost for the Project was estimated at $847,780 under the 5-year Capital Improvement Program. Due to the current bidding environment, construction costs have come back higher than expected as outlined in Table 1 on the following page.

Item 1G - Page 3
City Council Staff Report
May 25, 2023 -- Page 4
Award Construction Contract Skylight Railings CP 18-20

TABLE 1
Table of Project Costs Amount
5-year Capital Improvement Program – Budgeted $847,780
Design Costs ($157,950)
Project Administration – Staff time during design ($20,000) Construction Administration/Inspection ($40,000)
Construction Contract ($943,000)
Contingency (10%) (94,300)
Additional Funds Needed ($407,470)

An appropriation of $407,470 is required from the Capital Project Fund Balance. Sufficient funds are available in the Capital Project Fund to cover the additional costs.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure
B. Construction Agreement

Item 1G - Page 4

Attachment A
Item 1G - Page 5
Item 1G - Page 6
Item 1G - Page 7

Attachment B
Item 1G - Page 8

Revised 2.9.22 Page 1 of 5

AGREEMENT A____
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 2023, 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 law s of the State of California, hereinafter designated as th e City, and CALTEC CORPORATION , a California corporation, 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 c onsideration of the payments and agr eements to be made and performed by City, Contractor agrees to furnish all materials and perform all work requ ired to c omplete the Work as specified in the C ontract Documents, and as g enerally indicated under the Bid Schedule(s) for the Project entitled:

SKYLIGHT RAILINGS
CITY PROJECT NO. 18-20

The Work comprises of the installation of railings or screens to protect the existing skylights on eight of the public buildings within the City. The eight locations can be found listed below:

The work shall be diligently prosecuted to completion before the expiration of 120 calendar day.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

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

The City and the C ontractor recognize t hat time is of the e ssence of this Agr eement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any ext ensions t hereof a llowed in a ccordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize th e delays, expense, and difficulties involved in proving in a legal proc eeding the actual loss suffered by the Ci ty if the Work is not completed on ti me.
# Location Site Address
1 Palm Springs Public Library 300 S Sunrise Way, Palm Springs, CA 92262 2 Fire Station 2 300 N. El Cielo Road, Palm Springs, CA 92262 3 Fire Station 1 277 N. Indian Canyon, Palm Springs, CA 92262 4 Fire Station 4 1300 La Verne Way, Palm Springs, CA 92262 5 Demuth community center 3601 E. Mesquite Avenue, Palm Springs, CA 92264 6 Animal Shelter 4575 E Mesquite Avenue, Palm Springs, CA 92264 7 Police Department (Jail) 200 S Civic Drive, Palm Springs, CA 92262 8 Fleet Operations Facilities 459 N. Civic Drive, Palm Springs, CA 92262 Item 1G - Page 9

Revised 2.9.22 Page 2 of 5

Accordingly, in stead o f requir ing any such proof, the City and the Contractor agree that as liquidated damages o r delay ( but not a s a penalty), the C ontractor s hall pay the City the sum s pecified in Section 6-9 of the S pecial Provisions for each calendar day that expires after the time s pecified in Article 2, herein. In executin g the Agreement, the C ontractor a cknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the a ctual loss incurred by the City due to the i nability to c omplete the Work within the time specified 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 -- CONT

RACT PRICE

The City shall pay the C ontractor for the c ompletion of the Work , in accordance with th e Contract Documents, in cu rrent funds the C ontract Price(s) named in the C ontractor's Bid Proposal and Bid Schedule(s), and any duly authorized C onstruction C ontract Change Orders approved by the City.

The amount of the initial c ontract award in a ccordance with the Contractor’s Bid Pr oposal is NINE HUNDRED FORTY -THREE THOUSAND DOLLARS ($ 943,000.00).

Contractor agr ee s to receive and a ccept the p rices set forth herein, a s f ull compensation f or furnishing all materials, performing all work, and fulfi lling all obligations hereunder. Said compensation s hall cover all ex penses, lo sses, damages, and c onsequences a rising 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 w hole t hereof in the manner and tim e specified in the C ontract Documents; and, also including those arising from actions of the elem ents, unforeseen difficulties or obstructions encountered in the prosecution of the 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 Invitin g Bids, Instructions to Bi dders, the prevailing rate of per diem wages as determined by the Director of th e California Department of I ndustrial 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 B ond, this Agreement, Worker's Compensation Certificate, Performa
nce Bond, Pay ment B ond, Standard S pecifications, S pecial Provisi ons, th e Drawings, Addenda numbers _0_ to _0_, inclusive, 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.

Item 1G - Page 10

Revised 2.9.22 Page 3 of 5

City hereby agr ees to employ, and does hereby employ, C ontractor to provide th e materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the S pecial Provisions. A pplications for Pay ment w ill b e 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

Contractor shall provide indemnification and defense as set forth in Section 7-15 “I ndemnification,” of the S pecial Provisions.

ARTICLE 9 -- PREVAILING WAGES

Contractor ag rees to fully comply w ith a ll applicable f ederal and st ate labor laws including, without lim itation California Labor Code Section 1720, et seq ., and 1770, et seq ., as we ll as California Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws").

Contractor shall bear all risks of payment or non-payment of p revailing 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 from any claim or li ability arising out of any failure or alleged failure to c omply with 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 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.

Item 1G - Page 11

Revised 2.9.22 Page 4 of 5

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., pl ace 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 S pecifications and th e Special Provisions will have the meanings i ndicated in said Standard S pecifications and the S pecial Provisions. No a ssignment b y a party hereto of any rights under or interests in the C ontract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be a ssigned without such consen t (except to the ext ent that the effect of this re striction may be limited by law) , and unless specifically stated to the c ontrary in any written consent to an assignment, no assignment w ill rel ease or di scharge the a ssignor from any duty or res ponsibility under the Contract Documents.

The C
ity and t he C ontractor each binds its elf, its partners, su ccessors, assigns, and l egal representatives, to the other party hereto, its partners, successors, assigns, and legal 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 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.

SIGNATURES ON NEXT PAGE
Item 1G - Page 12

Revised 2.9.22 Page 5 of 5

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

AND CALTEC CORPORATION

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1G - Page 13

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

PROPOSED “BLOCK G POP ART PARK” PROJECT
RECOMMENDATION:

Accept donation of the artwork Pin Wheel by artist Larry Lubow from Ann Sheffer.

2. Approve temporary placement of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G of the Downtown Development for a period of two years.

4. Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: PROPOSED “BLOCK G POP ART PARK” PROJECT

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

The Public Arts Commission is proposing a Pop Art Park Project (Project) at Block G , located at the southwest corner of North Belardo Road and Belardo Road in the Downtown Development Project (Site, Attachment A) for a two-year period. As currently proposed, the Project will include Pin Wheel by artist Larry Lubow, Popsicles by artist John Cerney, and Impossible Lawn Chair by artist Brian Buetel. Popsicles and Impossible Lawn Chair are owned by the City and will be relocated from their current locations. Pin Wheel has been offered to the City as a donation, and the Public Arts Commission is recommending the City approve this donation from former Public Arts Chair Ann Sheffer.

Costs associated with the Project are $13,275. Approval of the proposed actions will facilitate implementation of the Project.

RECOMMENDATION:

1. Accept donation of the artwork Pin Wheel by artist Larry Lubow from Ann Sheffer.

2. Approve Public Art Funds in the amount of $9,775 for installation of a concrete pad for Impossible Lawn Chair ; $500 for Popsicles to fabricate a plaque; and $3,000 to install Pin Wheel, for a total of $13,275.

3. Approve temporary placement of the artwork s Pin Wheel , Popsicles, and Impossible Lawn Chair on Block G of the Downtown Development for a period of two years.

4. Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artworks Pin Wheel, Popsicles, and Impossible Lawn Chair on Block G, located at the southwest corner of North Belardo Road and Belardo Road of the Downtown Development for a period of two years.

Item 1H - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Block G Pop Art Park

BACKGROUND:

At the February 15, 2023 meeting of the Public Arts Commission, the Public Arts Commission voted unanimously to accept the donation of art piece Pin Wheel by artist Larry Lubow from former Public Arts Chair Ann Sheffer , with the installation site to be determined after approval. The Pin Wheel sculpture was first displayed in the 2008 Power of Art exhibition at the historic Redondo Beach power plant. It was constructed in mirrored stainless steel and is corrosion resistant. The whirligig spins freely on ball bearings.

At the May 3, 2023 meeting of the Public Arts Commission meeting, the Public Arts Commission voted unanimously to approve having Impossible Lawn Chair , Popsicles, and Pin Wheel recommended for placement on Block G of the Downtown Development Project and to allocate Public Art Funds in the amount of $9,775 for installation of a concrete pad for Impossible Lawn Chair ; $500 for Popsicles to fabricate a plaque; and $3,000 to deinstall, transport, and install Pin Wheel.

STAFF ANALYSIS:

Block G was donated to the City in 2019 as part of a settlement agreement with Grit Development, LLC (Grit). Block G is a .45-acre parcel (approximately 19,602 square feet) located at the southwest corner of North Belardo Road and Belardo Road in the Downtown Development Project. The timeframe for its future development is estimated to be two years. The Project is being proposed as an interim art installation within that timeframe.

The proposed Project is envisioned as a vibrant addition to the City's cultural landscape, featuring playful installations of pop art. With its proximity to the popular Downtown Park and other art exhibits, the Project builds on the experience for residents and visitors and may help increase foot traffic and positive publicity for the area.

The proposed art pieces for the Project are shown below.

Item 1H - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Block G Pop Art Park

Image 1
Pin Wheel by Larry Lubow

Item 1H - Page 3
City Council Staff Report
May 25, 2023 -- Page 4
Block G Pop Art Park

Image 2
Impossible Lawn Chair by Brian Buetel

Image 3
Popsicles by John Cerney

Item 1H - Page 4
City Council Staff Report
May 25, 2023 -- Page 5
Block G Pop Art Park

The approximate locations for each of the artworks are shown on Attachment A. The locations may be modified depending on site conditions. The proposed S ite meets the site criteria under Section 3.37.080 (b) Art Site Acceptability which states:

“When selecting the location for art purchased through the public arts fund, preference shall be given to publicly accessible public places. This would include libraries, parks, office buildings, sidewalks, traffic islands, etc.

Lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites.”

ENVIRONMENTAL ASSESSMENT
:

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

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT
:

Approval of this action will require City Council approval to use $ 13,275 of Public Arts Funds. There are sufficient funds available in the Public Arts Fund account 1502550 40105, Contractual Services.

REVIEWED BY:

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

ATTACHMENTS:

A. Site Map
Item 1H - Page 5

ATTACHMENT A

BLOCK G SITE MAP

Pin Wheel
Popsicles
Lawn Chair
Item 1H - Page 6
Springs
. Museum
101 MUS EUM DR
Pi:llm Spr ng:.,
Arl Museum
r
Museum Way
.....

Dow, tow, Palm
prin 1s ;
175 N PALM CANYON
Muse um Way
12p N PALM CANYON

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23P056 WITH OFRS, INC.

FOR HOMELESS ENCAMPMENT AND SITE CLEAN-UP SERVICES
RECOMMENDATION:

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

Attachments
Item 1I

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23P056 WITH OFRS, INC. FOR HOMELESS ENCAMPMENT AND SITE CLEAN -UP

SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve a three- year agreement with OFRS, Inc., in an amount not to exceed $1,200,000 for homeless encampment and site clean-up services, which equates to an estimated $400,000 annually over the three-year term.

RECOMMENDATION:

1. Approve Contract Service Agreement No. 23P056 (Attachment A) with OFRS, Inc. to provide homeless encampment and site clean-up services for a three-year term in an amount not to exceed $1,200,000 beginning June 1, 2023, through May 31, 2026.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on February 28, 2023, OFRS, Inc. is registered in the State of California.

BACKGROUND:

Palm Springs has experienced an increase in the homeless population throughout the City in recent years and is working on longer term solutions to assist the homeless population with adequate services and temporary to permanent housing. At any given time, there are a number of homeless encampments throughout the City that require continual attention. These sites have become a dumping ground for trash and debris, some of which contain both hazardous and biohazardous waste. These sites are located not only in the urban areas of the City, but also within drainage ditches and washes , Item 1I - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Award Homeless Encampment & Site Area Clean-up Services Contract

posing a challenge for access and a hazard for those living in these areas should there be a significant rain event.

OFRS, Inc. will be responsible for working respectfully with the homeless population to clean up these various sites on an as-needed basis. The services will include remediation, disinfection, debris removal, bagging and tagging personal property for storage, posting and noticing prior to clean- up events, and proper hazardous and biohazardous waste disposal.

STAFF ANALYSIS:

Public Works along with the Police Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Eight proposals were received and evaluated by an evaluation team made up of City staff from Public Works, Police, and the Office of Neighborhoods Departments. The proposals were evaluated against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price. OFRS, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

The contract with OFRS, Inc. is an on -call, as-needed type contract. The amount of the contract is based on the budgeted amount and anticipated needs determined by the department. Staff recommends approval of Contract Services Agreement No. 23P056 with OFRS, Inc. for a three- year term in an amount not -to-exceed $1,200,000 effective June 1, 2023 through May 31, 2026.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1A, Quality of Life – Improve Homelessness.

Item 1I - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Award Homeless Encampment & Site Area Clean-up Services Contract

FISCAL IMPACT:

Sufficient funds are budgeted in fiscal year 2022-23 and 2023-24 Contractual Services Account 1001060-40105 using the Council approved Homelessness set -aside. These funds were budgeted for various potential projects, programs, and services to address homelessness. The remaining years will be budgeted in 1006515-40105.

REVIEWED BY:

Public Works Director: David McAbee
Acting Finance Director: Kristopher J. Mooney
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P056
B. Public Integrity Disclosure

Item 1I - Page 3

ATTACHMENT A

Item 1I - Page 4

Revised 2.9.22 Page 1 of 22

CONTRACT SERVICES AGREEMENT 23P056

HOMELESS ENCAMPMENT AND SITE AREA CLEAN-UP SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on June 1, 2023, by and between the City of Palm Springs, a California char ter ci ty and municipal corporation (“City”), and OFRS, INC. , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed an d qualified contractor to provide the City with on-call homeless encampment and site clean-up services. (“Project”).

B. Contractor has submitted to City a proposal to provide on- call homeless encampment and site area clean-up services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and re putation, Cont ractor is qualified and desires to provide the necessary services to City for the Project.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Item 1I - Page 5

Revised 2.9.22 Page 2 of 22

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimb ursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,200,000.00.

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

3.3 Changes . In the event any change or changes i n the Services is reque sted by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to docum ents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additi onal services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

Item 1I - Page 6

Revised 2.9.22 Page 3 of 22

4. PERFORMANCE SCHEDULE

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

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

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

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

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

Item 1I - Page 7

Revised 2.9.22 Page 4 of 22

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Cons ultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respe ct to the specified Services and work: Charles Anzalone (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal s hall be responsible during the term of this Agreemen t for directing all activities of Con tractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Offi cer. The Contr act Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of t he per formance of the S ervices. Contra ctor shall ref er any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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

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

5.5 Personnel. Contractor agrees to assign the following individua ls to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel Item 1I - Page 8

Revised 2.9.22 Page 5 of 22

without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: Title:

Charles Anzalone President

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers ( collectively the “Indemnified Parties”), from and against any and al l liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses Item 1I - Page 9

Revised 2.9.22 Page 6 of 22

including legal costs and attor ney fe es (collectively “Claims” ), including but not l imited to Claims arising from injur ies to or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local l aw or ordinance or in any ma nner arising out of, pertaining to, o r incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in th is Agreement be construed to li mit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such m atters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

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

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

Item 1I - Page 10

Revised 2.9.22 Page 7 of 22

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

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

9. E NFORCEMENT OF AGREEMENT

9.1 California Law . Th is Agreement sh all be construed and inte rpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

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

9.2 Interpretation. This Agreemen t shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreeme nt are contractual and the resu lt of negotiation betw een the Parties .

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

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

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

9.4 Rights and Re medies are Cumu lative. Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e or d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

Item 1I - Page 11

Revised 2.9.22 Page 8 of 22

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discri mination. In connection with its performanc e under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origi n ( i.e., place of origin, immigration status, cultura l or linguistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall e nsure 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 cert ifies that its actions and omis sions 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; rec ruitment 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.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Part y des ires, or is required to give to the othe r Party or any other person shall be in Item 1I - Page 12

Revised 2.9.22 Page 9 of 22

writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

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

To Contractor: OFRS, INC.

Attention: Charles Anzalone
1875 Freeman Avenue
Signal Hill, CA 90755

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

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

11.4 Severability. Whenever possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law. In the even t that any one or more of the phrase s, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invali d or unenforceable by va lid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability s hall not affect any of the remainin g phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to t he benefit of the Parties’ successors and assignees.

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

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

11.8 Authority. T he persons executing this Agreement on behalf of the P arties warrant that they are duly author ized to execute this Agreement on be half of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

Item 1I - Page 13

Revised 2.9.22 Page 10 of 22

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

11.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]
Item 1I - Page 14

Revised 2.9.22 Page 11 of 22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND OFRS, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No. __________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1I - Page 15

Revised 2.9.22 Page 12 of 22

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1I - Page 16

Revised 2.9.22 Page 13 of 22

1.1 Scope:

A. The Contractor shall f urnish all labor, tools, materials, protective clothing/gear, and equipment to provide turnkey clean-up of homeless encampments and various illegal dump sites for a safe and clean site by removing, transporting and disposing of biohazardous material and other encampment and waste materials.

B. The services to be performed are on an on- call basis but would be scheduled with advanced notice. Contractor shall perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

C. As directed by the Ci ty, Contractor shall provide turnkey h omeless encampment or various site cleanup for a safe and clean site by removing biohazardous material and other encampment waste material.

D. Sites may contain a variety of materials that contain hazardous materials, including biohazardous materials, garbage, general debris, human waste, constructed temporary shelter, and other ite ms associated w ith homeless occupancy or illegal dumping. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of human waste, and State approved handling and removal of all material. Disposal shall be at a site permitted to accept such materials.

E. Sites will be identified individually. The City will make an effort, when poss ible, to cluster several sites. Sites include under structures (e.g., bridges), open area, vegetated ground cover, in City right-of-way, abandoned structures (e.g., houses, sheds, outbuildings), and scrap material and/or tent type shelter. Site locations may occasionally require confined space e ntry cleanup. Property may be publ ic or privately owned.

F. The Contractor will get approval from the City prior to the removal of any vegetation and/or alteration of the land. Contractor shall coordinate with the City to receive a list of camp locat ions for removal and establish a start date. Contractor will provide estimated timeframe of the work, staging areas, traffic control, if required, and the name and contact number of the onsite representative.

G. S ome camps may be difficult to access and therefore it may not be possible for trucks and other vehicles to park close to the job site. In those situations, the Contractor will have to carry the debris out. If cleanup can’t be done without the use of vehicles, the Contractor will need to coordinate traffic, p rotect employees, passerby, and infrastructure that could be damaged.

H. Work m ay have to be performed in inclement weather. Jobsites can be in heavy foliage, poison oak, steep embankments, neat train tracks, by drainage areas or washes and other areas requiring alertness to the environment and planning to prevent injury or illness. Contractor will perform a hazard assessment and provide all training and supplies necessary to provide for a safe operation.

I. Contractor shall provide and make available in association with proposal, all Injury and Illness Prevention Program (IIPP) documents and processes.

J. Contractor shall provide a Project Manager to perform supervision and management of crews and s ub-contractors and ensure all necess ary safety procedures are followed. This individual will serve as the City’s contact.

K. C ontractor shall follow best practices work procedures to safely manage any hazardous materials found on the jobsite, including urine, feces, personal hygiene Item 1I - Page 17

Revised 2.9.22 Page 14 of 22

items, syr inges, and other materials wh ich c ould pose a health threat. Contractor shall properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

L. All site work performed by Contractor at project sites shall be in accordance and will meet all applicable OSHA safety standards. Contractor shall provide its own safety equipment/personal prote ctive equipment (PPE). Contractor shall provide appropriate training to all maintenance personnel and be current and compliant for all regulations and standards.

M. Contractor shall have personnel trained and compliant in Confined Space and Permit Required Confined Space entry. Training and certification shall meet OSHA standard 29 CFR 1910.146.

N. Contractor s hall clean, disinfect, decontaminate and sterilize City facilities, encampments, structures and contaminated items and spaces.

O. Contractor shall provide pest control services as needed.

P. If a site is found to be occupied, the Police Department can be called to c lear the site. Clean-up crews should avoid cleaning the s ite if it is actively occupied unless otherwise authorized by the City. Contractor shall not ify the City’s designated representative in the event an adjacent homeless encampment is discovered i n the general area during the course of a project to obtain authorization prior to proceeding with any additional work that was not identified in the original scope of work.

Q. The Contractor must have a sa fety program and appropriate training/licensing in place to perform the services.

R. Contractor shall photograph the encam pment site before and after cleaning and provide an electronic copy of each photograph to the City. Contractor shall notify the City when the work is complete and provide a cleanup report for eac h site, including total weight of debris removed.

S. Persons ordered from camps are told to take possessions of importance with them. If they are arrested and leave behind valuable/usable items that must be stored by the City for 90-days. Contractor shall provide bags and tags and identify and tag certain items as "personal property". Such items include but are not limited to items in good repair such as tents, backpacks, medication, e yeglasses, books, jewelry, stoves, audio equipment, toiletries, personal records, handbags, personal photographs, duffel bags, bedrol ls, blankets, watches, and clean clothing. The Contractor will transport identified property for storage to a site designat ed by City as directed by City Staff. Guidelines for the proper identification and classification of personal property may be found in Attachment A-1 to this Scope of Work. In addition, the City will provide training and written instructions as required fo r the Contractor to help identify, sort, tag, and catalogue what will be retained as personal property .

Contractor will also be responsible for posting notice at each cleanup indicating contact information for reclaiming personal property unless otherwise directed by the City.

T. U
nder most circumstances, the Police Department will have already confiscated weapons and illegal contraband, however if firearms or other dangerous weapons are located and determined to be a threat to the safety of those on scene, the Contractor will stop work immediately, contact the Police Department, and wait for the assigned unit to arrive to process evidence /crime scene.

Item 1I - Page 18

Revised 2.9.22 Page 15 of 22

U. From time -to-time Contractor may be asked to attend a Homeless Task Force Meeting coordinated by City and m ay be attended by multiple agencies and special interest organizations.

1.2 Compensation:

Work will be compensated on a unit price or lumpsum basis depending on the task authorized. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compens ation will be due by the City unless the contract is modified for additional work requested by the City. More specifically costs will be compensated as follows:

1. S ite Cleanup Mobilization: Single mobilization for each site, with only one payment per site regardless of how many days a single cleanup may require, to include all pre-site work setup up times, site travel times, planning, and other tasks to get the site ready to perform cleanup.

2. Site Cleanup Mobilization Daily: Daily mobilization for each site, to include all pre-site work setup up times, site travel times, planning, and other tasks to get the site ready to perform cleanup.

3. S ite Cleanup Labor: Includes prevailing wage labor and equipment necessary to perform all site cleanup operations.

4. B iohazard Technician: Includes prevailing wage labor, containment of biohazardous waste, transient debris or any litter that poses health and s afety risk, removal of contaminated contents, personal protective equipment, consumable supplies, administrative fees, and photo documentation.

5. Biohazard Material Disposal: Containment, transportation, and disposal of biohazard material per 40-gallon containment unit.

6. Non-biohazard Material Disposal: Containment, transportation, and disposal of non - biohazard material off site based on weight.

7. Hazardous waste (non -biohazard) Material Disposal: Containment, transportation, and disposal of hazardous waste (non-biohazard) materials off site based on weight.

8. Equipment, Materials, and Subcontrac tors: equipment , materials, a nd approved subcontractors will be reimbursed at cost plus the markup provided on the pricing form. Receipts or proof of cost will be required for payment.

Item 1I - Page 19

Revised 2.9.22 Page 16 of 22

Attachment A-1

Examples of items to take to storage: The following are examples of items that could be considered personal property and will be stored:
 ID/Social Security cards
 Medications
 Birth Certificates
 Tents
 Pots & Pans
 Radios & Electronics
 Photos/Photo Albums
 Tax/medical records
 Intact Bicycles
 Jewelry
 Purses/backpacks/briefcases
 Eyeglasses
 Books
 Tools
 Stoves & Generators
Examples of items that are trash or pose a threat to public health or safety and will not be stored: The following are examples of conditions that will cause on item (including those examples listed above) to be immediately disposed of:
 Dirty or Soiled: items that smell, are stained with urine, bodily w aste, or mud, or are infested with fleas, bed bugs, rats or other vectors
 Perishable: open food or personal products that will spoil or rot in storage  Contaminated: items used for hygiene or that present a risk of biohazard (i.e. used toothbrushes, hairbrushes, washcloths, bandages, sponges, and underwear)  Hazardous or Explosive: items that could corrode or burn in storage (i.e. car batteries, gasoline cans, and propane tanks)
 Broken or Disassembled: items that are broken, damaged, or stripped of parts (i.e. electronics stripped for copper, flat tires, torn up clothes)  Weapons: weapons will be turned over to the Police Department  Obvious Trash: Food/beverage wrappers, tissue/paper napkins, open household product containers
 All medications and controlled substances will be turned over to the Police Department for storage

Item 1I - Page 20

Revised 2.9.22 Page 17 of 22

Item 1I - Page 21
ITEM
1 2
3 4
5 6
7 8
ATTACHMENT " F" - REVISED PER ADDENDUM NO. 2

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 17-23)
HOMELESS ENCAMPMENT AND SITE CLEAN.UP SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal") DESCRIPTION Unit of Measure Rate
Site Cleanup Mobilization Site $200
Site Cleanup Mobilization Daily Da.y $200
Site Cleanup Labor Hour $125
Biohazard Technician Hour $125
Biohazard Material Disposal 40 Gallon Container $90
Non-Biohazard Material Disposal Too $98
Hazardous waste (non-biohazard) 55 Gallon Container
Material Disposal $225
Markup on Equipment, Materials, and
Subcontractors•
Percentage
14%
"Note: Equipment, Materials, and Subcontractors used will be paid at cost plus the allowable markup shown in Item 8 above. Receipts or proof of cost are required for payment.

Certified by: __ C_h_ar_les_ Anz_ a_l_on_e_-_P_r_eSl_·d_en_ t._O_F_R_S_, _ln_c _______ _ Fim1 Name:. ___ O_F_RS_,~l_nc_. _______________ _
Signature of Authorized Person: _ ~ ___ A~~- ,,g,- ·,.., ________ _ Printed Name: ___ C_ha_rle_s_An_ za_l_on_e ____________ _ Title: ___ P_re_si_d_en_t __________________ _
Date: ___ 21_2412_ 3 ___________________ _

Revised 2.9.22 Page 18 of 22

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

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

Revised 2.9.22 Page 19 of 22

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and prope rty damage insurance against all claims for inju ries agains t persons or d amages to propert y resulting from Contractor’s performance under this Agreement.

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

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

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

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

2. Automobile liability insurance with limits of a t least one m illion dollars ($1,000,000.00) per occurrence;

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

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

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

Revised 2.9.22 Page 20 of 22

contribution it may have again st City, its elected officials, offic ers, employe es, agents, a nd volunteers.

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

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

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, inc luding a dditional in sured endorsement s, a ffecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind cover age on its behalf. All proof of insurance is to be received and approved by the City before w ork commences. City r eserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Ad ditional insured endorsements are not required f or Errors a nd Omissions a nd Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Covera ge with an approved Additiona l In sured E ndorsement wit h the following endorsements stated on the certificate:

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

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

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

Item 1I - Page 24

Revised 2.9.22 Page 21 of 22

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the auth orized agent/broker or insurance underwriter.

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

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

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

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

Item 1I - Page 25

Revised 2.9.22 Page 22 of 22

EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N -6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1I - Page 26

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 17-23)

HOMELESS ENCAMPMENT AND SITE CLEAN-UP SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL /WORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the appl ication and se ek a City approval dete rmined by a vote of City officials. E xamples 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 C ity of P alm Springs Public Integrity Ordinance advances transparency in municipal government and assists p ublic officials in avoiding conflic ts of interest. Th e City’s Public Integrity Ordinance, codified in Chapter 2.60 of the munic ipal code, reflects the City’s interest in ensuring that co mpanies (and other legal entit ies t hat are n ot natural people) doing business in the commun ity are transparent and make di sclosure as to their ow nership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dol lars ($2,000) or more, who has a mat erial financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material fina ncial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voti ng official (or the C ity Manager or C ity Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have d one business together during the year prior to the application;
(2) the official has earned income f rom the owner/investor during t he 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 ow ner/investor’s interest in the applicant entity, in relation to the appl ication’s outcome.

When Must I File?
You must file t his form with the Office of the Cit y Clerk at th e same time when you file your application for a City approval determined by a vote of C ity officials, whether elected or appointed.

Item 1I - Page 27

What Must I Disclose?
A. The names of all natural persons who are officers, direct ors, members, managers, trustees, and other fiduciaries serving trus ts 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 nat ural per son serves the applicant en tity (e.g., a s a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

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

What if I Have Questions?

PENALTIES

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

*There are some additional supplementary instructi ons with an example following the form should you need further clarification.

Item 1I - Page 28

ATTACHMENT B
Item 1I - Page 29

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State If oth
er 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, Membe rs, Managers, Tr ustees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  Gener al Partner  Limited Partner
Oth er ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Ot her __________________________
________________________
________  Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Ot her __________________________
OFRS, Inc.
1875 Freeman Ave, Signal Hill, CA 90755
Same as above
California
X
Charles Anzalone x
Randy Balik x
Taylor Marshall x
Item 1I - Page 30
I l
-
~
-
-
-
-
L

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

EXAMPLE

JANE DOE

[name of owner/inv estor]
50% , A BC COM
PANY, 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 own er/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inv estor] [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 i n entity and name of entity]

I DECLA RE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Charles Anzalone 53.5%, OFRS, Inc.

Randy Balik 20%, OFRS, Inc.

Taylor Marshall 18.4%, OFRS, Inc.

Brad Newton 8.1%, OFRS, Inc.

Charles Anzalone - President
2/23/23
Item 1I - Page 31
City
of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary i nstructions to clearly identif y th e required information, and the format the information should be provided.

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

Ult ima
tely, th e City’s disclosure document (at tached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities ( and any other bus iness entities comprising your business entity).

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

John Doe, Jill Doe, and Jay Doe, which i s ow ned 50% by Acme Brothers, LLC, a Cal ifornia limited liabilit y comp any, and John Doe (25% inte rest) and Jill Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a C alifornia corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2 , LLC, a California limited liability comp any, w hich is ma naged by George Doe, with G eorge Doe and Jane Doe having 50% interest each.

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

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

2. Acme Brothers, LLC, a Calif ornia limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1I - Page 32

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE AGREEMENT NO. 23B104 WITH BLACK AND WHITE EMERGENCY

VEHICLES, LLC FOR ON-CALL EMERGENCY VEHICLE UPFITTING SERVICES RECOMMENDATION:

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AGREEMENT NO. 23B104 WITH BLACK AND WHITE

EMERGENCY VEHICLES, LLC FOR ON -CALL EMERGENCY VEHICLE

UPFITTING SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve a three-year agreement with two one-year extension options with Black and White Emergency Vehicles, LLC, for on- call emergency vehicle upfitting services in an amount not to exceed $1,950,000.

RECOMMENDATION:

1. Approve Contract Ser vices Agreement No. 23B104 (Attachment A) with Black and White Emergency Vehicles, LLC, to provide on- call emergency vehicle upfitting services for an amount not to exceed $1,950,000 beginning June 1, 2023 through May 31, 2026, with two one- year extension options at the City’s sole discretion.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on May 2, 2023, Black and White Emergency Vehicles, LLC is registered in the State of California.

STAFF ANALYSIS:

The contract with Black and White Emergency Vehicles, LLC is an on- call, as needed type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and may therefore not match the bid amounts.

Item 1J - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Award Emergency Vehicle Upfitting Contract Services Agreement

An Invitation for Bids (IFB 23-27) was initiated by the City’s Procurement and Contracting Department on April 6, 2023, based on Maintenance and Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Three bids were received by the May 2, 2023, deadline as follows:

Vendor Bid
Black and White Emergency Vehicles, LLC $45,292.84
West Coast Lights and Sirens $50,403.23
Airwave Communications Enterprises Inc. $54,065.13

The contract is for three years with two optional one-year renewals and the unit pricing is fixed for the initial one -year term and subject to a CPI increase in the following years.

Staff recommends approval of Contract Services Agreement 23B104 with Black and White Emergency Vehicles, LLC, for a three- year term in the amount not to exceed $1,950,000 effective June 1, 2023 through May 31, 2026, with two one- year extension options at the City’s sole discretion.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2 A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2022-23 in account 5106560- 60020.

Item 1J - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Award Emergency Vehicle Upfitting Contract Services Agreement

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 23B104
B. Public Integrity Disclosure

Item 1J - Page 3

ATTACHMENT A

Item 1J - Page 4

Revised 4.13.23 Page 1 of 27

CONTRACT SERVICES AGREEMENT 23B104

EMERGENCY VEHICLE UPFITTING SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on June 1, 2023, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and BLACK AND WHITE EMERGENCY VEHICLES, LLC , a California Limited Liability Company , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide on- call emergency vehicle upfitting services, (“Project”).

B. Contractor has submitted to City a proposal to provide on-call emergency vehicle upfitting services, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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Revised 4.13.23 Page 2 of 27

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,950,000.00.

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

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

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

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

Item 1J - Page 6

Revised 4.13.23 Page 3 of 27

4. PERFORMANCE SCHEDULE

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years , commencing on issuance of Notice to Proceed , unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

Item 1J - Page 7

Revised 4.13.23 Page 4 of 27

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

5. COORDINATION OF WORK

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

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

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

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

Item 1J - Page 8

Revised 4.13.23 Page 5 of 27

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

N ame: Title:

John Patino President

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

Revised 4.13.23 Page 6 of 27

Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbi tration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies to or d eath of persons (Contractor ’s employees include d), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed b y Contractor , its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct o f the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

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

8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies Item 1J - Page 10

Revised 4.13.23 Page 7 of 27

of such documents for Contractor's own use. Contract or shall have an unrestricted right to use the concepts embodied in such documents.

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

Revised 4.13.23 Page 8 of 27

shall not preclude the exercise by it, at the sam e or d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not dis criminate 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 ethn icity), 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.

11. MISCELLANEOUS PROVISIONS
Item 1J - Page 12

Revised 4.13.23 Page 9 of 27

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

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

To Contractor: Black and White Emergency Vehicles, LLC
Attention: John Patino
590 S. Vincent Ave.

Azusa, CA 91702

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

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

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

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

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

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

Item 1J - Page 13

Revised 4.13.23 Page 10 of 27

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

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

11.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance wit h the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
Item 1J - Page 14

Revised 4.13.23 Page 11 of 27

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND BLACK AND WHITE EMERGENCY VEHICLES, LLC

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No. ______

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1J - Page 15

Revised 4.13.23 Page 12 of 27

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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Revised 4.13.23 Page 13 of 27

1.1 Scope:

A. Contractor shall furnish all necessary supervision, labor, tools, parts, equipment, and location required to perform emer gency vehicle upfitting services (Work) on as as- needed basis for all City emergency response vehicles and fleet vehicles.

B. Contractor is required to supply and install all the necessary equipment and hardware to complete the installation of the upfitting equipment.

C. Contractor shall review with the Fleet Manager the equipment and decal packages for each lot of vehicles a t the time of drop-off prior to upfitting. There may be a need to install/replace radios, antennas, light bars, etc. on other city public safety vehicles (i.e., Animal Control, General Services/Public Works, Fire Rescue, etc.) and other general fleet vehicles. This work will be completed under the fixed hourly shop rate.

D. Location of Work: When work is performed at the Contractor's site, the vehicles shall be stored in a secure area at the Contractor 's site with precautions taken to protect the vehicles from vandalism, theft, or damage.

E. Delivery Process : For work that must be done at the Contractor ’s site, the fleet manager will schedule and deliver vehicles for services when possible; however, if a staff member cannot take the vehicle to the vendor site, or a vehicle cannot be driven because of needed repair, the vendor may be required to pick up the vehicle. If the vehicle is inoperable, a tow truck or other conveyance vehicle will be utilized at the City's expense.

F. Acceptance of Completed Work : The City will determine if the service work that is done is acceptable. If the work does not meet their requirements, Contractor must take whatever remedial act ion is necessary to meet the requirements. All remedial work shall be done at Contractor's expense.

1.2 W
arranties :

Products and services furnished to City shall be covered by the most favorable commercial warranties the supplier or manufacturer gives to any c ustomer for the same or substantially similar products, and the rights and remedies so provided are in addition to, and do not limit, any rights afforded to City by any other article in the agreement and any subsequent agreement. Such warranties shall be e ffective upon acceptance of the products and services by the City Fleet Representative(s).

Specifically,
a. All parts, equipment, and other materials and workmanship furnished by the Contractor shall include the manufacturer's warranty for replacement. b. Contractor agrees to guarantee all work performed.
c. Contractor further agrees to replace all components which fail or do not perform according to the manufacturer's specifications during the warranty period. d. Contractor agrees to redo all work which fails or causes a failure or does not perform according to the City's specifications during the warranty period, a t no cost to the City.

1.3 Adjustment of Services:

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

Item 1J - Page 17

Revised 4.13.23 Page 14 of 27

1.4 Pricing:

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

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

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

1.5 Payment:

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

1.6 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in t he contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the li ne items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed b y a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected] .

Item 1J - Page 18

Revised 4.13.23 Page 15 of 27

Item 1J - Page 19
ATTACHMENT F - REVISED PER ADDENDUM NO.1

BID FORM
INVITATION FOR BIDS (IFB 23-27)

VEHICL E UPFITTING ,SERVICES
Responding to this IFB for on-call vehicle upfitting servioes, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cos! amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

BID GROUP 1 • POLICE INTERCEPTOR UTILITY
{2021-.2023 FORD EXPLORER)
I ira PART• DESC~N UNIT EST. UNIT SUBTOTAL ALlEINATE
QTY. PRICE
-52" Covert Ughtbar Palm Fed Sig Allegian
1 16-32878-CM Springs or approved EA 1 1398.75 1398.75
alternate
Fed Sig
23 Siren w/Serlal Interface 1061.2 5 1061.25 Pathfinder 17 2 Z3SXP·1 PBCH w/Q.anshee or EA 1 405.00 405 .00 Button and approved alternate Rumbler/Rumble
Bkt
Code3 Slim Speaker Fed Sig ES100C
3 C3900U w/Universal U Bracket or EA 2 0.00 0.00 Speaker and annroved alternate ESS-U Bracket
Docking Station for Dell
4 OS,OEll •412•3 Latitude Rvgged 14" & 12• EA 1 1052 .77 1052.77 with LPS 137 and Triple Pass· Through Antenna
Z3S 080 Module & Harnes Fed Sig OBD
5 Z3S-OBO.PIUEXP for PIU, EXPN or approved EA 1 111.25 111.25 Cable alternate
Matrix Switch Node or Fed S ig
6 SWITCH NOOE approved illternilte EA 1 2 16.25 216.25 Expansion Module
7 36-2125 Westin Ford Utility Push EA 1 359.78 359.78 Bumper 2021·23 8 36-2USPB Westin Pit Bar Ford Utility EA 1 376.13 376.13 2021-23 9 36-2125WC Elite Upfight Wire Cover EA 1 32.80 32.80 Ford Utility 2021-23 Push Bumper Light Channe
10 36-60055MP2 23.S-inch 2 Hole for Code 3 EA 1 32.80 32.80 MR& lights (UTIUlY)
Code 3 MR6 Multi Color Fed Sig
11 MR6MC•BW LEO Blue/White or EA 1 121.25 121.25 MlcroPulse approved alternate RBW
12 MR6MC-RW Code 3 MR6 Multi Color EA 1 121.25 121.25 Feds;,,

Revised 4.13.23 Page 16 of 27

Item 1J - Page 20
Red/White or approved MicroPulse
alternate RBW
Code 3 MR6 Multi Color Fed Sig
13 MR6MC·RB Red/Blue or approved EA 2 121.25 242.50 MicroPulse alternate RBW
Code 3 400 S..rie, Fed Sig
Compartment Light 11.8" Commander
14 CW0411-WR Red/White with Touch EA 1 52.50 52.50 Comparment Switch or approved light
alternate
15 CC·20UV•V10 Ford PIU Console with cup EA 1 375.70 375.70 holders and armrest Console Slide Mount
16 CM·SDMT·SL,LED w/5ll de Arm for Docking EA 1 382.85 382.85 Station
17 RNG·INVT•700 ?00W 12V Pure Sine Wave EA 1 159.36 159.36 lnvener Gun Rack - Dual Weapon,
18 475-0849 Partition Mounted, Vertica EA I 684 .35 684.35 IGR3·AR•870-XTRO,GL3XL)
Goldwood Sound 100-Wa"
19 GM-65/8 Sohm Sealed 5.25" Speake EA 2 25.80 51.60
Midrange Blad {GM-65/8)
Front Partition Recessed
20 TP•E·Sl3-US·SS Back Panel, 50% Poly so" EA I 689.00 689.00 Mesh
2020 Pl Utility 3pc. Kick
21 KP-UV20·DAP·SS Panel w/ Foot Pockets Use EA 1 148.85 148.85 with Bio Bov Mount
22 SAS-20-FOUV-88 2020+ Pl Utility Big-Boy EA 1 0.00 0.00 Partition Mountin11: Kit 23 PS-20,FDUV-PAN 2020 + Pl Utility Plastic FA 1 W900 29900 t-toor Pan with v-ora1n 2020+ PIU Utility
24 WG-20-FOUV•SET Driver/Passenger side EA 1 222.95 222.95 window guards, welded bars, vertical deslgti
Plastic Seat with OS Belts,
Rear Partition
25 PS-20·UVFX•OS-RI Potycarbonate Window, EA 1 1560.0( 1560.00 with Fire Extinguisher
Comnartment
26 AC-20-UV-HATCH 2020+PI Utility Hatch EA 1 112.45 112.45 Window Screen 2020+ Pl Utility cargo
27 CP·20UV,LACS Storage System EA I 1560.0( 1560.00
w/Electronics SJidin2 Tray
28 CP·G8402812•Tl 40"x28 .. x12" Gun Box EA 1 1194.0: 1194.05 29 WIRE&TERMINAL Wife, Terminals, lie-Wrap: EA I 260.00 260.00 & Hardware 30 MMSU·l Maenetic Mic Sinide Unit EA 1 31.20 31.20
31 4RE-WRL·KIT·101 WatchGuard Video Svstem EA 1 425.00 425.00 32 BIKERACK Bike Rack for Front Bumpe EA 1 235.00 235.00 Removable

Revised 4.13.23 Page 17 of 27

Item 1J - Page 21
33 HKN6188 Control Head/Ignition EA l 44.85 44.85 Sense Power cable 34 HKN61698 Motorola XTL 5000 RemotE EA l 82.81 82.81 Mount Cable 17 ft 35 II/FRffi202-2 Conn, TNC Male Crimp for EA 3 3.26 9.73 RGS8, LMR19S, Cbl Grp C 36 RFN1027 N•Female Connector Crim,, EA 1 4.45 5.50
37 M88U 3/4" Hole NMO Antenna EA 1 16.27 19.41 CoaxRGS8U 38 QW800 Laird 1/4 Wave Antenna EA 1 6 .59 6 .59 800-896 39 22174 Mini UHF Male Crlmp-RGS EA 1 2.25 2.25
40 WindowTint All Window tint EA 1 275,00 275.00
Installation of all
Emergency Equipment
noted above into Police
41 LABOR Vehicle Including city EA 1 3400.0C 3400.00 supplied-Two-Way Radio, Laptop, WatchGuard Video
Sy$\:em and 2 hidden sun
lock ON:>n switches.

TOTAL 17817.64

Revised 4.13.23 Page 18 of 27

Item 1J - Page 22
BID GROUP 2 - 2021-2023 FORD EXPLORER XLT DETECllVE UNI 1 ITEII PARTlJ DESCRIPTION UNIT EST. UNIT isUBTOTAl ~-11! QTY. PRICE ~
Headliner Bracket for MR6 Fed Sig
1 HOLNBKT-PIU20 2020+ VISOR or approved EA 1 41.25 41.25 MicroPulse alternate Mount Kit
Code3 MR6 flush Mount LED Fed Sig
2 MR6·R Red VISOR or approved EA 1 92.SO 92.50 MlcroPulse alternate Red
Code3 MR6 Flush Mount LEO Fed Sid
3 MR6•B Blue VISOR or approved EA 1 106.25 106.25 MicroPulse alternate Red/Blue
Fed Sig
Code3 Slim Speaker l 225.00 225.00 ESlOOC
4 C3900U w/Universal U Bracht or EA Speaker
approved alternate 1 28.75 28.75 and ESB-U
Bradcet
WIidcat Hlde•a•Blast W600 Fed Sig
s W6BR Vertlcal Flange Mount, 9ft EA 4 63.75 255.00 Corner LEO Blue/Red CORNER UGHTS or 11.25 11.25 Red/Blue
approved attemate and moont
Code 3 Mega Thin LED Multi• Fed Sig
6 ULTMC·RB Color Red/Blue TAILGATE or EA 2 106.25 212.50 MicroPulse approved alternate Red/Blue
Code 3 MR6 Multi Color Fed Sig
Red/Blue MicroPulse
7 MR6MC,RB (GRIU/MIRROR/REAR SIDE EA 6 106.25 637.SO Red/Blue W INDOWS) or approved
alternate
f ront Upper SJde Mirror Fed Sig
Mounting 8facket COde3 Mirror
8 FSM·BKT-PIU20 MR6, M180,XTP,Megathin EA 1 23.75 23.75 Brackets 2020 Fofd PIU or approved
alternate
3 Position Rotary Switch with
9 ROTARY switdl Knob, 3 40a Relays, & Hom EA 1 165.00 165.00 Ring Relay
10 C-4014 Storm Siren Rev. 2 with PA EA 1 193.34 193.34 11 6001-30018 New Top Hat Timers EA 1 140.92 140.92
12 MRCB-100 100A Resem1ble Breaker EA 1 23.79 23.79 4703-100B Screw Terminal Fuse Block 6
13 8025B Circuit W/Cover and Negative EA 1 27.79 27.79
Bus and Blown Fuse Indicator
14 WIRE&TERMINAl! Wire, Terminals, Tie-Wraps, . EA 1 125.00 125.00 Hardware 15 MMSU·l Magnetic Mic Single Unit EA 1 31.20 31.20
16 QW800 Laird 1/4 Wave Antenna 80().

EA 1 6.59 6.59 896
17 22174 Mini UHF Male Ctlmo,RG58 EA 1 2.25 2.25
Goldwood Sound 100-Wan
18 GM-65/8 8ohm Seated s.2s· speaker EA 1 25.80 25.80
Midrange Stack (GM-6S/8)
19 TP·20·FOUV°FX 2020+ Pl Utility R .. r EA l 469.95 469:95 Partition, Square Hole, Driver

Revised 4.13.23 Page 19 of 27

Item 1J - Page 23
Side fire E)(tlngulsher
Comrurtment
20 AC-20-UV-HATCH 2020+ Pl Utility Hatch EA 1 112.45 112.45 Window Screen 21 CP-20-XPLR-FLR Replacement Floor for Ford EA 1 498.5S 498.55 Exolorer 22 58•UV20-BKT Mounting Brackets for ECO EA 1 183.30 183.30 SB-20- Box XPLR-BKT
42" Wx 20" lx 13• H
Aluminum Eco Box W/Foam
23 5B-EC0422013·T Inside Drawer, No Dividers & EA 1 756.60 756.60 Full Slack Powder Coat on Outside. (Single Drawer
Aluminum Box)
Universal Fire E)Ctinguisher
24 LPl·C5 Spring Clip Vehicle Bracket fo EA 1 23.2.5• 23.25 Sib Exting1,1ishers
25 Window Tint All windows tint EA 1 275.00 275.00
Installation of all Emergency
26 lABOR Equipment noted above EA 1 2400.00 2400.00 including city supplied Twi> Wav Radio.

TOTA 7094.53

Revised 4.13.23 Page 20 of 27

Item 1J - Page 24
BID GROUP 3 • K9 OUTFITTING POLICE INTERCEPTOR UTILITY
(2021-2023 FORD EXPLORER)
ITEII PARTt DESCRIPTION UNIT EST. UNIT SUBTOTAL ALTERNATE QTY. PRICE PRODUCT
52" Covert Ughtbar Palm Fed Sig Allegiant
1 16-32878-CM Springs or approved EA 1 1398.75 1398.75
alternate
Fed Sig
Z3 Siren w/Serlal Interface 1061.25 1061.25 Pathfinder 17 2 23SXP·l P8CH w/ Banshee or EA l 40S.OO 405.00 Button and approved alternate Rumbler/Rumble
8kt
Code3 sum Speaker Fed Sig ESl OOC
3 C3900U w/ Unlversal u Bracket or EA 2 0 .00 0.00 .Spf';:1kpr ~ntl F.SR approved alterna t e u Bracket
23S OBD Module & Harness Fed SigOBD
4 Z3S-OBD·PIUEXP for PIU, EXPN or approved EA l 111.2S 111.25 Cable alternate
5 SWITCH NODE Matrix Switch Node or EA 1 216.25 216.25 Fed Sig Expansio, apol'oved alternate Module
6 36-2125 Westin ford Utility Push EA l 359.78 359.78 Bumoer 2021-23 7 36·2125PB We$tin Pit Bar Ford Utility EA l 376.13 376.13 2020-23 8 36·212SWC Elite Upright Wire Cover EA l 32.80 32.80 Ford Utilitv 2020-23 Push Bumper tight Channel
g 36-E005SMP2 23.S..nch 2 Hole for Code 3 EA 1 32.80 32.80 M R6 ll•hts (UTllnY )
Code 3 MR6 Multi Color LEI Fed Sig
10 MR6MC-BW Blue/White or approved EA l 121.25 121.25 MlcroPulse alternate RBW
Code 3 MR6 Multi Color Fed Sig
II MR6MC·RW Red/White or approved EA 1 121.25 121.25 MicroPutse alternate RBW
Code 3 MR6 Multi Color Fed Sig
12 MR6MC-RB Red/Slue or approved EA 2 121.25 242.50 MicroPutse alternate RBW
Code 3 400 Serles Fed Sig
Compartment light 11.s• Commander
13 CW04ll •WR Red/White with Touc:h EA 1 S2.50 52.50 Comparment Switch or approved light
alternate
14 CC·20UV-V10 Ford PIU Console with cup EA l 375.70 37S.70 holders and armrest IS CM-SDMT·Sl·LED Console Slide Mount w/Slid EA 1 382.85 382.SS Arm for Docking Station 16 RNG-INVT-700 700W 12V Pure Sine Wave EA n 1S9.36 159.36 Inverter Rifle Rack with 80/20 Rall,
17 BWARBARREL• SC-18 Lock, SC-7009A, EA 1 325.00 325.00 RACK Momentary Switch, and Steel Butt Plate
18 GM-6S/8 Goldwood Sound 100-Watt EA 1 25.80 25.80

Revised 4.13.23 Page 21 of 27

Item 1J - Page 25
Sohm Sealed S.25" Speaker
Midran,e Black(GM-65/8)
19 CK23931TUl0-10 Setina K-9 Full Containment EA l 2592.64 2592.64 Insert, 20-21 Utility 20 EK06911TU12 Premier Canine System EA l 2151.75 2151.?5 W/eallout 12-21 Utlllty 21 EK0689tTU12 Maxi Thin Fan 10 Inch EA l 370.88 370.88 W/fan Cover 22 Tl(084UTUlO 2020 Interceptor Utility EA l 1641.69 1641.69 t.ar20 Box (Slidin2 Drawerl 23 TPA156S1 Cargo Radio Tray 20·21 EA l 337.14 337.14 Interceptor For Full K9 lnser 24 AC-20-UV-~ATCH 2020 Pl Utility Hatch EA l 112.45 112.45 Window Screen 27 Circuits W/ Modular
25 Ch27.l. 20/l3 Smart SU1rt Timer and l3 EA l 650.00 650.00 bracket for Ford Utility with 20ft lone Outnut Wires.
26 WIRE&TERMINAL Wire, Terminals, Tie-Wraps, EA l 260.00 260.00 & Hardware 27 MMSU-1 Ma1metk Mic Sine 1e Unit EA l 31.20 31.20
1R RIKFRArK Bike Rack for Front Bumper EA • l3S.OO 235.00 Removable 29 EK06901TU12 Pager System for Premier EA I 54).78 543.78 12•21 Utility 30 4RE•WRL-KIT-101 WatchGuard Video System EA E 425.00 425.00 Docking Station for Dell
31 OS-DEU-41!-3 LaUtude Rugged 14" & 12" EA i 1052.77 1052.77 with LPS 137 and lliple Pass-Throueh Antenna
32 Window Tirt All Windows Tinted EA l 275.00 275.00
Installation of all Emergenc~
Equipment noted abovl! int<
Police Vehicle including city
33 LABOR provided Two-Way Radio,
Laptop and mount, EA l 3600.00 3600.00
WatchGuard Video System,
and 2 hidden gun lock open
switches.

TOTA 20079.52

Revised 4.13.23 Page 22 of 27

Item 1J - Page 26
BID GROUP 4 - ADHOC SERVICES
ITEII PART# DESCRIPTION UNIT QTY ~r., SUBTOTAL
1 Mechanical Labor HR 1 100.00 100.00
2 Electrical Labor HR 1 100.00 100.00
3 Fabrication Labor HR 1 100.00 100.00
Parts and Materia ls% mark•up
(Enter the percent in the unit price
4 column as a decimal figure: % 1.30
Example, for a 5% markup, enter

1.05)
TOTAL
•Please note: This bid form is to determine the lowest bidder and will be used to establish the contract unft prices. The contract value will be set at the City budget amount.

Certified by: _ ______ ______ _______ ___ _
Finn Name: Black and White Emergency Veh ilces. LLC
,,,- ~~:==> Signature of Authorized Persounn!;_:: ---,.-~..;:;:::::::~-~~===-========~ z Printed Name: John Patino
Title: Pr sident
Date: 0 5/02/2023

Revised 4.13.23 Page 23 of 27

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1J - Page 27

Revised 4.13.23 Page 24 of 27

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries agains t persons or damages to propert y resulting from Contra ctor’s performance under this Agreement.

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

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primar y with res pect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compens ation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1J - Page 28

Revised 4.13.23 Page 25 of 27

contribution it may have again st City, its elected officials, offic ers, employees, agents, and volunteers.

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

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

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

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

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

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

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

Item 1J - Page 29

Revised 4.13.23 Page 26 of 27

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

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

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

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

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

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

Item 1J - Page 30

Revised 4.13.23 Page 27 of 27

EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1J - Page 31

ATTACHMENT B
Item 1J - Page 32
Item 1J - Page 33

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Black and White Emergency Vehicles , LLC
Address of Entity (Principal Place of Business)
590 S. Vincent Ave Azusa , CA 91702
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California , is the Entity also registered in California? D Yes D No Type of Entity
D Corporation x Limited Liability Company D Partnership D Trust D Other (please specify)

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

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

John Patino 100% Black and White Emergency
Vehicles LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I
B. I
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

I
[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]
I
E.

I
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date 05/02/2023

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE AGREEMENT NO. 23B101 WITH CHECKMATE TELEPHONE
EXCHANGE, INC. DBA MAXIMUM SECURITY ALARM SYSTEMS FOR ALARM

MONITORING AND MAINTENANCE SERVICES
RECOMMENDATION:

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

Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DAT
E: MAY 25, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B101 WITH CHECKMATE TELEPHONE EXCHANGE, INC. DBA MAXIMUM SECURITY ALARM SYSTEMS FOR

ALARM MONITORING AND MAINTENANCE SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

Thi
s action will approve a three-year agreement with two one-year extension options with Maximum Security Alarm Systems for alarm monitoring and maintenance services in an amount not to exceed $223,428.

RECOMMENDATION:

1. Appr
ove Contract Services Agreement No. 23B101 ( Attachment A ) with Maximum Security Alarm Systems to provide alarm monitoring and maintenance services for an amount not to exceed $223,428 beginning July 1, 2023 through June 30, 2026, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

Ac
cording to the Public Integrity Disclosure form ( Attachment B) submitted on April 27, 2023, Checkmate Telephone Exchange, Inc. DBA Maximum Security Alarm Systems is registered in the State of California.

STAFF ANALYSIS:

The c
ontract with Maximum Security Alarm Systems is a maintenance contract with on- call, as needed services. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and may fluctuate from year to year.

Item 1K - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Award Alarm Monitoring & Maintenance Contract Services Agreement

An Invitation for Bids (IFB 23-26) was initiated by the City’s Procurement and Contracting Department on April 6, 2023, based on Maintenance and Fac ilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In additions, the IFB was advertised in The Desert Sun. Three bids were received by the April 27, 2023, deadline as follows:

Vendor Bid
Checkmate Telephone Exchange, Inc. dba Maximum Security Alarm Systems $223,428
Time & Alarm Systems $312,973
West Coast Fire & Integration $316,758

The contract is for three years with two optional one-year renewals and the unit pricing is fixed for the initial three- year term and subject to a CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 23B101 with Maximum Security Alarm Systems for a three -year term in the amount not to exceed $223,428 effective July 1, 2023 through June 30, 2026, with two one-year extension options 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 environme nt, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2 A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds are budgeted in Fiscal Year 2023-24 in accounts 1005000-40105, 1252025-70000, 4157050-40105, 4157060-40105, and 5206570-40105.

Item 1K - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Award Alarm Monitoring & Maintenance Contract Services Agreement

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 23B101
B. Public Integrity Disclosure

Item 1K - Page 3

ATTACHMENT A

Item 1K - Page 4

Revised 4.13.23 Page 1 of 29

CONTRACT SERVICES AGREEMENT 23B101

ALARM MONITORING AND MAINTENANCE SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 1, 2023, by and between the City of Palm Springs , a California charter city and municipal c orporation (“City”), and CHECKMATE TELEPHONE EXCHANGE, INCORPORATED DBA MAXIMUM SECURITY ALARM SYSTEMS , a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firms to provide the City with fire and security alarm monitoring, testing, maintenance, and repair services for various City owned facilities, (“Project”).

B. Contractor has submitted to City a proposal to provide fire and security alarm monitoring, testing, maintenance, and repair services, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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Revised 4.13.23 Page 2 of 29

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $223,428.00.

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

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

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

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

Item 1K - Page 6

Revised 4.13.23 Page 3 of 29

4. PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of th ree years , commencing on issuance of Notice to Proceed , unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon writ ten notice to the Contractor, for two (2) additional one (1) year terms.

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

Item 1K - Page 7

Revised 4.13.23 Page 4 of 29

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

5. COORDINATION OF WORK

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

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

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

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

Item 1K - Page 8

Revised 4.13.23 Page 5 of 29

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

N ame: Title:

Steve Kaufer President

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

Revised 4.13.23 Page 6 of 29

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

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

8. RECORDS AND REPORTS

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

8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contr actor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies Item 1K - Page 10

Revised 4.13.23 Page 7 of 29

of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

Revised 4.13.23 Page 8 of 29

shall not preclude the exercise by it, at the sam e or d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Disc rimination. In connection with its performance under this Agreement, Contractor shall not dis criminate 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 ethn icity), 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 ce rtifies 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; r ecruitment 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.

11. MISCELLANEOUS PROVISIONS
Item 1K - Page 12

Revised 4.13.23 Page 9 of 29

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

To Contractor: Checkmate Telephone Exchange, Inc. dba
Maximum Security Alarm Systems
Attention: Steve Kaufer
3700 Tachevah Dr., Suite 120
Palm Springs, CA 92262

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

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

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

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

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

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

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Revised 4.13.23 Page 10 of 29

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

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

11.10 Compliance with Economic Sanctions in R esponse to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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Revised 4.13.23 Page 11 of 29

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND CHECKMATE TELEPHONE EXCHANGE, INCORPORATED DBA

MAXIMUM SECURITY ALARM SYSTEMS

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ___________ Item No. _______

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1.1 Scope:

A. The Contractor shall provide all labor, supervision, equipment and materials necessary for monitoring, testing, maintain and repairing City-owned fire and security alarm systems that are monitored via phone line, internet, wireless or the AES Radio Network.

B. Station monitoring:
a. The Contractor will prepare their system for station monitoring and the ability to connect with the AES Radio Network. This will include any needed equipment (i.e.: Radio Frequency Transponders) so the systems can be monitored by the Contractor. The AES Radio devices are the property of the City; however, the Frequencies are a mixture of non -proprietary and proprietary to the contractor.

The City will compensate the contractor for the cost of reprogramming any device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at the sole discretion of the Contract Administrator. The Contractor shall begin monitoring of all specified systems at the start of the contract. b. Contractor shall immediately call Palm Springs police dispatch at 760-327-1441 when any alarm, either fire or security, is activated. Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated, fire or security, so that our public safety units respond appropriately.

False alarms that are verified by the contractor are not to be reported to police dispatch.

C. Safety: Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all acceptable standards for safe practices during the maintenance operation to safely maintain stored equipment, machines and materials or other hazards conseq uential or related to the work; and agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements, including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire Alarm Code, O.S.H.A and CAL O.S.H.A. Safety Orders at all times as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards in his area of responsibility at said facilities and keep a log indicating date inspected and action taken.

D. Location of City- Owned or Operated Security and Fire Detection Alarm Monitoring Systems to be Monitored, Tested and Maintained:

LOCATION ADDRESS SERVICE 1 SERVICE
2 SYSTEM TYPES
AIRPORT – USO 210 N. EL

CIELO ROAD

BURG FIRE ADEMCO VISTA -
10SC-SE
AIRPORT –

CUSTOMS
3400 E

TAHQUITZ

CANYON WAY

FIRE ADEMCO VISTA -
10SC-SE
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Revised 4.13.23 Page 14 of 29

ANGEL STADIUM 1901 BARISTO
ROAD

BURG ADEMCO VISTA-
10SC-SE
ANIMAL

SHELTER
4575 E.

MESQUITE
AVE.

BURG FIRE HONEYWELL
GAMEWELL 17000

BARISTO

PARKING

STRUCTURE
275 S. INDIAN
CANYON DR.

FIRE

BELARDO
(DOWNTOWN)
GARAGE
101 N

BELARDO
ROAD
FIRE BOSH AES 129560

BOXING CLUB
(COOLING

CENTER)
225 S. EL

CIELO ROAD

BURG HONEYWELL
ALPHA- 6160 RF
CITY HALL 3200 E.

TAHQUITZ

CANYON WAY

FIRE HONEWELL
5820XL/122670D

CITY HALL -
PANICS
3200 E.

TAHQUITZ

CANYON WAY

PANIC WIFI DIRECTLY

TO MAXIMUM
CITY YARD 425 N. CIVIC
DR.

FIRE BURG NOTIFIER 4800

CITY YARD-
PANICS
425 N. CIVIC
DR.

PANIC WIFI DIRECTLY

TO MAXIMUM
CITY YARD –
FLEET

OPERATIONS
459 N. CIVIC
DR.

BURG RADIONICS 8112
CITY YARD –
FLEET
OPERATIONS –
PANICS
459 N. CIVIC
DR.

PANIC WIFI DIRECTLY

TO MAXIMUM

CO GENERATION
MUNI
205 N. EL

CIELO ROAD

FIRE HONEYWELL
5820XL/EVS

CO GENERATION

SUNRISE
403 S.

PAVILLION
WAY

FIRE HONEYWELL
5820XL/EVS

CONVENTION
CENTER
277 N.

AVENIDA

CABALLEROS

FIRE WIFI DIRECTLY

TO MAXIMUM
Item 1K - Page 18

Revised 4.13.23 Page 15 of 29

DEMUTH

COMMUNITY
CENTER
3601 E.

MESQUITE
AVE.

BURG FIRE SILENT KNIGHT
5104B
DEMUTH

COMMUNITY
CENTER –
PANICS
3601 E.

MESQUITE
AVE.

PANIC WIFI DIRECTLY

TO MAXIMUM
DEMUTH FIELD 1 4375

MESQUITE
AVE.

BURG NOTIFIER PC 1832

DEMUTH FIELD
7&8 CONCESSION
4375

MESQUITE
AVE.

BURG /

SECURITY
MAX
FIRE NOTIFIER PC 1832

DESERT ART
CENTER
550 N. PALM
CANYON DR.

FIRE
DESERT

HIGHLAND CTR
480

TRAMVIEW
RD.

FIRE 5104B
DESERT

HIGHLAND CTR
GYM
480

TRAMVIEW
RD.

BURG FIRE HONEYWELL
FIRE-LITE M S –
5UD
DESERT

HIGHLAND
CENTER

LIBRARY
480

TRAMVIEW
RD.

BURG FIRE HONEYWELL
FIRE-LITE MS –
5UD
DESERT
HIGHLAND –
PANICS
480

TRAMVIEW
RD.

PANIC WIFI DIRECTLY

TO MAXIMUM
EDOM HILL 70-7500
VARNER RD.

BURG FIRE HONEYWELL-

ADEMCO VISTA
32FB/AES
FIRE STATION #4 1300 S.

LAVERNE
WAY
BURG NEW ADD – TO BE

INSTALLED
FIRE TRAINING 3000 E. ALEJO
RD.

BURG ADEMCO VISTA
20P

HOUSEHOLD

HAZARDOUS
WASTE
1100 VELLA
ROAD

FIRE HONEYWELL
VISTA 20P
LEISURE CENTER 401 S. BURG FIRE HONEYWELL /
Item 1K - Page 19

Revised 4.13.23 Page 16 of 29

PAVILLION
WAY

SILENT KNIGHT /
SK208/6150
LEISURE CENTER 401 S.

PAVILLION
WAY

PANIC WIFI DIRECTLY
TO “PROVIDER”
PAVILLION 401 S.

PAVILLION
WAY

FIRE SILENT KNIGHT
5808
MAIN LIBRARY 300 S. SUNRISE
WAY

BURG FIRE

MAIN LIBRARY
CENTER
300 S. SUNRISE
WAY

FIRE BURG HONEYWELL /

SILENT KNI GHT /
SK208 / 6150

PALM CANYON

THEATER
538 N. PALM
CANYON DR.

FIRE BURG ADEMCO VISTA
32FB
PLAZA THEATER 128 S. PALM
CANYON DR.

BURG FIRE PYROTONICS /
VIGLANT CP-400
POLICE

DEPARTMENT
200 S. CIVIC
DRIVE
FIRE NOTIFIER 4800 /
FLQUENCH –
HALON 1301 /

AUTO PULSE
HALON 542R

POLICE SPIDER
SHACK
200 S. CIVIC
DRIVE

FIRE SILENT KNIGHT
5700
POLICE

SUBSTATION
105 S. INDIAN
CANYON
BURG FIRE ADEMCO 54110

SUNRISE PLAZA

SWIM CTR
401 S.

PAVILLION
WAY
BURG ADEMCO 4110

TAQUITZ CREEK

MAINTENANCE
1885 GOLF

CLUB DRIVE

BURG ADEMCO VISTA -
20P

TAQUITZ CREEK

PRO SHOP/CART
1885 GOLF

CLUB DRIVE

BURG ADEMCO VISTA -
20P

TAQUITZ GOLF

CLUBHOUSE
1885 GOLF

CLUB DRIVE

FIRE BURG HONEYWELL W /
AES VISTA 32FUS

TRADITIONS

RESTAURANT
1885 GOLF

CLUB DRIVE
BURG

VILLAGE GREEN
– CORNELIA
223 S. PALM
CANYON DR.

FIRE &

SPRINKLERS
BURG
Item 1K - Page 20

Revised 4.13.23 Page 17 of 29

WHITE HOUSE

VILLAGE GREEN
– MCCALLUM

ADOBE MUSEUM
221 S. PALM
CANYON DR.

FIRE &

SPRINKLERS
BURG HONEYWELL V15P

VILLAGE GREEN
– AGUA

CALIENTE
MUSEUM
219 S. PALM
CANYON DR.

FIRE &

SPRINKLERS

BURG HONEYWELL
V30PSE

VILLAGE GREEN
– RUDDY’S

GENERAL STORE
221 S. PALM
CANYON DR.

FIRE &

SPRINKLERS

BURG RADIONICS

OMEGALARM
D6112

VISITORS
CENTER
2901 N. PALM
CANYON DR.

BURG ADEMCO VISTA –
10SE

WELWOOD
MURRAY

MEMORIAL

LIBRARY
100 S. PALM
CANYON DR.

BURG FIRE ADEMCO 4110DL

WELWOOD
MURRAY

MEMORIAL
LIBRARY –
PANICS
100 S. PALM
CANYON DR.

PANIC WIFI DIRECTLY
TO “PROVIDER”

E. The Contractor must possess the following current and valid licenses and registrations:
a. Alarm Company Operator’s License from the Bureau of Security and Investigative Services (BSIS);
b. Alarm Company Managers License for the contractor's manager; registrations for employees performing on-site services as Registered Alarm Agents with BSIS; c. Fire Alarm Technician Certification (Blue Card) for at least one employee; d. C-10 Electrical Contractor's License
Licenses must be maintained during the entire term of the agreement and contractor shall perform all services in compliance with any and all applicable laws, codes, and regulations, including NFPA 72.

F. All system repair servi ces must be approved by the City's Contract Administrator in writing in advance of the work being performed. Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contra ct Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract Administrator or his designee shall be allowed to inspect all parts of the work and Item 1K - Page 21

Revised 4.13.23 Page 18 of 29

shall be furnished with such information and ass istance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written approval to make repairs or allow inspections by the City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized repairs.

G. Employees of Contractor: Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs without cause, and without regard to the basis upon which such decision shall be made.

H. Non-Interference: Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the latest possible obstruction in inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed.

I. Building Security: It shall be the responsibility of the Contractor to assure that all his supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment and property.

J. Scheduling of System Testing: The Contractor shall provide a schedule to the Contract Administrator for locations to be tested and gain access to City facilities.

Regular testing must be scheduled in advance and performed between the hours of 7:00 A.M. and 3:00 P.M., Monday through Friday. Any alternate hours or days must be approved in advance, in writing, by the Contract Administrator. Contractor must notify City staff 48 hour in advanced of any scheduled testing.

K. Testing:
a. All Fire and Security systems shall be tested annually pursuant to NFPA -72 regulations. The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying that the required tests were performed, with his/her monthly statement. The Contractor may, with the City's approval, stagger the testing of systems so all systems are not being tested at the same time. The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm Test Log. Te sting includes Communication and all devices, including, but not limited to Strobes, Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures are to be followed. b. Note that the semi- annual testing of Fire Sprinkler and Chemical systems as per NFPA-72 requirements is NOT part of the scope of work of this contract and these tests will be performed by others. For any system where a proprietary manufacturer requires their assistance and cooperation with the Contractor for the testing of their equipment, the City shall pay the proprietary manufacturer directly for their services.

L. Station Monitoring: The Contractor shall begin monitoring of all specified systems at the start of the Agreement. Contrac tor shall immediately call Palm Springs police dispatch at 760 -327-1441 when any alarm, either fire or security, is activated.

Item 1K - Page 22

Revised 4.13.23 Page 19 of 29

Contractor must identify to the police dispatch which facility/location and the type of alarm that has been activated, fire or security, so that our public safety units respond appropriately. False alarms that are verified by the contractor are not to be reported to police dispatch.

M. Maintenance: Maintenance of all systems shall be continuous. Maintenance shall include any needed parts or materials.

N. Warranty: The Contractor shall fully warrant all new materials used in the course of this Agreement installed by Contractor, including without limitation, any optional equipment purchased by the City under the terms of this Agreement, against poor and inferior quality equipment and materials for a period of not less than the period of time warranted by the manufacturer from the date of final acceptance of material/equipment by the City. Contractor shall repair or replace inoperable material/equipment in a timely manner so as to minimize the possible disruption of City operations resulting from said inoperable material/equipment. Contractor is not responsible for warranty of equipment already owned/installed in City facilities. Any newly installed equipment shall be non-proprietary.

O. Cooperation between Contractors:
a. The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications.
b. When separate agreements are let within the limits of any one proj ect, each contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors.

Contractors on the same project shall cooperate with each other as directed. c. Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her agreement and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because o f the presence and operations of other contractor working within the limits of the same project.

P. Damage:
a. The Contractor shall be held responsible for any breakage, damage, loss of City equipment or supplies through negligence of the Cont ractor or his emplo yees while working on the City's premises. No product, supplies, or equipment shall be used by the Contractor which is injurious or damaging to any surface which they are applied or exposed. The Contractor shall be responsible for restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall immediately report to the Contract Administrator any damage to the premises or furnishings resulting from services performed under this Agreement. b. Any and all work, including installations and/or repairs performed in any of the City’s Historically Classified buildings, must be proposed in writing for authorization prior to the commencement. Additionally City staff must be present for the work being performed.

Item 1K - Page 23

Revised 4.13.23 Page 20 of 29

Q. Hours of Work: Nor mal hours of work for routine maintenance work are Monday through Friday, 7:00 AM. to 3:00 P.M. Some facilities have different operation hours and Contractor will obtain written pre -approval from the Contract Administrator to perform any work at any location outside of the hours as described above.

R. Response Time:
a. Trouble & Reset" Calls shall be defined as those calls requiring investigation and reset of a malfunction within the system. The Contractor shall respond to all trouble and reset calls within on (1) hour.
b. Respond shall be defined as making direct contract with the Contract Administrator or designee, and if required by Contract Administrator or designee, Contractor shall dispatch a technician to the site.
c. Major Repairs shall be defined as repairs re quiring the replacement of system components. The Contractor shall respond to major repair calls within twenty- four (24) hours.
d. The Contractor shall supply and put in place "like" substitute equipment if and when the existing equipment cannot be repaired within twenty-four (24) hours.

1.2 Adjustment of Services:

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

1.3 Pricing:

1. The pricing included in this Contract shall be firm for the initial 3 year term.

2. The unit prices may be adjusted (decreased or increased) for optional years 4 and 5 to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

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

1.4 Payment:

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

1.5 Invoicing:

Item 1K - Page 24

Revised 4.13.23 Page 21 of 29

Contractor will submi t an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be t he contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoic es and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected] .

Item 1K - Page 25

Revised 4.13.23 Page 22 of 29

Item 1K - Page 26

ATTACHMENT F

BID FORM
INVITATIO N FOR BIDS (IFB 23-26)

ALARM MONITORING AND MAINTENANCE SERVICE
Responding to this IFB for fire and security alarm monitoring and maintenance servic es, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervisio n, and service necessary to oomplete said Work in accorda nce with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The Ctty of Palm Spri ngs will not accept any addttional charges, fees, etc. that are not already included or incorporat ed in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOT AL QUANTITY 1 A IRPORT - USO (testing & MO 36 "irl.. . "5""0 r-3114- 0~ monito,inn \ 2 A IRPORT - CUSTOMS (testing &
monitorinrr.\ MO 36 'S"l. 57) 'sl/"{. cl~
3 ANG EL STADIUM (testing & MO 36 '3-l,. -50 -,,,1<-t. c:() monitorlnn \ 4 A NIMAL SHELTER (testing &
monttonnn\ MO 36 i-c.. So >1/'1. cl)

BARISTO PARKING
~/ 8''/. ()D 5 STRUCT URE (testing & MO 36 IL/4-0l> mon itorinh' 6 BELARDO (DOWNTOWN)
GARAG E ltestino & monitorinn\ MO 36 / Lfl.j.&l> 518'{. cJiJ 7 BOXING CLUB (COOLING ~.~C oc <g-(.. ,5() 3}(C(.u.1 CENTERl ftestinn & monttori= ' I ~
8 C ITY HALL ltes tlnn & monitorinn1 MO 36 ~-'"" •Oi> ..., .... u--,. ou 9 CITY HALL-PANICS (testing &
monltorinn\ MO 36 ~'1-GD '?, / 14. oo
10 C ITV YARD f tt!Stino & monitorino l MO 36 x-, -·"" 'J II 'I . u-> 11 CITY YARD-PANICS (testing & MO 36 ~ '='· 5'<il > J ('(. I);:::, monitorina l CITY YARD · FLEET
12 OPERA TIONS (testing &
monitorin"''
MO 36 ~ll!·SU ">1{'-(. "i)
CITY YARD · FLEET
13 OPERATIO NS -PANICS (testing
& monitorinn \
MO 36 'iffo.5'0 '7,/1 I{. 8K)
14 co GENERATION MUNI (testing MO 36 'U,!J. o:: Obf-lf. c.P & monitorinn 1 15 CO GENERATION SUNRISE MO (testina & monttorinh' 36 I 7J. q. Ov 'o/ (§SIJ. OJ 16 CONVENTIO N CENTER (testing
& llllo nitorinn \ MO 36 t,C,. c)i) 24 'i v(' c5l
17 DEMUTH COMMUN ITY CENTER MO 36 I -r'f, c,v -;, I .,7, O.,_,

Revised 4.13.23 Page 23 of 29

Item 1K - Page 27
I {testina & monltori"'l l
18 DEMUTH COMMUNITY CENTER MO 36 ~-s-> '1.114-0<> - PANICS ltestinn & monltorinnl 19 DEMUTH FIELD 1 (testing & MO 36 ~c;.. sv ~ I l'f. OD monltorino I DEMUTH FIELD 7&8
36 ~G,-SO "s //'(. OD 20 CONCESSION (testing & MO
monitorl nnl
21 DESERT ART CENTER (testing & MO 36 14"1. w "ii"' I ~-W monitorinn\ 22 DESERT HIGHLAND CTR MO I {testina & monttorinnl 36 ,f-(;-~ '1,/{'(.tP 23 DESERT HIGHLAND CTR GYM MO 36 ?'~-5v 7,/('{,dJ /testinn & monitorinn I 24 DESERT HIGHLAND CENTER MO 36 U·SU ) t{<{..& LIBRARY {testing & monitorinnl 25 DESERT HIGHLAND - PANICS MO 36 '8'-c·<:P st I I(. i» ' testino & monttorinn 1 26 EDOM HILL ttestinn & monitori nal MO 36 xfo .. °'u >11-r•V' 27 FIRE STATION 114 (testing &
monttonn I MO 36 / y''f. cJ1 ,e:;;-g-C(.<fo
28 FIRE TRAJNING (testing & MO 36 I (flf.6) "}°/~'(. G» monitorlnn 1 29 HOUS EHOLD HAZARDOUS MO 36 ~G,- '$0 1 /f<f. (.)D WASTE /testina & monitorinnl 30 LEISUR E CENTER (testing & MO 36 '6(. 5L) { I I Cf. (.)'J monitorinn \ 31 LEISURE CENTER (testing &
monitorinn\ MO 36 / 4t{.<.X) 5/FMcJD
32 PAVILLION ltestinn & monitorinol MO 36 t ,..,.,, J) c_ / ,._., ,VV 33 MAIN LIBRAR Y (testi ng &
monitorinn\ MO 36 I 1.-/l(. u ;J ~/ft!. <ID
34 MAIN LIBRARY (.;t:N I t:K (testing
& monltonnn I MO 36 ?lS"V :> I l c{. C)i)
35 PALM CANYON THEATER MO 36 I 1/l/- c.P i:,'i~'I- d) (te&tina & monitorin,..' 36 PLAZA THEATE R (testing &
monitorinn\ MO 36 {dq. oD V{rl(.00
37 POLICE DEPARTMENT (testing a MO 36 I y'I(. /JD ')/81{. dJ monltorlnnl 38 POLICE SPIDER SHACK (tes ting
& monitorinnl MO 36 IC/•1 . .s> <1~.&
39 POLICE SUBSTATION (testing & MO 36 o& ·5'1 °'$1l'( ,00 monitorinal 40 SUNRISE PLAZA SWIM CTR MO 36 ?~,s-u rz,11<1. d'O /testlna & monitorinal

TAQUITZ CREEK
36 ?t,6'0 '1 1 llf.C)v 41 MAINTENANCE (testing & MO
monitorinn l

TAQUITZ CREEK PRO
36 ~4-. "l V --Z, It l(. ()u 42 SHOP/CART (testing & MO monltorino l
•

Revised 4.13.23 Page 24 of 29

Item 1K - Page 28
43 TAQUITZ GOLF CLUBHOUSE MO 36 /'-jl( .. 00 5" L &>1/ {1) ltesUnn & monitorinn \ 44 TRADITIONS RESTAURANT MO 36 8't,, ~.:, ':?rt"( ~tJD (testina & monitorinn1

VILLAGE GREEN -
~ JW,c],) 45 CORNELIA WHITE HOUSE MO 36 I t/'f.u""J
I /testina & monitorina I

VILLAGE GREEN -
')/¥'I- 00 46 MCCALLUM ADOBE MUSEUM MO 36 lt.jl(. {fi) ltestina & monitorinn \

VILLGE GREEN -
", I f'<( OJ 47 AGUA CALIENTE MUSEUM MO 36 /C/tf.w (testina & monitorinn1 48 Houriv Labor Rate HR 300 ~-, 17J',!, Ov
Parts and Materials % mark-up /
(Enter the percent In the unit price
49 column as a decimal figure: % 100
Example, for a 5% markup, enter

1.05)
TOTAL z._z~ U?<;;
"NOTE: This bid /orm is to determine the lowest bidder and will be used to establish the contract unit prices. The oanlract value will be set at the City budget amount.

Certified by:. _ _;s:........c.~ -=-=...:..f'_:....;Ki'l:.:..;_:u"--'ff/(..=.:... _ ______ _ FirmName: (Vl .. ,4k)f!1:Ur"" .5~c.vrlrTy ~.,...__ S'fl"Tf,,,.___ Signature of Authorized Person: -1G'--74,z_ 9,::;_ _ ____ ____ _ Printed Name: _ _ ..:_J;_ 7:..:VZ,::..V:....:../(_........;U,J/a..;;:_:_..:....::..._(t..,,y _ _ _______ _ Tl!Je: _ ___,_~-'--':,:aac.....:....a,'-'c0..J-==-- - --- ------ 04- 2-~--'Zs Date: _____ ___ ______________ _

Revised 4.13.23 Page 25 of 29

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1K - Page 29

Revised 4.13.23 Page 26 of 29

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries agains t persons or damages to propert y resulting from Contra ctor’s performance under this Agreement.

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

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primar y with res pect to the City and its respective elected official s, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1K - Page 30

Revised 4.13.23 Page 27 of 29

contribution it may have again st City, its elected officials, offic ers, employees, agents, and volunteers.

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

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

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

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

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

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

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

Item 1K - Page 31

Revised 4.13.23 Page 28 of 29

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

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

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

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

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

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

Item 1K - Page 32

Revised 4.13.23 Page 29 of 29

EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to t he Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6- 22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1K - Page 33

ATTACHMENT B
Item 1K - Page 34
Item 1K - Page 35

1. 2. 3. 4.

PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
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Corpor
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Limited
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Partner
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6. Off
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Directors
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Memb
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Man
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,
Oth
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Fi
ducia
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speci
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Note:

If
any
re
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n,
please
ident
ify
all
officers,
dir
ec
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m
embers,
manag
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and
other
fiduciaries
for
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memb
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Oth
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_
__________________
D
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Director
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(Revised
09 13
18)
[name]
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r
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other
____________
_
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1K - Page 36

7. Owne
rs/
Inv
es
tors
with
a 5%
beneficial
interest
in
th
e
Applicant
Ent
ity or
a
related
en
tity

EXAMPLE JANE
DOE
50%,
ABC

COMPANY,
In
c.
[name
of
owner/inve
stor
]
[percentage
of
beneficial
inte
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name
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name
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]
B.
[nam
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/inves
tor]
[percent
age
of beneficial
int
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en
tity
and
name
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tity
]
C.
[name
of
owner/investo
r]
[pe
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entage
of
beneficial
in
teres
t in
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and
name
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entity]
D.
[name
of owneriinvestorj
[percentage
of
beneficial
interest
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entity
and
name
of
entity]
E.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entit
y
and
name
of
entity]

I DECLARE
UNDER

PENALTY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.

Signature
of
Disclosing
Party,
Printed
Name,
Title
Date
(Revised
09 13.18)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE
FORM

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 JJc_

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

ADOPT RESOLUTION APPROVING STATE GRANT FOR RESTORATION OF THE

HISTORIC PLAZA THEATRE
RECOMMENDATION:

Staff recommends the City Council adopt a Resolution entitled, “A RESOLUTION OF

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

APPROVING THE APPLICATION AND ACCEPTANCE FOR GRANT FUNDS FOR RESTORATION OF THE HISTORIC PLAZA THEATRE.”
Attachments
Item 1L

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: ADOPT RESOLUTION APPROVING STATE GRANT FOR

RESTORATION OF THE HISTORIC PLAZA THEATRE

FROM: Scott C. Stiles, City Manager

BY: Teresa Gallavan, Assistant City Manager

SUMMARY:

With the advocacy of Lieutenant Governor Kounalakis and former Assembly Member Mayes, the Plaza Theatre restoration project was granted a state appropriation of $2.5 million. The California Arts Council will administer th e grant and requires adoption of a resolution for the City to receive and administer the funds on behalf of the Plaza Theatre Foundation.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. _____, “A RESOLUTION OF

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

THE APPLICATION AND ACCEPTANCE FOR GRANT FUNDS FOR RESTORATION OF THE HISTORIC PLAZA THEATRE.”

BACKGROUND:

In April of 2022, the Plaza Theatre Foundation advocated for State funding for the restoration of the Plaza Theatre. The State appropriated $2.5 million to the project and the California Arts Council is administering the grant funding.

On January 27, 2022, the City Council approved a Memorandum of Understanding (MOU) between the City and the Plaza Theatre Foundation to establish a framework for the historic restoration, operation and ongoing maintenance of the Plaza Theatre. The MOU was amended on June 30, 2022.

On July 28, 2022, the City Council approved Professional Servi ces Agreement No.

A9173, Plaza Theatre Design Services, with A rchitectural Resources Group, Inc. for design services for the renovation project.

Item 1L - Page 1
STAFF ANALYSIS:

As the property owner and partner with the Plaza Theatre Foundation, the City will enter into the Project Contract with the State to receive the grant funding for the restoration project on behalf of the Plaza Theatre Foundation. Prior to receiving the Project Contract from the California Arts Council (sample grant agreement attached as Attachment B), the City Council is required to adopt the attached resolution (Attachment A) approving the application and acceptance of the State grant funds.

FISCAL IMPACT
:

Upon execution of the Project Contract and submittal of payment request to the State, the City will receive the grant award of $2.5 million for the Plaza Theatre restoration project.

REVIEWED BY:

Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution
B. Sample Grant Agreement with CA Arts Council

Item 1L - Page 2

ATTACHMENT A

Item 1L - Page 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE

APPLICATION AND ACCEPTANCE FOR GRANT FUNDS

FOR RESTORATION OF THE HISTORIC PLAZA THEATRE

WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and

WHEREAS, the California Arts Council has been delegated the responsibil ity of the administration of the grant project, setting up necessary procedures; and

WHEREAS, said procedures established by the California Arts Council, require the Grantee to certify by resolution the approval of application before submission of said application to the state; and

WHEREAS, the Grantee will enter into an agreement with the State of California for subject project.

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

SECTION 1.

Approves the acceptance of general fund allocation for local assistance for the above project; and

SECTION 2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

SECTION 3. Certifies that said agency will have sufficient funds to operate and maintain the project or will enter into an agreement with another entity to perform said operation and maintenance; and

SECTION 4. Certifies that the agency has reviewed an understand the General Provisions contained in the Project Agreement shown in the Procedural Guide; and

SECTION 5. Appoints the Assistant City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.

ADOPTED THIS ___TH DAY OF ________________, _________
.

SCOTT C. STILES

CITY MANAGER
Item 1L - Page 4

ATTEST:

BRENDA PREE

CITY CLERK
Item 1L - Page 5

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1L - Page 6

ATTACHMENT B

Item 1L - Page 7
Grantee Name:

Project Title:

SAMPLE

CALIFORNIA ARTS COUNCIL

GRANT AGREEMENT
Insert Here
Insert Here
Agreement Number: XXXXXX-0
Authority:

Program:

Bill No. AB 179, Specified Funding FY 2022-23
General Fund Designated Funding Grant Projects

PROJECT DESCRIPTION
Brief Project Description
A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant Funds are to be used to support capital asset projects/programmatic project in accordance with the provisions contained in the Procedural Guide for Dedicated Funding Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions
Special Provisions, if applicable EXAMPLES ONLY: (see other Sample Special Provisions in B&G/Procedures-Various/Preparation of Grant Agreement)

1. Insert if California Environmental Quality Act (CEQA) (including Greenhouse Gas Emissions) has not yet been completed at time of Grant Agreement: As conditions precedent to the State's obligation to make any construction funding available pursuant to this agreement, Grantee shall first provide evidence of compliance with CEQA.

2. Insert if nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. 20 Item 1L - Page 8
Item 1L - Page 9
The State may, at its discretion, identify an appropriate public or private entity to accept the right, title and interest in the real property in lieu of the State.

3. Insert if grantee has not yet obtained land tenure/site control: As conditions precedent to the State's obligation to make any funding available pursuant to this agreement, Grantee shall first provide evidence of adequate land tenure and evidence that the project will be operated and maintained for a minimum of 25 years satisfactory to the State for all land to be improved under this agreement. 21 Item 1L - Page 10
General Provisions
A. Definitions

1. The term "Act" means Bill No. AB 179 {2022).

2. The term "Acquisition" means obtaining a fee interest or any other interest, including easements, teases, and development rights.

3. The term "Agreement" means this Grant Agreement.

4. The term "Application Guidelines" means the Procedural Guide for General Fund Specified Grant Projects.

5. The term "Development" means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

6. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

7. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this agreement.

8. The term "Grant Agreement" means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.

9. The term "Grantee" means an applicant who has a signed agreement for grant funds. (Grantee 's Authorized Representative signature required on Grant Agreement.)

10. The term "Interpretation" means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

11. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete the project beyond the grant funds provided by this Agreement.

12. The term "Payment Request Form" means Invoice.

13. The term "Project" means the acquisition or development activity described in the application as modified by Exhibit A to be accomplished with grant funds. 22 Item 1L - Page 11

14. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this Agreement.

15. The term "Project Scope" means the description or activity for work to be accomplished by the project.

16. The term "State" means the Secretary for California Arts Council or his/her representatives, or other political subdivision of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.

3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page, unless an extension has been formally granted by the State and under the Terms and Conditions of this agreement.

Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond June 30. 2024.

4. Grantee shall at all times ensure that project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant funds will not be disbursed before the close of the period for legal challenge under CEQA.

Grant funds for planning and document preparation may be available sooner if included in the grant project scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.
23 Item 1L - Page 12
If a grantee's project is disapproved on grounds related to the California Arts Council's CEQA determination, the grantee shall have the option of either: (1} reimbursing the CAC for all state-reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction; all applicable permits and licenses (e.g., state contractor's license) will have been obtained.

7. Grantee shall provide access by the State upon 24-hours' notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.

8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the application. Changes in project scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. Any modification or alteration in the project must also comply with all current laws and regulations, including but not limited to CEQA.

9. Grantee shall provide for public access and/or educational features where feasible.

10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to project lands and demonstrate to the satisfaction of the State that the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

11. Grantee shall promptly provide photographs of the site during and after implementation of project at the request of the State.

C. Project Costs
24 Item 1L - Page 13

1. Grant funds provided to Grantee under this agreement will be disbursed in a single payment distribution for eligible costs. Payments are made as follows, but shall not exceed in any event the amount set forth on the signature page of this agreement:
a. A single distribution payment of the total contract dollar amount will be made upon approval of the contract and submission of an invoice by the Grantee. Grantee agrees to use any Grant Funds under the terms of this Agreement solely for the Project herein described.
b. The Grantee shall place these Funds in a separate interest-bearing account, setting up and identifying such account prior to the release of grant funds. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.

2. Payment Documentation:
a. A payment request must be submitted using a completed Payment Request Form.
b. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this agreement.

3. Grant funds in this award have a limited period in which they must be expended.

Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this agreement.

4. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent 25 Item 1L - Page 14
(10%)
from
the
original
budget
in
the
amount
of
a
category
must
be
approved
by
the
State.

In
any
event,
the
total
amount
of
the
grant
funds
may
not
be
increased
, nor
may
any
adjustments
exceed
the
limits
for
management
costs
as
described
in
the
Application
Guidelines
.

D. Project
Administration

1. Grantee
shall
promptly
provide
project
reports
and/or
photographs
upon
request
by
the
State.

In
any
event
Grantee
shall
provide
the
State
a
report
showing
total
final
project
expenditures
with
the
final
payment
request
and
required
closing
documents
.

2. Grantee
shall
make
property
and
facilities
acquired
or
developed
pursuant
to
this
agreement
available
for
inspection
upon
request
by
the
State.

3. Grantee
shall
use
any
income
earned
by
the
Grantee
from
use
of
the
project
to
further
project
purposes
, or
, if approved
by
the
State
, for
related
purposes
within
the
jurisdiction.

4. Grantee
shall
submit
all
documentation
for
project
completion
, including
a
notice
of
completion
as
applicable
within
ninety
(90)
days
of
project
completion,
but
in
no
event
any
later
than
September
30,
2024
.

5. This
agreement
may
be
amended
by
mutual
agreement
in
writing
between
Grantee
and
State.

Any
request
by
the
Grantee
for
amendments
must
be
in
writing
stating
the
amendment
request
and
reason
for
the
request.

The
Grantee
shall
make
requests
in
a
timely
manner
and
in
no
event
less
than
sixty (60)
days
before
the
effective
date
of
the
proposed
amendment.

6. Grantee
must
report
to
the
State
all
sources
of
other
funds
for
the
project.

Project
Termination

1. The
State
reserves
the
right
to
terminate
a
Grant
Agreement
for
any
reason
at
any
time
. There
are
no
vested
rights
or
entitlements
to
funding
that
a
Grantee
can
or
should
rely
upon,
and
once
a
notice
of
termination
is
provided
to
the
Applicant,
only
authorized
and
eligible
work
prior
to
that
notification
of
termination
will
be
paid
by
the
State
.

2. Prior
to
the
completion
of
project
construction,
either
party
may
terminate
this
agreement
by
prov
iding
the
other
party
with
thirty
(30)
days
' wr
itten
notice
of
such
termination
. The
State
may
also
terminate
this
Grant
Agreement
for
any
reason
at
any
time
if it
learns
of
or
otherwise
discovers
that
there
is
a
violation
of
26 Item 1L - Page 15
any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State.

3. If the State terminates without cause the agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the agreement prior to the date of the notice to terminate.

4. If the Grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this agreement.

5. Failure by the Grantee to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.

6. Failure of the Grantee to comply with the terms of this agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement.

7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this agreement, is the for the purposes as stated in the application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State.

F. Hold Harmless
27 Item 1L - Page 16

1. Grantee
shall
waive
all
claims
and
recourses
against
the
State,
including
the
right
to
contribution
for
loss
or
damage
to
persons
or
property
arising
from,
growing
out
of
or
in
any
way
connected
with
or
incident
to
this
agreement,
except
claims
arising
from
the
gross
negligence
of
State,
its
officers
, agents
and
employees.

2. Grantee
shall
indemnify
, hold
harmless
and
defend
State
, its
officers,
agents
and
employees
in
perpetuity
against
any
and
all
claims
, demands,
damages
, costs,
expenses
or
liability
costs
arising
out
of
the
project,
including
development
,
construction,
operation
or
maintenance
of
the
property
described
in
the
project
description
which
claims,
demands
or
causes
of
action
arise
under
Government
Code
Section
895.2
or
otherwise,
including
but
not
limited
to
items
to
which
the
Grantee
has
certified,
except
for
liability
arising
out
of
the
gross
negligence
of
State,
its
officers,
agents
or
employees.

Grantee
acknowledges
that
it
is
solely
responsible
for
compliance
with
items
to
which
it has
certified.

3. Grantee
and
State
agree
that
in
the
event
of
judgment
entered
against
the
State
and
Grantee
because
of
the
gross
negligence
of
the
State
and
Grantee,
their
officers,
agents
or
employees
, an
apportionment
of
liability
to
pay
such
judgment
shall
be
made
by
a
court
of
competent
jurisdiction.

Neither
party
shall
request
a
jury
apportionment.

G
. Financial
Records

1. Grantee
shall
maintain
satisfactory
financial
accounts
, documents
and
records
for
the
project
and
to
make
them
available
to
the
State
for
auditing
at
reasonable
times
. Grantee
shall
also
retain
such
financial
accounts,
documents
and
records
for
three
(3)
years
after
final
payment
and
one
(1)
year
following
an
audit.

2. Grantee
agrees
that
during
regular
office
hours
, the
State
and
its
duly
authorized
representatives
shall
have
the
right
to
inspect
and
make
copies
of
any
books
,
records
or
reports
of
the
Grantee
pertaining
to
this
agreement
or
matters
related
thereto.

Grantee
shall
mainta
in
and
make
available
for
inspection
by
the
State
accurate
records
of
all
of
its
costs,
disbursements
and
receipts
with
respect
to
its
activities
under
this
agreement.

3. Grantee
shall
use
applicable
Generally
Accepted
Accounting
Principles
, unless
otherw
ise
agreed
to
by
the
State.

H. Use
of
Facilities

1. The
real
property
(including
any
portion
of
it or
any
interest
in
it)
may
not
be
sold
or
transferred
without
the
written
approval
of
the
State
of
California
,
acting
through
the
CAC
or
its
successor,
provided
that
such
approval
shall
not
be
unreasonably
withheld
as
long
as
the
purposes
for
which
the
grant
was
awarded
are
maintained.
28 Item 1L - Page 17

2. Grantee shall use the property for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property. This agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor public agency assumes the obligations imposed by this agreement.

3. If the use of the property is changed to a use that is not permitted by the agreement, or if the property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

4. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

5. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment.

Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.).

The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)-(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. 29 Item 1L - Page 18

3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this agreement as though set forth in full in this agreement.

K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this agreement which can be given effect without the invalid provision or application, and to this end the provisions of this agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Director of the California Arts Council. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Director shall make a determination on the issue(s) and shall respond in writing to the Grantee 30 Item 1L - Page 19
indicating the decision and reasons therefore. Should the Grantee disagree with the Director's decision, the Grantee may appeal to the Governor's office.

2. The Grantee must submit a letter of appeal to the Governor's office explaining why the Director's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's original grievance report, evidence originally submitted, and response from the Director. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Director's written decision. The Governor's office or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Governor's office or designee shall be final.

0. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.

Please have Grantee's Authorized Representative sign and date below, and return in electronic format:

Grantee's Authorized Representative (Date)
California Arts Council, Executive Director (Date)
31 Item 1L - Page 20
Item 1L - Page 21

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES, INC. FOR PLUMBING MAINTENANCE AND INSTALLATION

SERVICES
RECOMMENDATION:

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

Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9071 WITH KINCAID INDUSTRIES , INC. FOR PLUMBING MAINTENANCE AND

INSTALLATION SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Amendment No. 2 to Agreement No. A9071 with Kincaid Industries Inc. in the amount of $45 0,000, for a revised contract amount not to exceed $1,050,000 for plumbing maintenance and installation services through April 25, 2025.

RECOMMENDATION:

1. Approve Amendment No. 2 to Agreement No. A9071 (Attachment A) with Kincaid Industries, Inc., to provide plumbing maintenance and installation services in an additional amount of $ 450,000, for a total revised contract amount not to exceed $1,050,000 through April 10, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on March 1, 2022, Kincaid Industries Inc., is registered in the S tate of California. The owner is Scott Kincaid with 100% beneficial interest in entity.

BACKGROUND:

An Invitation for Bids (IFB 22- 09) was initiated by the C ity’s Procurement & Contracting Department on January 31, 2022, based on Facilit ies’ specifications. On April 7, 2022, City Council award ed Contract Services Agreement No. A9071 with Kincaid Industries, Inc., for a three-year term in the amount of $300,000 effective April 11, 2022 through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Item 1M - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Amend Plumbing Maintenance and Installation Services Contract

On January 26, 2023, City Council approved Amendment No. 1 to expand on -call plumbing and installation services to the Aviation Department for an estimated combined project costs of $200,000 for Fiscal Year 2022- 23 and a total Contract amount not to exceed $600,000.

STAFF ANALYSIS:

Following approval of Amendment No.1, unforeseen maintenance and repairs have been required on the Municipal Cogeneration Plant Hot Water Lines, with estimated initial costs of $120,000. Staff is now requesting approval of Amendment No. 2 in the amount of $450,000 to increase funding for the Aviation Department, Facilities, and Park Maintenance to utilize this contract. This Amendment No. 2 will provide for a revised contract amount not to exceed $1,050,000 through April 10, 2025, for plumbing maintenance and installation services.

The Aviation Department, Facilities , and Park Maintenance are currently working on various city facility plumbing project s that combined would expend approximately $350,000 during Fiscal Year 2022-23.

Aviation Department:

• Hydro Jet Sewer Main Line ABM Paid Ticket Booth $ 10,000 • Water Main Repair Car Rental Lot (North Terminal) $ 20,000 • Repair Ramp Restroom (Ice Room Vapors) $ 4,000 • Airport Plumbing Repairs $ 30,000

Estimated Total $ 64,000

Facilities Maintenance:

• Animal Shelter-Repair Flush Valves in Kennels & Restrooms $ 10,000 • Baristo Parking Structure – Jett Trash Enclosure and Pump Pit $ 4,500 • City Hall-Mechanical room, Cooling Tower, Boiler, and Roof Drains $ 30,000 • City Yard-Repair and Install Drain Lines, and Roof Drain Repairs $ 14,750 • Cogeneration Plant-Hot Water Loop Leak Excavation and Repairs $120,000 • Demuth Community Center-Drain Clean Out $ 3,750 • Fire Stations-Draining Issue and Snake Boiler Drain Repairs $ 20,000 • Leisure Center-Storm Drain, Hydro-Jet, Snake Main Line $ 20,000 • Library-Restroom Blockage and Snake Main Lines $ 2,500 • Boys and Girls Club-Map out Storm Drain $ 6,000 • Police Department-Sewage Pump, Pump Station, Sump Tank $ 30,000 • Train Station-Repair Leak Under Slab $ 9,500

Estimated Total $ 271,000
Item 1M - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Amend Plumbing Maintenance and Installation Services Contract

Park Maintenance:

• Swim Center-Camera, Jet, Snake Drain $ 5,000
• City Park Repairs $ 10,000

Estimated Total $15,000

Therefore, increasing the contract to a not-to-exceed amount of $1,050,000, through April 10, 2025, will allow for current and future plumbing project needs to be met.

ENVIRONMENTAL ASSESSMENT:

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

Approval of this action supports City Council priority 2 A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2022-23 in accounts 1006540- 50105, 4157040-40105, 4157050-40105, 5206570-40105, and 5206570-50119.

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No.2 A9071
B. Public Integrity Disclosure

Item 1M - Page 3

ATTACHMENT A

Item 1M - Page 4
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9071

FOR PLUMBING MAINTENANCE AND INSTALLATION SERVICES

This Amendment No. 2 to the Contract Services Agreement ( A9071), (“Amendment No. 2”), is made and entered into this _____ day of _____________, 2023 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Kincaid Industries, Inc. , a California corporation, hereinafter designated as the Contractor. City an d Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed plumbing contractor, for plumbing maintenance and installation services, (“Project”).

B. On April 7, 2022, the City Council approved A9071, made and entered into on April 11, 2022, in reference to the competitively solicited Invitation for Bid (IFB) 22 -09 with Contractor.

C. Amendment No. 1, approve by City Council on January 26, 2023, provided for an increase of $300,000, for a maximum contract amount not to exceed $600,000 over the initial three-year term.

D. This Amendment No. 2 will provide for an increase of $450 ,000, for a maximum contract amount not to exceed $1,050,000.

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

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

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Second Amendment.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

“3.1 Compensation and Payment. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $900,000.” Item 1M - Page 5

SECTION 3. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9071, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Contract Services Agreement A9071, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 4. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 , such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A9071 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1M - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9071) BY AND BETWEEN THE CITY OF PALM SPRINGS AND KINCAID INDUSTRIES, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _May 25, 2023_____ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1M - Page 7

ATTACHMENT B
Item 1M - Page 8
Item IJ - 62
Item 1M - Page 9

1. 2. 3. 4. 5.

Name
of
Entity
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM

KINCAID

INDUSTRIES
, INC.

Address
of
Entity
(Principal
Place
of
Business)
31065
Plantation
Drive,
Thousand
Palms,
CA
92276
Local
or
California
Address
(if
different
than
#2)
State
where
Entity
is
Registered
with
Secretary
of
State
CA If
other
than
California,
is
the
Entity
also
registered
in
California?
D
Yes
D
No
Type
of
Entity
[R]
Corporation
D
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)

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

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust,
or
other
entity
R.

Scott
Kincaid
~
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
D
Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
D
Other
Item IJ - 63
Item 1M - Page 10

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

EXAMPLE JANE
DOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A.

Scott
Kincaid
100%
[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
-
-
..
3/1/2022
R.

Scott
Kincaid,
President

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9232 WITH VERDE

FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR VARIOUS CITY

FACILITIES
RECOMMENDATION:

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

Attachments
1N

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9232 WITH

VERDE FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR

VARIOUS CITY FACILITES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Amendment No. 2 to Agreement No. A9232 with Verde Facilities Services LLC, in the amount of $136,296, for a revised contract amount not to exceed $2,425,644 for janitorial services for various City facilities.

RECOMMENDATION:

1. Approve Amendment No. 2 to Agreement No. A9232 ( Attachment A) with Verde Facilities Services LLC, to provide janitorial services for various City facilities in an additional amount of $136,296 for a total revised contract amount not to exceed $2,425,644 through December 11, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on August 30, 2022, Verde Facilities Services LLC is registered in the state of Arizona. The owner is Paul Sarzoza with 100% beneficial interest in entity.

BACKGROUND:

The Public Works Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Four proposals were received and evaluated by an evaluation team made up of City staff from the Public Works, Library, Police, Fire, and Recreation Departments. The proposals were evaluated against published criteria that included the firm’s experience, the staff’s experience, the understanding of the scope of work, local preference, and price.

Item 1N - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Amend Janitorial Services Contract

Verde Facilities Services LLC is a minority -owned business that has over 45 years of experience and has worked in multiple states and in multiple industries. Verde Facilities Services LLC employs approximately 16 staff members made up of primarily local residents to clean the City’s facilities.

On November 10, 2022, City Council awarded Contract Services Agreement No. A9232 (A9232) with Verde Facilities Services LLC for a three- year term in the amount of $2,236,428 effective December 12, 2022, through December 11, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Amendment No. 1 was approved and entered into on March 1, 2023, by the City Manager, for an additional $52,920, to include the pick-up and disposal of an additional twenty-four (24) trash/recycling bins seven days a week located in the Downtown area, for a revised contract amount not to exceed $2,289,348.

STAFF ANALYSIS:

The Department of Public Works has initiated a work performance program to address services expected within City parks and City facilities. The contractor has been extremely responsive to this conversation and has taken corrective steps to move forward and continue to provide the City with janitorial services.

Staff is requesting approval of Amendment No. 2 in the amount of $136,296 to add semi- annual carpet cleaning for C ity facilities and quarterly cleaning for Desert Highland that was mistakenly left out of the scope of work. This Amendment No. 2 will provide for a revised contract amount not to exceed $2,425,644 through December 11, 2025, for Janitorial Services of Various City Facilities.

ENVIRONMENTAL ASSESSMENT
:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2 A, Community Infrastructure – Improve City Facilities.

Item 1N - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Amend Janitorial Services Contract

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23, accounts 1100472-40105, 1004520-40105, 2603180-50105, and 5206570-40105.

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 2 to A9232
B. Public Integrity Disclosure

Item 1N - Page 3

ATTACHMENT A

Item 1N - Page 4
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. A9232

FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

This Amendment No. 2 to the Contract Services Agreement (A9232), (“ Amendment No. 2”), is made and entered into this _____ day of _____________, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Verde Facilities Services LLC, a n Arizona Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with janitorial services for various City of Palm Springs facilities, (“Project”).

B. On November 10, 2022, the City Council approved A9232, made and entered into on December 12, 2022, in reference to the competitively solicited Request for Proposal (RFP) 03-23 with Contactor, for an initial three-year term in an amount not to exceed $2,236,428.

C. On March 1, 2023, Parties entered into Amendment No. 1 to modify the Scope of Services/work including, Schedule of Fees and Schedule of Performance to increase the services provided for Downtown Trash/Recycli ng, for an additional $52,920 over the initial term for the pick-up and disposal of an additional twenty-four trash/recycling bins seven days a week, located in Downtown; for a total contract amount not to exceed $2,289,348.

D. City desires to modify the Scope of Services/Work including, Schedule of Fees and Schedule of Performance to add quarterly cleaning at Desert Highland, carpet cleaning to annual cleaning at various city facilities, in the amount of $136,296.00, for a total contract amount not to exceed $2,425,644.00.

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

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

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 2.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:

Item 1N - Page 5

SECTION 3. Exhibit “A” Contractor’s Scope of Services/Work Including, Schedule of Fees and Schedule of Performance is hereby amended to incorporate the additional Schedule of Fees identified in Attachment A – Additional Services.

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9232, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Contract Services Agreement A9232, the provisions of this Amendment No. 2 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 2 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 , such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. A9232 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1N - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 2 (A9232) BY AND BETWEEN THE CITY OF

PALM SPRINGS AND VERDE FACILITIES SERVICES LLC

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1N - Page 7
ATTACHMENT “A”
Additional Services

Item 1N - Page 8

JANITORIAL SERVICES PROPOSAL
MayB, 2023
Prepared by Verde f or The Ory of Palm Springs- Corpet Cleaning and Desert Highland Floors Oesaiption Umtof Estimated Rate Item Meas.ure Quantrty
1 City Hall - carpet Cleaning Annual 2 $4,712
2 City Yard - carpet Cleaning Annual 2 $322
3 Demuth Community Center- Carpet Annual 2 S291 Oeaning 4 Oesen Highland- carpet Clean ing Annual 2 $320
5 Fire Station AdlTVn- carpet Oeaning Annual 2 $44.00
6 l eisure Center- carpet Oeaning Annual 2 $224
7 Main Library- carpet Cleaning Annual 2 $4,419
8 Pavilion- carpet Oeaning Annual 2 $629
9 Police Departmen t- carpet Oeaning Annual 2 S3,728
10 Police Substation- carpet Oeaning Annual 2 $139
11 WeUwood- carpet Oeaning Annual 2 S148
Desert Highland Aoor Strip and
12 Waxing VCT tile and Gym Floor Annual 4 $3,170
Scrubbing
13 Desert Highland Aoor Window Annual 4 $700 Oeaning
\lllt ilotlo,o,. U C
Tot.al Pnc.e
$9,424
S644
S582
S640
S88
$448
$8,838
$1,258
S7,456
S278
S296
$12,680
S2,800

ATTACHMENT B

Item 1N - Page 9
ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 03-23)

JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
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 o f Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City ’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity o f 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 relat ionship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done busines s 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 1N - Page 10
What Must I Disclose?
A. The names of all natural p ersons 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 secon d 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 wi th a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1N - Page 11

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_______________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Verde Facilities Services LLC
2323 W Mescal St #205
x
Arizona

5. Type of Entity
Corporation X Limited Liability Company Partnership Trust Other (please specify) Paul Sarzoza

Item 1N - Page 12

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 08/30/2022
Paul Sarzoza 100%, Verde Facilities Services LLC
Item 1N - Page 13
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

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

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

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

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a Califo rnia limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

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

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1N - Page 14

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED DISPOSITION

AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-UNIT SENIOR HOUSING PROJECT IN THE CITY OF PALM

SPRINGS
RECOMMENDATION:

Approve First Amendment to Amended and Restated Disposition and Development Agreement (DDA) with Aloe Palm Canyon L.P. to increase the loan amount by $3,000,000.

2. Attachments
Item 1O

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 CONSENT CALENDAR

SUBJECT: APPROVE FIRST AMENDMENT TO AMENDED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT FOR

DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON
PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE , A 71 -

UNIT SENIOR HOUSING PROJECT IN THE CITY OF PALM SPRINGS

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

At its April 27, 2023 meeting, the City Council approved increasing the City’s contribution to the Aloe Palm Canyon 71- unit Affordable Housing / Permanent Supportive Housing Project (Project), located at 1479 North Palm Canyon Drive (Site) by $3,000,000. The attached First Amendment to the Amended and Restated Disposition and Development Agreement (Agreement, Attachment A ) memorializes the terms of the increase in funding.

RECOMMENDATION:

1. Approve First Amendment to Amended and Restated Disposition and Development Agreement (DDA) with Aloe Palm Canyon L.P. to increase the loan amount by $3,000,000.

2. Authorize the City Manager to make any necessary changes to the DDA and sign other documents approv ed by the City Attorney to ins titute the loan increase amount and facilitate implementation of the Aloe Palm Canyon project.

BUSINESS PRINCIPAL DISCLOSURE
:

West Hollywood Community Housing Corporation (WHCHC) is the original Project applicant and Developer, which formed the single-purpose entity Aloe Palm Canyon L.P. (Aloe) for the Project. WHCHC is a nonprofit affordable housing development corporation founded in 1986. WHCHC’s mission is building homes and providing services that move community members from insecurity to stability. WHCHC builds new apartment buildings and previously renovated existing properties to provide affordable housing to low - and Item 1O - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Aloe Palm Canyon First Amendment to Amended Restated DDA

fixed-income people in Southern California. WHCHC partners with city governments, housing funders, social service providers, community stakeholders, architects, contractors, and property managers to build and maintain projects.

The Developer’s Public Disclosure Form is attached as Attachment B.

BACKGROUND:

On January 14, 2021 , the City Council approved the Planned Development District Application, Case No. 5. 1520 PD-390, to construct a 71- unit multiple-family residential development on the Site.

On January 14, 2021, the City Council approved a funding commitment for Developer in the amount of $2,400,000, plus an estimated $204,300 in City’s share of proceeds from the sale of the S uccessor A gency to the Redevelopment Agency of the City of Palm Springs (SA) Parcel, plus land valued at $1,400,000 (totaling $4,004,300).

On September 30, 2021, the City Council approved the Disposition and Development Agreement for the Project and declared the City Parcel Exempt Surplus land.

On December 5, 2022, the City Council approved the Amended and Restated Disposition and Development Agreement to defer documentation for the remaining Project financing until March 1, 2023 and allow the City to disburse pre-development loan funds for Aloe to pay for the SA Parcel.

On April 27, 2023, the City Council approved a funding commitment for WHCHC to increase the City’s contribution to the Project by $3,000,000.

STAFF ANALYSIS:

As reported at the April 27, 2023, City Council meeting, the Project incurred increase d development costs of approximately $13,000,000. Factors impacting Project costs include:

• Having to go to competitive bid at the height of the lumber crisis. • Global supply disruptions related to switchgear increased material costs and extended construction timelines.
• Construction loan interest rate increased from 3.90% to 7.75%. • Insurance rates have also contributed to the increase in costs.

At that meeting, the City Council approved providing additional financing in the amount of $3,000,000 from the Affordable Housing Set-aside Fund. The purpose of the Agreement is to reflect the increased financial assistance from the City of Palm Springs for the Project. The only major provision in the Agreement is to increase the City financing by Item 1O - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Aloe Palm Canyon First Amendment to Amended Restated DDA

$3,000,000, from $4,004,300 to $7,004,300 as follows.

City Contribution to Project

Land Contribution $ 1,400,000
Homeless, Housing, Assistance
and Prevention Grant Funds 2,000,000
Housing Successor Agency Funds 400,000
City Share of Successor Agency
Parcel Sales Proceeds 204,300
Additional City Financing 3,000,000
Total $ 7,004,300

The total estimated project cost is $44,000,000 as shown in the attached project pro forma (Attachment C).

In addition to increased funding, the date for project completion has been extended by three months from September 30, 2025, to December 31, 2025.

ENVIRONMENTAL ASSESSMENT
:

Pursuant to Senate Bill 35 (SB35), the requested City Council action is exempt from the California Environmental Quality Act (CEQA). Additionally, the P roject is exempt from CEQA as an affordable housing project that meets criteria found in Sections 15192 and15194 of the CEQA Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

This action would further Strategy 1C, Quality of Life, Expand Affordable Housing, Pursue new affordable housing.

FISCAL IMPACT
:

Approval of this item would appropriate $3,000,000 from Housing Set -aside resources in the Fiscal Year 2023 Budget and allocate this amount for the Aloe Palm Canyon Project , increasing the amount of the current DDA from $4,004,300 to $7,004,300.

REVIEWED BY:

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

Item 1O - Page 3
City Council Staff Report
May 25, 2023 -- Page 4
Aloe Palm Canyon First Amendment to Amended Restated DDA

ATTACHMENTS:

A. First Amendment to the Amended and Restated Disposition and Development Agreement
B. Disclosure Form
C. Project Pro Forma

Item 1O - Page 4
55575.18175\41298052.2

{00883960;v2}

ATTACHMENT A

FIRST AMENDMENT TO THE

AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT

AGREEMENT
(STEVENS ROAD AND PALM CANYON DRIVE)

between

THE CITY OF PALM SPRINGS
a California charter city and municipal corporation

and

ALOE PALM CANYON, L.P.,
a California limited partnership

Item 1O - Page 5
55575.18175\41298052.2

FIRST AMENDMENT TO THE

AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (Stevens Road and Palm Canyon Drive)

THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (Stevens Road and Palm Canyon Drive) (“First Amendment”) is dated as of _________, 2023 for reference purposes only, and is entered into by and between the City of Palm Springs, a California charter city municipal corporation (“City”) and Aloe Palm Canyon, L.P., a California limited partnership (“Developer”) (collectively, the “Parties,” and each a “Party”). The Parties enter into this First Amendment with reference to the following recited facts (collectively, the “Recitals,” and each a “Recital”):

RECITALS

1. Developer and the Successor Agency to the Palm Springs Redevelopment Agency (“Successor Agency”) entered into that certain Amended and Restated Real Property Purchase and Sale Agreement and Joint Escrow Instructions (“PSA”) dated December 20, 2022 (the “PSA”) to purchase the Successor Agency’s re al property located at 1479 N. Palm Canyon Drive, Palm Springs, California, 92262 (APN 505-182-004) (“SA Property”).

2. Concurrent with the PSA, the Parties entered into that certain Amended and Restated Affordable Housing Disposition Agreement (Stevens Road and Palm Canyon Drive) dated December 20, 2022 (“ Agreement”) by which the City agreed to sell real property ( APN 505-182-010) (“ City Property”, together with SA Property, the “ Site”) and extend a loan to Developer for Site acquisition and construction and permanent financing for the Project (as defined below), subject to the terms and conditions in the Agreement.

3. On or around December 22, 2022, the Parties closed on the PSA and Agreement and Developer acquired the Site.

4. The Project is a “low -rent housing project” within the meaning of Section 1 of Article XXXIV of the California Constitution, as it will consist of seventy-one (71) rental units subject to a Regulatory Agreement (as defined below) between City and Developer that will restrict no more than thirty-five (35) of those units to households earning up to 50% of area median income. Developer intends to apply for a Housing Accelerator Fund loan from the Department of Housing and Community Development (“HCD”) for sixty-nine (69) units that will be restricted by HCD to households earning up to 80% of area median income and two unrestricted manager’s units.

5. The Project is also subject to that certain Density Bonus Developer and Regulatory Agreement and Declaration of R estrictive Covenants (Aloe Palm Canyon) (“ Density Bonus Agreement”) between the City and Developer to be entered concurrently with this Second Amendment and recorded immediately thereafter. In exchange for two incentives relating to parking and building height and a 35% increase in density, the Density Bonus Agreement requires the Developer to construct eighteen (18) affordable units (“ Density Bonus Units ”) for r ental to Low Income Households (as defined therein) and limits their maximum rent to thirty per cent Item 1O - Page 6
55575.18175\41298052.2

(30%) of sixty percent (60%) of Area Median Income adjusted for household size. The thirty-five (35) units restricted by the Regulatory Agreement are inclusive of the Density Bonus Units pursuant to Health and Safety Code section 37001.5(e), and ther efore do not violate Article XXXIV of the California Constitution, which would generally limit the City to regulating only 49% or less of the total number of units.

6. The Project is exempt from the California Environmental Quality Act (CEQA) as an affordable housing project that meets the criteria found in Sections 15192 and 15194 of the CEQA Guidelines. The City is the “responsible agency” under CEQA with respect to the Project.

7. Due to unforeseen changes in the economy causing delays in Project funding a nd increased Project Costs, the Parties desire to amend the Agreement and enter into this Second Amendment in order to (1) increase the City Loan by $3,000,000 for increased construction costs, (2) modify loan disbursement milestones, and (3) update certain post-closing requirements.

NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by City and Developer, the Parties agree as follows:

1. Incorporation of Recitals . The Recitals set forth above are true and correct and are incorporated into this First Amendment by this reference.

2. Incorporation of Defined Terms . All terms, phrases and words indicated to be defined terms by initial capitalization in this First Amendment that are not specifically defined in this First Amendment shall have the meaning ascribed to the same term, phrase, or word, respectively, in the Agreement.

3. Definitions. Section 1.1.10 of the Agreement is amended and restated to read as follows:

1.1.10 “City Loan” means the loan from the City to Developer in the amount of Seven Million Four Thousand Three Hundred Dollars ($7,004,300) to be used by Developer to undertake predevelopment, development, acquisition, construction, and operation of the Project.

4. Project Marketing Plan. Sections 2.9 and 3.2.2.8 of the Agreement require Developer to submit an affirmative fair housing marketing plan to City before the Close of Escrow. Developer agrees to provide City the marketing plan on or before the issuance of building permits.

5. Funding Commitments. Section 3.12.1 of the Agreement is amended and restat ed to read as follows:

3.12.1 In the event Developer is unable to obtain funding commitments set forth in the Project Budget’s anticipated Permanent Financing sources (excepting those that constitute one of the Closing Conditions below) by the Escrow Closing Date, Developer shall submit to City such additional funding commitments no later than August 31, 2023. Such additional funding commitments include without limitation Housing Accelerator supplemental funds, Permanent Local Housing Allocation (PLHA) fun ds, and housing vouchers, or other funding commitments satisfactory to the City.

Item 1O - Page 7
55575.18175\41298052.2

6. Insurance. Section 5.4 of the Agreement is amended and restated to read as follows:

5.4 Insurance. In order to protect the City and its commissions, agents, attorneys, offic ers, employees and authorized representatives (collectively, “Additional Insureds”) against any and all claims and liability for death, injury, loss and damage resulting from the Developer’s actions in connection with this Agreement, the Site, and the Proj ect, the Developer shall secure and maintain the insurance coverage, described in and required by this Section Error! Reference source not found. . The City shall not have any obligation under this Agreement until the Developer provides the required policies and/or certificates evidencing the insurance required by this Section Error! Reference source not found. to the City and the City approves such evidence of insurance. The preceding sentence does not include insurance that contractors are required to maintain pursuant to this Section; however, City will no longer have any obligation under this Agreement if Developer, upon selecting a contractor, fails to promptly provide City with copies of policies and/or certificates of insurance evidencing the contractor has coverage required by this Section. The Developer shall pay any deduc tibles and self -insured retentions under all insurance policies issued in satisfaction of the terms of this Agreement.

Developer shall retain all insurance policies as set forth in this Section Error! Reference source not found. until recordation of the Certificate of Completion.

7. Loan Increase; Disbursements . Sections 6.1 .3, 6.1.4, and 6.1.4.2 of the Agreement are amended and restated to read as follows:

6.1.3 Additional Funding. In the event Developer is unable to obtain written award or funding commitments sufficient to make the proposed Project financially feasible by the Escrow Closing Date, such additional funding commitments will become a Post-Closing Condition under Section 3.12 to be satisfied no later than July 31, 2023 or August 31, 2023, as the case may be. By way of example, such post -closing funding commitments may include without limitation HCD Housing Accelerator supplemental funds, Permanent Loc al Housing Allocation (PLHA) funds, and housing vouchers.

6.1.4 City Financing. City has agreed to provide and Developer has agreed to accept a loan from the City in the amount of Six Million Eight Hundred Thousand Dollars ($6,800,000) plus an amount equal to the proceeds received by the City from SA Property sale (the “City Loan”) to be used by Developer to undertake predevelopment, development, acquisition, construction, and operation of the Project. The City Loan consists of (a) the City’s share of proceeds from the sale of the SA Property in the amount of Two Hundred Four Thousand Three Hundred Dollars ($204,300) (“SA Property Proceeds”), (b) funds in the amount of Five Million Four Hundred Thousand Dollars ($5,400,000), and (c) the Purchase Price of t he City Property in the amount of One Million Four Hundred Thousand Dollars ($1,400,000) (“Land Loan”).

6.1.4.1 HHAP Funds. As a condition of receiving Homeless Housing, Assistance and Prevention (HHAP) Grant Program funds (“ HHAP Funds”) from the City, the Developer agrees to use the funds in compliance with the HHAP Grant Program requirements as detailed in the HHAP Agreement with City attached as Exhibit J (“HHAP Agreement”), to satisfy all provisions that are applicable to the Developer as a “subrecipient” or “subgrantee” of HHAP funds (as those terms are used in the HHAP Agreement), and to fully Item 1O - Page 8
55575.18175\41298052.2

cooperate with the City in meeting its obligations under the HHAP Agreement. For the avoidance of doubt, this Section 0 does not constitute a transfer or assignment of City’s rights, duties, or performance of the HHAP Ag reement. Additionally, in accordance with Section Error! Reference source not found. of this Agreement, the Developer shall indemnify, defend with counsel acceptable to the City, and hold the City harmless against any claims arising from Developer’s use of HHAP funds in violation of the terms of the HHAP Agreement or any other agreement between City and Developer governing Developer’s use of HHAP Funds. If the Business, Consumer Services, and Housing Agency exercises a remedy under Section 6 of Exhibit C of the HHAP Agreement to recover some or all of the HHAP Funds from the City for a breach of the HHAP Agreement, and the breach was caused by Developer, Developer shall be responsible for payment of those funds to the City. Pursuant to Section 12 of Exhibit C of the HHAP Agreement, Developer shall (a) perform all work in accordance with Federal, State, and Local housing and building codes, as applicable; (b) maintain at least the m inimum State -required worker’s compensation for those who will perform the work or any part of it; (c) maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by City or Developer in performing the work or any part of it; and (d) agree to include all the terms of the HHAP Agreement in each subcontract.

6.1.4.2 City Loan Disbursement. Upon Developer’s receip t of funding commitments, including but not limited to a reservation of Tax Credits from CTCAC or an award from the HCD Accelerator Fund in lieu of Tax Credits, and written confirmation that Developer will receive No Place Like Home (NPLH) Program funds referenced in Section Error! Reference source not found. of this Agreement, City will disburse the Predevelopment Component of Four Hundred Eighty Thousand Dollars ($480,000) of the City Loan to Developer to pay for or reimburse Developer’s predevelopment expenses, including purchase of the SA Property. The Predevelopment Component will not bear interest, will be a nonrecourse loan secured by assignment of the work product prepare d with City Loan funds. If Developer does not proceed with the Project, the Predevelopment Component of the City Loan will be forgiven to the extent that Developer has expended or obligated funds for predevelopment expenses , and Developer provides reasonable evidence of the expenditure or obligation of predevelopment expenses and will transfer all of the work product prepared with City Loan funds to City. If Developer does not proceed to develop the Project, to the extent that Developer has received City Loan funds and has not expended or obligated those funds for predevelopment expenses, Developer shall pay those unexpended or unobligated funds to City concurrently with transfer to City of all work product prepared with City Loan funds. The form of City L oan documents applicable to the Predevelopment Component prior to transfer of the City Property, including a Predevelopment, Construction and Permanent Loan Agreement (the “ City Loan Agreement ”) and a Predevelopment Component Note are attached to this Agre ement as Exhibit H . On or before Closing, Developer shall execute the Note and the City will cancel the Predevelopment Component Note. The Note will include the Predevelopment Component of Four Hundred Eighty Thousand Dollars ($480,000), the Land Loan of One Million Four Hundred Thousand Dollars ($1,400,000), SA Property Proceeds in the amount of Two Hundred Four Thousand Three Hundred Dollars ($204,300), the HHAP Funds, and other funds from the City for a total loan amount of Seven Million Four Thousand Three Hundred Dollars ($7,004,300). The City Loan will be evidenced by the Note, secured by the Deed of Trust, and subject to the City Regulatory Agreement, forms of which are attached to this Agreement under Exhibit I. Subject to the conditions set forth in the City Item 1O - Page 9
55575.18175\41298052.2

Loan Agreement, at the Close of Escrow, City will disburse funds to Developer in the amount of the Purchase Price of One Million Four Thousand Dollars ($1,400,000) which will be evidenced by the Developer’s execution of the Note . After Close of Escrow, upon Developer securing all post-closing financing commitments to complete and operate the Project, City will disburse to Developer the remaining City Loan amount. Disbursement will be no more frequently than once every thirty (30) days to reimburse Developer for the Eligible Loan Expenses , as such expenses are incurred by Developer and approved by City. “Eligible Loan Expenses” means expenses actually and reasonably incurred by Developer with respect to acquisition and development of the Project, and that are consistent with the HHAP Agreement. To the extent City-approved Eligible Loan Expenses are in conflict with the HHAP Guidelines, the HHAP Guidelines control.

Disbursement of the City Loan must be completed in full by June 30, 2025. Developer shall submit to City itemized statements, with such supporting information as City may reasonably require, documenting all of Developer's costs eligible to be considered in calculating the Eligible Loan Expenses, including invoices, contracts, or similar documentation. In the event Developer desires to obtain an advance disbursement for development activities scheduled to be undertaken or development activities not yet completed (e.g., as a down payment, advance payment, or progress payment), Developer shall present to City a contract or other evidence that the consultant or other party performing the work is entitled to an advance payment and Developer has incurred the obligation to make such payment. City shall have the authority to calculate and approve the amount of Developer's Eligible Loan Expenses. Payment of the amount determined by City to be owing to Developer shall be made by City within thirty (30) Business Days (as defined in the City Loan Agreement) after Developer's submission of its completed payment request. Any disapproval of a payment request shall be provided to Developer in writing (including the specific reasons for such disapproval) within ten (10) business days after City has received information necessary to make the determination that the payment request cannot be approved.

8. Effect on Agreement. All terms and conditions of the Agreement that are not modified by this First Amendment shall remain unmodified, in full force and effect and binding on the Parties.

This First Amendment shall be enforceable and interpreted in accordance with a subject to all of the terms, provisions, conditions, covenants and agreements set forth in the Agreement, except as specifically and expressly modified in this First Amendment. Any time the term “Agreement” is mentioned in the Agreement, it shall mean the Agreement as amended by this First Amendment.

9. Conflict. In the event of a conflict between the terms and conditions of this First Amendment and the terms and conditions of the Agreement, the terms and conditions of this First Amendment shall control.

10. Counterparts. This First Amendment may be signed in counterparts (including facsimile or electronic counterparts), each of which shall be deemed an original, and all such counterparts, when taken together, shall constitute one agreement.

11. No Intended Third -Party Beneficiaries . None of the terms or provis ions of this First Amendment are intended to benefit any person or entity other than City or Developer.

12. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment, without application of conflicts or choice of laws principles.

Item 1O - Page 10
55575.18175\41298052.2

13. Interpretation. The terms, provisions, conditions, covenants, restrictions and agreements contained in this First Amendment shall not be construed in favor of or against any Party, but shall be construed as if each Party prepared this First Amendment.

14. Entire Agreement. The Agreement, as amended by this First Amendment, represents the entire understanding between the Parties as to the subject matter of the Agreement, as so amended.

15. Effective Date. This First Amendment shall be effective on the date last signed by all Parties.

[Signatures on following page]
Item 1O - Page 11
55575.18175\41298052.2

SIGNATURE PAGE

TO THE FIRST AMENDMENT TO THE

AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (Stevens Road and Palm Canyon Drive)
IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment by and through the signatures of their duly authorized representative(s) set forth below:

CITY:

The City of Palm Springs, a California
charter city
By:

Scott C. Stiles, City Manager

Date: __________________

Attest:

By:

Brenda Pree, City Clerk
DEVELOPER:

Aloe Palm Canyon, L.P.,
a California limited partnership

By: Aloe Palm Canyon LLC,
a California limited liability company,
its general partner

By: West Hollywood Community Housing
Corporation, a California nonprofit
public benefit corporation, its sole
member/manager

By: ____________________________
Jesse Slansky,
President and Chief Executive Officer

Date: _________________________
APPROVED AS TO FORM:

By:

Jeffrey S. Ballinger, City Attorney

Item 1O - Page 12

ATTACHMENT B

PUBLIC DISCLOSURE FORM
Item 1O - Page 13
53 Item 1O - Page 14
!
PUBLIC

INTEGRITY

APPLICANT

DISCLOSURE
-
-
-
-
Name
(Print
last,
first,
middle
Initial)
E-mail
Address
Jesse
Slansky
[email protected]
-
--
-·
Positionmtle President
&
CEO,
West
Hollywood
Community
Housing
Corporation
Addres
·s
7530
Santa
Monica
Blvd,
West
Hollywood,
CA
90046
Work Phone:
323
650
8771
..
--
Reporting
Status
-
-
.
-
.
--
New
Disclosure:
✓
Update:

Every
applicant
that
is
not
an
individual
natural
person,
or
comprised
exclusively
of
natural
persons
with
no
outside
investors,
must
disclose
to
the
City
the
identity
of
each
natural
person
who
holds
or
occupies
a
significant
position
with
respect
to
that
applicant
entity
or
any
entity
that
owns
an
interest
or
derives
profits
with
respect
to
the
applicant
entity,
i.e.,
a
sub-entity. In
addition,
every
applicant
must
disclose
to
the
·city
the
identity
of
each
owner
or
investor
who
has
both
of
the
following:
(i)
an
ownership
interest
in
the
applicant
entity
with
a
value
of
two
thousand
dollars
($2,000.00)
or
more,
and
(ii)
a
material
financial
relationship
with
any
official
who
has
the
opportunity
to
vote
upon,
or
advocate
for
a
particular
result
or
outcome
with
respect
to
the
application
in
question.

A
11 significant
position°
shall
be
defined
as
follows:
i.

Officers
and
Directors
(in
the
instance
of
a
corporation);
ii.

Members
and
Managers
(in
the
instance
of
limited
liability
company);
or
iii.

Trustees
and
other
Fiduciaries
(in
the
instance
of
a
trust
or
another
organization).

A
"material
financial
relationship"
shall
be
defined
as
a
relationship
between
an
owner
or
investor
on
one
hand,
and
a
voting
or
potentially
advocating
official
on
the
other
hand,
whereby
the
official
has
an
interest
in
the
outcome
of
the
City's
action
upon
the
application
in
question
arising
from
or
related
to
any
of
the
following:

1. Any
business
that
the
owner
or investor
in
the
applicant
and
the
official
do
together
during
the
year
prior
to
the
filing
of
the
application;

2. Any
income
that
the
official
has
earned
from
the
owner
or
investor
in
the
applicant
entity
during
the
y~ar
prior
to
the
filing
of
application;

3. One
or
more
gifts,
that
the
owner
or
investor
in
the
applicant
has
given
to
the
official
during
a
year
prior
to
the
filing
of
the
application
with
a
total
of
more
than
fifty
dollars;

4. Any
money
or
value
that
the
official
will
or
might
reasonably
be
anticipated
to
gain
or
lose,
based
upon
the
ownership
interest
of
the
owner
or
investor
in
the
applicant
entity,
in
relation
to
the
outcome
of
the
City's
action
upon
the
application.
-I I
54 Item 1O - Page 15
Organization:

West
Hollywood
Community
Housing
Corporation
Address:
7530
Santa
Monica
Blvd,West
Hollywood,
CA
90046
Type
of
Organization:

California
Non-profit
Corporation
Officers:

Jesse
Slansky,
President
&
CEO
Karl
Lott,
Chair
Board
of
Directors
Alexander
Bazley,
Vice
Chair
Ryan
Leaderman,
Vice
Chair
Rodrick
Burnley,
Secretary
Allison
Higgins,
Treasurer
Michael
B.

Allderdice
Remy
De
La
Peza
Barrie
Gruner
Jim
Lion
Tiffany
Lowery
Peter
Noonan
Kenneth
Sofge
Patrick
D.

Spillane
Ownership:

Non-profit
run
byBoardofDirectors

I DECLARE
UNDER
PENAL
TY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.

Date \o
-~
.'U)
-
On
the
basis
of
information
contained
in
this
report,
I conclude
that
the
filer
is
in
compliance
with
Palm
Springs
Municipal
Code
Section

2.60,
except
as
noted
in
the
11 comments"
box
below.

Comm
-ents
-:
-.

Signature
and
Title
of
Agency's
Final
Reviewing
Official
r -
-
:
-
---·
..
...
'
.
-
:

ATTACHMENT C

ALOE PALM CANYON PRO FORMA
Item 1O - Page 16
PROJECT SUMMARY CA Housing Accelerator
Project Name Aloe Palm Canyon
Address 1475 N. Palm Canyon Drive
City, State ZIP Palm Springs, CA 92262
Site Area (sq ft) 76,230
Landscaped Area (sq ft) 0
Parking Area (sq ft) 0
Unit Summary
Studio 0
One Bedroom 71
Two Bedroom 0
Three Bedroom 0
Four Bedroom 0
Total 71
Residential Area
1st Floor (sq ft) 19,800
2nd Floor (sq ft) 19,140
Total (sq ft) 38,940
Residential Parking Spaces
Single 71
Tandem 0
Total 71
Assumptions
Residential Vacancy Factor (1) 5.00%
Perm Loan Rate (2) 5.90%
Debt Service Coverage Ratio 1.25
Current TCAC 4% Rate NA
Credit Rate (Cents per Dollar) NA
Construction Loan Rate 5.25%
Item 1O - Page 17

INCOME SUMMARY

TOTAL GROSS UTILITY NET MONTHLY VPS MONTHLY MONTHLY
UNIT SIZE % AMI # % SQ FT SQ FT RENT ALLOW. RENT RENT SUBSIDY INCOME One Bedroom 20% 25 36% 600 15,000 $330 $59 $271 $6,775 $1,537 $30,175 $36,950 One Bedroom 30% 7 10% 600 4,200 $495 $59 $436 $3,052 $1,537 $7,294 $10,346 One Bedroom 40% 0 0% 600 0 $660 $59 $601 $0 $0
One Bedroom 50% 3 4% 600 1,800 $825 $59 $766 $2,298 $2,298 One Bedroom 60% 12 17% 600 7,200 $990 $59 $931 $11,172 $11,172 One Bedroom 80% 22 32% 600 13,200 $1,320 $59 $1,261 $27,742 $27,742 Manager 1 BR 2 1,033 2,066 $0 $0
Subtotal 71 100% 43,466 $88,508
51,039 37,469
Gross Annual Rental Income $612,468 $1,062,096
Laundry/Vending Income @ $6 per unit per month $5,112
Less: Vacancy @ 5.00% per year ($53,476)
Effective Gross Annual Rental Income $1,013,732
Less: Operating Expenses @ $7,194 per unit ($510,794)
Net Operating Income $502,938
Cash Flow Available for Debt Service $402,350
Aver. AMI 48.41%
Item 1O - Page 18
I

OPERATING EXPENSE SUMMARY
YEAR 1 PER SQ FT PER UNIT PER MON
38,940 71

ADMINISTRATIVE EXPENSES
Advertising $1,500 $0.04 $21 $125
Legal $1,500 $0.04 $21 $125
Accounting/Audit $15,000 $0.39 $211 $1,250
Security $15,000 $0.39 $211 $1,250
Real Page Software 17.30 $14,324 $0.37 $202 $1,194
SUBTOTAL ADMINISTRATIVE EXPENSES $47,324 $1.22 $667 $3,944 MANAGEMENT FEE $680 $46,920 $1.20 $661 $3,910

UTILITIES
Gas $150 $10,650 $0.27 $150 $888
Electric $300 $21,300 $0.55 $300 $1,775
Water/Sewer $550 $25,850 $0.66 $364 $2,154
SUBTOTAL UTILITIES $57,800 $1.48 $814 $4,817

PAYROLL
On-Site Manager $55,000 $1.41 $775 $4,583
Maintenance Personnel $35,000 $0.90 $493 $2,917
Benefits & Compensation $25,200 $0.65 $355 $2,100
SUBTOTAL PAYROLL $115,200 $2.96 $1,623 $9,600
INSURANCE $31,150 $0.80 $439 $2,596

MAINTENANCE
Painting $8,000 $0.21 $113 $667
Repairs $25,000 $0.64 $352 $2,083
Trash Removal $7,000 $0.18 $99 $583
Exterminating $4,000 $0.10 $56 $333
Grounds $7,500 $0.19 $106 $625
Elevator $7,500 $0.19 $106 $625
SUBTOTAL MAINTENANCE $59,000 $1.52 $831 $4,917

OTHER EXPENSES
Business License Tax $5,000 $0.13 $70 $417
County Loan Monitoring Fees $6,900 $0.18 $97 $575
Other $0 $0.00 $0 $0
SUBTOTAL OTHER EXPENSES $11,900 $0.31 $168 $992
SUBTOTAL OPERATING EXPENSES $369,294 $9.48 $5,201 $30,775 Service Amenities $100,000 $2.57 $1,408 $8,333
Replacement Reserves $500 $34,500 $0.89 $486 $2,875
Real Estate Taxes $7,000 $0.18 $99 $583
TOTAL EXPENSES $510,794 $13.12 $7,194 $42,566
Asset Management Fee $15,000 $0.39 $211 $1,250
Managing General Partner Fee $10,000 $0.26 $141 $833
TOTAL PROJECT EXPENSES $25,000 $0.64 $352 $2,083
Item 1O - Page 19
Aloe Palm Canyon
DEVELOPMENT BUDGET 1/4/2023

BUDGET PER SQ FT PER UNIT ELIG BASIS
ACQUISITION 38,940 71
Land Value $2,300,000 $59 $32,394 ********
Demo $0 $0 $0 ********
Existing Improvements Value $0 $0 $0 $0
Off-Site Improvements $0 $0 $0 $0
SUBTOTAL ACQUISITION COSTS $2,300,000 $59 $32,394 $0

CONSTRUCTION
Site Work $3,874,000 $99 $54,563 $3,874,000
Structures $23,747,900 $610 $334,477 $23,747,900
General Requirements $1,381,095 $35 $19,452 $1,381,095
Contractor Overhead & Profit $1,933,533 $50 $27,233 $1,933,533 Insurance Pmt Perf Bond $1,063,443 $27 $14,978 $1,063,443 SUBTOTAL CONSTRUCTION COSTS $450,704 $31,999,971 $822 $450,704 $31,999,971

ARCHITECTURE
Design $400,000 $10 $5,634 $400,000
Supervision $200,000 $5 $2,817 $200,000
Survey & Engineering $375,000 $10 $5,282 $375,000
SUBTOTAL ARCHITECTURE COSTS $975,000 $25 $13,732 $975,000

CONSTRUCTION LOAN
Construction Interest Expense 20 $2,054,000 $53 $28,930 $0 Origination Fee 0.75% $239,950 $6 $3,380 $239,950
Real Estate Taxes $0 $0 $0 $0
Property Insurance $325,000 $8 $4,577 $325,000
Title & Recording $70,000 $2 $986 $70,000
Bank Inspector $30,000 $1 $423 $30,000
Other Lender Costs & Fees $20,000 $1 $282 $20,000
SUBTOTAL CONSTRUCTION LOAN $2,738,950 $70 $38,577 $684,950

PERMANENT FINANCING
Loan Origination Fee 1.1500% $62,459 $2 $880 ********
Application Fee $26,647 $1 $375 ********
Title & Recording $10,000 $0 $141 ********
LEGAL $45,000 $1 $634 ********
SUBTOTAL PERMANENT FINANCING $144,106 $4 $2,030 $0

LEGAL FEES
Lender Legal Paid by Applicant $75,000 $2 $1,056 $75,000 Transaction Legal Fees $75,000 $2 $1,056 $15,000
SUBTOTAL ATTORNEY COSTS $150,000 $4 $2,113 $90,000

RESERVES
Transition Reserve $67,444 $2 $950 ********
Three Month Operating Reserve $301,705 $8 $4,249 ******** SUBTOTAL RESERVE COSTS $369,149 $9 $5,199 $0

OTHER PROJECT COSTS
Appraisal Costs $10,000 $0 $141 $10,000
Hard Cost Contingency 5.50% $1,759,998 $45 $24,789 $1,759,998 Environmental Audit $50,000 $1 $704 $50,000
Local Development Impact Fees $45,000 $1 $634 $45,000
Permit Processing Fees $500 $60,000 $2 $845 $60,000
Capital Fees $0 $0 $0 $0
Marketing $15,000 $0 $211 ********
Furnishings $65,000 $2 $915 $65,000
Market Study $10,000 $0 $141 $10,000
Accounting/Reimbursables $30,000 $1 $423 ********
Soft Cost Contingency 3% $192,457.65 $5 $2,711 $192,458 ACBCI Monitoring $32,200 $1 $454 $32,200
Construction Mgmt, Deputy Inspections & Security $180,000 $5 $2,535 $180,000 Green Building Certification $60,000 $2 $845 $60,000
Lease Up Expense & Fee $500 15,000 $0 $211 ********
Predevelopment Interest & Fees $75,000 $2 $1,056 ******** SUBTOTAL OTHER COSTS $2,599,656 $67 $36,615 $2,464,656

DEVELOPER COSTS
Developer Overhead/Profit $2,200,000 $56 $30,986 $2,200,000 Consultant/Processing Agent $0 $0 $0 $0
Project Administration $0 $0 $0 $0
Broker Fees Paid to a Related Party $0 $0 $0 $0
Construction Oversight by Developer $0 $0 $0 $0
SUBTOTAL DEVELOPER COSTS $2,200,000 $56 $30,986 $2,200,000 TOTAL DEVELOPMENT COSTS $43,476,833 $1,117 $612,350 $38,414,577 Item 1O - Page 20

CASH FLOW
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15

REVENUE
Rental Revenue 2.5% $531,168 $544,447 $558,058 $572,010 $586,310 $600,968 $615,992 $631,392 $647,177 $663,356 $679,940 $696,938 $714,362 $732,221 $750,526 Other Income - PSH 2.5% $81,300 $83,333 $85,416 $87,551 $89,740 $91,983 $94,283 $96,640 $99,056 $101,533 $104,071 $106,673 $109,339 $112,073 $114,875 Rental Subsidy Income 2.5% $87,528 $89,716 $91,959 $94,258 $96,615 $99,030 $101,506 $104,043 $106,644 $109,310 $112,043 $114,844 $117,715 $120,658 $123,675 Rental Subsidy Income -PSH 2.5% $362,100 $371,153 $380,431 $389,942 $399,691 $409,683 $419,925 $430,423 $441,184 $452,213 $463,519 $475,107 $486,984 $499,159 $511,638 Other Income 2.5% $5,112 $5,240 $5,371 $5,505 $5,643 $5,784 $5,928 $6,077 $6,228 $6,384 $6,544 $6,707 $6,875 $7,047 $7,223 Less: Vacancy 5.0% ($30,935) ($31,708) ($33,294) ($34,958) ($36,706) ($38,541) ($40,469) ($42,492) ($44,617) ($46,847) ($49,190) ($51,649) ($54,232) ($56,943) ($59,790) Less: Vacancy (PSH) 5.0% ($22,170) ($22,724) ($23,860) ($25,053) ($26,306) ($27,621) ($29,003) ($30,453) ($31,975) ($33,574) ($35,253) ($37,015) ($38,866) ($40,809) ($42,850) Less: Vacancy 7.3% ($371) ($380) ($408) ($437) ($469) ($503) ($539) ($579) ($621) ($666) ($714) ($766) ($821) ($881) ($945) SUBTOTAL NET REVENUE $1,013,732 $1,039,076 $1,063,674 $1,088,817 $1,114,517 $1,140,782 $1,167,624 $1,195,052 $1,223,077 $1,251,710 $1,280,960 $1,310,839 $1,341,357 $1,372,525 $1,404,352

ADMINISTRATIVE EXPENSES
Advertising 3.5% $1,500 $1,553 $1,607 $1,663 $1,721 $1,782 $1,844 $1,908 $1,975 $2,044 $2,116 $2,190 $2,267 $2,346 $2,428 Legal 3.5% $1,500 $1,553 $1,607 $1,663 $1,721 $1,782 $1,844 $1,908 $1,975 $2,044 $2,116 $2,190 $2,267 $2,346 $2,428 Accounting/Audit 3.5% $15,000 $15,525 $16,068 $16,631 $17,213 $17,815 $18,439 $19,084 $19,752 $20,443 $21,159 $21,900 $22,666 $23,459 $24,280 Security 3.5% $15,000 $15,525 $16,068 $16,631 $17,213 $17,815 $18,439 $19,084 $19,752 $20,443 $21,159 $21,900 $22,666 $23,459 $24,280 Real Page Software 3.5% $14,324 $14,826 $15,345 $15,882 $16,438 $17,013 $17,608 $18,225 $18,862 $19,523 $20,206 $20,913 $21,645 $22,403 $23,187 SUBTOTAL ADMINISTRATIVE EXPENSES $47,324 $48,981 $50,695 $52,469 $54,306 $56,207 $58,174 $60,210 $62,317 $64,498 $66,756 $69,092 $71,510 $74,013 $76,604 MANAGEMENT FEE 3.5% $46,920 $48,562 $50,262 $52,021 $53,842 $55,726 $57,677 $59,695 $61,785 $63,947 $66,185 $68,502 $70,899 $73,381 $75,949

UTILITIES
Fuel 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Gas 3.5% $10,650 $11,023 $11,409 $11,808 $12,221 $12,649 $13,092 $13,550 $14,024 $14,515 $15,023 $15,549 $16,093 $16,656 $17,239 Electric 3.5% $21,300 $22,046 $22,817 $23,616 $24,442 $25,298 $26,183 $27,100 $28,048 $29,030 $30,046 $31,097 $32,186 $33,312 $34,478 Water/Sewer 3.5% $25,850 $26,755 $27,691 $28,660 $29,663 $30,702 $31,776 $32,888 $34,040 $35,231 $36,464 $37,740 $39,061 $40,428 $41,843 SUBTOTAL UTILITIES $57,800 $59,823 $61,917 $64,084 $66,327 $68,648 $71,051 $73,538 $76,112 $78,775 $81,533 $84,386 $87,340 $90,397 $93,561

PAYROLL
On-Site Manager 3.5% $55,000 $56,925 $58,917 $60,979 $63,114 $65,323 $67,609 $69,975 $72,424 $74,959 $77,583 $80,298 $83,109 $86,018 $89,028 Maintenance Personnel 3.5% $35,000 $36,225 $37,493 $38,805 $40,163 $41,569 $43,024 $44,530 $46,088 $47,701 $49,371 $51,099 $52,887 $54,738 $56,654 Manager's Unit Free Rent 3.5% $25,200 $26,082 $26,995 $27,940 $28,918 $29,930 $30,977 $32,061 $33,184 $34,345 $35,547 $36,791 $38,079 $39,412 $40,791 SUBTOTAL PAYROLL $115,200 $119,232 $123,405 $127,724 $132,195 $136,821 $141,610 $146,567 $151,696 $157,006 $162,501 $168,189 $174,075 $180,168 $186,474 INSURANCE 3.5% $31,150 $32,240 $33,369 $34,537 $35,745 $36,996 $38,291 $39,631 $41,019 $42,454 $43,940 $45,478 $47,070 $48,717 $50,422

MAINTENANCE
Painting 3.5% $8,000 $8,280 $8,570 $8,870 $9,180 $9,501 $9,834 $10,178 $10,534 $10,903 $11,285 $11,680 $12,089 $12,512 $12,950 Repairs 3.5% $25,000 $25,875 $26,781 $27,718 $28,688 $29,692 $30,731 $31,807 $32,920 $34,072 $35,265 $36,499 $37,777 $39,099 $40,467 Trash Removal 3.5% $7,000 $7,245 $7,499 $7,761 $8,033 $8,314 $8,605 $8,906 $9,218 $9,540 $9,874 $10,220 $10,577 $10,948 $11,331 Exterminating 3.5% $4,000 $4,140 $4,285 $4,435 $4,590 $4,751 $4,917 $5,089 $5,267 $5,452 $5,642 $5,840 $6,044 $6,256 $6,475 Grounds 3.5% $7,500 $7,763 $8,034 $8,315 $8,606 $8,908 $9,219 $9,542 $9,876 $10,222 $10,579 $10,950 $11,333 $11,730 $12,140 Elevator 3.5% $7,500 $7,763 $8,034 $8,315 $8,606 $8,908 $9,219 $9,542 $9,876 $10,222 $10,579 $10,950 $11,333 $11,730 $12,140 SUBTOTAL MAINTENANCE $59,000 $61,065 $63,202 $65,414 $67,704 $70,073 $72,526 $75,064 $77,692 $80,411 $83,225 $86,138 $89,153 $92,273 $95,503

OTHER EXPENSES
Business License Tax 3.5% $5,000 $5,175 $5,356 $5,544 $5,738 $5,938 $6,146 $6,361 $6,584 $6,814 $7,053 $7,300 $7,555 $7,820 $8,093 Parking Covenant Fee 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Other 0.0% $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 Other 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Other 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SUBTOTAL OTHER EXPENSES $11,900 $12,075 $12,256 $12,444 $12,638 $12,838 $13,046 $13,261 $13,484 $13,714 $13,953 $14,200 $14,455 $14,720 $14,993 SUBTOTAL OPERATING EXPENSES $369,294 $381,978 $395,106 $408,693 $422,756 $437,311 $452,375 $467,967 $484,104 $500,806 $518,093 $535,985 $554,503 $573,669 $593,506 Service Amenities 3.5% $100,000 $103,500 $107,123 $110,872 $114,752 $118,769 $122,926 $127,228 $131,681 $136,290 $141,060 $145,997 $151,107 $156,396 $161,869 Replacement Reserves $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 Real Estate Taxes 2.0% $7,000 $7,140 $7,283 $7,428 $7,577 $7,729 $7,883 $8,041 $8,202 $8,366 $8,533 $8,704 $8,878 $9,055 $9,236 TOTAL EXPENSES $510,794 $527,118 $544,011 $561,493 $579,585 $598,308 $617,684 $637,736 $658,487 $679,962 $702,186 $725,185 $748,987 $773,620 $799,112 NET OPERATING INCOME $502,938 $511,958 $519,662 $527,324 $534,931 $542,474 $549,940 $557,316 $564,590 $571,748 $578,774 $585,654 $592,370 $598,905 $605,240 Debt Service $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 $367,386 HCD MHP DS/ NPLH MONITORING FEE 0.42% ####### #### $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 Debt Service Coverage Ratio 1.28 1.30 1.32 1.34 1.36 1.38 1.39 1.41 1.43 1.45 1.47 1.49 1.50 1.52 1.53 CASH FLOW AFTER DEBT SERVICE $108,616 $117,636 $125,341 $133,002 $140,610 $148,152 $155,618 $162,995 $170,269 $177,426 $184,453 $191,332 $198,048 $204,583 $210,919 TCAC 25% test (1st 3 yrs) 29.56% 32.02% 34.12%
Deferred Developer Fee $108,616 $117,636 $125,341 $133,002 $140,610 $74,795 $0 $0 $0 $0 $0 $0 $0 $0 $0 Deferred Developer Fee Balance $700,000 $591,384 $473,748 $348,407 $215,404 $74,795 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Asset Management Fee $0 $0 $0 $0 $0 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Managing General Partner Fee $0 $0 $0 $0 $0 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 RESIDUAL PROJECT CASH FLOW $0 $0 $0 $0 $0 $48,358 $130,618 $137,995 $145,269 $152,426 $159,453 $166,332 $173,048 $179,583 $185,919 Item 1O - Page 21

DEBT CALCULATION
Annual Net Operating Income $502,938
Debt Service Coverage Ratio 1.25
Cash Flow Available for Debt Service $402,350

5.90%
Permanent Loan Term 35
MAXIMUM PERMANENT LOAN $5,549,952
Loan 5,431,258$
Debt Service 367,386$
Item 1O - Page 22
~
-~1~1r
WHCHC
Aloe Palm Canyon
CA Housing Accelerator

PERMANENT USES & SOURCES

AMOUNT PER SQ FT PER UNIT
DEVELOPMENT COSTS (USES) 38,940 71
Land $2,300,000 $59 $32,394
Hard Costs $31,999,971 $822 $450,704
Soft Costs $9,176,862 $236 $129,252
TOTAL USES $43,476,833 $1,117 $612,350

PERM FINANCING (SOURCES) AMOUNT PER SQ FT PER UNIT
Permanent Loan (JLL Capital) $5,431,258 $139 $76,497
CHA (HCD) $20,928,000 $537 $294,761
NPLH (HCD) $6,413,275 $165 $90,328
City of Palm Springs $7,004,300 $180 $98,652
Riverside County $3,000,000 $77 $42,254
Deferred Fee $700,000 $18 $9,859
TOTAL SOURCES $43,476,833 $1,117 $612,350
Check $0 0

CONSTRUCTION USES & SOURCES

AMOUNT PER SQ FT PER UNIT

DEVELOPMENT COSTS (USES)
Land $2,300,000 $59 $32,394
Hard Costs $31,999,971 $822 $450,704
Soft Costs $9,176,862 $236 $129,252
TOTAL USES $43,476,833 $1,117 $612,350

CONSTRUCTION FIN (SOURCES)
Construction Loan $21,993,384 $565 $309,766
LIIF $10,000,000 $257 $140,845
City of Palm Springs $7,004,300 $180 $98,652
Riverside County $3,000,000 $77 $42,254
Deferred Costs & Fee $1,479,149 $38 $20,833
TOTAL SOURCES $43,476,833 $1,117 $612,350
Check $0
Maximum Generated Fee 2,200,000
Deferred Developer Fee (700,000)
Cash Developer Fee 1,500,000
Item 1O - Page 23
5%
TCO Construction Lease-Up Stabilization Conversion
Completion

CONSTRUCTION CASH FLOW
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DEFERRED USES OF FUNDS BUDGET CLOSING Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 TOTAL TO CONVERSION Land Value 2,300,000 2,300,000 2,300,000 0
Demolition 0 0 0 0
Existing Improvements Value 0 0 0
Off-Site Improvements 0 0 0 0
Site Work 3,874,000 613,383 613,383 613,383 613,383 613,383 613,383 193,700 3,874,000 0 Structures 23,747,900 151,252 151,252 151,252 151,252 151,252 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,187,395 23,747,900 0 General Requirements 1,381,095 38,232 38,232 38,232 38,232 38,232 103,350 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 69,055 1,381,095 0 Contractor Overhead & Profit 1,933,533 12,315 12,315 12,315 12,315 12,315 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 96,677 1,933,533 0 Prevailing Wage 0 0 0
Insurance 1,063,443 1,063,443 1,063,443 0
Design 400,000 400,000 400,000 0
Supervision 200,000 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 200,000 0 Survey & Engineering 375,000 75,000 75,000 75,000 75,000 75,000 375,000 0 Construction Interest Expense 2,054,000 0 0 0 0 0 0 653 10,672 17,952 25,262 32,602 40,151 48,031 55,990 63,940 71,968 79,988 88,086 96,176 104,345 113,819 122,196 130,121 130,837 131,535 132,367 132,935 133,549 1,763,177 290,823 Const Loan Origination Fee 239,950 239,950 239,950 0
Application Fee 0 0 0
Bond Premium 0 0 0
Cost of Issuance 0 0 0
Real Estate Taxes 0 0 0
Property Insurance 325,000 325,000 325,000 0
Title & Recording 70,000 65,000 65,000 5,000
Bank Inspector 30,000 0 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 30,000 0 Other Lender Costs & Fees 20,000 20,000 20,000 0
Perm Loan Origination Fee 62,459 62,459 62,459 0
Application Fee 26,647 0 26,647
Title & Recording 10,000 0 0 10,000
Taxes, Insurance & Other 45,000 0 45,000
Lender Legal Paid by Applicant 75,000 75,000 75,000 0
Transaction Legal Fees 75,000 75,000 75,000 0
Rent Reserves 67,444 0 67,444
Capitalized Rent Reserves 0 0 0
Three Month Operating Reserve 301,705 0 301,705
Additional Lender Req'd Reserve 0 0 0
Appraisal Costs 10,000 10,000 10,000 0
Hard Cost Contingency 1,759,998 0 44,835 44,835 44,835 44,835 44,835 125,879 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 90,456 143,565 0 0 0 0 0 0 1,759,998 0 TCAC 0 0 0 0
Environmental Audit 50,000 50,000 50,000 0
Local Development Impact Fees 45,000 45,000 45,000 0
Permit Processing Fees 60,000 (30,000) 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 60,000 0 Capital Fees 0 0 0
Marketing 15,000 5,000 5,000 5,000 15,000 0
Furnishings 65,000 25,000 50,000 75,000 (10,000)
Market Study 10,000 10,000 10,000 0
Accounting/Reimbursables 30,000 10,000 20,000 30,000 0
Soft Cost Contingency 192,458 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 9,165 192,458 0 Relocation 32,200 32,200 32,200 0
Replacement Reserves 0 0 0
Const Mgmt, Dep Inspec & Security 180,000 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 180,000 0 Green Building Certification 60,000 0 5,000 5,000 5,000 5,000 5,000 5,000 30,000 60,000 0 Lease Up Expense & Fee 15,000 5,000 5,000 5,000 15,000 0 Predevelopment Interest & Fees 75,000 75,000 75,000 0
Developer Overhead/Profit 2,200,000 450,000 300,000 750,000 1,500,000 700,000 Consultant/Processing Agent 0 0 0
Project Administration 0 0 0
Broker Fees Paid to a Related Party 0 0 0
Construction Oversight by Developer 0 0 0
TOTAL DEVELOPMENT COSTS 43,476,833 5,353,053 103,460 973,477 973,477 973,477 893,477 893,477 2,448,693 1,779,237 1,786,517 1,793,827 1,796,167 1,803,715 1,821,596 1,819,555 1,837,505 1,835,533 1,853,553 1,851,651 1,869,741 2,167,910 1,917,384 1,813,788 166,321 162,037 192,735 132,367 142,935 133,549 750,000 0 42,040,214 1,436,619 $736,619.08

SOURCES OF FUNDS
Construction Loan 20,966,384 0 0 0 0 0 0 0 0 0 0 0 703,897 1,763,565 1,773,565 1,763,565 1,773,565 1,763,565 1,773,565 1,763,565 1,773,565 2,063,565 1,803,565 1,691,591 36,200 31,200 61,200 (0) 10,000 0 0 20,549,737 416,647 LIIF 8,973,000 0 159,597 2,448,040 1,768,565 1,768,565 1,768,565 1,059,668 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0) 0 0 0 8,973,000 0 Interest Reserve 2,054,000 0 0 0 0 0 0 653 10,672 17,952 25,262 32,602 40,151 48,031 55,990 63,940 71,968 79,988 88,086 96,176 104,345 113,819 122,196 130,121 130,837 131,535 132,367 132,935 133,549 0 1,763,177 290,823 Land Value Local Return 0 0 0
City of Palm Springs 7,004,300 2,353,053 103,460 973,477 973,477 973,477 893,477 733,880 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,004,300 0 Permanent Local Housing Allocation 3,000,000 3,000,000 0 3,000,000 0 Deferred Costs & Fee 1,479,149 0 729,149
TOTAL SOURCES 43,476,833 5,353,053 103,460 973,477 973,477 973,477 893,477 893,477 2,448,693 1,779,237 1,786,517 1,793,827 1,796,167 1,803,715 1,821,596 1,819,555 1,837,505 1,835,533 1,853,553 1,851,651 1,869,741 2,167,910 1,917,384 1,813,788 166,321 162,037 192,735 132,367 142,935 133,549 0 0 41,290,214 1,436,619 Cumulative Construction Loan 0 0 0 0 0 0 0 0 0 0 0 703,897 2,470,541 4,254,914 6,037,094 7,837,071 9,634,922 11,450,639 13,264,300 15,095,895 17,225,503 19,104,428 20,879,599 21,007,146 21,130,251 21,283,894 21,377,009 21,480,531 21,574,507 21,668,894 Interest Calculation (Monthly) 0.44% 0 0 0 0 0 0 0 0 0 0 0 3,079 10,808 18,615 26,412 34,287 42,152 50,096 58,030 66,043 75,360 83,580 91,347 91,905 92,443 93,115 93,523 93,976 94,387 Total Balance 0 0 0 0 0 0 0 0 0 0 0 706,976 2,481,349 4,273,529 6,063,506 7,871,357 9,677,074 11,500,735 13,322,330 15,161,938 17,300,863 19,188,008 20,970,946 21,099,051 21,222,694 21,377,009 21,470,531 21,574,507 21,668,894 LIIF 0 0 0 0 0 0 159,597 2,608,290 4,387,527 6,174,044 7,967,871 9,060,142 9,097,213 9,134,435 9,171,810 9,209,338 9,247,020 9,284,856 9,322,846 9,360,992 9,399,294 9,437,753 9,476,369 9,515,143 9,554,076 9,593,168 9,632,420 9,671,833 9,711,407 9,751,143 9,791,041 Interest Rate 0.41% 0 0 0 0 0 0 653 10,672 17,952 25,262 32,602 37,071 37,223 37,375 37,528 37,682 37,836 37,991 38,146 38,302 38,459 38,616 38,774 38,933 39,092 39,252 39,413 39,574 39,736 39,898 40,062 Total Balance 0 0 0 0 0 0 160,250 2,618,962 4,405,479 6,199,307 8,000,473 9,097,213 9,134,435 9,171,810 9,209,338 9,247,020 9,284,856 9,322,846 9,360,992 9,399,294 9,437,753 9,476,369 9,515,143 9,554,076 9,593,168 9,632,420 9,671,833 9,711,407 9,751,143 9,791,041 9,831,103 Item 1O - Page 24

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

DELINQUENT WASTE DISPOSAL CHARGES
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

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

CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE

DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE

PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX
ROLLS FOR COLLECTION.”

2. Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: MAY 25, 2023 PUBLIC HEARING

SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES

FROM: Scott C. Stiles, City Manager

BY: Office of Sustainability

SUMMARY
:

All residential properties, in accordance with the Municipal C ode, must have trash collection services and pay a mandatory waste disposal fee, unless granted an exemption from the City. Annually, the City receives a list from its franchised waste hauler, P alm Springs Disposal Services, of all properties that have not paid their waste disposal fee. In order to collect the unpaid charges, Palm Springs Disposal Services, pursuant to their franchise agreement with the City, has requested that these properties b e placed on the County Property Tax Rolls for collection. The waste hauler has made all reasonable efforts to diligently pursue and collect all fees and charges due to them. However, a number of accounts still remain unpaid as indicated in the list on file in the City Clerk’s Office. This action is consistent with past practice and the applicable legal requirements.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

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

CITY OF PALM SPRINGS, CALIFORNIA , DETERMINING CERTAIN WASTE

DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE

PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX
ROLLS FOR COLLECTION.”

BACKGROUND:

The City requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee, unless granted an exemption as provided under Palm Springs Municipal Code Section 6.04.200(d). The collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large.

Item 2A - Page 1
City Council Staff Report
May 25, 2023 -- Page 2
Delinquent Waste Disposal Charges

State law authorizes cities to collect trash bills (or, if they wish, only delinquent trash bills) on the tax rolls (Sections 38790.1 and 25831 of the California Government Code). The justification for this is that the provision of trash service does, in the State Legislature’s view, provide value to the real property – specifically, it prevents the property from becoming a nuisance.

STAFF ANALYSIS
:

Each year Palm Springs Disposal Services provides a list of all delinquent accounts to the City for placement on the property tax rolls. Collection of delinquent solid waste charges through the tax rolls is authorized under Palm Springs Municipal Code Section

6.04.215 and Sections 38790.1 and 25831 of the California Government Code.

This year, a total of 796 customers were identified with delinquent accounts representing approximately $5 67,728 in lost revenues to the waste disposal company. A list of all delinquent accounts is available to the public by calling the City Clerk’s Office at (760) 323-8204.

Notification of this hearing was mailed to each property owner on the delinquent list in advance of the 14- day notification deadline. Since the mailing of these notices, Palm Springs Disposal Services has received payment from numerous property owners, reducing the need to lien all properties on the list. City of Palm Springs staff has also received calls from property owners and has assisted them in contacting Palm Springs Disposal Service to make payments. Delinquent account holders may contact Palm Springs Disposal until June 9, 2023 at 5 PM to pay the balance due by credit card, check or cash.

A final list, with any payments, credits and other adjustments received after the public hearing, will be submitted to the County Auditor-Controller’s Office on June 30, 2023. Any account still delinquent after this date will be placed on the County property tax rolls for collection. All amounts collected by the County will be remitted to the City. Palm Springs Disposal Services has agreed to pay the City 10% of the total amount collected as reimbursement of its cost to place these accounts on the tax rolls.

The proposed hearing is consistent with past practice and applicable legal requirements.

Action to collect debts through the tax roll process is a cost effective and efficient method of debt collection. Moreover, if Palm Springs Disposal Services is unable to collect from these delinquent accounts, the service fees for all other customers may have to be increased to cover the bad debt.

ENVIRONMENTAL ASSESSMENT
:

Section 15061 (b)(3) of the California Environmental Quality Act (“CEQA”) Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it Item 2A - Page 2
City Council Staff Report
May 25, 2023 -- Page 3
Delinquent Waste Disposal Charges

can be seen with certainty that there is no possibility the activity in question may have a significant effect upon the environment, the activity is not subject to CEQA.

FISCAL ANALYSIS:

Because the City receives franchise, administrative, recycli ng and diversion facility fees from Palm Springs Disposal Services, collection from all delinquent accounts should provide additional revenues to the City. In addition, Palm Springs Disposal Services has agreed to pay the City 10% of the total amount collected as reimbursement of its expenses for placing these delinquent accounts on the tax roll.

REVIEWED BY:

Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS
:

A. Resolution
B. Notice of Public Hearing
C. Declaration & Letter from Palm Springs Disposal Services D. List of Delinquent Waste Charges (on file with the City Clerk)

Item 2A - Page 3

ATTACHMENT A

Item 2A - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN

WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND

DIRECTING THE PLACEMENT OF THESE ACCOUNTS ON
THE COUNTY PROPERTY TAX ROLL FOR COLLECTION.

WHEREAS, the City Council has determined that the collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large; and

WHEREAS, the City of Palm Springs (“City”) requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee unless granted an exemption as provided under Palm Springs Municipal Code Section

6.04.200(d); and

WHEREAS, the City’s franchised waste hauler, Palm Springs Disposal Services, is required to provide trash collection services to all residential properties regardless of whether payment has been made; and

WHEREAS, in lieu of Palm Springs Disposal Services discontinuing service where accounts beco me delinquent, the City of Palm Springs has agreed that the collection of delinquent accounts shall, after public hearing thereon, be made in the same manner, and at the same time, as the collection of ad valorem tax assessments; and

WHEREAS, Section 3879 0.1 of the California Government Code authorizes the City to collect delinquent refuse bills through the placement of a special assessment to be collected with county taxes; and

WHEREAS, pursuant to Section 38790.1 and 25831 of the California Government Code all property owners have been notified of the delinquent account and the public hearing has been noticed and scheduled for May 25, 2023; and

WHEREAS, the City Council, on May 2 5, 202 3, held a duly -noticed public hearing on the delinquent accounts, heard all protests thereto, and found that said accounts were delinquent and should be placed on the tax roll to be collected as ad valorem tax assessments, as provided by California Governme nt Code Section 38790.1 and Section 6.04.215 of the Palm Springs Municipal Code.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Springs, as follows:

Item 2A - Page 5
Section 1. That Section 6.04.200 of the Palm Springs Municipal Code provides that trash collection services is mandatory, and the City Council hereby finds that the collection of the delinquent waste disposal charges, together with general taxes, is in the best interest of the health and welfare of the community.

Section 2.

The list of properties and the amount to be collected, on file in the office of the City Clerk, shall be forwarded to the County Auditor -Controller for placement on the tax bill as a special assessment in accordance with the provisions of Section 38790.1 of the Government Code and Section 6.04.215 of the Palm Springs Municipal Code. The list shall be updated prior to submission to the County Auditor - Controller to reflect all payments, credits and any other adjustments as of June 9 , 2023.

ADOPTED THIS 25TH DAY OF MAY, 2023.

________________________________
SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 2A - Page 6

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda Pree, City Clerk
City of Palm Springs, California

Item 2A - Page 7

ATTACHMENT B

Item 2A - Page 8

NOTICE OF PUBLIC HEARING

CITY COUNCIL, CITY OF PALM SPRINGS

PLACEMENT OF DELINQUENT TRASH SERVICE FEES ON THE COUNTY TAX ROLLS NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs beginning at 5:30 p.m., on May 25, 2023 to consider the following:

Pursuant to Health and Safety Code Section 5473(a) and Government Code Section 25831, a written report has been filed with the City Clerk of the City of Palm Springs containing a description of each parcel of real property receiving waste disposal service for which payment is delinquent and containing the amount of delinquent waste disposal service charges for each such parcel for the period ending June 30, 2022, computed in conformity with the charges prescribed in Section 6.04.200 of the Palm Springs Municipal Code.

The purpose of the hearing is to determine whether the delinquent waste disposal charges described in said report shall be collected with and not separately from, the general taxes of the City of Palm Springs. This means that, if the delinquent charges are not paid in a timely manner, they may be assessed against the property and collected as a tax lien.

If you wish to protest the charges you may respond to this notice verbally at the public hearing in the manner available and/or in writing before the public hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to:

Brenda Pree, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this matter may be directed to Lindsey-Paige McCloy, at Lindsey- [email protected] or (760) 323-8214.

To avoid having a lien placed against your property you must pay the assessment amount directly to Palm Springs Disposal Services by June 9, 2023. When making payment please write ‘LIEN’ on your payment envelope as well as on your payment. Palm Springs Disposal Services, P.O. Box 2711, Palm Springs, CA 92263-2711, (760) 327-1351.

Item 2A - Page 9
AVISO DE AUDIENCIA PÚBLICA

MUNICIPALIDAD DE LA CIUDAD DE PALM SPRINGS
ASIGNACIÓN DE LOS HONORARIOS DEL SERVICIO DE BASURA EN MORA EN LAS

LISTAS DE IMPUESTOS DEL CONDADO
SE NOTIFICA POR LA PRESENTE que el Consejo Municipal de la Ciudad de Palm Springs, California, llevará a cabo una audiencia pública en las cámaras de consejo de la ciudad, 3200 East Tahquitz Canyon Way, Palm Springs a partir de las 17:30 horas el 25 de mayo de 2023 para considerar lo siguiente:

De conformidad con la Sección 5473(a) del Código de Salud y Seguridad y la Sección 25831 del Código de Gobierno, se ha presentado un informe escrito ante el la oficina del Secretario de la Ciudad de Palm Springs que contiene una descripción de cada parcela de bienes inmuebles que reciben el servicio de eliminación de desechos, cuyo pago está atrasado y que contiene el monto de los cargos por servicio de eliminación de desechos atrasados por cada una de dichas parcelas para el periodo que finaliza el 30 de junio de 2022, calculado de conformidad con los cargos prescritos en la Sección

6.04.200 del Código Municipal de Palm Springs.

El propósito de la audiencia es para determinar si los cargos morosos por eliminación de residuos en mora descritos en dicho informe se cobrarán conjuntamente con los impuestos generales de la Ciudad de Palm Springs, y no por separado. Esto significa que, si los cargos en mora no se pagan a tiempo, esos cargos pueden ser evaluados contra la propiedad y recolectados impuestos contra la propiedad y cobrar como un gravamen fiscal.

Si desea protestar los cargos, puede responder a este aviso verbalmente en la audiencia pública de la manera disponible o por escrito antes de la audiencia pública. Comentarios Sse pueden hacer comentarios por escrito (por correo o con entrega en mano) a la oficina del Secretario de la ciudad de Palm Springs l Consejo de la Ciudad por carta (por correo o con entrega en mano) a:

Brenda Pree, Secretario de la Ciudad
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
En dicha audiencia se dará la oportunidad a todos los interesados de expresarse. Las preguntas sobre este asunto pueden dirigirse a Lindsey-Paige McCloy por correo electrónico a la dirección a [email protected] o por teléfono al (760) 323-8214.

Para evitar que se ponga un gravamen sobre su propiedad, debe pagar la cantidad de la evaluación directamente a Palm Springs Disposal Services antes del 9 de junio de 2023.

Cuando haga el pago, escriba "LIEN" en su sobre de pago, así y como en su pago. Favor de enviar su pago a Palm Springs Disposal Services, P.O Box 2711, Palm Springs, CA 92263- 2711, (760) 327-1351.

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Item 2A - Page 10
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ATTACHMENT C

Item 2A - Page 11
Item 2A - Page 12
May 16, 202 3
City of Palm Springs
Ms. Lindsey-Paige McCloy
Office of Susta inability
P. 0. Box 2743
Palm Springs CA 92263
Regarding Property Tax Liens
Dear Ms. Lindsey-Paige McCloy:

Palm Springs Disposal Services
4690 East Mesquite Avenue
P.O. Box 2711
Palm Springs, California 92262-2711
760-327-1351
Enclosed are items require d in placing accounts in arrears on the tax roll for collection, and for the Pub lic Hearing schedu led on May 25, 2023.

1. An affidavit certifying the mailing of Notice to accounts in arrears.

2. PDF copy dated May 17, 2023, listing the accounts in arrears, which we are submitting for presentation to the City Counci l.

3. We submit the proposed account s a nd request that arrears be placed on th e property tax ro lls for collection. Any payments received will be app lied against the arrears up to the dead line estab lished for the County submitta l (June 9, 2023). If arrears are paid in full and received prior to the deadline, the account will be removed from the County Rolls.
ts: 796 Accounts Total Due $567,728.45
Item 2A - Page 13
I, Chris Cunningham declare as follows: I am an employee of Palm Springs Disposal Services Inc., over the age o f 18. My business address is 4690 E. Mesquite Ave., P.O. Box 2720, Palm Springs, California , 92263-2 711. On May I, 2023 served the attached:

NOTICE OF FILING REP ORT AND NOTICE OF HEARING RE: COLLECTlON Of DELINQU ENT WASTE DISPOSAL CHARGES WITH GENERAL TAXES by placing a copy thereof~ postage paid, in an enve lope add ressed to eac h of the person s listed and at the addresses shown on that certain docum ent entitl ed" List All Tax Roll Candid ates" for the City of Palm Springs as of this date -May 1, 2023 a copy of which is on file with the Sustainability Department , City of Desert Hot Springs, CA, and placed each of said envelopes for mailing in the United States Post Office at Palm Sp rings, California.

I declare under penal ty of perjury that the foregoing is true and conect. Execut ed at Palm Springs, C~ y 17, 2023 .

CR -
(Sig nature)

ATTACHMENT D

LIST OF DELINQUENT WASTE

DISPOSAL CHARGES
(ON FILE WITH CITY CLERK)

Item 2A - Page 14

Item 2A - Page 15

CITY COUNCIL STAFF REPORT
05/25/2023
SUBJECT:

AN APPLICATION BY THE CITY OF PALM SPRINGS FOR THE HISTORIC DESIGNATION OF “THE TAHQUITZ RESORT GOLF COURSE CLUBHOUSE” LOCATED AT 1885 LAWRENCE CROSSLEY ROAD, CASE HSPB #149. (APN #681-250-012) (SY)
RECOMMENDATION:

Open the public hearing and receive public testimony. 1.

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

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE TAHQUITZ RESPORT GOLF COURSE CLUBHOUSE” LOCATED 1885 LAWRENCE CROSSLEY ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #149, SUBJECT TO CONDITIONS (APN 618-250-012).”

2. Attachments
Item 2B

CITY COUNCIL STAFF REPORT

DATE: M AY 25, 2023 PUBLIC HEARING

SUBJECT: AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE TAHQUITZ RESORT GOLF COURSE
CLUBHOUSE” LOCATED AT 1885 LAWRENCE CROSSLEY ROAD,
CASE HSPB #149. (APN #681-250-012) (SY)

FROM: Scott C. Stiles, City Manager

BY: Development Services Department

SUMMARY:

The Tahquitz Resort Golf Course Clubhouse is a C ity-owned property designed by architect Hugh Kaptur. The site was added to the Historic Site Preservation Board (HSPB) annual work plan as a City-initiated application for Class 1 (Landmark) designation. The proposed period of significance is 1967 when the clubhouse building was completed.

If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.

The Historic Site Preservation Board (HSPB) and staff have evaluated the request in accordance with the historic designation ordinance and applicable state/federal regulations, and determined it qualifies as a Class 1 (Landmark) site.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution No . _____, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE TAHQUITZ RESPORT GOLF COURSE CLUBHOUSE ” LOCATED 1885 LAWRENCE CROSSLEY ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #149, SUBJECT TO CONDITIONS (APN 618-250- 012).”

BACKGROUND AND SETTING:

The attached historic resources report dated March 16, 2023, prepared for the City by Item 2B - Page 1
City Council Staff Report
May 25, 2023 – Page 2
Historic Designation – The Tahquitz Resort Golf Course Clubhouse

Chattel (“the report”), and a site visit with Board members are the basis of this staff report.

Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

October 2021 HSPB voted to include the Tahquitz Resort Golf Course Clubhouse to the annual work plan as a City-initiated nomination.

March 2023 Site inspection by members of the HSPB and City Staff.

April 2023 HSPB considered the case at a public hearing and voted 5 to 0 to recommend Class 1 designation.

Ownership Status
April, 1978 City-owned property.

The Tahquitz Resort Golf Course Clubhouse is a one- story structure completed during the “post-World War II” context (1945- 1969). During this time, tourism became a critical economic driver that included various outdoor recreational activities such as golf . The design of the clubhouse embodies Modernist design principals and responds to the important role of aviation.

ANALYSIS AND FINDINGS:

The Board’s analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated April 4, 2023.

In order to be designated a historic landmark, a resource must exhibit exceptional historic significance and meets one or more of the criteria listed in Section 8.05.070.C.1.a. The Board made findings in support of Class 1 (Landmark) designation based on the following criteria:

PSMC 8.05.070, (5,C,1,Part a). The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;

(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his a ge, or that possesses high artistic value;

The Board also made findings pursuant to PSMC 8.05.070, (5,C,1,Part b); “Historic Integrity” that the Tahquitz Resort Golf Course Clubhouse possesses sufficient historic integrity to qualify as a Class 1 (Landmark) historic site.

Item 2B - Page 2
City Council Staff Report
May 25, 2023 – Page 3
Historic Designation – The Tahquitz Resort Golf Course Clubhouse

The HSPB included the following recommendations for consideration as part of this request for designation:

1. The timber and canvas structure on the main façade be removed.

2. The City consider working with the architect, Hugh Kaptur, on the removal of the canvas structure and any subsequent alterations to the building.

These recommendations have been forwarded to the appropriate City agencies for consideration.

CONCLUSION:

The Tahquitz Resort Golf Course Clubhouse meets the definition of a historic resource based on Criterion 3, 4 and 5 of the Palm Springs Historic Preservation Ordinance. The property possesses sufficient historic integrity to qualify as a Class 1 (“Landmark”) site.

The HSPB recommendation to the City Council reflects these findings which are outlined in the attached draft City Council resolution.

ENVIRONMENTAL ASSESSMENT

The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

NOTIFICATION

Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, written notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property and notice was published in a newspaper of general circulation.

FISCAL IMPACT:

None.

REVIEWED BY:

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

Item 2B - Page 3
City Council Staff Report
May 25, 2023 – Page 4
Historic Designation – The Tahquitz Resort Golf Course Clubhouse

ATTACHMENTS:

A. Vicinity Map.

B. Draft Resolution.

C. Application, related background materials, photos.

D. HSPB resolution, staff report, minute excerpt.

Item 2B - Page 4

ATTACHM
ENT A
Item 2B - Page 5
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #149 – Tahquitz Resort Golf Course Clubhouse
1885 Lawrence Crossley Road
Area Subject to
Designation
(Clubhouse)
Item 2B - Page 6
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ATTACHMENT B
Item 2B - Page 7
Resolution No.____

Page 2 of 8 ends

Palm Springs City CouncilMay 25, 2023

Palm Springs City Council
May 25, 2023