Agenda packet — Palm Springs City Council, September 26, 2023 (part 1 of 8)

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.

SEPTEMBER 26, 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

3:30 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

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) September 26, 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:

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

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

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

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

B. APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION AND THE TRAILS

MANAGEMENT SUBCOMMITTEE, AND ACCEPTANCE OF A RESIGNATION

FROM THE HUMAN RIGHTS COMMISSION
RECOMMENDATION:

Appoint Bobby T. Rimas to the Human Rights Commission, effective immediately, to a term expiring on June 30, 2026.

1. Accept the resignation of Donna Shepherd from the Human Rights Commission effective immediately.

2. Appoint Rick Minjares, Engineering Associate, to the Coachella Valley Conservation Commission Trails Management Subcommittee.

3. September 26, 2023 City Council Regular Meeting Agenda 3

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

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

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 07-08-23, 07-22-23, 08-05-23 AND 08-19-23 TOTALING $9,558,129.81 AND ACCOUNTS PAYABLE WARRANTS DATED 07-06-23, 07-20-23, 08-03-23 AND 08-17-23 TOTALING $24,867,436.59, IN THE AGGREGATE AMOUNT OF $34,425,566.40, DRAWN ON BANK OF AMERICA.

D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2023, AND AUGUST 1 THROUGH AUGUST 31, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 31, 2023, and August 1 through August 31, 2023.

E. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 249 SOUTH INDIAN CANYON DRIVE (APN: 513-154-004, CITY DOWNTOWN BARISTO PARKING

STRUCTURE)
RECOMMENDATION:

Authorize the City Manager to execute a Grant of Easement to Southern California Edison Company for underground electrical supply systems and communications systems across a portion of the property identified by Assessor’s Parcel Number 513-154-004 located at the City’s Downtown Baristo Parking Structure at 249 S.

Indian Canyon Drive.

F. APPROVE A PROFESSIONAL SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO CAROLLO ENGINEERS INC. IN THE AMOUNT OF $412,214 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16
RECOMMENDATION:

Authorize the City Manager to approve a professional services agreement in an amount not to exceed $412,214 with Carollo Engineers, Inc., for design services of odor control improvements.

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

G. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A. WEBB September 26, 2023 City Council Regular Meeting Agenda 4 G. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT A8356 FOR THE PALM

CANYON DRIVE / INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03
RECOMMENDATION:

Authorize an increase in the amount of $75,716 to Purchase Order No. 20001072 for additional Civil Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive / Indian Canyon Drive / Camino Parocela Traffic Roundabout, City Project No. 20-03.

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

H. APPROVE SIX PURCHASE AND SALE OF PUBLIC ARTWORK AGREEMENTS

FOR THE PILLARS OF PALM SPRINGS PUBLIC ART PROJECT ON THE EAST

TAHQUITZ CANYON WAY MEDIAN ART PADS BETWEEN SUNRISE WAY AND

EL CIELO ROAD
RECOMMENDATION:

Approve six purchase and sale of public artwork agreements for the Pillars of Palm Springs Public Art Project by artists Roger Reutimann (Creativity) in the amount of $47,000, Scott Froschauer (Equality) in the amount of $50,000, Anne Faith Nicholls (Serenity) in the amount of $44,000, Bernard Stanley Hoyes (Diversity) in the amount of $50,000, Jessup + Cooning (Civility) in the amount of $50,000, and MIDABI (Community) in the amount of $50,000.

1. Authorize the City Manager to execute all necessary agreements to implement the Pillars of Palm Springs Public Art Project.

2. I. A REQUEST BY STEVE RAWLINGS, ON BEHALF OF PERRY’S PALM SPRINGS,

LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A NEW LIQUOR STORE, PERRY’S PALM SPRINGS, LLC, WITH A TYPE 20 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN:
505-302-006), ZONE PD 48, (CASE PCN-2023-0006)
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPRINGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”

September 26, 2023 City Council Regular Meeting Agenda 5

J. A REQUEST BY STEVE RAWLINGS, ON BEHALF OF APRO, LLC, FOR A

RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO PERMIT A LIQUOR LICENSE WITHIN CENSUS TRACT 0445.24 TO ALLOW THE SALE OF

SPIRITS, WINE, AND BEER FOR OFF-SITE CONSUMPTION AT AN EXISTING CONVENIENCE STORE/GAS STATION LOCATED AT 19995 NORTH INDIAN CANYON DRIVE (APN: 666-330-039), ZONE HC, (CASE PCN-2023-0005) RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE CONVENIENCE STORE LOCATED AT 19995 NORTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NO. 0445.24.”

K. APPROVE THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT

AGREEMENT WITH COMMUNITY HOUSING OPPORTUNITIES CORPORATION FOR THE MONARCH PROJECT LOCATED AT 3290 N INDIAN CANYON DRIVE, A 60-UNIT AFFORDABLE HOUSING PROJECT IN THE CITY OF PALM SPRINGS RECOMMENDATION:

Approve a Third Amendment to the Disposition and Development Agreement with Monarch PS, LP to increase the loan amount by $2,200,000.

1. Authorize the City Manager to execute the Third Amendment to the Disposition and Development Agreement, and other necessary documents as needed.

2. L. APPROVE A TASK ORDER UNDER ON-CALL CONTRACT NO. A8874 FOR M.

ARTHUR GENSLER JR. & ASSOCIATES, INC., IN THE AMOUNT OF $261,500

FOR FIRE STATION SPACE PLANNING
RECOMMENDATION:

Authorize the City Manager to approve a task order under on-call Contract No.

A8874 in an amount not to exceed $261,500 with M. Arthur Gensler Jr. & Associates, Inc., an ‘on-call’ firm, for architectural design services for Fire Station Space Planning.

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

2. September 26, 2023 City Council Regular Meeting Agenda 6

M. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B206 WITH M. BREY

ELECTRIC, INCORPORATED DBA MBE CONSTRUCTION FOR ON-CALL

ELECTRICAL REPAIR AND INSTALLATION SERVICES FOR PALM SPRINGS

INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement 23B206 with M. Brey Electric, Incorporated dba MBE Construction to provide on-call electrical repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

N. APPROVE A TWO-YEAR COOPERATIVE SUBSCRIPTION AGREEMENT WITH INSIGHT PUBLIC SAFETY, INC. FOR THE IMPLEMENTATION AND
DEPLOYMENT OF 15 FLOCK SAFETY FIXED ALPR CAMERAS
RECOMMENDATION:

Approve Cooperative Subscription Agreement No. 23C214 with Insight Public Sector, Inc. for 2 years, not to exceed $99,750 to implement Flock Safety fixed Automated License Plate Recognition (ALPR) technology.

1. Authorize the City Manager or designee to execute the agreement.2.

O. APPROVE AN EMERGENCY CONTRACT SERVICES AGREEMENT NO. 23E228

WITH UNIVERSAL PROTECTION SERVICE LP DBA ALLIED UNIVERSAL

SECURITY SERVICES FOR AVIATION WORKERS AND INBOUND CARGO

SCREENING FOR PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve an emergency Contract Services Agreement No. 23E228 with Universal Protection Service, LP dba Allied Universal Security Services to provide aviation worker and inbound cargo screening at the Palm Springs International Airport in an amount not to exceed $267,074.08, for the initial one-year term beginning September 25, 2023, through September 24, 2024.

1. Appropriate $267,074.08 from Airport Fund 415 to Account 4157026.40105 budget.

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

September 26, 2023 City Council Regular Meeting Agenda 7

P. APPROVAL OF AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT

WITH WISE EDUCATION TECHNOLOGY DBA OAKSTERDAM UNIVERSITY, A

CALIFORNIA CORPORATION, TO PROVIDE WORKFORCE AND BUSINESS

DEVELOPMENT FOR THE CANNABIS EQUITY PROGRAM
RECOMMENDATION:

Approve Amendment No. 3 to Contract Services Agreement No. A9029 with Oaksterdam University to provide workforce and business development for the Cannabis Social Equity program to a maximum contract amount of $86,227.50.

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

Q. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT

LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES
RECOMMENDATION:

Adopt Ordinance No. 2084 entitled, " AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS

MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.”

R. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A8993 WITH IMPRENTA COMMUICATIONS GROUP, INC., FOR ON-CALL SPANISH LANGUAGE DIGITAL

MARKETING SERVICES
RECOMMENDATION:

Approve Amendment No. 2 to Agreement A8993 with Imprenta Communications Group, Inc., to provide on-call Spanish language digital marketing services in an additional amount of $20,000 for a total revised contract amount not to exceed $95,000, and extend the term through December 31, 2023.

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

September 26, 2023 City Council Regular Meeting Agenda 8

S. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B166 WITH LILYPAD EV LLC FOR THE PURCHASE AND DELIVERY OF 80 ELECTRIC VEHICLE

CHARGING STATIONS FOR PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION:

Approve Contract Services Agreement No. 23B166 with LilyPad EV LLC to provide the purchase and delivery of 80 electric vehicle charging stations, warranty, and 5-years of operation and maintenance services at the Palm Springs International Airport in an amount not to exceed $499,102.92 for the initial five-year term beginning September 26, 2023 through September 25, 2028, with one five-year extension option at the City’s sole discretion.

1. Appropriate $199,102.92 from the Airport Special Capital Projects Fund Balance for this purchase.

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

T. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B205 WITH MCCLOSKEY MECHANICAL CONTRACTORS, INC. FOR ON-CALL HEATING, VENTILATION

AND AIR CONDITIONING MAINTENANCE REPAIR SERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement 23B205 with McCloskey Mechanical Contractors, Inc. to provide on-call HVAC maintenance repair services for the Palm Springs International Airport in an amount not to exceed $900,000 for the initial three-year term beginning October 1, 2023 through September 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.

U. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B204 WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION SERVICES

FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Services Agreement 23B204 with Red Hawk Services, Inc. to provide on-call fence repair and installation services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion.

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

September 26, 2023 City Council Regular Meeting Agenda 9

V. APPROVE THE DONATION OF A 2010 MIGHTY MOVER TRAILER, EQUIPMENT NO. 2T9210, TO THE INDIO POLICE DEPARTMENT
RECOMMENDATION:

Waive the surplus equipment bid and auction requirements of Section 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 2010 Mighty Mover trailer to the Indio Police Department.

1. Authorize the City Manager to execute all necessary documents2.

W. ADOPT A RESOLUTION IDENTIFYING PALM SPRINGS, CALIFORNIA, AS A PARTNER WITH THE GOVERNOR’S OFFICE OF EMERGENCY SERVICES IN

THE QUAKE SAFE CITY PROGRAM
RECOMMENDATION:

Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, TO PARTICIPATE IN THE CALIFORNIA QUAKE SAFE CITY PROGRAM"

X. UPDATE ON SISTER CITY PROGRAM
RECOMMENDATION:

Allow Al Jones, President of the Board, to update Council on the program and its activity.

Y. AUTHORIZE ISSUANCE OF A LETTER TO GOVERNOR GAVIN NEWSOM

REGARDING THE URGENT NEED FOR FUNDING FOLLOWING TROPICAL

STORM HILARY
RECOMMENDATION:

Authorize issuance of a letter to Governor Gavin Newsom regarding the urgent need for funding following Tropical Storm Hilary.

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

September 26, 2023 City Council Regular Meeting Agenda 10

2. PUBLIC HEARINGS:

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

AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND

APPROVE THE ASSOCIATED EIR ADDENDUM
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, APPROVING AN

ADDENDUM TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL
IMPACT REPORT TO THE 2007 GENERAL PLAN FOR AN AMENDMENT TO THE HOUSING ELEMENT AND ADOPTING THE 2021-2029 HOUSING ELEMENT UPDATE.”

2. 3. BUSINESS & LEGISLATIVE:

A. APPROVE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE

AND KITCHEN FOR OPERATIONS OF THE PALM SPRINGS ACCESS CENTER LOCATED AT 225 EL CIELO ROAD, AND THE EARLY ENTRY FACILITY AND NAVIGATION CENTER LOCATED AT 3589 MCCARTHY ROAD
RECOMMENDATION:

Approve Contract Services Agreement with Martha’s Village and Kitchen for operations of the Palm Springs Access Center located at 225 El Cielo Road, and the Early Entry Facility and Navigation Center located at 3589 McCarthy Road.

1. Appropriate General Funds in the amount of $5,250,000 per year for four years, beginning in Fiscal Year 2025, for ongoing operations of the Access Center, Early Entry Facility, and Navigation Center.

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

3. B. APPROVE RENTAL ASSISTANCE PROGRAM TO ASSIST RESIDENTS WITH

OVERCOMING BARRIERS TO HOUSING
RECOMMENDATION:

Approve the Tenant Based Rental Assistance (TBRA) program, and provide direction to staff as appropriate.

1. Approve using $1,000,000 (one million dollars) in Housing Set Aside funds for the TBRA Program.

2. C. DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET September 26, 2023 City Council Regular Meeting Agenda 11 C. DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET

PROGRAM
RECOMMENDATION:

Discuss policies related to parklets and provide direction to staff.

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

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

ADJOURNMENT:

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

City of Palm Springs )

I, Brenda Pree, 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 6:00 p.m., on September 20, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree,
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 September 26, 2023 City Council Regular Meeting Agenda 12 accommodation is feasible.

September 26, 2023 City Council Regular Meeting Agenda 13

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2023-09-26 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Tuesday, September 26, 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)

Name of case: George Smith (Workers Comp. Case ADJ13350630); Claim Nos. 15- 124093; 17- 129271; 17- 132368; 18- 134818; 19- 145607; 0068- 1990-00002; 0068 -1990-00006; 0068- 2004- 00085; and 0068- 2005-00063.

CONFERENCE WITH LEGA L COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION G.C § 54956.9(d)(2)

One (1) matter.

Claim No. 22- 0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J.

Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14; Claim N o. 22- 0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants

Closed Session Agenda
September 26, 2023

Page 2 ends

CONFERENCE WITH LABOR NEGOTIATORS Gov’t Code § 54957.6

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

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

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

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

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: September 26, 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

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
September 26, 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
09/26/2023
SUBJECT:

APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION AND THE TRAILS

MANAGEMENT SUBCOMMITTEE, AND ACCEPTANCE OF A RESIGNATION

FROM THE HUMAN RIGHTS COMMISSION
RECOMMENDATION:

Appoint Bobby T. Rimas to the Human Rights Commission, effective immediately, to a term expiring on June 30, 2026.

1. Accept the resignation of Donna Shepherd from the Human Rights Commission effective immediately.

2. Appoint Rick Minjares, Engineering Associate, to the Coachella Valley Conservation Commission Trails Management Subcommittee.

3. Attachments
Item 1B

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 CONSENT CALENDAR

SUBJECT: APPOINTMENTS TO THE HUMAN RIGHTS COMMISSION AND THE

TRAILS MANAGEMENT SUBCOMMITTEE, AND ACCEPTANCE OF A

RESIGNATION FROM THE HUMAN RIGHTS COMMISSION

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

1. Appoint Bobby T. Rimas to the Human Rights Commission, effective immediately, to a term expiring on June 30, 2026.

2. Accept the resignation of Donna Shepherd from the Human Rights Commission effective immediately.

3. Appoint Rick Minjares, Engineering Associate, to the Coachella Valley Conservation Commission Trails Management Subcommittee.

BACKGROUND:

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. With these actions, all Boards and Commissions seats will be filled, with the exception of two (2) alternate vacancies within the Administrative Appeals Board. The next open recruitment is scheduled between March 2024 through April 2024.

The Trails Management Subcommittee was established in 2008 to provide input on trails issues related to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The Trails Management Subcommittee makes recommendations to the Coachella Val ley Conservation Commission (CVCC) , the agency responsible for implementing the CVMSHCP. The Subcommittee focuses on implementation of the Trails Plan for the Santa Rosa and San Jacinto Mountains Conservation Area and includes a City of Palm Springs representative.

FISCAL IMPACT:

None.

City Council Staff Report
September 26, 2023 – Page 2
Appointments to the Human Rights Commission and the Trails Management Subcommittee and Acceptance of a Resignation from the Human Rights Commission

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Teresa Gallavan for Scott C. Stiles

ATTACHMENTS:

A. Human Rights Commission Roster
B. Email Resignation from Donna Shepherd
C. Coachella Valley Conservation Commission Correspondence

ATTACHMENT A

HUMAN RIGHTS COMMISSION

Member Original Appointment Expires
Donna Shepherd March 19, 2020 June 30, 2026
David Vignolo April 8, 2021 June 30, 2026
Oliver Cleary April 8, 2021 June 30, 2026
Glenn Flood* February 6, 2019 June 30, 2024
Hugo Loyola June 24, 2021 June 30, 2024
Edwin Ramoran March 19, 2020 June 30, 2025
Beverly Greer May 25, 2023 June 30, 2026
Michael MJ Horne May 25, 2023 June 30, 2026
Carlotta Rinke May 25, 2023 June 30, 2026

ATTACHMENT B

ATTACHMENT C

From: Cassandra Edney
To: Evelyn Beltran
Subject: FW: New Trails Management Subcommittee Appointee Date: Monday, September 18, 2023 4:43:30 PM
Attachments: image001.png
TMS_Background_General Information (002).docx
image002.png
From: Tony Quiroz <[email protected]>
Sent: Tuesday, June 20, 2023 10:16 AM
To: City Clerk <[email protected]>
Subject: New Trails Management Subcommittee Appointee
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.

Good morning,
My name is Tony Quiroz and I work for the Coachella Valley Conservation Commission. I am in the process of updating our roster for the Trails Management Subcommittee and noticed that Chuck Nesbitt retired from the TMS. I was hoping the City of Palm Springs could appoint a new member to the committee before our next meeting on September 20th. Members can be city staff, residents or members of other city committees. I’ve attached a letter with more information as well. Please let me know if you have any questions.

Thank you,
Tony Quiroz
Conservation Management Analyst
Coachella Valley Conservation Commission
(760) 346-1127 (Office)
(760) 989-1062 (Mobile)

Coachella Valley Multiple Species Habitat Conservation Plan

Trails Management Subcommittee

BACKGROUND: The Trails Management Subcommittee (“Subcommittee”) was established in 2008 to provide input on trails issues related to the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The Subcommittee makes recommendations to the Coachella Valley Conservation Commission ( CVCC), the agency responsible for implementing the CVMSHCP. Currently, the Trails Management Subcommittee meets every other month on the third Wednesday at 1:30 p.m. at the CVAG offices in Palm Desert.

The work of the Subcommittee focuses on implementation of the Trails Plan for the Santa Rosa and San Jacinto Mountains Conservation Area. The Trails Management Subcommittee includes representatives of the cities, tribes, Riverside County, trail user groups, and local public agencies including BLM, California Dep artment of Fish and Wildlife (CDFW) , the U.S. Forest Service (USFS), U.S. Fish and Wildlife Service (USFWS), and the Coachella Valley Mountains Conservancy (CVMC). The Trails Management Subcommittee’s duties include the following:

1. Complete an annual review of the effectiveness of the overall trails management program.

Annual review will include an assessment of bighorn sheep population trends, recreational trail use data, and other new data.

2. Make recommendations to both the Reserve Management Unit Committee (RMUC) and the Reserve Management Oversight Committee (RMOC) regarding modifications to the trails management program.

3. Make recommendations for decommissioning and removing trails to the RMOC and RMUC. Final approval for trail decommissioning and removal rests with the entity having jurisdiction over the applicable lands.

4. Assist the CVCC, and the land management agencies with providing information and education to trail users about the trails management program.

The subcommittee also assist s the CVCC and other agencies with trails planning and management in the CVMSHCP Reserve System throughout the Coachella Valley.

The membership of the Trails Management Subcommittee is described in Section 6.3 of the CVMSHCP. In 2008, the CVCC added members to the Subcommittee to provide broader representation throughout the Plan area. The members of the Subcommittee are as follows:
➢ One representative each from the cities of Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, Indio, Coachella, and La Quinta. The city representatives shall be appointed by the respective city councils.
➢ One representative from the R iverside County 5 th District, appointed by the Board of Supervisors
➢ One representative each from the C oachella Valley Mountains Conservancy , Riverside County Parks, US Fish and Wildlife Service, California Department of Fish and Wildlife, US Forest Service , Bureau of Land Management ( BLM), and the Tram Winter Park Authority. Each of these agencies shall appoint its representative. ➢ The CVCC appoint s five individual re presentatives of trail interest organizations, environmental organizations, and independent researchers.

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVAL OF WARRANTS, CLAIMS, AND DEMANDS
RECOMMENDATION:

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

Attachments
Item 1C
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 07-08-23, 07-22-23, 08-05-23 AND 08-19-
23 TOTALING $ 9,558,129.81 AND ACCOUNTS PAYABLE
WARRANTS DATED 07-06-23, 07-20-23, 08-03-23 AND 08-
17-23 TOTALING $ 24,867,436.59, IN THE AGGREGATE
AMOUNT OF $ 34,425,566.40, DRAWN ON BANK OF
AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and

WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Kristopher J. Mooney
Director of Finance and Treasury

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 26TH DAY OF SEPTEMBER, 2023
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

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

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1C - Page 2
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/06/2023 12:34
User: ElisaS
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2010976 07/06/2023 PRINTED 100436 3CMA 400.00 2010977 07/06/2023 PRINTED 104375 4LEAF INC 8,680.00 2010978 07/06/2023 PRINTED 101208 ABM AVIATION INC 73,469.34 2010979 07/06/2023 PRINTED 104045 ADVEXURE LLC 2,900.00 2010980 07/06/2023 PRINTED 103203 AMBER C STANFORD 850.00 2010981 07/06/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 110.00 2010982 07/06/2023 PRINTED 100154 AL MILLER AND SONS ROOFIN 61,200.00 2010983 07/06/2023 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 4,563.09 2010984 07/06/2023 PRINTED 103797 ALLISON MECHANICAL INC 1,470.00 2010985 07/06/2023 PRINTED 016316 FRANCISCO ALMANZA 152.94 2010986 07/06/2023 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 98.28 2010987 07/06/2023 PRINTED 100572 AMAZON COM 485.33 2010988 07/06/2023 PRINTED 103781 AMAZON.COM SALES INC 4,033.36 2010989 07/06/2023 PRINTED 104248 AMS.NET INC 126,400.62 2010990 07/06/2023 PRINTED 015920 RHETT ARDEN 79.00 2010991 07/06/2023 PRINTED 103528 ARCHITECTURAL RESOURCES G 38,585.75 2010992 07/06/2023 PRINTED 101766 BACK NINE GREENS INC 4,795.00 2010993 07/06/2023 PRINTED 100502 BADGE FRAME INC 408.89 2010994 07/06/2023 PRINTED 103994 BANNER BANK 34,850.00 2010995 07/06/2023 PRINTED 016223 JOSE BARRAGAN 360.00 2010996 07/06/2023 PRINTED 100020 BEST BEST & KRIEGER 351,165.64 2010997 07/06/2023 PRINTED 101858 BLACK DIAMOND SOLUTIONS 12,595.38 2010998 07/06/2023 PRINTED 103721 BLUEBEAM INC 225.00 2010999 07/06/2023 PRINTED 100128 BRODART CO 2,444.81 2011000 07/06/2023 PRINTED 101331 BRUCE BOWER INVESTIGATION 2,505.00 2011001 07/06/2023 PRINTED 100551 CAPIO 30.00 2011002 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,646.92 2011003 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2011004 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2011005 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2011006 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2011007 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2011008 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 2,735.06 2011009 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 494.99 2011010 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,274.65 2011011 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2011012 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,171.44 2011013 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 223.94 2011014 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2011015 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2011016 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2011017 07/06/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2011018 07/06/2023 PRINTED 100558 CINTAS CORPORATION 320.53 2011019 07/06/2023 PRINTED 100573 CLEAN ENERGY FUELS 3,038.56 2011020 07/06/2023 PRINTED 101315 CMC RESCUE INC 4,787.34 2011021 07/06/2023 PRINTED 101238 CONSERVE LANDCARE LLC 105,573.06 2011022 07/06/2023 PRINTED 100205 NANCY K BOHL INC 1,927.50 2011023 07/06/2023 PRINTED 104387 CRYSTAL FANTASY LLC 125.00 2011024 07/06/2023 PRINTED 100318 DATA TICKET INC 8,706.91 2011025 07/06/2023 PRINTED 100265 DELL MARKETING LP 29,871.59 2011026 07/06/2023 PRINTED 100067 DEMCO INC. 8,225.62 2011027 07/06/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 701.15 Item 1C - Page 3
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/06/2023 12:34
User: ElisaS
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011028 07/06/2023 PRINTED 100150 DESERT PUBLICATIONS INC 437.00 2011029 07/06/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 860.82 2011030 07/06/2023 PRINTED 101244 DOWNS ENERGY 34,239.73 2011031 07/06/2023 PRINTED 100393 GERGIS YOUSEF 7,552.12 2011032 07/06/2023 PRINTED 015813 FRANCISCO J DURAN 670.58 2011033 07/06/2023 PRINTED 100305 EISENHOWER MEDICAL CENTER 3,200.00 2011034 07/06/2023 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 493,001.44 2011035 07/06/2023 PRINTED 100274 ENGINEERING RESOURCES OF 56,226.40 2011036 07/06/2023 PRINTED 100601 ERGOMETRICS 19,963.55 2011037 07/06/2023 PRINTED 101496 ESCOBEDO ENTERPRISES 6,997.59 2011038 07/06/2023 PRINTED 104388 F10 HOSPITALITY INC 200.00 2011039 07/06/2023 PRINTED 100369 FAIR HOUSING COUNCIL OF R 4,639.56 2011040 07/06/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 50.37 2011041 07/06/2023 PRINTED 016020 ERIK FERNANDEZ 202.94 2011042 07/06/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 78.35 2011043 07/06/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,705.31 2011044 07/06/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,140.68 2011045 07/06/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,101.85 2011046 07/06/2023 PRINTED 100724 BGF LLC / GAY DESERT GUID 480.00 2011047 07/06/2023 PRINTED 103948 PUSH MEDIA INC 68,064.23 2011048 07/06/2023 PRINTED 101231 GLOBAL ACCESS SUPPLY INC 7,264.69 2011049 07/06/2023 PRINTED 015501 CORY GOROSPE 475.00 2011050 07/06/2023 PRINTED 101514 GRAFFITI PROTECTIVE COATI 2,669.14 2011051 07/06/2023 PRINTED 104064 GRANGERS MECHANICAL INC 1,500.00 2011052 07/06/2023 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,570.00 2011053 07/06/2023 PRINTED 015222 FRANCISCO HERNANDEZ 93.40 2011054 07/06/2023 PRINTED 101535 HINGEWERKS COMMERCIAL DOO 4,861.62 2011055 07/06/2023 PRINTED 100483 INFOSAT 232.86 2011056 07/06/2023 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 4,671.43 2011057 07/06/2023 PRINTED 100119 INTERACTIVE DESIGN CORPOR 6,643.25 2011058 07/06/2023 PRINTED 101364 IT1 SOURCE LLC 19,265.43 2011059 07/06/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 2,539.17 2011060 07/06/2023 PRINTED 101606 KINCAID INDUSTRIES INC 3,123.68 2011061 07/06/2023 PRINTED 101200 KOA CORPORATION 10,716.92 2011062 07/06/2023 PRINTED 101785 KRONOS 214.64 2011063 07/06/2023 PRINTED 016014 JASON LAMB 2,510.00 2011064 07/06/2023 PRINTED 104326 LENAX CONSTRUCTION SERVIC 8,272.00 2011065 07/06/2023 PRINTED 101713 LESAR DEVELOPMENT CONSULT 10,164.00 2011066 07/06/2023 PRINTED 101202 LIBERTY MFG INC 6,400.16 2011067 07/06/2023 PRINTED 101800 LIBRARY IDEAS 7,802.00 2011068 07/06/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 41,424.25 2011069 07/06/2023 PRINTED 101260 THE LLOYD PEST CONTROL 350.00 2011070 07/06/2023 PRINTED 101309 LNRS DATA SERVICES INC. 1,763.08 2011071 07/06/2023 PRINTED 103805 M BREY ELECTRIC INC 28,042.00 2011072 07/06/2023 PRINTED 101210 MARIPOSA LANDSCAPES INC. 2,074.65 2011073 07/06/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 1,561.83 2011074 07/06/2023 PRINTED 104269 MEAD AND HUNT INC 191,107.98 2011075 07/06/2023 PRINTED 101798 MIDWEST TAPE INC 498.14 2011076 07/06/2023 PRINTED 100079 MOHICA TOWING 300.00 2011077 07/06/2023 PRINTED 104134 MOORE FENCE COMPANY INC 28,998.34 2011078 07/06/2023 PRINTED 015236 MICHAEL MOTT 123.86 2011079 07/06/2023 PRINTED 101211 NAI CONSULTING 1,633.50 Item 1C - Page 4
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/06/2023 12:34
User: ElisaS
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011080 07/06/2023 PRINTED 015319 PEDRO NANEZ 360.00 2011081 07/06/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 298.31 2011082 07/06/2023 PRINTED 100548 O'LINN EXECUTIVE SECURITY 500.00 2011083 07/06/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,967.95 2011084 07/06/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 8,491.15 2011085 07/06/2023 PRINTED 100314 ORION SAFETY PRODUCTS 1,113.80 2011086 07/06/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 1,405.30 2011087 07/06/2023 PRINTED 100133 PALM SPRINGS MOTORS 175.47 2011088 07/06/2023 PRINTED 103236 PARK CONSULTING GROUP INC 43,610.00 2011089 07/06/2023 PRINTED 015226 ANTHONY PILUTIK 15.00 2011090 07/06/2023 PRINTED 104071 SKYE HIGH DESIGN INC 410.00 2011091 07/06/2023 PRINTED 101434 PLACEWORKS 12,873.64 2011092 07/06/2023 PRINTED 103521 PLAZA TOWING INC 1,650.00 2011093 07/06/2023 PRINTED 101767 PROFORMA SOCAL 2,603.69 2011094 07/06/2023 PRINTED 100596 PROPER SOLUTIONS INC 21,731.39 2011095 07/06/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,665.56 2011096 07/06/2023 PRINTED 101658 THE PUN GROUP LLP 5,000.00 2011097 07/06/2023 PRINTED 103563 PYRO-COMM SYSTEMS INC 478.00 2011098 07/06/2023 PRINTED 101230 R S AND H CALIFORNIA INC 26,307.63 2011099 07/06/2023 PRINTED 101629 THE RAMSAY GROUP 7,050.00 2011100 07/06/2023 PRINTED 016501 FRANK RAYGOZA 1,046.40 2011101 07/06/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 3,286.51 2011102 07/06/2023 PRINTED 101363 RICONDO AND ASSOCIATES IN 8,547.50 2011103 07/06/2023 PRINTED 100633 RIVERSIDE COUNTY FIRE CHI 400.00 2011104 07/06/2023 PRINTED 101691 RLP UNIFORM INC 6,128.12 2011105 07/06/2023 PRINTED 100400 ROBERT HALF 10,116.22 2011106 07/06/2023 PRINTED 101542 SC COMMERCIAL 12,366.98 2011107 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,666.98 2011108 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,925.59 2011109 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 34,383.36 2011110 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 831.89 2011111 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18,366.55 2011112 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 29,745.27 2011113 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,212.93 2011114 07/06/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 62,010.23 2011115 07/06/2023 PRINTED 015851 SHAWN ARDEN 210.00 2011116 07/06/2023 PRINTED 104393 JAMES SHELGER 350.00 2011117 07/06/2023 PRINTED 100435 THE SHREDDERS 435.00 2011118 07/06/2023 PRINTED 104394 SOUTHERN CA ENERGY ALTERN 174.50 2011119 07/06/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 6,443.50 2011120 07/06/2023 PRINTED 100284 STANTEC CONSULTING SVCS I 28,350.00 2011121 07/06/2023 PRINTED 103901 STEVE P RADOS INC 662,150.00 2011122 07/06/2023 PRINTED 016488 SCOTT STILES 822.46 2011123 07/06/2023 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 917.00 2011124 07/06/2023 PRINTED 100900 TERRA NOVA PLANNING AND R 4,516.50 2011125 07/06/2023 PRINTED 104184 TK ELEVATOR CORPORATION 4,586.39 2011126 07/06/2023 PRINTED 103796 TRANSCORE HOLDINGS INC 239,624.50 2011127 07/06/2023 PRINTED 100063 UNDERGROUND SERVICE ALERT 559.43 2011128 07/06/2023 PRINTED 100114 UNITED RENTALS NA INC 5,577.21 2011129 07/06/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 211,219.51 2011130 07/06/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 102,422.30 2011131 07/06/2023 PRINTED 100200 VALLEY LOCK AND SAFE 1,320.51 Item 1C - Page 5
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/06/2023 12:34
User: ElisaS
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011132 07/06/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 105.50 2011133 07/06/2023 PRINTED 100621 VERIZON BUSINESS 583.81 2011134 07/06/2023 PRINTED 100144 VERIZON WIRELESS 2,560.29 2011135 07/06/2023 PRINTED 100144 VERIZON WIRELESS 19,038.56 2011136 07/06/2023 PRINTED 100144 VERIZON WIRELESS 844.22 2011137 07/06/2023 PRINTED 100144 VERIZON WIRELESS 3,097.83 2011138 07/06/2023 PRINTED 015506 JASMINE WAITS 1,375.00 2011139 07/06/2023 PRINTED 016229 SACHEL WASHINGTON 100.00 2011140 07/06/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 2,792.44 2011141 07/06/2023 PRINTED 100222 WEST COAST ARBORISTS INC 5,625.72 2011142 07/06/2023 PRINTED 100233 WESTERN PUMP INC. 250.00 2011143 07/06/2023 PRINTED 103973 WEX HEALTH INC 2,346.75 2011144 07/06/2023 PRINTED 101824 WILLDAN ENGINEERING 1,891.00 2011145 07/06/2023 PRINTED 016057 KYLE WILSON 360.00 170 CHECKS CASH ACCOUNT TOTAL 3,666,200.92 .00 Item 1C - Page 6
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/06/2023 12:34
User: ElisaS
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
170 CHECKS FINAL TOTAL 3,666,200.92 .00 ** END OF REPORT - Generated by Elisa Samonte **
Item 1C - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011160 07/20/2023 PRINTED 104375 4LEAF INC 24,885.00 2011161 07/20/2023 PRINTED 100180 AMERICAN ASSOCIATION OF A 17,589.00 2011162 07/20/2023 PRINTED 101573 ADVANCE PROPERTY EXPOSURE 6,500.00 2011163 07/20/2023 PRINTED 101354 ADVANTEC CONSULTING ENGIN 2,599.87 2011164 07/20/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 107,148.52 2011165 07/20/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 78,189.99 2011166 07/20/2023 PRINTED 100403 AETNA 19,419.07 2011167 07/20/2023 PRINTED 104401 HEALTH AND HUMAN RESOURCE 982.30 2011168 07/20/2023 PRINTED 016247 JENNIFER AGUILERA 463.96 2011169 07/20/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 145,355.23 2011170 07/20/2023 PRINTED 103800 AJ FISTES CORPORATION 38,377.75 2011171 07/20/2023 PRINTED 100154 AL MILLER AND SONS ROOFIN 2,500.00 2011172 07/20/2023 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 12,629.00 2011173 07/20/2023 PRINTED 101286 ALL AMERICAN CLEANING 7,732.79 2011174 07/20/2023 PRINTED 103797 ALLISON MECHANICAL INC 80,185.67 2011175 07/20/2023 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 15,049.19 2011176 07/20/2023 PRINTED 100912 ALPHA MEDIA LLC 4,179.00 2011177 07/20/2023 PRINTED 104254 GREGORY SAVILLE 6,098.01 2011178 07/20/2023 PRINTED 103781 AMAZON.COM SALES INC 2,485.75 2011179 07/20/2023 PRINTED 103786 AMBRY EQUIPMENT 5,462.29 2011180 07/20/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 1,232.44 2011181 07/20/2023 PRINTED 101623 THE ART COLLECTIVE LLC 5,005.00 2011182 07/20/2023 PRINTED 100370 AT&T 292.82 2011183 07/20/2023 PRINTED 100765 MUNISERVICES / AVENU INSI 23,445.85 2011184 07/20/2023 PRINTED 103679 AVIDEX INDUSTRIES LLC 8,470.19 2011185 07/20/2023 PRINTED 100413 B & H PHOTO 14,844.48 2011186 07/20/2023 PRINTED 103994 BANNER BANK 46,978.05 2011187 07/20/2023 PRINTED 101049 MARY BARSALEAU 710.50 2011188 07/20/2023 PRINTED 101488 BIO SOCAL 790.00 2011189 07/20/2023 PRINTED 100260 BIRDAIR INC 12,460.00 2011190 07/20/2023 PRINTED 104107 BLUE ZONES LLC 42,500.00 2011191 07/20/2023 PRINTED 103721 BLUEBEAM INC 1,275.00 2011192 07/20/2023 PRINTED 002805 BETTY BLYTHE 1,450.00 2011193 07/20/2023 PRINTED 100645 BMI - BROADCAST MUSIC INC 421.00 2011194 07/20/2023 PRINTED 016500 ARMANDO BONILLA 152.80 2011195 07/20/2023 PRINTED 100487 BPS TACTICAL INC 1,223.60 2011196 07/20/2023 PRINTED 100128 BRODART CO 1,795.08 2011197 07/20/2023 PRINTED 101331 BRUCE BOWER INVESTIGATION 4,008.01 2011198 07/20/2023 PRINTED 100351 BRUDVIK INC 2,338.50 2011199 07/20/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 1,051.24 2011200 07/20/2023 PRINTED 100347 CALIFORNIA BUILDING OFFIC 1,580.00 2011201 07/20/2023 PRINTED 101428 CALTEC CORPORATION 212,790.50 2011202 07/20/2023 PRINTED 100551 CAPIO 30.00 2011203 07/20/2023 PRINTED 103604 CAROLLO ENGINEERS INC 15,025.26 2011204 07/20/2023 PRINTED 101837 CASC ENGINEERING AND CONS 20,670.00 2011205 07/20/2023 PRINTED 100112 CDW GOVERNMENT INC 865.00 2011206 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,646.92 2011207 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 195.18 2011208 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011209 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 378.01 2011210 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011211 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 Item 1C - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011212 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011213 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2011214 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2011215 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2011216 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2011217 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 3,418.12 2011218 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2011219 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011220 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2011221 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2011222 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2011223 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 249.48 2011224 07/20/2023 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2011225 07/20/2023 PRINTED 100558 CINTAS CORPORATION 110.86 2011226 07/20/2023 PRINTED 100558 CINTAS CORPORATION 295.14 2011227 07/20/2023 PRINTED 100573 CLEAN ENERGY FUELS 2,584.76 2011228 07/20/2023 PRINTED 101755 CNS ENGINEERS INC 13,730.59 2011229 07/20/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 70,835.00 2011230 07/20/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 1,094.00 2011231 07/20/2023 PRINTED 101238 CONSERVE LANDCARE LLC 103,863.07 2011232 07/20/2023 PRINTED 101598 CORODATA RECORDS MANAGEME 66.20 2011233 07/20/2023 PRINTED 100751 COUNTY OF RIVERSIDE EMD 3,795.66 2011234 07/20/2023 PRINTED 100659 COUNTY OF RIVERSIDE 27,598.76 2011235 07/20/2023 PRINTED 100865 CPI / COBRA PROFESSIONALS 2,852.50 2011236 07/20/2023 PRINTED 101539 CURTIS-ROSENTHAL INC. 4,500.00 2011237 07/20/2023 PRINTED 016083 KIRSTEN D'AMATO 1,218.80 2011238 07/20/2023 PRINTED 100318 DATA TICKET INC 6,051.04 2011239 07/20/2023 PRINTED 100265 DELL MARKETING LP 13,881.57 2011240 07/20/2023 PRINTED 100276 DELS FLOORING CONTRACTORS 5,867.00 2011241 07/20/2023 PRINTED 101281 DELTA DENTAL HMO 1,721.33 2011242 07/20/2023 PRINTED 101282 DELTA DENTAL PPO 23,681.46 2011243 07/20/2023 PRINTED 100091 DEPARTMENT OF CONSERVATIO 3,823.45 2011244 07/20/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,876.98 2011245 07/20/2023 PRINTED 103589 DESERT ARC 400.00 2011246 07/20/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 890.61 2011247 07/20/2023 PRINTED 100580 DESERT PROMOTIONAL EMBROI 1,819.19 2011248 07/20/2023 PRINTED 101387 DESTINY SOFTWARE 7,820.00 2011249 07/20/2023 PRINTED 100676 DIVISION OF THE STATE ARC 538.00 2011250 07/20/2023 PRINTED 100254 DOKKEN ENGINEERING 32,279.66 2011251 07/20/2023 PRINTED 101244 DOWNS ENERGY 33,759.67 2011252 07/20/2023 PRINTED 100393 GERGIS YOUSEF 1,269.00 2011253 07/20/2023 PRINTED 100984 DTPS C-15 LLC 3,278.19 2011254 07/20/2023 PRINTED 100294 DUDEK 73,087.14 2011255 07/20/2023 PRINTED 016431 CHRISTOPHER DUFFY 130.22 2011256 07/20/2023 PRINTED 101179 MARIANA DUSPIVA 1,080.00 2011257 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 55,609.06 2011258 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 23,886.41 2011259 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2011260 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 36,364.27 2011261 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 997.87 2011262 07/20/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2011263 07/20/2023 PRINTED 104292 EASYBADGES LLC 55,710.00 Item 1C - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011264 07/20/2023 PRINTED 104000 ECH TOOLS LLC 6,397.66 2011265 07/20/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2011266 07/20/2023 PRINTED 104166 ECONOMIC AND PLANNING SER 16,991.25 2011267 07/20/2023 PRINTED 101662 ECS IMAGING INC 29,263.80 2011268 07/20/2023 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 213,689.77 2011269 07/20/2023 PRINTED 103829 EMERGENCY RESILIENCE LLC 3,607.65 2011270 07/20/2023 PRINTED 100274 ENGINEERING RESOURCES OF 75,650.40 2011271 07/20/2023 PRINTED 101828 EVERBRIDGE INC 16,904.94 2011272 07/20/2023 PRINTED 100217 EWING IRRIGATION PRODUCTS 4,632.69 2011273 07/20/2023 PRINTED 104408 EXPRESS JET LIQUIDATING T 5,480.30 2011274 07/20/2023 PRINTED 100369 FAIR HOUSING COUNCIL OF R 4,726.63 2011275 07/20/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 187.37 2011276 07/20/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 61.76 2011277 07/20/2023 PRINTED 016020 ERIK FERNANDEZ 163.13 2011278 07/20/2023 PRINTED 101412 FIRE ETC INC 6,675.07 2011279 07/20/2023 PRINTED 101194 FLEX ADVANTAGE 666.75 2011280 07/20/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 97,528.96 2011281 07/20/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 605.85 2011282 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2011283 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 67.98 2011284 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2011285 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 87.16 2011286 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 150.05 2011287 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 608.39 2011288 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 536.94 2011289 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 488.52 2011290 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 94.13 2011291 07/20/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 94.13 2011292 07/20/2023 PRINTED 100828 FUSION CLOUD SERVICES LLC 297.23 2011293 07/20/2023 PRINTED 100174 G/M BUSINESS INTERIORS 9,808.51 2011294 07/20/2023 PRINTED 100169 GENSLER & ASSOCIATES ARCH 1,865.55 2011295 07/20/2023 PRINTED 016355 GONZALEZ ALEJANDRO 96.22 2011296 07/20/2023 PRINTED 103824 GOVOS INC 7,500.00 2011297 07/20/2023 PRINTED 101514 GRAFFITI PROTECTIVE COATI 7,718.72 2011298 07/20/2023 PRINTED 104064 GRANGERS MECHANICAL INC 805.05 2011299 07/20/2023 PRINTED 100072 GRANITE CONSTRUCTION COMP 344,033.20 2011300 07/20/2023 PRINTED 101672 GULF CALIFORNIA BROADCAST 3,500.00 2011301 07/20/2023 PRINTED 010811 APRIL GUNKEL 1,925.96 2011302 07/20/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 5,404.13 2011303 07/20/2023 PRINTED 010837 RAUL HERNANDEZ 121.85 2011304 07/20/2023 PRINTED 102960 HI GRADE MATERIALS CO 1,814.44 2011305 07/20/2023 PRINTED 015917 JENNIFER HILL 1,925.96 2011306 07/20/2023 PRINTED 103944 COREY IVAN HOLLAND 40,401.12 2011307 07/20/2023 PRINTED 100494 IMAGE360 - PALM DESERT 7,317.38 2011308 07/20/2023 PRINTED 103681 IMPRENTA COMMUNICATIONS G 5,350.00 2011309 07/20/2023 PRINTED 101421 IMPRESSION DESIGN GROUP 3,696.68 2011310 07/20/2023 PRINTED 100483 INFOSAT 232.86 2011311 07/20/2023 PRINTED 101486 INNOVATIVE EMERGENCY EQUI 383.87 2011312 07/20/2023 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 226.10 2011313 07/20/2023 PRINTED 103170 CONTROLTOUCH SYSTEMS LLC 4,096.51 2011314 07/20/2023 PRINTED 100119 INTERACTIVE DESIGN CORPOR 3,658.25 2011315 07/20/2023 PRINTED 101727 IRON MOUNTAIN 208.72 Item 1C - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011316 07/20/2023 PRINTED 101364 IT1 SOURCE LLC 12,177.12 2011317 07/20/2023 PRINTED 101700 JNS NEXT 4,683.65 2011318 07/20/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 107,425.97 2011319 07/20/2023 PRINTED 100336 KEENAN AND ASSOCIATES 2,965,009.90 2011320 07/20/2023 PRINTED 103525 KGAY PSP CORPORATION 1,020.00 2011321 07/20/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 40,062.50 2011322 07/20/2023 PRINTED 101606 KINCAID INDUSTRIES INC 5,940.53 2011323 07/20/2023 PRINTED 015305 ROBERT KLOMHAUS 327.70 2011324 07/20/2023 PRINTED 103985 KOSMONT TRANSACTIONS SERV 6,012.50 2011325 07/20/2023 PRINTED 101785 KRONOS 90.00 2011326 07/20/2023 PRINTED 100127 L N CURTIS AND SONS 1,085.16 2011327 07/20/2023 PRINTED 101713 LESAR DEVELOPMENT CONSULT 14,323.00 2011328 07/20/2023 PRINTED 101800 LIBRARY IDEAS 3,894.00 2011329 07/20/2023 PRINTED 103753 LIFE INSURANCE COMPANY OF 37,939.11 2011330 07/20/2023 PRINTED 100404 LIN LINES INC. 2,600.00 2011331 07/20/2023 PRINTED 103164 LINCOLN AQUATICS 739.11 2011332 07/20/2023 PRINTED 016368 CAMERON LOPEZ 163.13 2011333 07/20/2023 PRINTED 103805 M BREY ELECTRIC INC 19,744.00 2011334 07/20/2023 PRINTED 101513 MARTHA'S VILLAGE AND KITC 65,262.02 2011335 07/20/2023 PRINTED 015732 ALEJANDRO MARTINEZ 162.00 2011336 07/20/2023 PRINTED 104411 GERMAN MARTINEZ 276.00 2011337 07/20/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 2,687.79 2011338 07/20/2023 PRINTED 016128 KENNETH MERENDA 89.18 2011339 07/20/2023 PRINTED 101798 MIDWEST TAPE INC 2,068.65 2011340 07/20/2023 PRINTED 103926 MUNICIPAL INFORMATION TEC 1,000.00 2011341 07/20/2023 PRINTED 103896 MOHAWK COMMERCIAL INC 39,718.07 2011342 07/20/2023 PRINTED 100079 MOHICA TOWING 2,620.00 2011343 07/20/2023 PRINTED 016133 JOHNATHAN MOSLEY 1,088.00 2011344 07/20/2023 PRINTED 101855 MOTOWORX GARAGE 4,067.47 2011345 07/20/2023 PRINTED 101466 MOTTOMOBILE INC DBA APEX 800.00 2011346 07/20/2023 PRINTED 101304 MWH CONSTRUCTORS INC 49,810.49 2011347 07/20/2023 PRINTED 101211 NAI CONSULTING 33,579.00 2011348 07/20/2023 PRINTED 104057 DONNA S NEWTON 1,120.00 2011349 07/20/2023 PRINTED 100548 O'LINN EXECUTIVE SECURITY 2,107.20 2011350 07/20/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 9,517.29 2011351 07/20/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 9,628.93 2011352 07/20/2023 PRINTED 101408 OHD LLLP 935.00 2011353 07/20/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 16,911.77 2011354 07/20/2023 PRINTED 101870 ORIGINAL WATERMEN 3,696.33 2011355 07/20/2023 PRINTED 101742 OVERDRIVE INC 10,000.00 2011356 07/20/2023 PRINTED 100282 PACIFIC PRODUCTS AND SERV 4,995.24 2011357 07/20/2023 PRINTED 104355 PACIFIC WEST UNDERGROUND 42,373.80 2011358 07/20/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 10,000.00 2011359 07/20/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 72,406.57 2011360 07/20/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 249.03 2011361 07/20/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 249.03 2011362 07/20/2023 PRINTED 100082 PALM SPRINGS MIRROR AND G 536.00 2011363 07/20/2023 PRINTED 100133 PALM SPRINGS MOTORS 242.65 2011364 07/20/2023 PRINTED 104262 PATIOS PLUS INC 2,359.73 2011365 07/20/2023 PRINTED 103521 PLAZA TOWING INC 1,500.00 2011366 07/20/2023 PRINTED 101374 PRECISION TECHNOLOGIES 8,002.78 2011367 07/20/2023 PRINTED 104320 PROFESSIONAL BINDING PROD 3,368.27 Item 1C - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011368 07/20/2023 PRINTED 101767 PROFORMA SOCAL 1,169.87 2011369 07/20/2023 PRINTED 100596 PROPER SOLUTIONS INC 55,793.41 2011370 07/20/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 4,980.41 2011371 07/20/2023 PRINTED 100654 PS RESORTS 94,269.00 2011372 07/20/2023 PRINTED 103895 PUB CONSTRUCTION INC 3,606.92 2011373 07/20/2023 PRINTED 101250 PWLC II INC 37,777.48 2011374 07/20/2023 PRINTED 104414 THE QUEENS BOROUGH PUBLIC 26.99 2011375 07/20/2023 PRINTED 101642 QUENCH USA INC 2,404.92 2011376 07/20/2023 PRINTED 101642 QUENCH USA INC 607.00 2011377 07/20/2023 PRINTED 101230 R S AND H CALIFORNIA INC 55,619.04 2011378 07/20/2023 PRINTED 101629 THE RAMSAY GROUP 1,950.00 2011379 07/20/2023 PRINTED 101527 RATTLE TECH LLC 500.00 2011380 07/20/2023 PRINTED 104325 MICHAEL SCARCELLA 2,500.00 2011381 07/20/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 8,658.01 2011382 07/20/2023 PRINTED 104364 RENE S HICKEY 2,205.00 2011383 07/20/2023 PRINTED 100400 ROBERT HALF 6,632.24 2011384 07/20/2023 PRINTED 016025 ZEFERINO RODRIGUEZ 163.13 2011385 07/20/2023 PRINTED 101823 ROYAL CANIN 530.88 2011386 07/20/2023 PRINTED 015943 GREG SANCHEZ 1,500.00 2011387 07/20/2023 PRINTED 101542 SC COMMERCIAL 1,319.08 2011388 07/20/2023 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 961.13 2011389 07/20/2023 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 2,448.55 2011390 07/20/2023 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 106,797.03 2011391 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 31,536.89 2011392 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 101.73 2011393 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 39,602.18 2011394 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 75.20 2011395 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 98.43 2011396 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 694.30 2011397 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 22.20 2011398 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 40.37 2011399 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.44 2011400 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,104.76 2011401 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,021.59 2011402 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,377.32 2011403 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,061.07 2011404 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 59.43 2011405 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 56.15 2011406 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 391.05 2011407 07/20/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 139,454.62 2011408 07/20/2023 PRINTED 100435 THE SHREDDERS 284.00 2011409 07/20/2023 PRINTED 104023 SIEMENS LOGISTICS LLC 2,312.30 2011410 07/20/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 30,225.72 2011411 07/20/2023 PRINTED 101323 SITEIMPROVE INC 5,098.65 2011412 07/20/2023 PRINTED 104412 KENNETH D SMITH 800.00 2011413 07/20/2023 PRINTED 100010 SMOKE TREE STABLES 840.00 2011414 07/20/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,038.00 2011415 07/20/2023 PRINTED 104321 SOUTHERN CALIFORNIA MOUNT 1,825.64 2011416 07/20/2023 PRINTED 100330 COMPUTER AND PERIPHERALS 1,635.00 2011417 07/20/2023 PRINTED 100000 SOUTH COAST AQMD 665.26 2011418 07/20/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 1,266.66 2011419 07/20/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 39,865.19 Item 1C - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011420 07/20/2023 PRINTED 100056 SOUTHERN CALIFORNIA ASSOC 5,608.00 2011421 07/20/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 70.44 2011422 07/20/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 30.94 2011423 07/20/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 84.42 2011424 07/20/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 96.91 2011425 07/20/2023 PRINTED 100120 SPOK INC 47.25 2011426 07/20/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 53,515.71 2011427 07/20/2023 PRINTED 100284 STANTEC CONSULTING SVCS I 3,040.00 2011428 07/20/2023 PRINTED 103901 STEVE P RADOS INC 892,582.95 2011429 07/20/2023 PRINTED 101671 STREAMLINE AUTOMATION SYS 5,336.50 2011430 07/20/2023 PRINTED 104413 SUNLIGHT PEAK LLC 1,976.00 2011431 07/20/2023 PRINTED 100591 MOVIE LICENSING USA 2,370.00 2011432 07/20/2023 PRINTED 103782 T-MOBILE USA INC 100.00 2011433 07/20/2023 PRINTED 100448 TALX CORPORATION 1,084.31 2011434 07/20/2023 PRINTED 101365 TEN-X AMMUNITION INC 2,167.90 2011435 07/20/2023 PRINTED 104096 TILDEN COIL CONSTRUCTORS 634,283.25 2011436 07/20/2023 PRINTED 104184 TK ELEVATOR CORPORATION 4,287.97 2011437 07/20/2023 PRINTED 100031 TOPS N BARRICADES INC 12,805.00 2011438 07/20/2023 PRINTED 015861 JOSE TORRES 157.68 2011439 07/20/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 12,000.00 2011440 07/20/2023 PRINTED 101247 TRAINING INNOVATIONS INC 800.00 2011441 07/20/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 471.00 2011442 07/20/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 39,168.76 2011443 07/20/2023 PRINTED 100386 U S CUSTOMS SERVICE 1,519.50 2011444 07/20/2023 PRINTED 100063 UNDERGROUND SERVICE ALERT 561.18 2011445 07/20/2023 PRINTED 100114 UNITED RENTALS NA INC 24,033.17 2011446 07/20/2023 PRINTED 101784 V AND V MANUFACTURING 62.20 2011447 07/20/2023 PRINTED 100200 VALLEY LOCK AND SAFE 328.02 2011448 07/20/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,761.97 2011449 07/20/2023 PRINTED 101036 VALLEY PHOTO BOOTH 650.00 2011450 07/20/2023 PRINTED 103893 VALLEY VOICE MEDIA 1,200.00 2011451 07/20/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 331.68 2011452 07/20/2023 PRINTED 100267 VEOLIA WATER NORTH AMERIC 426,291.34 2011453 07/20/2023 PRINTED 100267 VEOLIA WATER NORTH AMERIC 487,554.91 2011454 07/20/2023 PRINTED 100621 VERIZON BUSINESS 228.04 2011455 07/20/2023 PRINTED 100144 VERIZON WIRELESS 39.55 2011456 07/20/2023 PRINTED 100144 VERIZON WIRELESS 4,205.13 2011457 07/20/2023 PRINTED 100144 VERIZON WIRELESS 6,381.73 2011458 07/20/2023 PRINTED 100121 VISIT GREATER PALM SPRING 99,633.08 2011459 07/20/2023 PRINTED 100121 VISIT GREATER PALM SPRING 218,649.79 2011460 07/20/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 17,383.84 2011461 07/20/2023 PRINTED 101277 VOHNE LICHE KENNELS INC 550.00 2011462 07/20/2023 PRINTED 016503 ROBERT WAGGONER 163.13 2011463 07/20/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 3,250.95 2011464 07/20/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 1,755.50 2011465 07/20/2023 PRINTED 103717 WMG INC / WESTERN MANAGEM 2,400.00 2011466 07/20/2023 PRINTED 103973 WEX HEALTH INC 2,365.65 2011467 07/20/2023 PRINTED 101604 WGJ ENTERPRISES INC DBA P 95,838.00 308 CHECKS CASH ACCOUNT TOTAL 10,001,850.83 .00 Item 1C - Page 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 07/20/2023 11:30
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
308 CHECKS FINAL TOTAL 10,001,850.83 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011482 08/03/2023 PRINTED 100180 AMERICAN ASSOCIATION OF A 19,624.00 2011483 08/03/2023 PRINTED 101608 ACC CONSULTING LLC 2,500.00 2011484 08/03/2023 PRINTED 100315 ACE PARKING MANAGEMENT IN 27,465.52 2011485 08/03/2023 PRINTED 100024 ACE PRINTING 2,873.28 2011486 08/03/2023 PRINTED 100390 ADDICTION MEDICINE CONSUL 102.00 2011487 08/03/2023 PRINTED 101354 ADVANTEC CONSULTING ENGIN 1,919.87 2011488 08/03/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2011489 08/03/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2011490 08/03/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,122.24 2011491 08/03/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 1,470.93 2011492 08/03/2023 PRINTED 103800 AJ FISTES CORPORATION 30,356.82 2011493 08/03/2023 PRINTED 104423 NELLY AKOYAN 857.00 2011494 08/03/2023 PRINTED 103797 ALLISON MECHANICAL INC 776.25 2011495 08/03/2023 PRINTED 100912 ALPHA MEDIA LLC 1,182.00 2011496 08/03/2023 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 1,537.20 2011497 08/03/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 268.00 2011498 08/03/2023 PRINTED 104426 AMERICAN BUDS 25,330.00 2011499 08/03/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 5,332.21 2011500 08/03/2023 PRINTED 104248 AMS.NET INC 14,297.08 2011501 08/03/2023 PRINTED 104333 ANTHEM SPORTS LLC 2,997.09 2011502 08/03/2023 PRINTED 104432 APEK LLC 1,034.00 2011503 08/03/2023 PRINTED 103528 ARCHITECTURAL RESOURCES G 30,331.49 2011504 08/03/2023 PRINTED 100556 AUDIO ASSOCIATES OF SAN D 10,321.82 2011505 08/03/2023 PRINTED 103384 AVIATRIX COMMUNICATIONS 70,650.00 2011506 08/03/2023 PRINTED 016416 ERIK AYALA 163.11 2011507 08/03/2023 PRINTED 100413 B & H PHOTO 7,407.07 2011508 08/03/2023 PRINTED 104424 MARGARITA BANUELOS 110.00 2011509 08/03/2023 PRINTED 016118 BRANDON BATTAGLIA 303.86 2011510 08/03/2023 PRINTED 104415 BERG TRICIA 260.52 2011511 08/03/2023 PRINTED 100020 BEST BEST & KRIEGER 152,010.10 2011512 08/03/2023 PRINTED 100366 BIO TOX LABORATORIES 7,125.00 2011513 08/03/2023 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 553,585.38 2011514 08/03/2023 PRINTED 103721 BLUEBEAM INC 1,200.00 2011515 08/03/2023 PRINTED 016055 BLAKE BONELLI 250.00 2011516 08/03/2023 PRINTED 101301 BRIGHTLY SOFTWARE INC 2,805.14 2011517 08/03/2023 PRINTED 104434 STEVE BUCHANAN 1,034.00 2011518 08/03/2023 PRINTED 101203 BUREAU VERITAS NORTH AMER 47,797.07 2011519 08/03/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 9,624.08 2011520 08/03/2023 PRINTED 103263 BWW & COMPANY INC 15,732.95 2011521 08/03/2023 PRINTED 016404 ERIC BYRNS 878.42 2011522 08/03/2023 PRINTED 100623 CA BUILDING STANDARDS COM 1,800.90 2011523 08/03/2023 PRINTED 100503 CALIFORNIA AIRPORTS COUNC 4,052.00 2011524 08/03/2023 PRINTED 100347 CALIFORNIA BUILDING OFFIC 210.00 2011525 08/03/2023 PRINTED 103778 CALIFORNIA WATER OPERATOR 1,200.00 2011526 08/03/2023 PRINTED 100551 CAPIO 275.00 2011527 08/03/2023 PRINTED 016293 VICTORIA CARPENTER 2,463.24 2011528 08/03/2023 PRINTED 016155 JAVIER CARRILLO 663.50 2011529 08/03/2023 PRINTED 104417 NANNETTE CARTER 34.20 2011530 08/03/2023 PRINTED 100112 CDW GOVERNMENT INC 994.79 2011531 08/03/2023 PRINTED 103619 CHANDLER ASSET MANAGEMENT 13,167.82 2011532 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011533 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 Item 1C - Page 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011534 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011535 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 540.65 2011536 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2011537 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 159.04 2011538 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 2,147.62 2011539 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 223.94 2011540 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,274.65 2011541 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2011542 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2011543 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,171.64 2011544 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2011545 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 2011546 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2011547 08/03/2023 PRINTED 100353 CHARTER COMMUNICATIONS 378.62 2011548 08/03/2023 PRINTED 100558 CINTAS CORPORATION 472.17 2011549 08/03/2023 PRINTED 100558 CINTAS CORPORATION 344.64 2011550 08/03/2023 PRINTED 100547 CIVIL AIR PATROL MAGAZINE 695.00 2011551 08/03/2023 PRINTED 100308 CLINICAL LABORATORY OF SA 150.00 2011552 08/03/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 10,421.26 2011553 08/03/2023 PRINTED 103919 COLUMBIA TELECOMMUNICATIO 5,050.26 2011554 08/03/2023 PRINTED 101238 CONSERVE LANDCARE LLC 25,920.00 2011555 08/03/2023 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2011556 08/03/2023 PRINTED 101750 COSTAR GROUP 11,869.00 2011557 08/03/2023 PRINTED 100205 NANCY K BOHL INC 475.00 2011558 08/03/2023 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 1,194.00 2011559 08/03/2023 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 5,657.00 2011560 08/03/2023 PRINTED 100659 COUNTY OF RIVERSIDE 9,048.61 2011561 08/03/2023 PRINTED 100007 CPS HUMAN RESOURCE SERVIC 6,044.50 2011562 08/03/2023 PRINTED 104013 DAILEY AND WELLS COMMUNIC 13,602.68 2011563 08/03/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 32,918.44 2011564 08/03/2023 PRINTED 100318 DATA TICKET INC 2,852.97 2011565 08/03/2023 PRINTED 100678 DAVID A LEE 200.00 2011566 08/03/2023 PRINTED 104422 JENNIE DELAKIS 2,323.67 2011567 08/03/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 994.00 2011568 08/03/2023 PRINTED 103589 DESERT ARC 40.00 2011569 08/03/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 3,787.64 2011570 08/03/2023 PRINTED 100008 DESERT SUN PUBLISHING COM 7,205.00 2011571 08/03/2023 PRINTED 100676 DIVISION OF THE STATE ARC 51.80 2011572 08/03/2023 PRINTED 101244 DOWNS ENERGY 33,290.92 2011573 08/03/2023 PRINTED 100393 GERGIS YOUSEF 7,706.86 2011574 08/03/2023 PRINTED 100054 DESERT WATER AGENCY 4,565.59 2011575 08/03/2023 PRINTED 100054 DESERT WATER AGENCY 62,564.26 2011576 08/03/2023 PRINTED 100055 DESERT WATER AGENCY 243.02 2011577 08/03/2023 PRINTED 016017 CASSANDRA EDNEY 70.57 2011578 08/03/2023 PRINTED 100305 EISENHOWER MEDICAL CENTER 4,400.00 2011579 08/03/2023 PRINTED 101293 ENGIE SERVICES U.S. INC. 1,018.00 2011580 08/03/2023 PRINTED 100226 ENTERPRISE RENT A CAR 3,461.80 2011581 08/03/2023 PRINTED 100376 EXPERIAN 154.00 2011582 08/03/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 48.49 2011583 08/03/2023 PRINTED 104428 YASMANY FLORES 758.00 2011584 08/03/2023 PRINTED 015746 ROBERT FONTES 664.82 2011585 08/03/2023 PRINTED 103949 FRESHWORKS INC 379.49 Item 1C - Page 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011586 08/03/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,881.25 2011587 08/03/2023 PRINTED 101723 FROG ENVIRONMENTAL INC 3,233.13 2011588 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 63.62 2011589 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,141.84 2011590 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 473.78 2011591 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 10,618.64 2011592 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,660.46 2011593 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 87.15 2011594 08/03/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 150.05 2011595 08/03/2023 PRINTED 100174 G/M BUSINESS INTERIORS 17,597.06 2011596 08/03/2023 PRINTED 104257 GLOBAL ROAD SEALING INC 45,000.00 2011597 08/03/2023 PRINTED 100536 GLS US A/R 19.28 2011598 08/03/2023 PRINTED 016355 GONZALEZ ALEJANDRO 139.36 2011599 08/03/2023 PRINTED 100313 GRANICUS INC 7,003.23 2011600 08/03/2023 PRINTED 101398 GRIT DEVELOPMENT 7,500.00 2011601 08/03/2023 PRINTED 103998 JANE M GUY 336.00 2011602 08/03/2023 PRINTED 015811 ALI HARANDI 160.00 2011603 08/03/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 10,428.00 2011604 08/03/2023 PRINTED 015917 JENNIFER HILL 80.82 2011605 08/03/2023 PRINTED 103944 COREY IVAN HOLLAND 15,000.00 2011606 08/03/2023 PRINTED 100877 WILLIE HOLLAND 5,723.00 2011607 08/03/2023 PRINTED 103583 HR DYNAMICS AND PERFORMAN 18,250.00 2011608 08/03/2023 PRINTED 104418 LUIS HUIRACHE CABALLERO 55.00 2011609 08/03/2023 PRINTED 100107 INTERNATIONAL INSTITUTE O 350.00 2011610 08/03/2023 PRINTED 100494 IMAGE360 - PALM DESERT 4,477.07 2011611 08/03/2023 PRINTED 101421 IMPRESSION DESIGN GROUP 3,606.70 2011612 08/03/2023 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 580.00 2011613 08/03/2023 PRINTED 101727 IRON MOUNTAIN 1,155.72 2011614 08/03/2023 PRINTED 101364 IT1 SOURCE LLC 884.14 2011615 08/03/2023 PRINTED 104038 J & L AUTO BODY INC 13,214.36 2011616 08/03/2023 PRINTED 100488 JOEY ENGLISH PRODUCTIONS 1,200.00 2011617 08/03/2023 PRINTED 015953 GABRIELA JONES 287.43 2011618 08/03/2023 PRINTED 100496 MAJA KALABIC 665.00 2011619 08/03/2023 PRINTED 100336 KEENAN AND ASSOCIATES 5,758.87 2011620 08/03/2023 PRINTED 103525 KGAY PSP CORPORATION 420.00 2011621 08/03/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 11,116.36 2011622 08/03/2023 PRINTED 101606 KINCAID INDUSTRIES INC 1,936.65 2011623 08/03/2023 PRINTED 101200 KOA CORPORATION 33,363.84 2011624 08/03/2023 PRINTED 100261 KONE INC 7,930.49 2011625 08/03/2023 PRINTED 101475 LA PRENSA HISPANA INC 3,720.00 2011626 08/03/2023 PRINTED 016014 JASON LAMB 890.34 2011627 08/03/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 5,210.00 2011628 08/03/2023 PRINTED 104316 LUCKY PENNY CAT CLUB 639.00 2011629 08/03/2023 PRINTED 103726 LY ENVIRONMENTAL INC 750.00 2011630 08/03/2023 PRINTED 100849 MANSFIELD POWER AND GAS L 192,965.45 2011631 08/03/2023 PRINTED 101513 MARTHA'S VILLAGE AND KITC 32,962.07 2011632 08/03/2023 PRINTED 104243 DANIEL MARTIN 41.00 2011633 08/03/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 665.35 2011634 08/03/2023 PRINTED 016438 LINDSEY-PAIGE MCCLOY 1,004.12 2011635 08/03/2023 PRINTED 104269 MEAD AND HUNT INC 124,244.80 2011636 08/03/2023 PRINTED 016128 KENNETH MERENDA 60.00 2011637 08/03/2023 PRINTED 016362 ANDREW MILLS 150.00 Item 1C - Page 17
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011638 08/03/2023 PRINTED 016183 FRANCISCO MIRANDA-TORRES 163.82 2011639 08/03/2023 PRINTED 104429 MUNIICPAL MANAGEMENT ASSI 90.00 2011640 08/03/2023 PRINTED 103896 MOHAWK COMMERCIAL INC 15,565.79 2011641 08/03/2023 PRINTED 104431 SHEILA MONROE 1,034.00 2011642 08/03/2023 PRINTED 016018 WILLIAM MOSS 890.34 2011643 08/03/2023 PRINTED 101855 MOTOWORX GARAGE 5,372.50 2011644 08/03/2023 PRINTED 101304 MWH CONSTRUCTORS INC 70,817.99 2011645 08/03/2023 PRINTED 100148 NALCO COMPANY 13,191.55 2011646 08/03/2023 PRINTED 100704 NATIONAL TESTING NETWORK 150.00 2011647 08/03/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 298.31 2011648 08/03/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,757.10 2011649 08/03/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,162.80 2011650 08/03/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 1,718.88 2011651 08/03/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 624.00 2011652 08/03/2023 PRINTED 103236 PARK CONSULTING GROUP INC 15,095.00 2011653 08/03/2023 PRINTED 104339 DENNY PASCASIO 500.00 2011654 08/03/2023 PRINTED 016296 FEDERICO PAZ 330.75 2011655 08/03/2023 PRINTED 101711 PLACER LABS INC 15,000.00 2011656 08/03/2023 PRINTED 101434 PLACEWORKS 11,161.14 2011657 08/03/2023 PRINTED 101674 PROCAST PRODUCTS INC 2,265.63 2011658 08/03/2023 PRINTED 101767 PROFORMA SOCAL 369.87 2011659 08/03/2023 PRINTED 100596 PROPER SOLUTIONS INC 60,161.96 2011660 08/03/2023 PRINTED 103563 PYRO-COMM SYSTEMS INC 1,026.97 2011661 08/03/2023 PRINTED 100762 QUADIENT INC. 235.60 2011662 08/03/2023 PRINTED 101230 R S AND H CALIFORNIA INC 35,120.70 2011663 08/03/2023 PRINTED 016160 JACOB RAGSDALE 250.00 2011664 08/03/2023 PRINTED 016394 GRACIELA RAMOS 166.39 2011665 08/03/2023 PRINTED 015480 PAOLA RAMOS 879.82 2011666 08/03/2023 PRINTED 104433 RATHER BE PROPERTIES LLC 1,009.00 2011667 08/03/2023 PRINTED 016501 FRANK RAYGOZA 1,046.40 2011668 08/03/2023 PRINTED 101728 PALM SPRINGS WATER SYSTEM 2,289.60 2011669 08/03/2023 PRINTED 100076 RCLEAA 350.00 2011670 08/03/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 8,835.56 2011671 08/03/2023 PRINTED 104364 RENE S HICKEY 600.00 2011672 08/03/2023 PRINTED 016361 MIGUELANGEL REYES 157.68 2011673 08/03/2023 PRINTED 101363 RICONDO AND ASSOCIATES IN 43,382.00 2011674 08/03/2023 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2011675 08/03/2023 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 44,397.00 2011676 08/03/2023 PRINTED 103678 ROADRUNNER PRINTING AND S 1,420.25 2011677 08/03/2023 PRINTED 100400 ROBERT HALF 17,480.00 2011678 08/03/2023 PRINTED 104427 JOVAN RODRIGUEZ 55.00 2011679 08/03/2023 PRINTED 016059 DANIEL ROWLES 304.90 2011680 08/03/2023 PRINTED 016106 BERNARD RYAN 890.34 2011681 08/03/2023 PRINTED 104430 ANTHONY SANTISTEVAN 276.00 2011682 08/03/2023 PRINTED 016322 MICHELLE SARDINA 323.82 2011683 08/03/2023 PRINTED 101542 SC COMMERCIAL 4,175.08 2011684 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 206.28 2011685 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 36,689.44 2011686 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,568.75 2011687 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,185.05 2011688 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,378.72 2011689 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,629.39 Item 1C - Page 18
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011690 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 115.37 2011691 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 227.19 2011692 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 333.82 2011693 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 55,524.20 2011694 08/03/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 663.31 2011695 08/03/2023 PRINTED 015698 SCOTT HERNANDEZ 300.00 2011696 08/03/2023 PRINTED 015851 SHAWN ARDEN 240.00 2011697 08/03/2023 PRINTED 104419 DANIEL SHIN 857.00 2011698 08/03/2023 PRINTED 016420 JAMES SHIN 250.00 2011699 08/03/2023 PRINTED 100435 THE SHREDDERS 116.00 2011700 08/03/2023 PRINTED 100010 SMOKE TREE STABLES 840.00 2011701 08/03/2023 PRINTED 016200 NICOLAS SNOWDEN 270.20 2011702 08/03/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 1,196.23 2011703 08/03/2023 PRINTED 104309 SOUTHWEST BOULDER AND STO 9,387.51 2011704 08/03/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 729.94 2011705 08/03/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 571.14 2011706 08/03/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 583.57 2011707 08/03/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 39,877.73 2011708 08/03/2023 PRINTED 100737 ST MICHAEL STRATEGIES 300.87 2011709 08/03/2023 PRINTED 100544 STANLEY ACCESS TECHNOLOGI 900.00 2011710 08/03/2023 PRINTED 100284 STANTEC CONSULTING SVCS I 3,530.00 2011711 08/03/2023 PRINTED 016164 ANTONIO SUAREZ-ALVAREZ 769.34 2011712 08/03/2023 PRINTED 101825 TELOS IDENTITY MGMT SOLUT 915.25 2011713 08/03/2023 PRINTED 100900 TERRA NOVA PLANNING AND R 1,267.50 2011714 08/03/2023 PRINTED 104184 TK ELEVATOR CORPORATION 34,406.24 2011715 08/03/2023 PRINTED 104308 WS CHIEF CORNERSTONE INC 4,865.00 2011716 08/03/2023 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,000.00 2011717 08/03/2023 PRINTED 102712 TSG ENTERPRISES, INC. 3,350.00 2011718 08/03/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 492,486.00 2011719 08/03/2023 PRINTED 100386 U S CUSTOMS AND BORDER PR 5,171.00 2011720 08/03/2023 PRINTED 100114 UNITED RENTALS NA INC 9,295.50 2011721 08/03/2023 PRINTED 101730 UNITED TRANSMISSION EXCHA 8,337.56 2011722 08/03/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 192,383.37 2011723 08/03/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 100,833.78 2011724 08/03/2023 PRINTED 101784 V AND V MANUFACTURING 184.45 2011725 08/03/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,679.78 2011726 08/03/2023 PRINTED 100099 VALUE LINE PUBLISHING INC 10,500.00 2011727 08/03/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 78.60 2011728 08/03/2023 PRINTED 104390 VELOCITY SYSTEMS LLC 14,494.00 2011729 08/03/2023 PRINTED 104034 VERDE FACILITIES SERVICES 52,392.80 2011730 08/03/2023 PRINTED 100621 VERIZON BUSINESS 584.14 2011731 08/03/2023 PRINTED 100144 VERIZON WIRELESS 12,138.92 2011732 08/03/2023 PRINTED 100144 VERIZON WIRELESS 3,034.48 2011733 08/03/2023 PRINTED 100050 VISION SERVICE PLAN 6,374.50 2011734 08/03/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 4,318.58 2011735 08/03/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,877.03 2011736 08/03/2023 PRINTED 104421 RAPHAEL VON RACHE 266.85 2011737 08/03/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 4,505.10 2011738 08/03/2023 PRINTED 104402 JURGEN WEISS 110,806.00 2011739 08/03/2023 PRINTED 104133 WASTE EQUIPMENT SALES AND 123,451.41 2011740 08/03/2023 PRINTED 101680 WEST COAST CODE CONSULTAN 241,166.71 2011741 08/03/2023 PRINTED 100299 WILLDAN FINANCIAL SERVICE 3,950.00 Item 1C - Page 19
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011742 08/03/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 476.00 261 CHECKS CASH ACCOUNT TOTAL 4,277,855.50 .00 Item 1C - Page 20
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/03/2023 14:52
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
261 CHECKS FINAL TOTAL 4,277,855.50 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 21
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011757 08/17/2023 PRINTED 100824 15000 INC 735.00 2011758 08/17/2023 PRINTED 100743 ACE AMERICAN INS CO / CHU 1,000.00 2011759 08/17/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 48,297.24 2011760 08/17/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 126,491.78 2011761 08/17/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 22,757.53 2011762 08/17/2023 PRINTED 100403 AETNA 19,382.13 2011763 08/17/2023 PRINTED 104401 HEALTH AND HUMAN RESOURCE 989.90 2011764 08/17/2023 PRINTED 100345 NANNER V INC 850.00 2011765 08/17/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 440.00 2011766 08/17/2023 PRINTED 016113 AUSTIN ALEXANDER 207.49 2011767 08/17/2023 PRINTED 103273 ALFARO COMMUNICATIONS CON 810,917.44 2011768 08/17/2023 PRINTED 103797 ALLISON MECHANICAL INC 21,009.12 2011769 08/17/2023 PRINTED 100912 ALPHA MEDIA LLC 1,033.00 2011770 08/17/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 68.00 2011771 08/17/2023 PRINTED 102944 AMADEUS AIRPORT IT AMERIC 412,229.00 2011772 08/17/2023 PRINTED 100572 AMAZON COM 39.29 2011773 08/17/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 2,491.81 2011774 08/17/2023 PRINTED 104248 AMS.NET INC 35,583.00 2011775 08/17/2023 PRINTED 100235 AMTECH ELEVATOR SERVICES 669.63 2011776 08/17/2023 PRINTED 016414 DESTINY ARCE 700.00 2011777 08/17/2023 PRINTED 100370 AT&T 293.25 2011778 08/17/2023 PRINTED 100765 GOVERNMENT REVENUE SOLUTI 333.75 2011779 08/17/2023 PRINTED 100413 B & H PHOTO 4,462.45 2011780 08/17/2023 PRINTED 016393 ERNESTO BALCAZAR 625.21 2011781 08/17/2023 PRINTED 103994 BANNER BANK 100,398.55 2011782 08/17/2023 PRINTED 101049 MARY BARSALEAU 248.50 2011783 08/17/2023 PRINTED 104386 BERG AND ASSOCIATES INC 7,684.48 2011784 08/17/2023 PRINTED 015789 LAUREN BIXLER 700.00 2011785 08/17/2023 PRINTED 103721 BLUEBEAM INC 1,225.00 2011786 08/17/2023 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 286,235.00 2011787 08/17/2023 PRINTED 100128 BRODART CO 2,505.89 2011788 08/17/2023 PRINTED 011051 FRANK BROWNING 2,068.00 2011789 08/17/2023 PRINTED 101331 BRUCE ALAN BOWER 3,302.94 2011790 08/17/2023 PRINTED 100460 CALIFA GROUP 7,719.54 2011791 08/17/2023 PRINTED 100587 CALIFORNIA LIBRARY ASSOCI 750.00 2011792 08/17/2023 PRINTED 101193 CANYON COPY AND PRINT 20,866.95 2011793 08/17/2023 PRINTED 103852 CARSON TRAILER INC 45,548.26 2011794 08/17/2023 PRINTED 100343 CAVENAUGH AND ASSOCIATES 1,860.00 2011795 08/17/2023 PRINTED 103619 CHANDLER ASSET MANAGEMENT 13,286.01 2011796 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 540.65 2011797 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 540.65 2011798 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 234.99 2011799 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 195.18 2011800 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 209.97 2011801 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2011802 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 19.99 2011803 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 545.93 2011804 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,300.00 2011805 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 545.93 2011806 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 129.99 2011807 08/17/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,646.92 2011808 08/17/2023 PRINTED 100558 CINTAS CORPORATION 347.55 Item 1C - Page 22
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011809 08/17/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 30,412.60 2011810 08/17/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 3,000.00 2011811 08/17/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 100,000.00 2011812 08/17/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 4,375.02 2011813 08/17/2023 PRINTED 100566 COACHELLA VALLEY WATER DI 17,950.24 2011814 08/17/2023 PRINTED 101634 CODE 3 TECHNOLOGY LLC 419,971.09 2011815 08/17/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 256.95 2011816 08/17/2023 PRINTED 103833 GAMAL J PALMER 8,000.00 2011817 08/17/2023 PRINTED 103609 THERESA M MARSH 995.00 2011818 08/17/2023 PRINTED 104051 DG INVESTMENT INTERMEDIAT 238.97 2011819 08/17/2023 PRINTED 100205 NANCY K BOHL INC 550.00 2011820 08/17/2023 PRINTED 100006 CPCA 10,300.00 2011821 08/17/2023 PRINTED 015542 JOSHUA CROCKER 95.20 2011822 08/17/2023 PRINTED 103691 CSG EV LLC 13,500.00 2011823 08/17/2023 PRINTED 100490 COACHELLA VALLEY CONSERVA 1,499.85 2011824 08/17/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 3,601.05 2011825 08/17/2023 PRINTED 100318 DATA TICKET INC 2,271.35 2011826 08/17/2023 PRINTED 016027 SAMANTHA DE LA CRUZ 700.00 2011827 08/17/2023 PRINTED 015590 ARASELI DE LA ROSA 1,100.00 2011828 08/17/2023 PRINTED 101281 DELTA DENTAL HMO 1,747.84 2011829 08/17/2023 PRINTED 101282 DELTA DENTAL PPO 22,653.74 2011830 08/17/2023 PRINTED 100067 DEMCO 363.22 2011831 08/17/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 354.00 2011832 08/17/2023 PRINTED 103589 DESERT ARC 500.00 2011833 08/17/2023 PRINTED 100048 DESERT FIRE EXTINGUISHER 237.42 2011834 08/17/2023 PRINTED 100150 DESERT PUBLICATIONS INC 4,200.00 2011835 08/17/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 1,952.20 2011836 08/17/2023 PRINTED 103953 DIVE MANAGEMENT LLC 45,878.90 2011837 08/17/2023 PRINTED 100296 DLT SOLUTIONS LLC 2,907.60 2011838 08/17/2023 PRINTED 100254 DOKKEN ENGINEERING 2,586.82 2011839 08/17/2023 PRINTED 100151 DOOLEY ENTERPRISES INC 24,133.24 2011840 08/17/2023 PRINTED 100393 GERGIS YOUSEF 6,311.62 2011841 08/17/2023 PRINTED 100984 DTPS C-15 LLC 3,278.19 2011842 08/17/2023 PRINTED 101179 MARIANA DUSPIVA 426.00 2011843 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 29,433.17 2011844 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 16.04 2011845 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 44,659.03 2011846 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 851.95 2011847 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2011848 08/17/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2011849 08/17/2023 PRINTED 100055 DESERT WATER AGENCY 91,888.07 2011850 08/17/2023 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 3,813.00 2011851 08/17/2023 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 78,139.40 2011852 08/17/2023 PRINTED 101293 ENGIE SERVICES U.S. INC. 184,588.91 2011853 08/17/2023 PRINTED 100274 ENGINEERING RESOURCES OF 3,255.50 2011854 08/17/2023 PRINTED 100226 ENTERPRISE RENT A CAR 767.17 2011855 08/17/2023 PRINTED 101375 EPACT NETWORK LTD 450.00 2011856 08/17/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 11.02 2011857 08/17/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,750.50 2011858 08/17/2023 PRINTED 100480 FRIENDS OF THE PALM SPRIN 605.85 2011859 08/17/2023 PRINTED 100480 FRIENDS OF THE PALM SPRIN 97,528.96 2011860 08/17/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 67.98 Item 1C - Page 23
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011861 08/17/2023 PRINTED 100828 FUSION CLOUD SERVICES LLC 327.25 2011862 08/17/2023 PRINTED 016514 NIKKI GOMEZ 237.89 2011863 08/17/2023 PRINTED 103824 GOVOS INC 7,500.00 2011864 08/17/2023 PRINTED 101618 GRANICUS LLC 17,731.25 2011865 08/17/2023 PRINTED 101398 GRIT DEVELOPMENT 800.00 2011866 08/17/2023 PRINTED 103998 JANE M GUY 728.00 2011867 08/17/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 213,917.40 2011868 08/17/2023 PRINTED 103944 COREY IVAN HOLLAND 104,402.05 2011869 08/17/2023 PRINTED 104337 HOSEA COTLEDGE 1,396.50 2011870 08/17/2023 PRINTED 016154 JASMINE HUGHES 700.00 2011871 08/17/2023 PRINTED 100494 IMAGE360 PALM DESERT 1,410.04 2011872 08/17/2023 PRINTED 100483 INFOSAT 232.86 2011873 08/17/2023 PRINTED 100484 AMERICAN TOWER CORPORATIO 12,574.86 2011874 08/17/2023 PRINTED 100199 INTERNATIONAL CODE COUNCI 450.11 2011875 08/17/2023 PRINTED 101727 IRON MOUNTAIN 5,038.17 2011876 08/17/2023 PRINTED 101364 IT1 SOURCE LLC 6,943.36 2011877 08/17/2023 PRINTED 104038 J & L AUTO BODY INC 18,651.62 2011878 08/17/2023 PRINTED 101700 JNS NEXT CREATIVE AND MED 6,000.00 2011879 08/17/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 162,332.50 2011880 08/17/2023 PRINTED 104435 JOHN EDWARD RODRIGUEZ 21,967.00 2011881 08/17/2023 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 28.10 2011882 08/17/2023 PRINTED 101606 KINCAID INDUSTRIES INC 20,222.26 2011883 08/17/2023 PRINTED 016409 EDWARD KNOX 925.00 2011884 08/17/2023 PRINTED 101200 KOA CORPORATION 19,972.47 2011885 08/17/2023 PRINTED 104436 ALEXANDER KORCHMAREV 857.00 2011886 08/17/2023 PRINTED 016203 EMMI KRAMER 700.00 2011887 08/17/2023 PRINTED 016014 JASON LAMB 840.00 2011888 08/17/2023 PRINTED 100525 LAWCX 5,148.00 2011889 08/17/2023 PRINTED 016428 JUSTIN LAWLER 925.00 2011890 08/17/2023 PRINTED 101768 LEXIPOL LLC 16,451.42 2011891 08/17/2023 PRINTED 101800 LIBRARY IDEAS 43.08 2011892 08/17/2023 PRINTED 104395 LIFF HAPPENS INC 455.00 2011893 08/17/2023 PRINTED 101260 THE LLOYD PEST CONTROL 1,368.00 2011894 08/17/2023 PRINTED 101309 LNRS DATA SERVICES INC. 1,833.61 2011895 08/17/2023 PRINTED 016368 CAMERON LOPEZ 275.10 2011896 08/17/2023 PRINTED 103726 LY ENVIRONMENTAL INC 1,150.00 2011897 08/17/2023 PRINTED 104442 ROSA MARTINEZ 887.00 2011898 08/17/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 1,538.25 2011899 08/17/2023 PRINTED 104443 LILLIE MCCRANEY 5.00 2011900 08/17/2023 PRINTED 103499 MCMASTER-CARR SUPPLY COMP 1,071.58 2011901 08/17/2023 PRINTED 104081 JONATHON RAY MERCHAIN 1,200.00 2011902 08/17/2023 PRINTED 101798 MIDWEST TAPE INC 96.88 2011903 08/17/2023 PRINTED 016362 ANDREW MILLS 2,791.54 2011904 08/17/2023 PRINTED 100266 MIRACLE RECREATION EQUIPM 6,993.12 2011905 08/17/2023 PRINTED 100223 MOBILE MINI LLC CA 241.93 2011906 08/17/2023 PRINTED 100079 MOHICA TOWING 530.00 2011907 08/17/2023 PRINTED 101855 JORDAN FREEMAN 3,207.12 2011908 08/17/2023 PRINTED 104420 JAMES E MURPHY 1,971.00 2011909 08/17/2023 PRINTED 101211 NAI CONSULTING 16,087.50 2011910 08/17/2023 PRINTED 104057 DONNA S NEWTON 1,141.00 2011911 08/17/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 298.31 2011912 08/17/2023 PRINTED 100103 OCLC ONLINE COMPUTER LIBR 29,401.00 Item 1C - Page 24
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011913 08/17/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 8,779.25 2011914 08/17/2023 PRINTED 103821 SHEEHAN'S OFFICE INTERIOR 1,733.26 2011915 08/17/2023 PRINTED 104355 PACIFIC WEST UNDERGROUND 34,660.27 2011916 08/17/2023 PRINTED 100560 PALM DESERT CHAMBER OF CO 425.00 2011917 08/17/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 255.00 2011918 08/17/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 267.19 2011919 08/17/2023 PRINTED 100082 PALM SPRINGS MIRROR AND G 8,195.00 2011920 08/17/2023 PRINTED 100133 PALM SPRINGS MOTORS 813.02 2011921 08/17/2023 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 296.00 2011922 08/17/2023 PRINTED 103848 PROFESSIONAL ASBESTOS REM 4,445.00 2011923 08/17/2023 PRINTED 104440 MARTIN PICHINSON 740.00 2011924 08/17/2023 PRINTED 100186 GOLD STAR VENTURES EAST 292.86 2011925 08/17/2023 PRINTED 101434 PLACEWORKS 26,939.74 2011926 08/17/2023 PRINTED 104022 ISAAC CLARK 2,900.00 2011927 08/17/2023 PRINTED 100596 PROPER SOLUTIONS INC 34,710.77 2011928 08/17/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,223.28 2011929 08/17/2023 PRINTED 103615 PALM SPRINGS FIREFIGHTERS 5,440.56 2011930 08/17/2023 PRINTED 100654 PS RESORTS 72,865.00 2011931 08/17/2023 PRINTED 103895 PUB CONSTRUCTION INC 3,520.32 2011932 08/17/2023 PRINTED 101642 QUENCH USA INC 241.16 2011933 08/17/2023 PRINTED 101692 THE QUOTIENT GROUP 11,300.00 2011934 08/17/2023 PRINTED 101230 R S AND H CALIFORNIA INC 19,254.20 2011935 08/17/2023 PRINTED 101629 THE RAMSAY GROUP 5,625.00 2011936 08/17/2023 PRINTED 100629 RANCHO MIRAGE CHAMBER OF 275.00 2011937 08/17/2023 PRINTED 101728 PALM SPRINGS WATER SYSTEM 153.60 2011938 08/17/2023 PRINTED 101728 PALM SPRINGS WATER SYSTEM 763.20 2011939 08/17/2023 PRINTED 101728 PALM SPRINGS WATER SYSTEM 1,125.80 2011940 08/17/2023 PRINTED 103678 ROADRUNNER PRINTING AND S 1,136.47 2011941 08/17/2023 PRINTED 100400 ROBERT HALF INTERNATIONAL 17,466.05 2011942 08/17/2023 PRINTED 101823 ROYAL CANIN 796.32 2011943 08/17/2023 PRINTED 104059 SAME DAY EXPRESS LLC 3,655.00 2011944 08/17/2023 PRINTED 101542 SC COMMERCIAL LLC 1,345.84 2011945 08/17/2023 PRINTED 100219 SOUTHERN CALIFORNIA EDISO 5,079.78 2011946 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,664.96 2011947 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,378.12 2011948 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 118.67 2011949 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 74.72 2011950 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 103.75 2011951 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,216.87 2011952 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.76 2011953 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24.13 2011954 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 51.48 2011955 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.39 2011956 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 688.92 2011957 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 364.50 2011958 08/17/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 11,569.23 2011959 08/17/2023 PRINTED 104416 DARTS RESTORATION SERVICE 8,870.25 2011960 08/17/2023 PRINTED 100546 SHADE STRUCTURES INC 3,980.50 2011961 08/17/2023 PRINTED 016163 AUSTIN SHANK 494.85 2011962 08/17/2023 PRINTED 100435 THE SHREDDERS 473.00 2011963 08/17/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 16,821.00 2011964 08/17/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 742.50 Item 1C - Page 25
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2011965 08/17/2023 PRINTED 104053 RKLJS CORP 13,502.38 2011966 08/17/2023 PRINTED 100327 SOUTH COAST EMERGENCY VEH 24,014.64 2011967 08/17/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 38,709.21 2011968 08/17/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 70.44 2011969 08/17/2023 PRINTED 100120 SPOK INC 47.25 2011970 08/17/2023 PRINTED 103901 STEVE P RADOS INC 1,907,578.15 2011971 08/17/2023 PRINTED 101852 TESLA ENERGY OPERATIONS I 28,731.47 2011972 08/17/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 403.23 2011973 08/17/2023 PRINTED 103488 TT FASTER LLC 14,392.95 2011974 08/17/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 24,728.00 2011975 08/17/2023 PRINTED 100386 U S CUSTOMS SERVICE 837.24 2011976 08/17/2023 PRINTED 100063 UNDERGROUND SERVICE ALERT 529.17 2011977 08/17/2023 PRINTED 104384 UNIFIED FIELD SERVICES CO 6,882.75 2011978 08/17/2023 PRINTED 100533 UNITED REFRIGERATION INC. 2,153.78 2011979 08/17/2023 PRINTED 104368 UNIVERSAL GREEN LLC 33,500.00 2011980 08/17/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 110,825.44 2011981 08/17/2023 PRINTED 100468 USPS (QUADRIENT POSTAGE-O 20,000.00 2011982 08/17/2023 PRINTED 101784 V AND V MANUFACTURING 153.99 2011983 08/17/2023 PRINTED 100200 VALLEY LOCK AND SAFE 163.88 2011984 08/17/2023 PRINTED 015945 JUAN VASQUEZ 925.00 2011985 08/17/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 216.60 2011986 08/17/2023 PRINTED 100621 VERIZON BUSINESS 228.77 2011987 08/17/2023 PRINTED 100144 VERIZON WIRELESS 2,288.01 2011988 08/17/2023 PRINTED 100144 VERIZON WIRELESS 39.55 2011989 08/17/2023 PRINTED 100144 VERIZON WIRELESS 3,971.74 2011990 08/17/2023 PRINTED 100144 VERIZON WIRELESS 844.22 2011991 08/17/2023 PRINTED 100050 VISION SERVICE PLAN 6,347.66 2011992 08/17/2023 PRINTED 100121 VISIT GREATER PALM SPRING 66,693.49 2011993 08/17/2023 PRINTED 100121 VISIT GREATER PALM SPRING 111,538.94 2011994 08/17/2023 PRINTED 101277 VOHNE LICHE KENNELS INC 550.00 2011995 08/17/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 10,061.93 2011996 08/17/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 120.17 2011997 08/17/2023 PRINTED 100233 WESTERN PUMP INC 1,200.00 2011998 08/17/2023 PRINTED 103973 WEX HEALTH INC 2,375.10 2011999 08/17/2023 PRINTED 101604 WGJ ENTERPRISES 135,680.00 2012000 08/17/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 399.00 2012001 08/17/2023 PRINTED 104438 RYAN YBARRA 1,642.00 245 CHECKS CASH ACCOUNT TOTAL 6,921,529.34 .00 Item 1C - Page 26
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 08/17/2023 14:36
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
245 CHECKS FINAL TOTAL 6,921,529.34 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 27
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,349,106.74
DEFERRED COMP: NATIONWIDE 26,991.82
ICMA RHS CONTRIBUTION 21,950.00
CA DCCS 2,350.81
STATE TAXES 118,694.81
11,981.95
VENDOR WIRE PYMTS 5,056.19
DEFERRED COMP: ICMA 457 44,901.77
LIABILITY CHECK REGISTER 2011146-2011159 26,430.26
PAYROLL DIRECT DEPOSITS 1,707,450.91
FEDERAL TAXES 350,203.10
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422383-422396 33,095.12
September 26, 2023
PAYROLL PERIOD ENDING 7/8/2023
PAY DATE 7/14/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 09262023 |9/13/2023 | 12:29 PM (AM) 1 | 1 Item 1C - Page 28

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,487,495.94
DEFERRED COMP: NATIONWIDE 33,388.18
ICMA RHS CONTRIBUTION 21,700.00
CA DCCS 2,350.81
STATE TAXES 122,662.45
11,635.68
VENDOR WIRE PYMTS 5,054.50
DEFERRED COMP: ICMA 457 45,993.30
LIABILITY CHECK REGISTER 2011468-2011481 26,456.97
PAYROLL DIRECT DEPOSITS 1,814,364.04
FEDERAL TAXES 368,718.06
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422397-422414 35,171.95
September 26, 2023
PAYROLL PERIOD ENDING 7/22/2023
PAY DATE 7/28/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 09262023 (2) |9/13/2023 | 12:30 PM (AM) 1 | 1 Item 1C - Page 29

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,354,211.86
DEFERRED COMP: NATIONWIDE 26,791.82
ICMA RHS CONTRIBUTION 22,012.50
CA DCCS 2,350.81
STATE TAXES 114,269.10
11,635.68
VENDOR WIRE PYMTS 5,143.50
DEFERRED COMP: ICMA 457 82,226.77
LIABILITY CHECK REGISTER 2011743-2011756 26,353.61
PAYROLL DIRECT DEPOSITS 1,697,418.15
FEDERAL TAXES 341,788.24
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422415-422426 24,221.68
September 26, 2023
PAYROLL PERIOD ENDING 8/5/2023
PAY DATE 8/11/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 09262023 (3) |9/13/2023 | 12:34 PM (AM) 1 | 1 Item 1C - Page 30

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,367,315.27
DEFERRED COMP: NATIONWIDE 27,115.82
ICMA RHS CONTRIBUTION 22,012.50
CA DCCS 2,350.81
STATE TAXES 117,525.38
11,635.68
VENDOR WIRE PYMTS 5,050.73
DEFERRED COMP: ICMA 457 44,738.77
LIABILITY CHECK REGISTER 2012002-2012015 26,222.39
PAYROLL DIRECT DEPOSITS 1,733,352.08
FEDERAL TAXES 349,088.60
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422427-422439 28,222.51
September 26, 2023
PAYROLL PERIOD ENDING 8/19/2023
PAY DATE 8/25/2023
Payroll Wires and Warrants Memo for Council 2023.xlsx | 09262023 (4) |9/13/2023 | 12:35 PM (AM) 1 | 1 Item 1C - Page 31

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JULY 1 THROUGH JULY 31, 2023, AND AUGUST 1 THROUGH AUGUST 31, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of July 1 through July 31, 2023, and August 1 through August 31, 2023.

Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 26, 2023 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JU LY 1 THROUGH JU LY 31 , 2023, AND AUGUST 1 THROUGH AUGUST 31, 2023
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:

Rec
eive and file the report of Staff Authorized Agreements ( Attachment A and C) and Purchase Orders (Attachment B and D) for the period of July 1 through July 31, 2023, and August 1 through August 31, 2023.

STAFF ANALYSIS:

The Ci
ty’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 Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:

A. Ci
ty Manager or designee authorized agreements for July 2023 B. Purchase orders for July 2023
C. City Manager or designee authorized agreements for August 2023 D. Purchase orders for August 2023
Item 1D - Page 1

ATTACHMENT A

Item 1D - Page 2
Staff Authorized Agreements
July 1, 2023 - July 31, 2023
DEPT CONTRACT # CONTRACT DESCRIPTION CONTRACT
TOTAL
23I162 CONSULTING SERVICES FOR AIRPORT TEAM
DEVELOPMENT AND STRATEGY SUPPORT.
103644 THE CENTRE FOR ORGANIZATION

EFFECTIVENESS
$9,900.00
23S165 VISITOR PASS PROGRAM SUBSCRIPTION SERVICE 104405 MIS CHOICE, INC. $48,000.00 FIRE DEPARTMENT 23S153 UNLIMITED USER LICENSES FOR SMARTCAPTURE ENTERPRISE SOFTWARE.

APX $6,500.00
23C169 AUTOMOX MSA 103633 CARAHSOFT $16,618.58
23I155 INSTALL 4 NEW DEDICATED IT CIRCUITS AT PSPD 100519 HORIZON LIGHTING $5,213.46 23I157 APC SYMMETRA PX 30KVA/30KW MODULAR UPS 100521 GRUBER POWER SERVICES $44,720.40

RECREATION

DEPARTMENT
23I163 HUNTINGTON BEACH TRIP 100404 LIN LINES INC. $2,392.00 23P156 PARKING CITATION MANAGEMENT SERVICES 100318 DATA TICKET, INC. 47,310 .00 23I164 ABATEMENT OF PROPERTY AT 593 WEST AVENIDA
CERCA, PALM SPRINGS, CA 92262
104407 R&RB INC. DBA SERVPRO $63,354.81

AVIATION

DEPARTMENT

SPECIAL PROGRAMS

COMPLIANCE

INFO TECHNOLOGY
VENDOR

Page 1 of 1 ends

Item 1D - Page 3

ATTACHMENT B
Item 1D - Page 4
Purchase Orders
July 1, 2023 - July 31, 2023
Dept PO # Contract # PO Description PO Total
24000097 A8491 DOWNTOWN PUBLIC RESTROOMS 100984 $39,830.03 24000145 23I113 HALON SYSTEMS 101697 $6,230.40
24000188 SWIM CENTER - POOL CHEMICALS-HYPOCHLORITE

SOLUTION
101220 $9,727.62
24000076 APPLE PRODUCTS FOR KIM B. 100413 $1,304. 82
24000077 SOPHOS FIREWALL SUPPORT RENEWAL 8/14/23-
8/13/24
100112 $865.00
24000078 23I147 1 YEAR PREVENTATIVE MAINTENANCE FOR HP

PLOTTER-PD
100330 $1,635.00
24000081 OWC THUNDERBOLT DRIVE FOR IT 100413 $514.28
24000082 ADOBE STOCK LICENSING FOR CITY HALL 101364 $173.23 24000084 23S138 RATTLE TECH RENEWAL 7/31/23-7/30/24 101527 $6,000.00 24000085 ADOBE STOCK LICENSING FOR PSP 101364 $173.23
24000086 FORTIANALYZER LICENSE - 36 MONTHS 101364 $11,860. 00 24000088 A9194 NEW HIRE LAPTOPS/BACKPACKS FOR IT 100265 $8,000.49 24000091 23C143 LASERFICHE LICENSING AND SUPPORT YEAR 1 OF 5 101662 $29,263.80 24000095 2 BLUEBEAM LICENSES FOR PSP 103721 $350.00
24000096 3 BLUEBEAM LICENSES FOR BUILDING AND SAFETY 103721 $525.00 24000098 CALIFORNIA LIBRARY CONNECT CTC TECHNOLOGY &
ENERGY
103919 $5,050.26
24000100 ANNUAL RENEWAL FOR APX- SMARTCAPTURE &

SMARTVIEW
101573 $6,500.00
24000115 23I155 INSTALL 4 NEW UPS AT PSPD 100519 $5,213.46 24000116 FORTINET RENEWAL FOR IT 101364 $884.14
24000117 A9255 ANNUAL RENEWAL FOR LEXIPOL | YEAR 2 OF 3 | A9255 101768 $16,451.42 24000118 FRESH SERVICE 5 ADDITIONAL LICENSES 6/29/23-
7/29/2
103949 $1,912.00
24000121 SITEIMPROVE RENEWAL YEAR 3 OF 4 101323 $5,098. 65 24000124 23S072 DAKTRONICS INTEGRATION 100410 $26,501.14 24000138 AGENDA QUICK SOFTWARE RENEWAL YEAR 2 OF 5 101387 $7,820. 00 24000140 23C029 BRIGHTLY- MAINTENANCE EDGE RENEWAL 7/1/23- 6/30/24
101301 $2,805.14
24000142 5 TVS FOR CONTROL CENTER 100413 $4,966. 36
24000147 3 NETWORK TESTERS FOR IT 100257 $1,236. 80
24000148 3 FLUKE KITS FOR IT 100112 $994.79
24000150 3 OGIO BACKPACKS FOR IT 100413 $393.30
24000152 4 WIRELESS HEADSETS FOR PSP 100413 $783.32
24000175 23S152 VALUE LINE RENEWAL 7/1/23-9/30/26 100099 $10,500.00 24000189 10 ADOBE LICENSES 101364 $379.64
Vendor
A/CITY MANAGER ADMIN DTPS C-15 LLC

THE ADT SECURITY CORPORATION

WATERLINE TECHNOLOGIES INC
IT1 SOURCE LLC

LEXIPOL LLC

FRESHWORKS INC

SITEIMPROVE INC

SIGNATURE TECHNOLOGIES INC

INFO TECHNOLOGY B & H PHOTO

CDW GOVERNMENT INC

COMPUTER AND PERIPHERALS GROUP INC

B & H PHOTO
IT1 SOURCE LLC

RATTLE TECH LLC
IT1 SOURCE LLC
IT1 SOURCE LLC

DELL MARKETING LP

ECS IMAGING INC

BLUEBEAM INC

COLUMBIA TELECOMMUNICATIONS

CORPORATION

ADVANCE PROPERTY EXPOSURE INC

HORIZON LIGHTING INC

B & H PHOTO

VALUE LINE PUBLISHING INC
IT1 SOURCE LLC

DESTINY SOFTWARE

BRIGHTLY SOFTWARE INC

B & H PHOTO

INSIGHT PUBLIC SECTOR INC

CDW GOVERNMENT INC

Page 1 of 5 ends

Item 1D - Page 5
Purchase Orders
July 1, 2023 - July 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000199 20 OF FICE 365 LICENSES 100257 $580.00
24000200 ONLINE PMP TRAINING FOR IT 103926 $1, 050.00
24000201 LPR ANNUAL RENEWAL YR 2 OF 3 101339 $12,165.00 24000202 ENERGOV LICENSES FOR PSP AND BUILDING 101384 $19, 525.00 24000204 A9194 35 PCS AND 20 MONITORS 100265 $58,699.60 24000206 23S154 OCLC, CATALOGING SUBSCRIPTION RENEWAL FY 1 OF 5 100103 $29,401.00
24000225 1 WIRELESS HEADSET 100112 $191. 19
24000243 2 VISIONARY BOARDS 100112 $827. 09
24000256 A9259 AUTOMOX 7/28/23-7/27/24 103633 $16,618.58 CITY CLERK 24000075 A9324 OFFICE SUPPLIES, GENERAL 103900 $15,000.00

SPECIAL PROGRAMS

COMPLIANCE
24000112 A9324 OFFICE SUPPLIES FOR SPECIAL PROGRAM

COMPLIANCE
103900 $7,000.00
HUMAN RESOURCES 24000099 A9324 OFFICE SUPPLIES FOR THE HR DEPARTMENT 103900 $5,000.00 FINANCE DEPARTMENT 24000101 A9324 OFFICE SUPPLIES FOR FINANCE DEPARTMENT 103900 $20,000.00 24000079 A9324 OFFICE SUPPLIES FOR THE PROCUREMENT

DEPARTMENT
103900 $5,000.00
24000093 VARIOUS GOOD AND SUPPLIES FOR THE

PROCUREMENT DEPT
103781 $5,000.00
24000105 A8425 KEENAN BROKERAGE FEE 23-24 100336 $63,500.00

COMMUNITY &
ECONOMIC DEV.
24000166 A9324 OFFICE SUPPLIES FOR COMM. & ECONOMIC DEV.

DEPT.
103900 $6,500.00
24000144 A9071 REPLACE BACKFLOW AT SUNRISE PARK 101606 $14,500.00 24000179 MATERIALS AND SUPPLIES - PARKS DIV 103781 $3, 000.00 24000240 A9324 OFFICE SUPPLIES - PARKS DIV 103900 $5,000.00 24000167 23I145 PORTABLES FOR SPECIAL EVENT 101751 $822.60 24000190 BACKPACKS/SUPPLIES COMMUNITY EVENT -BACK TO
SCHOOL
104403 $1,536.48
24000191 STICKERS FOR COMMUNITY EVENT OPEN HOUSE 103678 $248. 10 24000236 SUPPLIES, GENERAL 103781 $10, 000.00
24000102 A9324 OFFICE SUPPLIES FOR PSPL 103900 $10,000.00 24000113 WORLD BOOK ENCYCLOPEDIA 101729 $1, 309.92
24000114 PURCHASE OF PRINT LIBRARY MATERIALS 100128 $10, 000.00 24000119 PURCHASE OF MATERIALS IN PRINT AND CD/DVD
FORMAT
100572 $8,000.00
24000083 A9324 OFFICE SUPPLIES FOR POLICE DEPARTMENT 103900 $30,000.00 24000092 PURCHASES OF DOG FOOD FOR POLICE K9S 101823 $4, 000.00 24000094 FILTERED DRINKING WATER COOLERS 07/01/23 -
06/30/2
101642 $2,404.92
24000104 23I144 PRE-EMPLOYMENT POLYGRAPH SERVICES 100646 $40,000.00 24000120 ADVERTISING FOR PSPD RECRUITMENT 103525 $2, 620.00 24000192 ADVERTISING FOR PSPD RECRUITMENT 100724 $1, 200.00 AMAZON.COM SALES INC

ROADRUNNER PRINTING AND SHIPPING LLC

AD SUTTON AND SONS INC

DIAMOND ENVIRONMENTAL SERVICES LP

INSIGHT PUBLIC SECTOR INC

CDW GOVERNMENT INC

CARAHSOFT TECHNOLOGY CORPORATION

ODP BUSINESS SOLUTIONS

MUNICIPAL INFORMATION TECHNOLOGY

VIGILANT SOLUTIONS LLC

TYLER TECHNOLOGIES INC

DELL MARKETING LP

OCLC ONLINE COMPUTER LIBRARY CENTER
INC

ODP BUSINESS SOLUTIONS

PARKS MAINTENANCE

MECHANICS

KINCAID INDUSTRIES INC
AMAZON.COM SALES INC

ODP BUSINESS SOLUTIONS

PROCUREMENT &

CONTRACTING

ODP BUSINESS SOLUTIONS
AMAZON.COM SALES INC

KEENAN AND ASSOCIATES

LIBRARY

RECREATION

DEPARTMENT

POLICE DEPARTMENT ODP BUSINESS SOLUTIONS

ROYAL CANIN

QUENCH USA INC

YOLANDA GELLIS

KGAY PSP CORPORATION

BGF LLC / GAY DESERT GUIDE

AMAZON COM

BRODART CO

WORLD BOOK INC

ODP BUSINESS SOLUTIONS

Page 2 of 5 ends

Item 1D - Page 6
Purchase Orders
July 1, 2023 - July 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000193 RENTAL OF EQUIPMENT AND BOTTLED WATER

DELIVERY
100577 $1,300.00
24000223 BLANKET PURCHASE ORDER FOR PSPD ON AMAZON
ACCT.
103781 $10,000.00
24000224 BLANKET PURCHASE ORDER FOR PSNTF ON AMAZON
ACCT.
103781 $5,000.00
PLANNING 24000107 A9324 OFFICE SUPPLIES FOR PLANNING 103900 $5,000.00 BUILDING & SAFETY 24000080 A9324 OFFICE SUPPLIES 103900 $10,000.00 24000103 A9324 OFFICE SUPPLIES FOR ENGINEERING SERVICES

DEPARTMEN
103900 $5,000.00
24000122 ANNUAL WATER COOLER SERVICES 101642 $607.00
24000222 A8355 PARCEL SPLIT - APN 680-020-036 100274 $18,110.00 24000108 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS 101535 $5,000.00 24000109 A9324 PSP MAINT SUPERINTENDENT DESK 103900 $1,542.39 24000110 23S080 PSP AAAE FY2324 PACKAGE 100180 $32,589.00 24000111 A9183 PSP FIRE ALARM SERVICE AGREEMENT 101249 $17,458.58 24000123 23I084 PSP ENVIRONMENTAL TESTING FY SERVICES 101723 $14,219.13 24000155 NEW B RAND SIGNAGE - BANNERS 101193 $20,866.95 24000168 A9082 PSP FALL PROTECTION TRAINING 100114 $1,609.20 24000169 A9324 PSP ADMIN OFFICE SUPPLIES 103900 $2,500.00 24000170 A9324 PSP SECURITY OFFICE SUPPLIES 103900 $2,500.00 24000171 A9324 PSP MAINT OFFICE SUPPLIES 103900 $2,500.00 24000172 A9324 PSP OPS OFFICE SUPPLIES 103900 $2,500.00 24000174 23I129 PSP ANALYTICS SUBSCRIPTION 101711 $15,000.00 24000194 PSP ADM IN MATERIALS AND SUPPLIES 103781 $2,000.00 24000195 PSP HYG IENE PRODUCTS 104398 $4,919.53
24000196 PSP OPS MA TERIALS AND SUPPLIES 103781 $10,000.00 24000197 PSP MAI NT OFFICE SUPPLIES 103781 $10,000.00
24000198 PSP SECU RITY MATERIALS AND SUPPLIES 103781 $10,000.00 24000203 A6082 PSP DIIO SUBSCRIPTION 101309 $22,003.32
24000208 PSP AIRFIELD LIGHTS 100250 $6,764. 76
24000233 23I095 PSP DBE CONSULTING SERVICES 101608 $5,000.00 24000234 PSP MAINTENANCE SERVICES 104022 $2,900. 00
24000239 23I149 PSP ONLINE LOST/FOUND SOFTWARE 104395 $455.00 24000259 23I109 PSP SOCIAL MEDIA SUPPORT 101692 $31,850.00 24000261 23I146 PSP CARPET CLEANING SERVICES 104371 $11,187.20 24000087 3 JUGS OF R22 REFRIGERANT 101739 $5,598. 76
24000089 A9071 REPLACE EOC WELL WATER PUMP CITY HALL 101606 $11,240.81 24000134 A9135 PM SERVICE ON FLEET DEPT. ROLL UP DOOR 103889 $624.00 24000141 23B101 USO BURGLAR SYSTEM 101253 $127.50
24000143 A9135 PANIC BAR REPLACEMENT AT THE POLICE DEPT. 103889 $4,510.00

ODP BUSINESS SOLUTIONS

ENGINEERING - PUBLIC
WORKS

ODP BUSINESS SOLUTIONS

QUENCH USA INC

ENGINEERING RESOURCES OF SOUTHERN
SPARKLETTS - DS SERVICES OF AMERICA INC.

AMAZON.COM SALES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC
AMAZON.COM SALES INC
LNRS DATA SERVICES INC.

FLIGHT LIGHT INC

ACC CONSULTING LLC
AVIATION DEPARTMENT HINGEWERKS COMMERCIAL DOORS INC.

ODP BUSINESS SOLUTIONS

AMERICAN ASSOCIATION OF AIRPORT

JOHNSON CONTROLS US HOLDINGS LLC

FROG ENVIRONMENTAL INC

CANYON COPY AND PRINT

UNITED RENTALS

ODP BUSINESS SOLUTIONS

PLACER LABS INC
AMAZON.COM SALES INC

MASKIT LLC
AMAZON.COM SALES INC

ISAAC CLARK

LIFF HAPPENS INC

THE QUOTIENT GROUP

BUBBLE CARPET CLEANING LLC

FACILITIES

MAINTENANCE

REFRIGERATION SUPPLIES DISTRIBUTOR

KINCAID INDUSTRIES INC

OLLIN DOCK & DOOR INC

CHECKMATE TELEPHONE EXCHANGE INC

OLLIN DOCK & DOOR INC

Page 3 of 5 ends

Item 1D - Page 7
Purchase Orders
July 1, 2023 - July 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000146 23B101 BATTERY REPLACEMENT FOR MULTIPLE CITY

BUILDINGS
101253 $3,000.00
24000154 A9069 WELWOOD LIBRARY AC UNIT INSPECTION 103797 $1,000.00 24000156 A9069 REPAIR AIRPORT COOLING TOWER 103797 $5,000.00 24000157 A9069 EMERGENCY REPAIRS ANIMAL SHELTER AC UNIT 6 103797 $2,500.00 24000173 A8470 AIRPORT VDF INSTALLATION PROJECT 101293 $36,782.00 24000177 MATERIALS AND SUPPLIES - FACILITIES DIV 103781 $5, 000.00 24000183 EMERGENCY CLEAN UP AT THE PALM SPRINGS

LIBRARY
100142 $10,000.00
24000186 EMERG ENCY SERVICE FOR ELEVATOR NO . 3 100280 $3,000.00 24000209 A9071 REPIPE AND ADD NEW FLUSH VALVES TO EX

HALLWAY RR
101606 $15,000.00
24000213 A9135 EMERGENCY PSPD WEST GATE SERVICE 103889 $10,000.00 24000230 A9082 FALL PROTECTION TRAINING 100114 $4,477.50 24000231 A9145 DESERT HIGHLAND PARK CARPET REPLACEMENT 103896 $21,754.66 24000242 A9324 OFFICE SUPPLIES - FACILITIES DIV 103900 $10,000.00 24000246 23B101 FLEET MAINTENANCE PANIC SYSTEM 101253 $170.00 24000253 A9135 SKATE PARKS FRONT DOOR 103889 $10,808.00 24000257 ELEC TRICAL METER FOR CITY HALL 104425 $3,300.17 24000258 EMERGENCY CLEAN UP AT THE PALM SPRINGS

LIBRARY
104416 $10,000.00
24000129 23S057 TURN SIGNAL UNIT 1E4318 EST#129834 100327 $442.25 24000130 A9230 AIR CONDITIONING REPAIR UNIT#502 EST#077498 100393 $3,097.26 24000131 A9230 ALIGNMENT UNIT 065 EST#077503 100393 $149.00 24000132 A9040 TIRE REPLACEMENT ON 1E4105 EST#179195 100115 $2,564.31 24000133 A9040 SERVICE CALL UNIT 608 EST#179200 100115 $256.50 24000135 A9153 5W20 BULK OIL #2423520 101542 $1,103.25 24000136 A9040 SERVICE CALL UNIT A444 REPLACE 6 TIRES 100115 $256.50 24000137 A9040 22550R17 STOCK EST#179097 100115 $542.11 24000139 A9040 TIRES AND TUBES, INCLUDING RECAPPED AND

RETREADED
100115 $652.71
24000149 A9241 COLLISION DAMAGE REPAIR UNIT 205318 104038 $9,218.79 24000151 A9241 COLLISION DAMAGE REPAIR UNIT 060421 104038 $1,761.23 24000153 A9241 COLLISION REPAIR 208618 104038 $5,527.96 24000158 A9040 TIRES FOR FLEET STOCK 100115 $256.83 24000159 A9040 TIRES FOR FLEET STOCK 100115 $301.27 24000160 A9040 TIRES FOR FLEET STOCK 100115 $710.44 24000161 23S057 FIRE APPARATUS PARTS 100327 $473.71
24000162 23S057 FIRE APPARATUS PARTS 100327 $1,160.14 24000163 A9040 TIRES FOR FLEET STOCK 100115 $991.32

CHECKMATE TELEPHONE EXCHANGE INC

ALLISON MECHANICAL INC

ALLISON MECHANICAL INC
ENGIE SERVICES U.S. INC.

AMAZON.COM SALES INC

MOHAWK COMMERCIAL INC

ODP BUSINESS SOLUTIONS

CHECKMATE TELEPHONE EXCHANGE INC

OLLIN DOCK & DOOR INC

RADWELL INTERNATIONAL LLC

DESERT RESTORATION

OTIS ELEVATOR COMPANY

KINCAID INDUSTRIES INC

OLLIN DOCK & DOOR INC

UNITED RENTALS

DARTS RESTORATION SERVICES INC

FLEET OPERATIONS SOUTH COAST EMERGENCY VEHICLE SERVICE

GERGIS YOUSEF

DANIELS TIRE SERVICE INC

SC COMMERCIAL LLC

DANIELS TIRE SERVICE INC

J & L AUTO BODY INC

DANIELS TIRE SERVICE INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

DANIELS TIRE SERVICE INC

Page 4 of 5 ends

Item 1D - Page 8
Purchase Orders
July 1, 2023 - July 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000164 A9040 TIRES FOR FLEET STOCK 100115 $1,354.45 24000165 A9230 AUTOMOTIVE MECHANICAL REPAIRS. UNIT 085 100393 $998.05 24000181 MATERIALS AND SUPPLIES - FLEET DIV 103781 $5,000. 00 24000182 AW 68 HYDRAULIC OIL 101542 $775.16
24000184 EMERGEN CY REPAIR ON FIRE TRUCK ENGINE 1 101730 $9,000.00 24000185 A9190 EMERGENCY TOW UNIT 2D1814 100079 $362.00 24000210 A9230 REPAIRS ON UNIT 204708 EST#077534 100393 $1,563.05 24000211 23S057 BLOWER MOTOR UNIT 1E4105 EST#129847 100327 $863.72 24000212 A9040 TIRE REPLACEMENT UNIT 099618 EST#179557 100115 $457.02 24000214 A9230 SERVICED UNIT 990213 EST#077512 100393 $265.18 24000215 23S060 TIRE REPLACEMENT ON 2MTR19 EST#MWGEST244 101855 $1,308.93 24000216 A9230 AIR CONDITIONING REPAIR UNIT#079 EST#077483 100393 $1,986.30 24000217 23S057 HORN KIT UNIT 1E4318 EST#129832 100327 $221.06 24000218 A9040 22570R195 UNIT 1A4407 EST#178896 100115 $2,032.06 24000219 A9040 LT23565R16C STOCK EST#178786 100115 $162.42 24000220 A9040 22550R17 STOCK EST#178903 100115 $614.43 24000221 A9241 AUTOMOTIVE COLLISION REPAIR 104038 $3,111.02 24000232 23S060 TIRE REPLACEMENT ON UNIT 094 EST#MWGEST246 101855 $631.14 24000241 A9324 OFFICE SUPPLIES - FLEET DIV 103900 $7,000.00 24000244 A9230 SMOG FOR UNIT 998502 EST#077569 100393 $45.00 24000245 A9230 REPAIRS ON UNIT 801613 EST#077570 100393 $2,177.76 24000247 23S057 FIRE APPARATUS PARTS 100327 $468.53
24000248 23S057 HOSE BED DIVIDER UNITS E1,E2,E3 EST#129758 100327 $9,914.31 24000249 A9153 15W40 OIL EST#2436600 101542 $1,345.84 24000250 A9157 VISOR CLIP FOR UNIT 071 EST#133AB 100133 $5.85 24000251 A9157 GLASS FOR UNIT 070616 EST#9700B 100133 $567.55 24000180 MATERIALS AND SUPPLIES - STREETS DIV 103781 $4,000. 00 24000237 A9324 OFFICE SUPPLIES - STREETS DIV 103900 $5,000.00 24000254 A9082 RENTAL - TRUCK DUMP 100114 $4,082.67 24000255 A9192 CITY WIDE SIGNS AND PAINT 100282 $2,430.81

DOWNTOWN PARKS

MAINTENANCE
24000187 REPLACEMENT PANELS FOR CITY CHRISTMAS TREE 104053 $5,502. 38 24000178 MATERIALS AND SUPPLIES - DOWNTOWN DIV 103781 $3,000. 00 24000238 A9324 MATERIALS AND SUPPLIES - DOWNTOWN DIV 103900 $5,000.00 *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.

GERGIS YOUSEF
AMAZON.COM SALES INC

SC COMMERCIAL LLC

UNITED TRANSMISSION EXCHANGE

MOHICA TOWING

DANIELS TIRE SERVICE INC

GERGIS YOUSEF

SOUTH COAST EMERGENCY VEHICLE SERVICE

DANIELS TIRE SERVICE INC

GERGIS YOUSEF

SOUTH COAST EMERGENCY VEHICLE SERVICE

DANIELS TIRE SERVICE INC

GERGIS YOUSEF

JORDAN FREEMAN

SOUTH COAST EMERGENCY VEHICLE SERVICE

SC COMMERCIAL LLC

PALM SPRINGS MOTORS

J & L AUTO BODY INC

JORDAN FREEMAN

ODP BUSINESS SOLUTIONS

GERGIS YOUSEF

RKLJS CORP

DOWNTOWN

MAINTENANCE
AMAZON.COM SALES INC

ODP BUSINESS SOLUTIONS
STREETS MAINTENANCE AMAZON.COM SALES INC

ODP BUSINESS SOLUTIONS

UNITED RENTALS

PACIFIC PRODUCTS AND SERVICES LLC

Page 5 of 5 ends

Item 1D - Page 9

ATTACHMENT C
Item 1D - Page 10
Staff Authorized Agreements
August 1, 2023 - August 31, 2023
DEPT CONTRACT # CONTRACT DESCRIPTION CONTRACT
TOTAL
AVIATION DEPARTMENT 23I179 PROVIDE PRODUCTION AND INSTALLATION OF SIGNAGE 101193 CANYON PRINT & SIGNS $7,553.06 COMMUNITY & ECONOMIC DEV. 23S174 EASMENT AGREEMENT FOR RED DRAGON SCULPTURE.

CONTRACT DONE AS A SINGLE SOURCE DUE TO NATURE
OF THE CONTRACT.

OLD LAS PALMAS NEIGHBORHOOD ORG. $0.00
DEPT OF COMMUNICATIONS 23S172 IMPLEMENTATION OF COMMUNITY ENGAGEMENT

PLATFORM
100313 GRANICUS, INC. $33,550.00
23I185 INSTALL NETWORK CABLINE AT LIBRARY FOR WIFI ACCESS POINTS TO SUPPORT PUBLIC INTERNET TERMINALS.
104248 AMS.NET, INC. $4,328.13
23I190 SOFTWARD USED IN THE FIELD AND DISPATCH THAT GIVES LOCATION, PERSON, PHONE BASED INTEL ON PEOPLE.
104439 FIRSTTWO INC $8,700.00
23I209 ONLINE READING PROGRAM TRACKING & MANAGEMENT
SYSTEM.
104448 ZOOBEAN, INC. $4,146.30
23I210 CABLE RUNS AT CITY YARD 101374 PRECISION TECHNOLOGIES $8,275.90 23S175 ONLINE TRAINING, LIVE SKILL EVALUATIONS, OPERATIONS & ASSEST MGMT. ANNUAL RENEWAL
101588 TARGET SOLUTIONS LEARNING LLC $14,709.69
23S180 PROVIDE ACCESS TO JOURNALS, MAGAZINES,
NEWSPAPERS, DISSERTATINS, AND OTHER PUBLICATIONS.
101270 PROQUEST LLC $8,391.45
23S181 SOFTWARE & REMOTE SUPPORT FOR THE EQUIPMENT
USED TO RUN COUNCIL MEETINGS.
101505 INTENT DIGITAL LLC $4,300.00
23S182 ANNUAL FIRE- SUPPLEMENTAL MANUAL(S), PROCEDURES,

POLICY MANUAL & DAILY TRAINING BULLETINS
101768 LEXIPOL $10,693.37
23S207 BASE MAPS FOR OUR GIS SYSTEM. 101569 NEARMAP US, INC. $6,480.00 FACILITIES MAINTENANCE 23C177 ELEVATOR MAINTENANCE & REPAIR SERVICES-OMNIA

COOPERATIVE
104184 TK ELEVATOR CORPORATION $35,650.00
A/CITY MANAGER ADMIN 23G189 INSTALLATION OF ADVERTISEMENTS ON SUNLINE BUS

SHELTERS WITHIN THE CITY OF PALM SPRINGS
100032 SUNLINE TRANSIT AGENCY $0.00
23G186 FIREARMS TRAINING & RANGE USE AGREEMENT MT. SAN JACINTO WINTER PARK AUTHORITY $0.00 23I198 CALIBRATION OF THE OHD QUANTIFIT RESPIRATION
TESTER CALIBRATED TO NIST STANDARDS.
101408 OHD, LLLP $4,565.00
23I203 BIOHAZARDOUS WASTE PICKUP FOR PSPD 100084 STERICYCLE, INC $1,525.00 RECREATION DEPARTMENT 23I63 HUNTINGTON BEACH TRIP 100404 LIN LINES INC. $2,392.00 SUSTAINABILITY 23I178 PORTABLE RESTROOM/WASH STATIONS FOR HHW FACILITY AT 1100 VELLA RD.
101751 DIAMOND ENVIRONMENTAL SERVICE $18,624.81

INFO TECHNOLOGY

POLICE DEPARTMENT
VENDOR

Page 1 of 1 ends

Item 1D - Page 11

ATTACHMENT D
Item 1D - Page 12
Purchase Orders
August 1, 2023 - August 31, 2023
Dept PO # Contract # PO Description PO Total
24000304 23S172 IMPLEMENTATION OF A COMMUNITY ENGAGEMENT

PLATFORM
101618 $17,731.25
24000307 23I106 VISITOR CENTER REPLACE DAMAGED PIVOT DOORS &

WINDOWS
100082 $7,537.00
24000421 A9324 OFFICE SUPPLIES FOR THE CITY COUNCIL DEPARTMENT 103900 $3,000.00 CITY MANAGER 24000354 A9206 PUBLIC ART CLEANING AND MAINTENANCE 104059 $34,635.00 24000263 2 BLUEBEAM LICENSE FOR PLANNING 103721 $350.00 24000264 4 BLUEBEAM LICENSES FOR BUILDING 103721 $700.00 24000265 1 BLUEBEAM LICENSE FOR ENGINEERING 103721 $175.00 24000306 2 SCANNERS 100112 $1,097. 20
24000317 CALIFA GROUP RENEWAL 7/1/23-6/30/24 - LIBRARY 100460 $7,719. 54 24000325 A9194 HARDWARE REPLACEMENT 100265 $50,492.26
24000360 A9194 10 MONITORS AND EQUIPMENT 100265 $17,986.71 24000367 2 CONTROL CENTER REPLACEMENT MONITORS 100413 $2,000. 35 24000371 FRESH SERVICE ANNUAL RENEWAL 103949 $22,800. 00 24000373 A9194 HARDWARE REPLACEMENT 100265 $43,454.42
24000378 SURFACE PRO AND KEYBOARD/PEN COMBO 100413 $2,298. 77 24000397 23I185 INSTALLATION OF NETWORK CABLING AT LIBRARY 104248 $4,328.13 24000398 23S180 PROQUEST YR 1 OF 3 7/1/23-6/30/26 101270 $8,391.45 24000399 23S175 VECTOR RENEWAL 8/31/23-8/31/24 101588 $14,709.69 24000422 A9194 1 YEAR HARDWARE WARRANTY 100265 $463.00
24000429 A9194 PD WFH DEVICES 100265 $9,420.15
24000326 A9324 OFFICE SUPPLIES FOR THE SUSTAINABILITY

DEPARTMENT
103900 $1,000.00
24000349 23I135 SHREDDING SERVICES FOR JUNE EVENT 103260 $1,100.00 24000372 A8431 APPLICATION SERVICE PROVIDER (ASP),WEB BASED HOSTE
101648 $1,800.00
24000404 A8892 LEASING OF MAIL INSERTER/FOLDER MACHINE (YEAR 3/5)
100323 $1,608.44

PROCUREMENT &

CONTRACTING
24000386 STANDUP DESK AND THREE FILING CABINETS 100174 $4,126. 78 24000305 MATERIALS/SUPPLIES FOR HOMELESS OUTREACH

PROGRAMS
103781 $1,500.00
24000387 A9376 "THE ONLY OTHER THING IS NOTHING" ARTWORK LEASE
101157 $43,500.00
24000330 SUPPLIES FOR SOFTBALL FIELDS AND REPAIRS 101463 $4,901. 46 24000345 A9082 VAN RENTAL FOR RECREATION PROGRAMS 100114 $7,975.25 24000380 A9324 OFFICE SUPPLIES, GENERAL 103900 $13,000.00 24000381 AED MACHINE REQUIRED AT THE BASEBALL STADIUM 104400 $1,869.17 23000378 OVERDRIVE RENEWAL FOR FISCAL YEAR 2022-2028 101742 $65,000. 00 24000358 ACCO GBC ULTIMA LAMINATOR 100109 $2,342. 35
24000419 MAGAZINE AD FOR PSPL EVENTS 100911 $1,800. 00
Vendor

A/CITY MANAGER ADMIN GRANICUS LLC

PALM SPRINGS MIRROR AND GLASS

ODP BUSINESS SOLUTIONS

DELL MARKETING LP

SUSTAINABILITY ODP BUSINESS SOLUTIONS

I-SHRED INC

SAME DAY EXPRESS LLC

INFO TECHNOLOGY BLUEBEAM INC

BLUEBEAM INC

CDW GOVERNMENT INC

CALIFA GROUP

DELL MARKETING LP

B & H PHOTO

FRESHWORKS INC

DELL MARKETING LP

B & H PHOTO
AMS.NET INC

PROQUEST LLC

TARGETSOLUTIONS LEARNING LLC

RECREATION

DEPARTMENT

VARSITY BRANDS HOLDING CO INC

UNITED RENTALS

ODP BUSINESS SOLUTIONS

CARDIO PARTNERS INC

FINANCE DEPARTMENT ECITY TRANSACTIONS LLC

QUADIENT LEASING USA INC

GOFORTH & MARTI

COMMUNITY &
ECONOMIC DEV.

AMAZON.COM SALES INC

MICHAEL DANIEL BIRNBERG

LIBRARY OVERDRIVE INC

ACCO BRANDS BRANDS CORPORATION

OLIVIER PARSY

Page 1 of 4 ends

Item 1D - Page 13
Purchase Orders
August 1, 2023 - August 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000272 PRACT ICE/TRAINING AMMUNITION FOR PSPD RANGE 100151 $24,133.24 24000289 BATTERIES AND MISC MAINTENANCE EQUIP FOR THE
RANGE
103499 $1,071.58
24000290 MAINT ENANCE SUPPLIES FOR PSPD RANGE 100118 $2,294.12 24000292 PATR OL AMMUNITION FOR PSPD RANGE 101420 $21,086.42 24000351 100 STA NDARD TASER CARTRIDGES, X26/X26P NS 103897 $4,004.01 24000352 23I150 MONTHLY K-9 TRAINING FOR TWO K-9 TEAMS 101814 $5,972.00 24000366 23I151 MONTHLY TRAINING FOR EXPLOSIVE DETECTION K-9 TEAM
101277 $1,972.00
24000416 DRONE SPEAKER 104045 $2,458. 13
24000418 TARGETS FOR THE GUN RANGE 100149 $1,552.70
24000369 23S182 LEXIPOL ANNUAL FIRE PROCEDURES 101768 $10,693.37 24000382 AIRSIM ADVANCE X MANIKIN AND AIRSIM DIFF AIRWAY 104444 $8,096. 73 24000403 ANNUAL MAINTENANCE & SUPPLIES 100268 $22,468.50 24000271 AUTO CAD ANNUAL SUBSCRIPTION 100296 $2,907.60
24000333 23P041 CP 21-28, CWA SERVICES 102712 $8,040.00 24000266 23I107 PSP WEBSITE MAINT & HOSTING 103384 $1,800.00 24000267 PSP S TORAGE CONTAINERS 104410 $7,527.58
24000268 PSP CO NSULTING SIGNATURE FLIGHT TAXILINE 101230 $6,305.00 24000269 PSP H VAC REPAIR PARTS 100533 $2,153.78
24000270 PSP S TANCHIONS 104409 $20,915.49
24000291 A9071 PSP PLUMBING SERVICES 101606 $2,498.41
24000302 A7147 PSP CONSULTING ELECTRICAL AND IT 100169 $13,200.00 24000331 A9065 PSP LOCKSMITH SERVICES 100200 $775.92
24000332 A9071 PSP PLUMBING SERVICES 101606 $17,000.00
24000334 A9065 PSP LOCKSMITH SERVICES 100200 $8,444.80
24000350 PSP H VAC REPAIR PARTS 101739 $4,215.42
24000355 A7148 PSP CONSULTING #12 BAGGAGE/RESTROOM 101230 $55,696.00 24000357 A9065 PSP LOCKSMITH SERVICES 100200 $16,325.74 24000365 PSP O PS UNIFORMS 101691 $3,233.03
24000396 A9071 PSP PLUMBING SERVICES 101606 $833.34
24000417 23I162 PSP CONSULTING SERVICES TEAM DEVELOPMENT 103644 $9,900.00 24000273 23B046 PALM SPRINGS FIRE DEPT. EXTINGUISHER SERVICE 100048 $521.72 24000274 A9071 REPLACE FLUSH VALVES AT CVEP 101606 $1,249.77 24000282 23B101 FIRE PANEL AT SCC BUILDING 101253 $2,558.10 24000283 A9135 PM SERVICE FLEET ROLL UP DOOR 103889 $624.00 24000293 A9145 POLICE DEPT. BACK ENTRY FLOORING 103896 $10,832.05 24000308 EVAPORATIVE COOLER FOR CITY YARD/FIRE STORAGE
AREA
100037 $6,871.86
24000309 A9071 POLICE DEPT. AND CITY YARD PLUMBING REPAIRS 101606 $538.03 24000310 A9071 DEMUTH COMMUNITY CENTER RESTROOMS 101606 $3,500.00 24000319 A9041 LEISURE CENTER WOMENS RESTROOM 103726 $1,500.00

POLICE DEPARTMENT DOOLEY ENTERPRISES INC

MCMASTER-CARR SUPPLY COMPANY

BROWNELLS INC

MIWALL CORPORATION

AXON ENTERPRISE INC

ADLERHORST INTERNATIONAL LLC

VOHNE LICHE KENNELS INC

ADVEXURE LLC

ALCO TARGET COMPANY

VALLEY LOCK AND SAFE

KINCAID INDUSTRIES INC

VALLEY LOCK AND SAFE

REFRIGERATION SUPPLIES DISTRIBUTOR

R S AND H CALIFORNIA INC

VALLEY LOCK AND SAFE

RLP UNIFORM INC

KINCAID INDUSTRIES INC

FIRE DEPARTMENT LEXIPOL LLC

LIMBS AND THINGS INC

ZOLL MEDICAL CORPORATION

ENGINEERING - PUBLIC
WORKS

DLT SOLUTIONS LLC
TSG ENTERPRISES, INC.

SAN DIEGO CENTRE FOR ORGANIZATION

FACILITIES

MAINTENANCE

DESERT FIRE EXTINGUISHER CO INC

KINCAID INDUSTRIES INC

CHECKMATE TELEPHONE EXCHANGE INC

OLLIN DOCK & DOOR INC

MOHAWK COMMERCIAL INC

HAJOCA CORPORATION

KINCAID INDUSTRIES INC

LY ENVIRONMENTAL INC

AVIATION DEPARTMENT AVIATRIX COMMUNICATIONS

BIZON GROUP INC

R S AND H CALIFORNIA INC
UNITED REFRIGERATION INC.

LAVI INDUSTRIES INC

KINCAID INDUSTRIES INC

GENSLER & ASSOCIATES ARCHITECT

Page 2 of 4 ends

Item 1D - Page 14
Purchase Orders
August 1, 2023 - August 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000320 23B046 SERVICE CALL FLEET DEPT. FIRE SPRINKLERS 100048 $500.00 24000321 23B101 SECURITY FIRE ALAR PANEL AT THE MAIN LIBRARY 101253 $500.00 24000322 A9186 SOLIDS FOR THE MUNI COGEN PLANT 100148 $15,193.99 24000323 A9041 FLEET DEPT. HEAVY SIDE ASBESTOS TESTING 103726 $3,500.00 24000327 A9135 FLEET DEPT. HEAVEY SIDE ROLL UP DOOR 103889 $13,710.38 24000342 23B101 ENTRY DOOR SENSOR FOR DEMUTH FIELDS 7 AND 8 101253 $500.00 24000346 A9071 REPLACE EMERGENCY SHOWER OUTSIDE FACILITIES SHOP.
101606 $894.93
24000353 A9041 LEISURE CENTER DANCE STUDIO MOLD TEST 103726 $2,370.00 24000362 A9108 ASBESTOS REMEDIATION LEISURE CENTER 103848 $5,000.00 24000363 23B101 PAVILION KITCHEN ALARM 101253 $250.00
24000368 A9184 CORRECTIVE MAINTENANCE TSA FOR FIRE STATION NO. 4 100319 $4,975.00
24000370 A9108 ASBESTOS REMOVAL AT LEISURE DANCE STUDIO 103848 $5,000.00 24000374 A9071 PS CITY YARD FLOOR SINK REMOVAL 101606 $1,500.00 24000384 A9135 EMERGENCY PSPD GATE REPAIR 103889 $3,500.00 24000412 A9071 POT HOLING FLEET RESTROOMS SEWER MAINLINE 101606 $8,000.00 24000413 A9068 TAHQUITZ AND CALLE EL SEGUNDO R2 TREE LIGHTING 103805 $34,144.00 24000414 A9041 LEISURE CENTER WOMEN'S RESTROOM 103726 $1,500.00 24000415 A9041 LEISURE CENTER CLEARANCE TEST 103726 $1,500.00 24000426 A9068 GATEWAY PARK 103805 $15,409.00
24000427 A9071 FLEET DEPT. BUILDING SEWER LINE 101606 $40,000.00 24000275 A9040 TIRES UNIT 602 EST#179953 100115 $1,147.57 24000276 A9040 PD TIRES STOCK EST#178177 100115 $1,350.13 24000277 A9040 TIRES UNIT 208408 EST#180213 100115 $1,103.35 24000278 A9157 SEAT BELT UNIT 071 EST#16054 100133 $160.54 24000280 A9157 CIRCUT BREAKER UNIT 065 EST#8096 100133 $80.96 24000281 A9157 WIRE ASY FOR UNIT 208408 EST#6717 100133 $67.17 24000284 23S060 TIRES FOR UNIT 2M7819 EST#MWGEST247 101855 $1,201.76 24000285 A9230 AUTOMOTIVE REPAIRS UNIT 034 100393 $4,100.00 24000286 A9230 SMOG FOR UNIT 100 EST#077613 100393 $45.00 24000287 23C085 FASTER ANNUAL SERVICE CHARGES 103488 $14,392.95 24000288 A9157 REPAIRS ON UNIT 200517 EST#858666 100133 $6,282.41 24000303 A9093 FUEL TRANSACTIONS WITH FUEL CREDIT CARDS 100602 $44,795.00 24000311 A9040 TIRES FOR STOCK 100115 $300.70
24000312 A9040 TIRES FOR STOCK 100115 $159.51
24000313 A9190 TOW UNIT 048 EST#230 100079 $230.00
24000314 A9157 TENSIONERS FOR STOCK 100133 $493.81
24000315 A9157 CONTROL MODULE UNIT 048 100133 $216.46
24000316 23S057 A/C DRIP PANS FOR STOCK 100327 $398.49
24000318 A9241 AUTO BODY REPAIR UNIT 708 104038 $5,281.94 24000335 A9040 TIRES FOR UNIT 905 EST# 180643 100115 $429.64

DESERT FIRE EXTINGUISHER CO INC

CHECKMATE TELEPHONE EXCHANGE INC

NALCO COMPANY

LY ENVIRONMENTAL INC

OLLIN DOCK & DOOR INC

CLIMATEC LLC

PROFESSIONAL ASBESTOS REMOVAL

KINCAID INDUSTRIES INC

OLLIN DOCK & DOOR INC

KINCAID INDUSTRIES INC

CHECKMATE TELEPHONE EXCHANGE INC

KINCAID INDUSTRIES INC

LY ENVIRONMENTAL INC

PROFESSIONAL ASBESTOS REMOVAL

CHECKMATE TELEPHONE EXCHANGE INC

WEX BANK

DANIELS TIRE SERVICE INC

MOHICA TOWING

M BREY ELECTRIC INC

LY ENVIRONMENTAL INC

M BREY ELECTRIC INC

KINCAID INDUSTRIES INC

PALM SPRINGS MOTORS

SOUTH COAST EMERGENCY VEHICLE SERVICE

J & L AUTO BODY INC

DANIELS TIRE SERVICE INC

FLEET OPERATIONS DANIELS TIRE SERVICE INC

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

JORDAN FREEMAN

GERGIS YOUSEF

TT FASTER LLC

PALM SPRINGS MOTORS

Page 3 of 4 ends

Item 1D - Page 15
Purchase Orders
August 1, 2023 - August 31, 2023
Dept PO # Contract # PO Description PO TotalVendor
24000336 A9040 TIRES FOR STOCK 100115 $2,148.59
24000337 A9157 PARTS FOR UNIT 025 EST# B12211 100133 $112.26 24000338 23S057 PARTS FOR UNIT 1E4318 EST# 129897 100327 $2,684.60 24000339 A9157 FUEL FILLER FOR UNIT 048 EST #12211 100133 $91.65 24000340 23S057 PARTS FOR UNIT 223 EST#129628 100327 $277.46 24000341 A9157 FUEL DOOR UNIT 048 EST#859340 100133 $183.12 24000343 A9157 REPAIRS ON UNIT 209721 EST#858066/1 100133 $146.47 24000356 A9040 TIRES FOR UNIT 510 EST#181002 100115 $429.64 24000364 A9157 REPAIRS ON UNIT 608 EST#858681/1 100133 $250.00 24000377 A9190 TOW SERVICE POLICE UNIT 201717 100079 $230.00 24000383 23S060 REPAIRS ON UNIT 2M7619 101855 $609.12
24000385 23S057 REPAIRS ON UNIT 1T4207 EST#MS052423 100327 $14,454.39 24000389 A9157 PARTS FOR UNIT 071 EST#47147 100133 $62.82 24000390 A9241 EMERGENCY ESSENTIAL VEHICLE REPAIR. 104038 $1,962.92 24000391 23S057 EMERGENCY VEHICLE FIRE TRUCK REPAIR. 100327 $2,320.44 24000392 A9230 SMOG FOR UNIT 905 EST#249204 100393 $45.00 24000393 A9190 EMERGENCY VEHICLE TOW SERVICE 100079 $910.00 24000394 A9157 PARTS FOR UNIT 160 EST#21251 100133 $360.00 24000395 A9082 EQUIPMENT RENTAL 100114 $10,000.00
24000400 A9241 COLLISION DAMAGE REPAIR UNIT 002 104038 $7,468.58 24000401 A9241 COLLISION DAMAGE REPAIR UNIT 205817 104038 $6,673.02 24000402 A9241 TRAFFIC COLLISION REPAIR UNIT 060318 104038 $16,191.52 24000405 A9082 EMERGENCY RENTAL OF DUMP TRUCK 100114 $5,000.00 24000407 A9230 REPAIRS ON UNIT 202217 EST#4412 100393 $90.00 24000408 A9230 REPAIRS ON UNIT 036 EST#36 100393 $560.00 24000409 A9230 WASH ON UNIT 609 EST#077777 100393 $30.00 24000410 A9157 REPAIRS ON UNIT 246 EST#860387/1 100133 $562.50 24000411 A9230 MAINTENANCE ON UNIT 300117 EST#117 100393 $250.00 24000423 A9157 PARTS FOR UNIT 211 EST#03273 100133 $130.07 24000424 A9296 TOWING UNIT 610 FOR REPAIRS 103521 $1,050.00 24000425 A7014 AUTOMATIC TRANSFER SWITCH REPLACEMENT 101772 $3,108.00 24000431 A9230 REPAIRS ON UNIT 036 EST#77789 100393 $3,810.31 24000328 A9192 RED CURB PAINT CITY WIDE 100282 $5,663.52 24000329 A9192 PED SIGNS CITY WIDE 100282 $3,395.49
24000348 A9192 BLUE & BLACK TRAFFIC PAINT CITYWIDE 100282 $2,669.69

DOWNTOWN PARKS

MAINTENANCE
24000347 A9078 HOLIDAY DECORATION INSTALLATION, REMOVAL &

STORAGE
104053 $65,550.00
*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.

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

SOUTH COAST EMERGENCY VEHICLE SERVICE

PALM SPRINGS MOTORS

SOUTH COAST EMERGENCY VEHICLE SERVICE

JORDAN FREEMAN

SOUTH COAST EMERGENCY VEHICLE SERVICE

PALM SPRINGS MOTORS

J & L AUTO BODY INC

SOUTH COAST EMERGENCY VEHICLE SERVICE

PALM SPRINGS MOTORS

DANIELS TIRE SERVICE INC

PALM SPRINGS MOTORS

MOHICA TOWING

J & L AUTO BODY INC

UNITED RENTALS

GERGIS YOUSEF

MOHICA TOWING

PALM SPRINGS MOTORS

UNITED RENTALS

J & L AUTO BODY INC

RKLJS CORP

ASCO POWER SERVICES INC

GERGIS YOUSEF

STREETS MAINTENANCE PACIFIC PRODUCTS AND SERVICES LLC

PACIFIC PRODUCTS AND SERVICES LLC

GERGIS YOUSEF

PALM SPRINGS MOTORS

GERGIS YOUSEF

PALM SPRINGS MOTORS

PLAZA TOWING INC

Page 4 of 4 ends

Item 1D - Page 16

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 249 SOUTH INDIAN CANYON DRIVE (APN: 513-154-004, CITY DOWNTOWN BARISTO PARKING

STRUCTURE)
RECOMMENDATION:

Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DATE: SEPT
EMBER 26, 2023 CONSENT CALENDAR
SUBJECT: APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 249
SOUTH INDIAN CANYON DRIVE (APN: 513-154-004, CITY DOWNTOWN

BARISTO PARKING STRUCTURE)
FROM: Scott C. Stiles, City Manager
BY: E ngin
eering Services Department
SUMMARY:

Coast
al Business Group on b ehalf of New Cingular Wireless PCS, LLC (AT&T) is requesting a Grant of Easement in favor of Southern California Edison (SCE) at the City- owned real property identified by Assessor’s Parcel Number 513-154-004, located at the Downtown Baristo Parking Structure at 249 South Indian Canyon Drive. The SCE easement will allow for provision of electrical supply and communications systems to support a proposed AT&T Wireless Communications Facility. AT&T has a non-exclusive license agreement with the City to install, operate and maintain their Wireless Communications Facility at the parking structure, which was approved by City Council on June 29, 2023.

RECOMMENDATION:

1. Auth
orize the City Manager to execute a Grant of Easement to Southern California Edison Company for underground electrical supply systems and communications systems across a portion of the property identified by Assessor’s Parcel Number 513-154-004 located at the City’s Downtown Baristo Parking Structure at 249 S.

Indian Canyon Drive.

BUSINESS PRINCIPAL DISCLOSURE:

Not a
pplicable as SCE is a publicly traded corporation and is exempt from filing this form.

STAFF ANALYSIS:

The Ci
ty of Palm Springs and AT&T have executed a License Agreement, i ncluded as Attachment A, for the non-exclusive use of ground space at the City -owned Downtown Item 1E - Page 1
Baristo P
arking Structure at 249 South Indian Canyon Drive. The License Agreement is for the purpose of installing, operating, and maintaining a wireless communications facility on the top deck of the parking garage. The License Agreement provides revenue in the amount of $3,500 per month to the City , with an annual escalator between 4% and 8%.

The Grant of Easement to SCE will provide AT&T, the City’s Licensee, access to the necessary SCE electrical and communications services to successfully operate their communications facility.

The Grant of Easement description along with a map are included as Attachment B. The Grant of Easement has been reviewed and approved by the City Attorney.

ENVIRONMENTAL ASSESSMENT:

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

FISCAL IMPACT:

No fiscal impac
t.

REVIEWED BY:

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

A. License Agreement (Please see link provided on Attachment A) B. Grant o f Easement
Item 1E - Page 2

ATTACHMENT A
Link to Complete Document on file with City Clerk:
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1364117&dbid=0&repo=CityHall-
Primary
Item 1E - Page 3

ATTACHMENT B
Item 1E - Page 4

RECORDING REQUESTED BY

WHEN RECORDED MAIL TO

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2 nd FLOOR
POMONA, CA 91768
Attn: Title an
d Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)

DISTRICT
Palm Springs

SERVICE ORDER
TD1756502
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME FIM 601 -1909 -5
APN 513-154-047
and 048
APPROVED:

VEGETATION &
LAND

MANAGEMENT
BY
SLS/CG
DATE
08/20/22

CITY OF
PALM SPRINGS, a charter city and municipal corporation (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDI SON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maint ain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to t ime underground electrical supply systems and communication systems (hereina fter referred to as “systems”), consisting of wires, underground conduit s, cables , vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributi ng electrical energy and for transmitting intelligence, data and/or commu nications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows:

A 6.00 FOOT WIDE STRIP OF LAND LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 13574, AS P ER MAP FILED IN BOOK 73, PAGE 52 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 9 , IN BLOCK 28 OF MAP OF PALM SPRINGS , AS PER MAP RECORDED IN BOOK 9, PAGE 432 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND SHOWN ON SAID PARCEL MAP NO. 13574; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 9 , SOU TH 00°05’27” EAST 7.68 FEET TO THE TRUE POINT OF BEGINNING ; THENCE SOUTH 51°39 ’16” EAST 20.38 FEET; THENCE SOUTH 00°05’27” EAST 32.11 FEET; THENCE NORTH 89°52’58” EAST 13.00 FEET TO A POINT OF ENDING.

THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE NORTHWESTERLY IN SAID EASTERLY BOUNDARY, AND TO JOIN AT THE ANGLE POINTS.

THE AREA OF THE ABOVE-DESCRIBED STRIP OF LAND IS APPROXIMATELY 371 SQUARE FEET .

FOR SKETCH TO ACCOMPANY LEGAL DESCRIPTI ON, SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF.

It is understood and agreed that the above description is approximate only, it bei ng the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property.

This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code.

Item 1E - Page 5
An EDISON INTERNATIONAL Company
Grantor further grants, bargains, sells and conveys unto t he Grantee the right of assignment, in whol e or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all r ights of access and ingress and egress granted to the Grante e by this Grant of Easement.

Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents a nd employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at al l times, for the purp ose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and re store the surfa ce of the ground to as near the same condition as it was prior to suc h excavation as is practicable.

To the extent that Grantee, in the exercise of its discretion, determines that this e asement is no longer needed, then upon written request, Grantee shall execute a quitclaim deed on a mutually acceptable form at no cost to Grantor.

EXECUTED this _____ day of _______________________, 20____.

GRANTOR
CITY OF PALM SPRINGS, a charter city and
municipal corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing t his ce rtificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
Item 1E - Page 6
EXECUT
ED this _____ day of _______________________, 20____.

GRANTEE

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer c ompleting this certificate verifies only the i dentity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of C
alifornia )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfa ctory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the ir au thorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
Item 1E - Page 7
Item 1E - Page 8
...._ __ ........_ ___ EXHIBIT ''A''
BLK. 28
LOT8 1/POC LOT17
rri
1--CTPOB
-....1 i-.. ',,<_: ~SCE EASEMENT
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u, q '<' "I 00 I • u, I C/l
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LOT9 ~
I I _. CJ: I _. N
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I ---Ly..1
L2
MAP OF

PALM SPRINGS
M.B. 9/432
SAN DIEGO CO.

LINE DATA TABLE
L1 S51"39'16"E 20.38'
L2 N89"52'58"E 13.00'
PARCEL 1
PARCEL MAP NO. 13574
P.M.B. 73/52
RIVERSIDE CO.

BARISTO ROAD
I
50' I
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r---, DENOTES SCE EASEMENT
_ LEGEND ---------4_ ------------------~1
L ___ J APPROX. AREA = 371 SQ. FT. 30 0 30 60
POC = POINT OF COMMENCEMENT I
TPOB = TRUE POINT OF BEGINNING scale 1 "= 30' feet I

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVE A PROFESSIONAL SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO CAROLLO ENGINEERS INC. IN THE AMOUNT OF $412,214 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16
RECOMMENDATION:

Authorize the City Manager to approve a professional services agreement in an amount not to exceed $412,214 with Carollo Engineers, Inc., for design services of odor control improvements.

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE A PROFESSIONAL SERVICES AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO CAROLLO ENGINEERS INC .

IN THE AMOUNT OF $412,214 FOR THE WASTEWATER TREATMENT

PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT
23-16

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this professional service agreement with Carollo Engineers, Inc., will allow the City to proceed with the design of odor control improvements at the Wastewater Treatment Plant.

RECOMMENDATION:

1. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $412,214 with Carollo Engineers, Inc. , for design services of odor control improvements.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Carollo Engineers, Inc. is included as Attachment A.

BACKGROUND:

The City of Palm Springs maintains a wastewater treatment plant at 4375 E. Mesquite Avenue. The WWTP is adjacent to Demuth Park. Park visitors, residents and pickleball players have complained about the odor from the WWTP. This agreement will provide additional odor control measures to reduce odor from the WWTP.

Item 1F - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
Approve PO for Carollo CP 23-16

STAFF ANALYSIS:

Staff issued a Request for Proposals (RFP) for wastewater services to their on- call wastewater firms. By requesting RFP’s periodically, the City positions itself to work with the most qualified firms at competitive pricing. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide wastewater engineering services to municipal government agencies similar to those required by the City.

On June 13, 2023, the RFP was released to the City’s on-call wastewater firms. The City received one proposal from Carollo Engineers, Inc.

Following a review of the proposal, Carollo Engineers, Inc. was selected. A complete copy of the firm’s proposal is available for review in the Engineering Services Department. Staff recommends that the City Council approve a purchase order with Carollo Engineers, Inc.

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 WWTP Odor Control Improvements, City Project No. 23-16, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT
:

Sufficient Wastewater Capital Improvement Funds are available for this purchase order with Carollo Engineers, Inc. for on-call wastewater services.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Form – Carollo Engineers, Inc B. Proposal – Carollo Engineers, Inc.

Item 1F - Page 2

Attachment A
Item 1F - Page 3
B:\Pursuits\Client20(OCO)\PalmSprings\On-CallWWEng2020\Qual0520\Indd\Required.Forms.indd City of Palm Springs | On-Call Wastewater Engineering Design Services

REQUIRED FORMS

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? F Yes F No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _ __________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other _______________________________
_______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other _________________________________
[name]
F General Partner F Limited Partner
&DUROOR(QJLQHHUV,QF
%ULVWRO6WUHHW6XLWH&RVWD0HVD&$

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%DODNULVKQDQ1DUD\DQDQ&(23UHVLGHQW ;
0LFKDHO%DUQHV6HFUHWDU\ ;
_____________$VK:DVRQ7UHDVXUHU________________________________ F Officer F Director F Member F Manager ;
;
; ;
Item 1F - Page 4
I 7
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-
-
~
~
-
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-
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B:\Pursuits\Client20(OCO)\PalmSprings\On-CallWWEng2020\Qual0520\Indd\Required.Forms.indd City of Palm Springs | On-Call Wastewater Engineering Design Services

REQUIRED FORMS
F Other _______________________________

7. Owners/Investors with a 5% beneficial intere st 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 'RXJODV/DQQLQJ3(6HQLRU9LFH3UHVLGHQW
%DODNULVKQDQ1DUD\DQDQ &DUROOR(QJLQHHUV,QF
9 'LUHFWRU/RXLV&DUHOOD5XVVHOO:DFKWHUDQG9LQFHQW+DUW Item 1F - Page 5
Attachment B
Item 1F - Page 6
1 PROPOSAL FOR

PRIMARY CLARIFIER COVERS PROJECT

CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT
Submitted by:

Carollo Engineers, Inc. (Carollo)
June 28, 2023

Carollo’s scope of work for this project is to perform preliminary design, final design, bid period services, and construction phase services for the Primary Clarifier Covers Project at the City of Palm Springs Wastewater Treatment Plant.

PROJECT ELEMENTS

The facilities anticipated to be included in the final design are comprised of the following project elements:
 Flat aluminum covers for the two existing primary clarifiers.  Modifications to the existing foul air collection system for the primary clarifiers to include foul air withdrawal from beneath the new covers.
 Note: Carollo designed the existing odor scrubbers and foul air ducting with sufficient capacity to treat the foul air from covered primary clarifiers, so additional capacity will not be provided.

TASK 1 – PRELIMINARY DESIGN SERVICES

The objective of this task is to provide the City with the information necessary to make decisions that shape the design. The preliminary design subtasks involve the collection of data, evaluation of alternatives, selection of design criteria, development of the conceptual design of project facilities, and the estimation of construction costs to confirm the design meets budget requirements.

The following tasks will be provided as part of the preliminary design phase services:

Subtask 1.1 – Project Management. Carollo will develop project management and quality management plans and submit them to the City for review/confirmation. Carollo will prepare monthly progress reports and maintain and monitor Carollo’s project scope, budget, and schedule. Monthly progress reports will include the following:
 For each task, an overview of all activities in the previous and following month.  Schedule performance, planned versus actual. This includes a summary of all major deliverables.
 Cost performance, planned versus actual.
 Overview of project challenges and issues that may affect performance with respect to schedule and budget.
 An update on the estimated construction cost of the project based on work efforts and decisions to date.

Carollo will prepare a project schedule that summarizes project milestones, major activities, and deliverables for the project. The project schedule will be updated on a quarterly basis.

Item 1F - Page 7
2 Subtask 1.2 – Meetings. Carollo will lead a kickoff meeting and an evaluation meeting for the preliminary design phase, including preparation of agendas, presentation slides, and meeting minutes. The following will be provided:

1. Kickoff Meeting: Carollo will use an initial 1.5-hour Kickoff Meeting to meet with the City and plant staff, introduce team members, and gather information related to current operations, drivers and goals for the project, project elements, options previously considered, and options selected to evaluate further. After this Kickoff Meeting, Carollo will submit a data request to the City (as needed) and prepare for the evaluation meeting.

2. Evaluation Meeting: At a 1.5-hour evaluation meeting, Carollo will present data analysis results, background on evaluated alternatives, conceptual level equipment configurations, and conceptual level construction cost estimates for the evaluated alternatives. Carollo will work with attendees to finalize design criteria, select equipment, and decide on a preferred alternative configuration.

Subtask 1.3 – Preliminary Design. Carollo will compile and electronically deliver the information presented and developed at the evaluation meeting, i.e., design criteria, decisions made, facility layout, and preliminary construction cost estimates, in brief meeting documentation with an attachment package constituting a 10% completion design submittal.

This documentation will be delivered as an 8.5 x 11 document in pdf format.

Subtask 1.4 – Construction Cost Estimates. Cost control is one of the most important aspects of any project, to allow the project to proceed smoothly through all phases of design and construction, on schedule. To avoid cost surprises, Carollo will develop an initial budgetary estimate based on the project elements list, update the estimate for the evaluation meeting, and provide monthly updates to the City throughout the remainder of preliminary and final design.

Subtask 1.5 – Quality Assurance/Quality Control. As part of Carollo’s QA/QC program, Carollo will provide a review of preliminary design concepts and design criteria by an independent team of company experts. The intent of this review is to validate the design, improve quality, and identify issues that need to be addressed during final design for a successful project. This early peer review will also help us avoid unforeseen construction cost increases or schedule delays to keep the project on budget and schedule.

ASSUMPTIONS
 The project kickoff and evaluation meetings will be conducted via MS Teams.  Geotechnical, surveying, and pothole services will not be required, so they are not included.
 Assistance for AQMD permitting is not required or included.

PROJECT DELIVERABLES
Deliverables for this task include the following:
 Project Management and Quality Management Plans
Item 1F - Page 8
3  Monthly Progress Reports and invoices, PDF files.
 Project schedule, PDF file.
 Meeting agendas, presentations, and minutes, PDF files.  10% completion design submittal, including design criteria, decisions made, facility layout drawings, and preliminary construction cost estimates, PDF files.  Construction cost estimates, initial (based on project elements list), evaluation meeting update, and monthly updates.

TASK 2 – FINAL DESIGN SERVICES

The objective of this task is to produce a set of construction contract documents for bidding and construction (drawings and specifications) and updated construction cost estimates for the project based on the design concepts and criteria developed during Task 1 - Preliminary Design Services. Submittals will be made to the City for review at the 30%, 60%, and 90% completion levels. City comments will be addressed in the Final submittal, which will be distributed by the City for bidding.

The following tasks will be provided as part of the design phase services:

Subtask 2.1 – Project Management. Carollo will prepare monthly progress reports and maintain and monitor project scope, budget, and schedule. Monthly progress reports will include the same information described above under Task 1.1. Carollo will update the project schedule on a quarterly basis. Carollo project manager will schedule a call each month to discuss the progress report with the City.

Subtask 2.2 – Meetings. Carollo will lead workshops and meetings for the final design phase, including preparation of agendas, presentation slides, and meeting minutes. The following workshops and meetings will be provided:

1. Review meetings: Three 1.5-hour meetings to discuss the City’s comments to the 30%, 60%, and 90% progress submittals.

Subtask 2.3 – Design Submittals. Carollo will submit project design documents to the City for review at the 30%, 60%, and 90% completion levels. City comments will be addressed in the Final submittal. To maximize the benefits of design submittal reviews, Carollo will use a Comment Log that captures all City review comments. When the design team has responded to all comments, the log will be issued to the City to confirm that each comment has been addressed appropriately.

Subtask 2.3.1 – 30% Design Submittal. The 30% design submittal will address the City’s comments to the preliminary design and provide drawings with major plans and sections that advance the design based on concepts developed during preliminary design. The submittal will include a table of contents for technical specifications, and a construction cost estimate update.

Subtask 2.3.2 – 60% Design Submittal. The 60% design submittal will address the City’s comments to the 30% submittal and will provide drawings advanced to the 60% level of completion. It will include key technical specifications, including major equipment specifications, Item 1F - Page 9
4 and an update to the construction cost estimate. Concurrent with the City’s review of the 60% submittal, Carollo will perform a constructability review as part of Carollo’s quality control process.

Subtask 2.3.3 – 90% Design Submittal. The 90% submittal will address the City’s comments to the 60% submittal and will provide nearly complete and biddable drawings, specifications, and other contract documents. Specifications will include construction sequencing and shutdown constraints and the allowed construction duration, along with any intermediate construction milestones. The contract documents will incorporate the City’s front-end specifications.

Concurrent with the City’s review of the 90% submittal, Carollo’s independent checking team will perform a multi-discipline and inter-discipline coordination crosscheck as part of Carollo’s quality control process.

Subtask 2.3.4 – Final Design Submittal. The Final submittal will address comments to the 90% submittal from both the City and Carollo’s independent checking team. The Final submittal will provide bid-ready contract documents with final drawings and specifications and final construction cost estimate.

Subtask 2.4 – Construction Cost Estimates. Carollo will provide monthly updates to the construction cost estimate, continuing from the estimates developed for the preliminary design in Task 1. Major updates will be provided for the 30%, 60%, and 90% submittals when more detailed estimating methodologies can be used due to the advancement of the design.

Subtask 2.5 – Quality Assurance/Quality Control. Carollo will provide the following distinct quality reviews during the final design phase:
 Discipline checks for all design calculations, drawings, specifications, construction cost estimates, and reports required for the project.
 Constructability review to identify and address issues associated with bidding, construction sequencing, constructability, scheduling, and potential change orders.  Multi-discipline and inter-discipline coordination crosschecks, by an independent checking team of selected senior engineers and process experts, prior to submittal of the final design package.

ASSUMPTIONS
 All project construction will be included within one bid package.  All equipment and supplies will be bid by the contractor, not pre-purchased or pre- negotiated as part of the design.
 CEQA, CEQA+, and AQMD permitting are not required.
 Provisions for alternative funding sources, such as State Revolving Fund Loan funding, will not be required.
 “Buy American” will not be required.
 A Value Engineering workshop is not required.
 SCADA/PLC programming assistance is not required.

Item 1F - Page 10
5  Project meetings will be conducted via MS Teams.

PROJECT DELIVERABLES
Deliverables for this task include the following:
 Monthly Progress Reports and invoices, PDF files.
 Project schedule updates, PDF files.
 Meeting agendas, presentations, and minutes, PDF files.  Design submittals, 30%, 60%, 90%, Final; PDF files.
 Construction cost estimates, 30%, 60%, 90%, Final; PDF files.

TASK 3 – BID PHASE SERVICES
The following tasks will be provided as part of the bid phase services.

Subtask 3.1 – Pre-bid Meeting. Carollo will coordinate with the City to conduct a pre-bid meeting and site visit of up to 2 hours. Carollo will conduct a site walk to identify field conditions and design constraints to the Contractors attending. Carollo will prepare a meeting agenda and meeting minutes, including written answers to Contractor questions. Attendees list and meeting minutes will be made available to all Contractors.

Subtask 3.2 – Respond to RFI’s/Assist with Addenda. All questions from bidders shall be submitted in writing during the bidding period. Carollo will maintain a log of the questions and corresponding responses. If a question results in modifications of the bid documents, Carollo will prepare addendum documentation and submit to the City to issue the addendum. Each addendum will include a list of questions asked since the bid opening or last addenda, to provide all information to all bidders.

Subtask 3.3 – Bid Review. Carollo will coordinate with the City to develop a bid review checklist, review bids against the checklist, and contact contractor references as needed.

Carollo will prepare an award recommendation letter.

PROJECT DELIVERABLES
Deliverables for this task include the following:
 Pre-bid meeting agenda, attendees list, and minutes, PDF files.  Responses to RFI’s and addenda, PDF files.
 Bid review and recommendation letter, PDF file.

Item 1F - Page 11
6 TASK 4 – CONSTRUCTION PHASE SERVICES

The following tasks will be provided as part of the construction phase services.

Subtask 4.1 – Project Management. Carollo will prepare monthly progress reports, and maintain and monitor Carollo’s project scope, budget, and schedule for the project duration.

Subtask 4.2 – Meetings. Carollo will participate in a Preconstruction Meeting and up to 12 project progress meetings and/or site visits at the request of the City/Construction Manager. Six meetings will be conducted via MS Teams, and up to six meetings will be in-person at the WWTP site.

Subtask 4.3 – Requests for Information. Carollo will provide up to 30 interpretations and clarifications of contract documents. Carollo will research, respond, and document. It is assumed that RFIs will be managed in EADOC by the Construction Manager.

Subtask 4.4 – Change Orders. Carollo will prepare up to 4 change orders. Carollo will research, prepare engineering, estimate costs, respond, and document change orders. It is assumed that change orders will be managed in EADOC by the Construction Manager.

Subtask 4.5 – Shop Drawing Submittals. Carollo will review up to 60 Shop Drawings, including resubmittals. It is assumed that shop drawings will be submitted by the Contractor in accordance with the Project Specifications and managed in EADOC by the Construction Manager.

Subtask 4.6 – As-Built Drawings. Carollo will develop As-Built Drawings based on the Contractor’s markups. Draft As-Built Drawings will be submitted for review by the City/Construction Manager. The City/Construction Manager will return draft Project Record Drawings to Engineer with comments as appropriate. Engineer will incorporate comments and resubmit.

Subtask 4.7 – Commissioning. Carollo will provide up to 1 day of start-up and training assistance.

ASSUMPTIONS
 Construction management and inspection services will be provided by others, whose scope is also anticipated to include setup and administration of EADOC construction document management software, review of the contractor’s schedule, review of the contractor’s payment requests, leading construction progress meetings, leading commissioning activities, and project closeout and warranty activities.  Preparation of operations and maintenance manuals is not included.  Construction duration is 10 months from Contractor Notice to Proceed through Final Completion.
 Project duration is 13 months, starting one month prior to Contractor NTP and extending 2 months after Final Completion.

Item 1F - Page 12
7  Documents prepared in response to RFIs and for change orders will be developed to sufficient detail to allow Contractor to understand design intent and price accordingly.

Other than specific items noted as changes on the documents, the entire drawing sheet will not be reissued as a full revision for each associated RFI or change order. RFIs and change orders that may impact the same sheet multiple times will be identified on the drawing through different revision numbers. Such revisions and changes will be documented as markups on pdf documents and will not be CAD-drafted until the as-built drawing phase. The Contractor or City/Construction Manger shall be responsible for maintaining a current set of red-lined documents to reflect as-built conditions that comprise all RFIs and change orders that may impact each sheet.

PROJECT DELIVERABLES
Deliverables for this task include the following:
 Monthly Progress Reports and Invoices, PDF files.
 Responses to RFIs through EADOC
 Change order documents, PDF files.
 Review of shop drawing submittals through EADOC
 Record As-Built Drawings, PDF and CAD files.

SCHEDULE
Complete the scope of work within the following:
 Preliminary Design: 4 months
 Final Design: 8 months
FEE
Complete the project scope of work in accordance with On Call Services Agreement and attached fee table, Exhibit A.

Item 1F - Page 13
Task No. Description
Senior
Professional
Lead Project
Professional
Project
Professional Professional
Assistant
Professional
Senior
Techs Techs
Support
Staff
Total
Hours
Labor
Cost Expense Subs Total Cost
Hourly Rate $318 $307 $296 $263 $219 $232 $171 $152
1 Preliminary Design Service s

1.1 Project Management 24 0000 0 0 2 2 6 $7,933 $7,933

1.2 Kickoff and Evaluation Meetings 12 18 0 18 0 0 4 0 52 $14,753 $480 $15,233

1.3 Preliminary Design 3 11 8 12 2 5 15 8 64 $15,222 $480 $15,702

1.4 Construction Cost Estimates 2 6480 0 0 0 2 0 $5,764 $5,764

1.5 Quality Assurance/Quality Control 2 6000 0 0 0 8 $2,477 $2,477 Subtotal 43 41 12 38 2 5 19 10 170 $46,149 $960 $0 $47,109 2 Final Design Services

2.1 Project Management 36 0000 0 0 0 3 6 $11,444 $11,444

2.2 Meetings 14 40 0 30 0 0 0 0 84 $24,614 $1,500 $26,114

2.3 Design Submittals

2.3.1 30% Design Submittal 2 11 0 18 4 11 35 9 90 $19,506 $240 $19,746

2.3.2 60% Design Submittal 3 15 1 24 5 14 46 12 120 $26,171 $240 $26,411

2.3.3 90% Design Submittal 6 25 1 41 9 24 78 20 204 $44,530 $240 $44,770

2.3.4 Final Design Submittal 3 14 1 23 5 13 44 11 114 $24,877 $24,877

2.4 Construction Cost Estimates 6 16 0 40 0 0 0 0 62 $17,334 $17,334

2.5 Quality Assurance/Quality Control 6 24 24 0 0 0 0 0 54 $16,375 $16,375 Subtotal 76 145 27 176 23 62 203 52 764 $184,851 $2,220 $0 $187,071 3 Bidding

3.1 Pre-bid Meeting 4 4040 0 0 0 1 2 $3,551 $240 $3,791

3.2 Respond to RFI’s / Assist with Addenda 0 8480 6 6 4 3 6 $8,765 $8,765

3.3 Bid Review 1 1040 0 0 2 8 $1,980 $1,980
Subtotal 5 13 4 16 0 6 6 6 56 $14,296 $240 $0 $14,536
4 Construction Phase Services

4.1 Project Management 20 20 0 0 0 0 0 0 40 $12,496 $12,496

4.2 Meetings 8 52 0 20 20 0 0 0 100 $28,138 $3,600 $31,738

4.3 Requests for Information 8 24 40 24 24 0 0 0 120 $33,308 $33,308

4.4 Change Orders 4 4488 8 0 4 4 0 $10,001 $10,001

4.5 Shop Drawing Submittals 4 24 64 64 84 0 0 0 240 $62,788 $62,788

4.6 As-Built Drawings 0 4048 4 2 0 0 4 0 $8,369 $8,369

4.7 Commissioning 0 8080 0 0 0 1 6 $4,558 $240 $4,798
Subtotal 44 136 108 128 144 12 20 4 596 $159,658 $3,840 $0 $163,498 TOTAL 168 335 151 358 169 85 248 72 1,586 $404,954 $7,260 $0 $412,214 Notes:

1. Per the Agreement, billing rates presented in the original Agreement will be escalated for inflation. For budgeting purposes, the not-to-exceed budget limit shown assumes a 10% increase, but actual billing rates will be escalated as outlined in the Agreement.

Hours Budget
Exhibit A
Estimated Work Effort
WWTP Primary Clarifier Covers Project
On-Call Wastewater Engineering Design Services
City of Palm Springs
Item 1F - Page 14

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT A8356 FOR THE PALM

CANYON DRIVE / INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03
RECOMMENDATION:

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 CONSENT CALENDAR

SUBJECT: AUTHORIZE A TASK ORDER IN THE AMOUNT OF $75,716 TO ALBERT A. WEBB ASSOCIATES PURSUANT TO ON-CALL AGREEMENT A8356

FOR THE PALM CANYON DRIVE / INDIAN CANYON DRIVE / CAMINO PAROCELA TRAFFIC ROUNDABOUT, CITY PROJECT NO. 20-03.

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action will allow for the authorization of additional Civil Engineering Services from Albert A. Webb Associates (Webb) for the Palm Canyon Drive / Indian Canyon Drive / Camino Parocela Traffic Roundabout, City Project No. 20-03.

RECOMMENDATION:

1. Authorize an increase in the amount of $75,716 to Purchase Order No. 20001072 for additional Civil Engineering Services with Albert A. Webb Associates for the Palm Canyon Drive / Indian Canyon Drive / Camino Parocela Traffic Roundabout, City Project No. 20-03.

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

BACKGROUND:

On January 30, 2020, City Council authorized a purchase order in the amount of $236,174 for Civil Engineering Design Services to Webb to evaluate safety improvements and provide conceptual plans at the subject intersection as an extension of the Indian Canyon 2-way conversion project. Webb reviewed both a signalized and a roundabout approach, with the roundabout ultimately being preferred from a traffic safety perspective.

On April 22, 2021, City Council approved the conceptual roundabout drawings and directed Staff to move forward with construction drawings. Staff worked with Webb and the Planning Department to finalize design elements and landscaping details.

Item 1G - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
Authorize Purchase Order Increase for CP 20-03 Roundabout Project

On September 29, 2022, a task order in the amount of $40,817 was approved for additional landscaping design, lighting design, field review, and conception plan updates.

Figure 1 below shows the current layout of the roundabout.

Figure 1 – Roundabout Layout

STAFF ANALYSIS:

Based on the updated field review, desktop study, and recent best practices for construction projects, Staff finds i t necessary to conduct additional utility research via a geophysical study and potholing. A utility geophysical consists of using ground penetrating radar (GPR), direct/induction scanners, and radio scanners. Potholing will help finalize the street lighting foundation design and locations.

Both the geophysical and potholing will save time and money during cons truction by locating subsurface conflicts above and beyond what USA Dig Alert will provide. Dealing with unanticipated subsurface conflicts during construction can add costly design changes and delays.

Item 1G - Page 2
City Council Staff Report
September 26, 2023 -- Page 3
Authorize Purchase Order Increase for CP 20-03 Roundabout Project

Staff recommends that City Council approve additional civil engineering services from Webb, as outlined in their proposal dated August 10, 2023, in the amount of $75,716.

Webb’s proposal is included as Attachment A.

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 structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Therefore, in accordance with Section 15301 (c ), Staff has determined that the Palm Canyon Drive/Indian Canyon Drive/Camino Parocela Traffic Roundabout, City Project No. 20-03, is considered categorically exempt from CEQA and a Notice of Exemption was filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2B “Community Infrastructure”, and the 5-Year Capital Improvement Plan.

FISCAL IMPACT:

Sufficient Capital Improvement Funds are budgeted and available to cover the additional $75,716 increase to the Purchase Order.

REVIEWED BY:

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

ATTACHMENT:

A. Webb Proposal
Item 1G - Page 3
AT

TACHMENT A
Item 1G - Page 4
2020-0027
H:\2020\20-0027\Proposals, Contracts, & Change Order s \Change Orders\CO-2\20-0027_CO- 2_Potholing - Revised.docx
July 6, 2023
Revised August 10, 2023

Mr. Francisco Jaime, PE
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

R
E: Request for Change Order for GPR, Potholing, and Improvement P
lan Scope Expansion for the Roundabout Project

Dear Francisco:

Albert A. WEBB Associates respectfully submits this change order for GPR, P
otholing, and Improvement Plan Scope Expansion related to the Roundabout project in the City of Palm Springs. Enclosed you will find our Scope of Services (Exhibit “A”) and Compensation for Scope of Services (Exhibit “B”) for your review and consideration.

Don’t hesitate to contact us with questions regarding this amendment at 951- 248-4289. To accept this request, please provide the appropriate contract documents.

Sincerely,

A
lbert A. Webb Associates

Nick Lowe, MS / PE
D
eputy Director, Traffic & Transportation

A
ttachments: “A” – Scope of Services
“B” – Compensation for Scope of Services
“C” – Fee Breakdown
Item 1G - Page 5
A L B E R T A.

WEBB

ASSOCIATES
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
T: 951.686.1070
-ltmi11a
www.webbassociates .com

Page 3 ends

H:\2020\20-0027\Proposals, Contracts, & Change Orders\Change Orders\CO-2\20-0027_CO-2_Potholing - Revised.docx EXHIBIT “A” SCOPE OF SERVICES

Task 1: Field Survey

• W
EBB’s field survey department will review the improvement plans and GPR and potholing exhibit. • Survey crew will locate improvement locations in the field and mark them with paint, nail, or other appropriate marking. Marking to be able to withstand rain and moderate wear to last until all potholing, survey work and drawings are complete.
• Marked locations to include proposed street lights and approximate location/alignment of street light conduit runs.

T
ask 2: GPR Services

• W
EBB’s Consultant (Consultant) will prepare Traffic Control plans. • Consultant to procure no-fee encroachment permit from the City of Palm Springs. • Consultant will perform Dig Alert Mark-outs/Meetings. • Consultant will use RD/EM/EMI/CCTV and other equipment to mark out all known underground utilities, as well as any utilities in the area with visible/accessible vaults, pull boxes, etc. • Consultant will perform an Inductive and GPR “sweep” of the area to mark out any unknowns within the identified GPR areas on the WEBB-prepared exhibit.
• Consultant will prepare GPR result report with plan drawings showing findings which include depth, size, location, and photos.

T
ask 3: Update Plans Per Potholing Results

• WEBB will revise all street, landscaping and streetlight plans based on the results of the GPR report to avoid utility conflicts.

T
ask 4: Update Plans Per City Comments to Extend Pavement

• WEBB will revise plans per City comments dated 5/3/23 and meeting on 4/19/23. • WEBB has existing topography in CAD base file for the extended areas and it is not expected that additional survey or base file creation work will be necessary. • Street improvement plans will include additional pavement reconstruction/rehabilitation work up to Ramon Road (back of southern crosswalk) and down to Sunny Dunes Road (back of northern crosswalk). Type of pavement work to be per City’s pavement index report or City direction. o As of writing, 2” grind and overlay towards Ramon Road and full depth reconstruction towards Sunny Dunes. City will review, confirm, and provide direction. • Striping plans to be extended to include additional pavement reconstruction/rehabilitation areas. It is expected that the proposed striping will match existing unless there are simple improvements that can be implemented.
• Street improvement and striping plans to be incorporated into the primary set of plans.

Task 5: Optional Task - Potholing

• Consultant will set up protective barriers to shield pedestrians and traffic from flying debris (if necessary).
• Consultant will saw cut/remove asphalt and document its depth (where applicable). • Consultant will use their Air/Vacuum Systems to remove dirt, rocks, sand, or others to expose Item 1G - Page 6

Page 4 ends

H:\2020\20-0027\Proposals, Contracts, & Change Orders\Change Orders\CO-2\20-0027_CO-2_Potholing - Revised.docx utility/clear to requested dimensions.
• Consultant will use BMP measures to ensure dust does not travel out of work area. • Consultant will locate positive horizontal depth, size, and material of utility (if applicable). • Consultant will document all utilities located with spray paint on the concrete/asphalt as well as in writing plan drawings and photographs in our logbooks (if applicable). • Consultant will shade utilities with sand, and backfill with Low PSI Slurry Seal. • Consultant will finish the hole with Cold Patch (where applicable). • Consultant will sweep and clean the entire work area. • Consultant will provide detailed logs and photographs of each pothole. • Consultant will dispose of spoils off-site each day.
• Consultant will pothole to the dimensions of overall footing size and depths necessary for street light and conduit installs to ensure there are no existing utilities at proposed depths for new construction.

Item 1G - Page 7

Page 5 ends

H:\2020\20-0027\Proposals, Contracts, & Change Orders\Change Orders\CO-2\20-0027_CO-2_Potholing - Revised.docx EXHIBIT "B" COMPENSATION FOR SCOPE OF SERVICES

Work shall be billed on an hourly basis not to excee d the amount indicated below without prior authorization from the client. Total fees for services shown in the Scope of Work (Exhibit "A") shall be a total of $56,795.00.

If the optional potholing task is authorized to proceed, the total fees for services shown in the Scope of Work (Exhibit "A") shall be a total of $75,716.00.

Item Description
Nicholas Lowe
Nicholas Keller
Son Le
Deborah Saulina
Jason Ardery
Party Chief/2-Person
Survey Crew
Andres Lopez
Nicole Volpe
Total Hours
Subtotal - Labor
Sub-consultant
budget
Expenses
Total/task
1 Billout Rate 252 $ 203 $ 176 $ 123 $ 273 $ 276 $ 203 $ 139 $ Task 1 - Field Survey (Staking) 1 4 2 12 6 25 6,032 $ - $ 200 $ 6,232 $

1.1Staking & Marking 1 4 2 12 6 25 6,032$ -$ 200$ 6,232$ Task 2 - GPR 1 4 1 6 1,079 $ 26,686 $ - $ 27,765 $

2.1GPR 1 4 1 6 1,079$ 26,686$ -$ 27,765$
Task 3 - Update Plans Per GPR and Potholing 2 16 8 24 50 8,496 $ - $ - $ 8,496 $

3.1Revise Street Plans 2 16 18 3,752$ -$ -$ 3,752$

3.2Revise Landscape Plans 24 24 3,336$ -$ -$ 3,336$

3.3Revise Street Light Plans 8 8 1,408$ -$ -$ 1,408$ Task 4 - Update Plans per City Comments to Extend Pavement 4 40 28 2 74 14,302 $ - $ - $ 14,302 $

4.1Street Improvement Plans 2 40 1 43 8,747$ -$ -$ 8,747$

4.2Signing and Striping Plans 2 28 1 31 5,555$ -$ -$ 5,555$ Task 5 - Optional Task 1 4 1 6 1,079 $ 17,842 $ - $ 18,921 $

5.1Potholing 1 4 1 6 1,079$ 17,842$ -$ 18,921$
9 56 48 4 2 12 6 24 161 30,988 $ 44,528 $ 200 $ 75,716 $

1. Rounded to the nearest $1.

Total
Item 1G - Page 8

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVE SIX PURCHASE AND SALE OF PUBLIC ARTWORK AGREEMENTS

FOR THE PILLARS OF PALM SPRINGS PUBLIC ART PROJECT ON THE EAST

TAHQUITZ CANYON WAY MEDIAN ART PADS BETWEEN SUNRISE WAY AND

EL CIELO ROAD
RECOMMENDATION:

1. Authorize the City Manager to execute all necessary agreements to implement the Pillars of Palm Springs Public Art Project.

2. Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 CONSENT CALENDAR

SUBJECT: APPROVE SIX PURCHASE AND SALE OF PUBLIC ARTWORK

AGREEMENTS FOR THE PILLARS OF PALM SPRINGS PUBLIC ART

PROJECT ON THE EAST TAHQUITZ CANYON WAY MEDIAN ART PADS

BETWEEN SUNRISE WAY AND EL CIELO ROAD

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

The Public Arts Commission recommends the City Council approve six purchase and sale of public artwork agreements for the Pillars of Palm Springs art project (Artwork s). Six artists were selected to create an artwork (Pillar) for one of the six selected equities. The Artworks will be placed on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road - the same locations where the Altanviro and Loper artwork by Christopher Myers (Horse Sculptures) are currently located (Attachment A).

RECOMMENDATION:

1. Approve six purchase and sale of public artwork agreements for the Pillars of Palm Springs Public Art Project by artists Roger Reutimann (Creativity ) in the amount of $47,000, Scott Froschauer (Equality) in the amount of $50,000, Anne Faith Nicholls (Serenity ) in the amount of $44,000 , Bernard Stanley Hoy es (Diversity) in the amount of $50,000, Jessup + Cooning (Civility) in the amount of $50,000, and MIDABI (Community) in the amount of $50,000.

2. Authorize the City Manager to execute all necessary agreements to implement the Pillars of Palm Springs Public Art Project.

BACKGROUND:

On January 18, 2023, at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $300,000 of Public Arts Funds for the proposed Artwork.

On April 10, 2023, the City Council approved the appropriation and expenditure of $300,000 for the Pillars of Palm Springs Public Art Project.

Item 1H - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
Pillars of Palm Springs

On August 14, 2023, the Public Arts Commission voted to recommend the City Council approve the recommended Artworks.

STAFF ANALYSIS:

The Call for Artists was released on June 7, 2023, through the City’s online bid platform PlanetBids. It was also advertised in The Desert Sun; promoted on the City’s social media pages; posted on Publicartist.org and codaworx.com
call for artists sites; notices were
sent to artist s in the City’s vendor database; and the Palm Springs Post published two pieces on this opportunity. A pre-proposal conference was held on June 27, 2023, and 87 proposals were received from 57 artists by the deadline of July 25, 2023.

The scope of work for the Artworks included the following:

• Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road. • The sculpture is to be between 6’ -12’ tall and must be anchored on the 5’ x 5’ art pads currently located in the median. (Note: important as that will be the base to support the piece and crucial for installation)
• The sculpture shall be a one-of-a-kind piece.
• The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate. • Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs. • No parts of the sculpture may extend beyond the median. • Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets. • The sculpture will represent one equity that represents the core ethos and identifier for Palm Springs community. These are (1) Creativity, (2) Equality, (3) Serenity, (4) Diversity, (5) Civility, and (6) Community.
• Artists may submit multiple proposals for each of the represented equity values (pillars).

A review panel consisting of three individuals experience d in evaluating art, and in particular, public art, evaluated the 87 proposals. The proposals were evaluated on the published criteria which consisted of team's qualifications and experience, a demonstrated understanding of the overall project and quality of artwork, local preference and cost. The artist’s work that was ranked the highest in each of the six equities are being recommended for award of the ag reements. The recommended artists were presented to the Public Arts Commission and the Public Arts Commission supports the recommendations of staff. The recommended artists and artwork are outlined below.

Item 1H - Page 2
City Council Staff Report
September 26, 2023 -- Page 3
Pillars of Palm Springs

Creativity, by Roger Reutimann

Reutimann’s artwork employs symbolism to communicate concepts. His incorporation of the elements of a classic mid -century Cadillac with those of the desert cactus are bold, playful and speaks to Palm Springs’ reputation for mid- century design and the beauty of our desert environment.

Creativity, by Roger Reutimann

Item 1H - Page 3
City Council Staff Report
September 26, 2023 -- Page 4
Pillars of Palm Springs

Equality, by Scott Froschauer

Froschauer’s artwork includes elements of the Progress Pride Flag with classical G reek columns, a timeless and eternal vision.

Equality, by Scott Froschauer

Item 1H - Page 4
City Council Staff Report
September 26, 2023 -- Page 5
Pillars of Palm Springs

Serenity Our Desert Oasis, by Anne Faith Nicholls

Nicholls’ artwork references waves, to symbolize both the healing waters that lured the first inhabitants of the desert, and as a reminder of the need to conserve natural resources.

Serenity Our Desert Oasis, by Anne Faith Nicholls

Item 1H - Page 5
City Council Staff Report
September 26, 2023 -- Page 6
Pillars of Palm Springs

Diversity, by Bernard Stanley Hoyes

Hoyes’ artwork of multi-colored hummingbirds ascending in a double helix represents the common genetic thread of all species, our common hereditary code, and the coexistence of multiple cultures.

Diversity, by Bernard Stanley Hoyes

Item 1H - Page 6
City Council Staff Report
September 26, 2023 -- Page 7
Pillars of Palm Springs

Civility, by Jessup + Cooning

Jessup + Cooning’s artwork is a nod to the rhythm and geometry of Palm Springs architecture. While the shapes reference the built world, they dissolve into natural forms; civility is defined as a harmonious and respectful interaction between the two.

Civility, by Jessup + Cooning

Item 1H - Page 7
City Council Staff Report
September 26, 2023 -- Page 8
Pillars of Palm Springs

Community, by MIDABI - Community

MIDABI’s artwork of 50 signs (representing the 50 neighborhoods of Palm Springs), with the same word, pointing in every direction, draws a clear and concise conclusion that the community is everywhere. MIDABI uses a mix of semantics and graphic design to make this statement.

Community, by MIDABI - Community

Item 1H - Page 8
City Council Staff Report
September 26, 2023 -- Page 9
Pillars of Palm Springs

The complete agreements for each of the recommended artists are provided in Attachment B.

Each of the Artworks will be under warranty for twenty-four months that the Artworks will be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both parties of this Agreement.

This warranty includes any workmanship or materials which cause the Artwork to deteriorate over the twenty-four (24) month period in a manner inconsistent with the design.

The artists selected for recommendation have been notified their artworks will be considered by City Council.

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:

Funding in the amount of $300,000 from the Public Arts Funds was previously approved for this project and is available in the FY24 budget in account 1502550 60030, Public Art - Acquisition.

Item 1H - Page 9
City Council Staff Report
September 26, 2023 -- Page 10
Pillars of Palm Springs

REVIEWED BY:

Department Director: Jay Virata
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Pillar Location Map
B. Agreements

Item 1H - Page 10

ATTACHMENT A

Item 1H - Page 11

ATTACHMENT A

PROPOSED PILLAR LOCATIONS

Item 1H - Page 12

ATTACHMENT B

Item 1H - Page 13

Revised 4.13.23 Page 1 of 15

PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P192
THE PILLARS OF PALM SPRINGS – CREATIVITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation (“City”), and ROGER REUTIMANN DBA REUTIMANN STUDIOS LLC (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

NOW, THEREFORE, City and Artist, for the consideration and under the conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Municipal Ordinance No. 1479, and as outlined on Exhibit A Scope of Work and Pricing and Exhibit B Insurance Requirements agree as follows:

AGREEMENT

1. Ownership of Documents, Models. All studies, drawings, designs, and models prepared and submitted by Artist to City relative to this Agreement shall become the property of City. City agrees not to reuse such studies, drawings, and models for the purpose of constructing a full - sized duplicate of the Artwork.

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $47,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good condition. The City wil l preserve complete flexibility to operate and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to el iminate hazard, to comply with the ADA, to otherwise aid City in the manageme nt of its property and affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate loc ation that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers , ag ents, employees, successor s a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 14

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the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into the Site such that the Artwork cannot be removed from the Site without alteration of the Artwork, Artist waives any and all such claims against the City, and its agents, officers and employees, for alteration of the Artwork.

3.3 Disclaimer. If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2).

4. Artist’s Warranties.

4.1 Defects in Materials or Workmansh ip. Artist warrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately fo llowing execution of both par ties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherw ise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

4.2 Title. Artist warrants that the Artwork is the result of the artistic ef forts of Artist and that the Artwork will be delivered and transferred to City free and clear of any liens, claims, or other encumbrances of any type, exclusive of intellectual property rights of Artist.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising under this Agreement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fi fteen (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided t hat if the default is or prese nts an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to seek arbitration, and such compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any defaul t shall impair such right or r emedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or Item 1H - Page 15

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approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnec essary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.3 Rights and Remedies . Exce pt with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties hereunder are cumulative and the exercise by eith er party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

6.4 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or is made a party to any act ion or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal o r equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all li abilities, actions, claims, demands, losses, costs, damages, penalties, and exp enses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that ar ise out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exh ibit “C” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provi de the City with a copy of the application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

8.2 Copyright . Except as noted in this Agreement, the Artist shall retain all copyrights in all original works of authorship produced under this Agreement. Artist’s copyright shall not extend to predominantly utilitarian aspects of the work, such as landscaping elements, furnishings, or other similar objects. Notwithstanding any other provision to the contrary, Artist shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the Artwork or any component thereof or any likeness or reproduction of the Artwork or any component thereof without the express written approval of the City. Nothing herein shall prohibit the Artist from providing two dimensional images of the Artwork or portions thereof to be Item 1H - Page 16

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included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License. Ar tist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all inte llectual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive property of t he City. Such license rights include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the de sign of the Site, City may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. City may use such reproductions f or any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of Cit y’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from t he sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproducti on, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and repr oduce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual prope rty rights of Artist.

8.5 Publicity . City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional material s regarding the City. Artist sha ll be reasonably available to atten d any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

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8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or trade dress rights in con nection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or sponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work uti lizing or incorporating such individual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright protect ed status, whichever is longe r, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individ ual person comprising Arti st. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells the Artw ork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by Ci ty under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece , separate from or itemized as part of a real property transaction, City shall p ay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. T o fa cilitate consultation, Artist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects discr edit on the Artwork or on the nam e of Ar tist or on the reputation of Artist.

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11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or th e Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or othe rwise transfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

12. Integration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed by authorized representatives of the parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

14. Further Responsibilities of the Parties . Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute al l instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unles s hereafter specified, neither party shall be responsible for the services of the other.

15. Notices. Any notic e which either party may desire to give to the other party under this Agreement must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate, or by facsimile when followed by a facsimile confirming receipt:

To Artist: Reutimann Studios LLC
Attention: Roger Reutimann
330 Norton Street
Boulder, CO 80305

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

Copy to: City of Palm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
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A change in the designation of the person or address to which submittals, requests, notices or reports shall be delivered is effective when the other party has received notice of the change by certified mail or by facsimile when followed by a return facsimile confirming receipt.

16. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that all parties are not signatories to the original on the same counterpart.

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND ROGER REUTIMANN DBA REUTIMANN STUDIOS LLC

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

CONTRACTOR:

By: _____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ______________________ Item No. ______________________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: ____________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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EXHIBIT A

SCOPE OF WORK AND PRICING

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1. General Requirements
Artist will submit a proposal for a pillar sculpture(s) that represent one of six equities that represents the core ethos and identifier for Palm Springs community. These are: (1) Creativity, (2) Equality, (3) Serenity, (4) Diversity, (5) Civility, and (6) Community.

2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

B. The sculpture is to be between 6’-12’ tall and must be anchored on the 5’ x 5’ art pads currently located in the median. (Note: important as that will be the base to support the piece and crucial for installation)
C. The sculpture shall be a one-of-a-kind piece.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

H. The sculpture will represent one equity that represents the core ethos and identifier for Palm Springs community. These are (1) Creativity, (2) Equality, (3) Serenity, (4) Diversity, (5) Civility, and (6) Community.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

K. The word of your chosen equity must be visible on the sculpture to passersby. The word must be a fully integrated design element, and not simply a caption on the pedestal. Only one equity is to be represented in the piece.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

4. Invoicing
A. The Contractor shall submit the invoice to the Contract Administrator. Invoice must contain following: i. Purchase order number
B. Approval for payment shall be authorized by the Contract Administrator.

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ATTACHMENT B: QUOTE/PRICING SCHEDULE - REVISED
PER ADDENDUM NO. 2

1. Refer to "Sample Service Agreement " Contract Terms and Conditions before completing quote .

2. Quote your best price , includ ing freight, for each item. If shipping is requi red shipping shall be quoted FOB Destination, Freight Included .

3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently , without consultation, communication, or agreement with any other vendor or competitor , for the purpose of restricting competition with regard to prices.

DESCRIPTION UOM PRICE TOTAL
Materials LumpSum
\Yalter Composites. Denver 17,200.00
Fabrication e1rnenC1Ctft GetirU Fabrieator, 06n LumpSum 12,500.00 AIJtomObVe tnshing 4,000.00
Exterior Finishes AutomoU\'e Finishing Products LumpSum 3,200.00 Transportation Crating MCI FedExG<oond LumpSum 2,200.00 Installation Hohmann Installers LumpSum 1,200.00
Structural Engineer Elmendorl Geuns, Denver LumpSum 1,200.00 Insurance Exssting LumpSum
Hotel sod airfare 1,500.00
Artist Fee Artist fee LumpSum 4,000 .00
TOTAL 47,000.00
PILLAR EQUITY NAME: (1) CREATIVITY
----------------------
COMPANY: REUTIMANN STUDIOS LLC
NAME OF PERSON AUTHORIZED TO SIGN: ROGER REUTIMANN
ADDRESS: 330 NORTON STREET CITY/ STATE/ZIP: BOULDER, CO 80305 PHONE: 3038846000 EMAIL: reutimann @comcast.net
FAX: DATE: JULY 15, 2023
SIGNATURE: TITLE: OWNER
THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY

INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED ANO TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE.

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EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain publi c liability and property damage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect durin g the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance w ritten notice to City of any proposed cancellati on. Certificates of insurance eviden cing the foregoing and designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minim um amo unt of insurance required under this Agreement shall be as follows:

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

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

3. Professional liability (err ors and omissions) insurance with lim its 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 Insuranc e with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

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

5. Sufficiency of Insurers. Insurance required in this Agreement shall be p rovided by authorized insurers in good stan ding with the State of California. Cover age 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. Contrac tor shall furnish City with both certific ates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agr eement. The certificates and endorsements are t o be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insuranc e poli cies at any time. Additional insur ed endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Hold er 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 o r representative" is not acceptable and must be crossed out.

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

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

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All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

1. 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 shal l reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, emplo yees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or s elf-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

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EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of ________________, from ROGER REUTIMANN DBA REUTIMANN STUDIOS LLC (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable cons ideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain work created by Seller entitled THE PILLARS OF PALM SPRINGS – CREATIVITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such personal property, and that Seller had good right to sell the same as aforesaid and will warrant and defend the title thereto unto buyer, its successors, subsidiaries, parent corporations, affiliates and loan participant.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

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PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P193
THE PILLARS OF PALM SPRINGS – EQUALITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation (“City”), and SCOTT FROSCHAUER DBA BIG SHOW INDUSTRIES, INC (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

AGREEMENT

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $50,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good condition. The City wil l preserve complete flexibility to operate and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to eliminate hazard, to comply with the ADA, to otherwise aid City in the manageme nt of its property and affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate location that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its office rs, agents, employees, successor s a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 29

Revised 4.13.23 Page 2 of 15

4. Artist’s Warranties.

4.1 Defects in Materials or Workman ship. Artist warrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both par ties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherw ise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising under this Agreement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commence s to cure such default within fi fteen (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided tha t if the default is or prese nts an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to seek arbitration, and such compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any defa ult shall impair such right or r emedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or Item 1H - Page 30

Revised 4.13.23 Page 3 of 15

approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnec essary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any oth er default concerning the same or any other provision of this Agreement.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all li abilities, actions, claims, demands, losses, costs, damages, penalties, and exp enses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that aris e out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exh ibit “C” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of the application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

Revised 4.13.23 Page 4 of 15

included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License. Ar tist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and al l intellectual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive propert y of the City. Such license rights include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, City may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. C ity may use such reproductions f or any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of Cit y’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to repr oduction, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize thir d parties to review and repr oduce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual propert y rights of Artist.

8.5 Publicity . City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materi als regarding the City. Artist sha ll be reasonably available to atten d any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

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8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or trade dress rights in connec tion with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to sour ce or sponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize an other to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or incorporating such i ndividual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright prote cted status, whichever is lo nger, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving i ndividual person comprising Arti st. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells the Artw ork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than t he purchase price paid by Ci ty under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual pie ce, separate from or itemized as part of a real property transaction, City shall p ay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. To facilitate consultation, Artist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects dis credit on the Artwork or on the nam e of Ar tist or on the reputation of Artist.

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Revised 4.13.23 Page 6 of 15

11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or ot herwise transfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

14. Further Responsibilities of the Parties . Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both partie s agree to act in good faith to execute al l instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unles s hereafter specified, neither party shall be responsible for the services of the other.

To Artist: Big Show Industries, Inc.

Attention: Scott Froschauer
10401 Tuxford St
Los Angeles, CA 91352

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

Copy to: City of Pa lm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
Item 1H - Page 34

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SCOTT FROSCHAUER DBA BIG SHOW 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: ______________________ 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 WORK AND PRICING

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2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

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Revised 4.13.23 Page 11 of 15

Item 1H - Page 39
ATTACHMENT 8 : QUOTE/PRICING SCHEDULE - REV ISED
PER ADDENDUM NO. 2

1. Refer to "Sample Service Agreement" Contract Tenns and Conditions before completi ng quote.

2. Quote your best price, including freight, for each item. If shipp ing is required shipping shall be quoted FOB Destination, Freight Included .

3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independently , without cons ultation, communication, or agreement with any other vendor or competitor, for t he purpose of restricting competition with regard to prices.

DESCRIPTION UOM PRICE TOTAL
Materials LumpSum $8,000 .00
Fabrication LumpSum $10,000.00
Exterior Finishes LumpSum $7,000.00
Transportation LumpSum $2,500.00
Installation LumpSum $3,000.00
Structural Engineer LumpSum $3,000.00
Insurance LumpSum $1,500.00
Artist Fee LumpSum $15,000 .00
TOTAL $50,000.00
PILLAR EQUITY NAME: Equality -------------------
COMPANY: Big Show Industries, Inc.

NAME OF PERSON AUTHORIZED TO SIGN Scott Froschauer
ADDRESS: 10401 Tuxford St CITY / STATE/ZIP LA/CA/9 1352 PHONE 213-216 -5039 EMAIL: SF@ScottFroschauer .com
FAX: DATE: 7/25/2023
SIGNATURE: TITLE: Owner
THE CITY RESERVE ifHE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY

INFORMALI TIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE.

Revised 4.13.23 Page 12 of 15

EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure a nd maintain public liability and property damage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect durin g the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. Certificates of insur ance evidencing the foregoing and designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minim um amo unt of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined s ingle 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 (err ors and omissions) ins urance 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 In surance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

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Revised 4.13.23 Page 13 of 15

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if C ontractor provides claims made professional liability insu rance, Contractor shall also agree in writing ei ther (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contract or’s services under this Agreement, or (2) to maintain profess ional liability insurance coverage with the same carrier in the amount required by this Agreement for at leas t three years after completion of Contractor’s services under this Agreement. Contra ctor 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 p rovided by authorized insurers in good standing with the State of California. Cover age 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 certific ates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are t o be signed by a person au thorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the r ight to require Contractor’s insurers to provide complete, certified copies of all re quired insurance policies at any time. Additional insur ed endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

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

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

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

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Revised 4.13.23 Page 14 of 15

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of wor k shall not waive the Contractor’s obligation to provide them.

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

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

Item 1H - Page 42

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EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of ________________, from SCOTT FROSCHAUER DBA BIG SHOW INDUSTRIES, INC. (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain work created by Seller entitled THE PILLARS OF PALM SPRINGS – EQUALITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

Item 1H - Page 43

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PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P194
THE PILLARS OF PALM SPRINGS – SERENITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation (“City”), and ANNE FAITH NICHOLLS (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

AGREEMENT

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $44,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good condition. The Ci ty will preserve complete flexibility to operate and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to elim inate hazard, to compl y with the ADA, to otherwise aid City in the manageme nt of its property and affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate l ocation that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers, agents, employees, suc cessors a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 44

Revised 4.13.23 Page 2 of 15

the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into the Site such that the Artwork cannot be removed from the Sit e without alteration of the Artwork, Artist waives any and all such claims against the City, and its agents, officers and employees, for alteration of the Artwork.

4. Artist’s Warranties.

4.1 Defects in Materials or Workmanship . Artist warrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both parties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would othe rwise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising under this Agreement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default wit hin fifteen (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided tha t if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to seek arbitration, and s uch compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default shall impair such righ t or r emedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or Item 1H - Page 45

Revised 4.13.23 Page 3 of 15

approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnecess ary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.3 Rights and Remedies . Exce pt with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties hereunder are cumulative and the exercise by ei ther party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

6.4 Attorne ys’ Fees. If either pa rty to this Agreement is required to initiate or defend or is made a party to any act ion or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whethe r le gal o r equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such acti on, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all liabi lities, actions, claims, demands, losses, costs, damages, penalties, and exp enses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that aris e out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto a s Exhibit “C” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of t he application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

Revised 4.13.23 Page 4 of 15

included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License. Ar tist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all intellectual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive property of the City. Such license r ights include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, Ci ty may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. City may use such reproduct ions for any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of C ity’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduction, and this Agreement i s intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize thir d parties to review an d re produce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual propert y rights of Artist.

8.5 Publicity . City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding the City. A rtist shall be reasonably available to atten d any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

Item 1H - Page 47

Revised 4.13.23 Page 5 of 15

8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or trade dress rights in c onnection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or sponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize anothe r to execute another w ork of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright prote cted status, whichever is longer, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual person comprising Ar tist. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells th e Artwork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than t he purchase price paid by City under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, City shall p ay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. To facilitate consultatio n, A rtist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects discred it on the Artwork or on th e nam e of Ar tist or on the reputation of Artist.

Item 1H - Page 48

Revised 4.13.23 Page 6 of 15

11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or ot herwise transfer any p ortion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

12. Integration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed by authorized representatives of t he parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

14. Further Responsibilities of the Parties . Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith t o execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unles s hereafter specified, neither party shall be responsible for the services of the other.

To Artist: Anne Faith Nicholls
Attention: Anne Faith Nicholls
1488 Via Roberto Miguel
Palm Springs , CA 92262

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

Copy to: City of Palm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
Item 1H - Page 49

Revised 4.13.23 Page 7 of 15

16. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, no twithstanding that all parties are not signatories to the original on the same counterpart.

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Revised 4.13.23 Page 8 of 15

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND ANNE FAITH NICHOLLS

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: _______________________________ D ate:

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 WORK AND PRICING

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2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

Item 1H - Page 53

Revised 4.13.23 Page 11 of 15

Item 1H - Page 54
ATTACHMENT B: QUOTE/PRICING SCHEDULE - REVISED
PER ADDENDUM NO. 2

1. Refer to " Sample Service Agreement " Contract Terms and Conditions before complet ing quote .

2. Quote your best price, including freight , for each item. If shipping is required shipping shall be quoted FOB Destination , Freight Included .

3. In submitting this quote, vendor certifies that the prices in this quote have been arrived at independen tly, witho ut consultation , communication , or agreement with any other vendor or competitor , for the purpose of restrict ing competition with regard to prices.

DESCRIPTION UOM PRICE TOTAL
Materials LumpSum 5000
Fabrication LumpSum 5000
Exterior Finishes (+ Lighl ing) LumpSum 7000
Transportation LumpSum 2000
Installation Lump$um 2000
Structural Engineer LumpSum 2000
Insurance LumpSum 1000
Artist Fee LumpSum 20000
TOTAL 44000
PILLAR EQUITY NAME: SERENITY
--------------------
COMPANY: ANN E FA ITH N ICHO LLS
NAME OF PERSON AUTHORIZEO TO SIGN: ANNE FA ITH N ICHO LLS ADDRESS: 1488 VIA ROBERTO MI G UEL CITY / STATE/ZIP: PALM SPRINGS, CA 92262 PHONE: 323-382-6522 EMAIL: annefailhnicho lls@gmai l.com FAX: DATE: July 25, 2023
SIGNATURE: ~ g,,,wtft,,Ju{).._ .. TITLE: Ar tist
THE CITY RESERVES THE RIGHT TO REJECT OR CANCE L ANY OR ALL QUOTES. TO WAIVE ANY

INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE.

Revised 4.13.23 Page 12 of 15

EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure a nd maintain public liability and property da mage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content sat isfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect d uring the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. Certificates of insur ance evidencing the foregoing and designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. T he procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. T he m inimum amo unt of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined singl e 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 statu tory amount as required by the State of California and Employer’s Liability In surance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

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Revised 4.13.23 Page 13 of 15

4. Errors and Omissions Coverage . If Errors & Omissions Insur ance is required, and if Contractor provides claims made professional liability insu rance, Contractor shall also agree in writing ei ther (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within thre e years of the completion of Contractor’s services under this Agreement, or (2) to ma intain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to C ity of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agree ment shall be p rovided by authorized insurers in good standing with the State of Cali fornia. Cover age 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 cert ificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are t o be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all requir ed insurance policies at any time. Additional i nsured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

A. " The City of Pal m 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 insuranc e is primary an d non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

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

Item 1H - Page 56

Revised 4.13.23 Page 14 of 15

All certificates of insurance and endorsements are to be rec eived and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required docum ents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

1. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any w ork or services under this Agreement. At the option of the City, either (1) the insurer shal l reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the polic y. Contractor guarantees payment of all deductibles and self-insured retentions.

Item 1H - Page 57

Revised 4.13.23 Page 15 of 15

EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of ________________, from ANNE FAITH NICHOLLS (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that c ertain w ork created by Seller entitled THE PILLARS OF PALM SPRINGS – SERENITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

Item 1H - Page 58

Revised 4.13.23 Page 1 of 15

PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P195
THE PILLARS OF PALM SPRINGS – DIVERSITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS , a Cal ifornia charter city and municipal corporation (“City”), and BERNARD STANLEY HOYES DBA BERNARDHOYES.COM (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

AGREEMENT

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $50,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers , agents, employees, successor s a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 59

Revised 4.13.23 Page 2 of 15

4. Artist’s Warranties.

4.1 Defects in Materials or Workmansh ip. Artist warrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both par ties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherw ise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising und er this Agreement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fi fteen (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided t hat if the default is or prese nts an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to s eek arbitration, and such compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

Revised 4.13.23 Page 3 of 15

approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnec essary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any oth er default concerning the same or any other provision of this Agreement.

6.4 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or is made a party to any act ion or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief whic h may be granted, whether legal o r equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

8. Intellectual Property and Publicity Rights

8.2 Copyright . Except as noted in this Agreement, the Artist shall retain all copyrights in all original works of authorship produced under this Agreement. Artist’s copyright shall not extend to predominantly utilitarian aspects of the work, such as landscaping elements, furnishings, or other similar objects. Notwithstanding any other provision t o the contrary, Artist shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the Artwork or any component thereof or any likeness or reproduction of the Artwork or any component thereof without the express written approval of the City. Nothing herein shall prohibit the Artist from providing two dimensional images of the Artwork or portions thereof to be Item 1H - Page 61

Revised 4.13.23 Page 4 of 15

included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, City may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. Cit y may use such reproductions f or any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of Cit y’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from t he sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduc tion, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize thir d parties to review and repr oduce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual prope rty rights of Artist.

Item 1H - Page 62

Revised 4.13.23 Page 5 of 15

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize anothe r to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work uti lizing or incorporating such individual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright prote cted status, whichever is longe r, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individ ual person comprising Arti st. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

9. Documentation. To the extent possible, Artist shall provide information on t he Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. T o facilitate consultation, Artist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

Item 1H - Page 63

Revised 4.13.23 Page 6 of 15

11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

14. Further Responsibilities of the Parties . Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties ag ree to act in good faith to execute al l instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unles s hereafter specified, neither party shall be responsible for the services of the other.

To Artist: Bernardhoyes.com
Attention: Bernard Stanley Hoyes
P.O. Box 961
Palm Springs , CA 92263

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

Copy to: City of Palm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
Item 1H - Page 64

Revised 4.13.23 Page 7 of 15

16. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parti es h ereto, notwithstanding that all parties are not signatories to the original on the same counterpart.

Item 1H - Page 65

Revised 4.13.23 Page 8 of 15

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND BERNARD STANLEY HOYES DBA BERNARDHOYES.COM

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 1H - Page 66

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EXHIBIT A

SCOPE OF WORK AND PRICING

Item 1H - Page 67

Revised 4.13.23 Page 10 of 15

2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

Item 1H - Page 68

Revised 4.13.23 Page 11 of 15

Item 1H - Page 69
ATTACHMENT B: QUOTE/PRICING SCHEDULE - REVISED
PER ADDENDUM NO, 2

1. Refer to .. S,mplt Service Aoniement" Contr-•ct Terms and Condit.Ions befote compl&tJno quot., 2, Quote your beat price, Including freighl for each Item. Ir shipping Is required shipping &hall be quoted FOB Oostlnatlon, Freight lndooed .

J , In suDmlttlng tllfl quote, vendor certifies that the prices In this quote have bten anlved at lnclependencly, without consull1tJon. communication, or aoreemont w'ilh any other vendor or competitor', ror the purpose of rHtriet ing competition with ,..g,rd toprtco,.

DESCRIPTION UOM PRICE TOTAL
Materials L.umpSum ~
J!'t1br'katiCW"I Lump&,m 111/{!Jt:J
Ex1ef1of flnlsheS LumpSUm . 'Zit)tl.t'J
Trs,5po,tation LumpSum Ul'o
lnstaf.ation LumpSum
~-
Slructvra, Engineer LumpSum K'Co
Insurance LumpSum /Z()O
Mist Fee LumpSum Z8.0>6J
TOTAL. $°~AOO
PILLAR EQUITY NAME: _________ ______ __ _
COMPANY 84'B>'Arft?M,i YqS. °'»2
FAX:
~ :i:

THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE A NY

IN, OAMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT U NTIL A LATER DATE.

Revised 4.13.23 Page 12 of 15

EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure a nd maintain public liability and property damage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under thi s Agreement. Contractor shall procure and maintain all insurance at its sole cost an d expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect durin g the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advanc e written notice to City of any proposed cancellati on. Certificates of insur ance evi dencing the foregoing and designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procu ring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minim um amo unt of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined singl e limit cove rage 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 (err ors 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 In surance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

Item 1H - Page 70

Revised 4.13.23 Page 13 of 15

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if C ontractor provides claims made professional liability insu rance, Contractor shall also agree in writing ei ther (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 profess ional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three year s after completion of Contractor’s services under this Agreement. Contractor shall a lso 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 p rovided by authorized insurers in good standing with the State of California. Cover age 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 certific ates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are t o be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to requ ire Contractor’s insurers to provide complete, certified copies of all requir ed insur ance policies at any time. Additional insur ed endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

B. "This insurance is primary and non- contributory over any insura nce 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 exp iration date thereof, the issuing company will mail 30 days written notice to the Certificate Hold er 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.

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

Item 1H - Page 71

Revised 4.13.23 Page 14 of 15

1. 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 shal l reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, em ployees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

Item 1H - Page 72

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EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of _________________, from BERNARD STANLEY HOYES DBA BERNARDHOYES.COM (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated ______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain work created by Seller entitled THE PILLARS OF PALM SPRINGS – DIVERSITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

Item 1H - Page 73

Revised 4.13.23 Page 1 of 15

PURCHASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P196
THE PILLARS OF PALM SPRINGS – CIVILITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation (“City”), and K ATE JESSUP DBA KATE JESSUP DESIGNS (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

AGREEMENT

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $50,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good c ondition. The City wil l preserve complete flexibility to operate and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to elim inate hazard, to comply with the ADA, to otherwise aid City in the manageme nt of its property and affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate l ocation that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers, agents , em ployees, successor s a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 74

Revised 4.13.23 Page 2 of 15

the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into the Site such that the Artwork cannot be remo ved from the Site with out alteration of the Artwork, Artist waives any and all such claims against the City, and its agents, officers and employees, for alteration of the Artwork.

4. Artist’s Warranties.

4.1 Defects in Materials or Workmanship . Arti st w arrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both par ties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherw ise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising under thi s Ag reement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fifte en (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided tha t if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to s eek ar bitration, and such compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default shall impa ir such right or r emedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or Item 1H - Page 75

Revised 4.13.23 Page 3 of 15

approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnec essary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any oth er default concerning the same or any other provision of this Agreement.

6.4 Attorne ys’ Fees. If either party to this Agreement is required to initiate or defend or is made a party to any act ion or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal o r equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigati ng such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and agai nst any and all li abilities, actions, claims, demands, losses, costs, damages, penalties, and exp enses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that arise out of o r relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the fo rm attached hereto as Exh ibit “C” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of the application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

8.2 Copyright . Except as noted in this Agreement, the Artist shall retain all copyrights in all original works of authorship produced under this Agreement. Artist’s copyright shall not extend to predominantly utilitarian aspects of the work, such as landscaping elements, furnishings, or other similar objects. Notwithstanding any other provision to the co ntrary, Artist shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the Artwork or any component thereof or any likeness or reproduction of the Artwork or any component thereof without the express written approval of the City. Nothing herein shall prohibit the Artist from providing two dimensional images of the Artwork or portions thereof to be Item 1H - Page 76

Revised 4.13.23 Page 4 of 15

included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License. Ar tist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all intellec tual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive property of the C ity. Such license rig hts include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, City may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. City may us e such reproductions f or any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of Cit y’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduc tion, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third part ies to review and repr oduce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual propert y rights of Artist.

8.5 Publicity . City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regard ing the City. Artist sha ll be reasonably available to atten d any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

Item 1H - Page 77

Revised 4.13.23 Page 5 of 15

8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or tra de d ress rights in connec tion with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or sponsors hip by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize anothe r to e xecute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or in corporating such individual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright prote cted status, whichever is longe r, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual person comprising Arti st. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells the Artw ork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than t he purchase price paid by Ci ty under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate f rom or itemized as part of a real property transaction, City shall p ay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. To facili tate consultation, Art ist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects discred it on the Artwork or on the nam e of Ar tist or on the reputation of Artist.

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Revised 4.13.23 Page 6 of 15

11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or ot herwise tr ansfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

To Artist: Kate Jessup Designs
Attention: Kate Jessup
4534 SW Concord St.

Seattle, WA 98136

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

Copy to: City of Palm Springs
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
Item 1H - Page 79

Revised 4.13.23 Page 7 of 15

16. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, no twithstanding that all parties are not signatories to the original on the same counterpart.

Item 1H - Page 80

Revised 4.13.23 Page 8 of 15

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND KATE JESSUP DBA KATE JESSUP DESIGNS

IN WITNESS WHEREOF, the Parties have executed this Agre ement 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 1H - Page 81

Revised 4.13.23 Page 9 of 15

EXHIBIT A

SCOPE OF WORK AND PRICING

Item 1H - Page 82

Revised 4.13.23 Page 10 of 15

2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

Item 1H - Page 83

Revised 4.13.23 Page 11 of 15

Item 1H - Page 84
ATTACHMENT B: QUOTE/PRICING SCHEDULE

1. Refer to " Sample Service Agreement" Contract Tenns and Conditions before completing quote.

2. Quote your best price, including freig ht, for each item. If shipping is required shipping shall be quoted FOB Desti nation , Freight Included.

3. In subm itti ng thi s quote , vendor certifies that the prices in this quote have been arrived at independently, withou t consulta tion, commm ication, or agreement with any other vendor or competitor, for the purpose of restr icting competition with regard to prices.

DESCRIPTION UOM PRICE TOTAL
Materials LumpSum 8000
Fabrication LumpSum 11000
Extelior Finishes LumpSum 8000
Transportation LumpSum 3000
Installation LumpSum 7000
Structural Engineer LumpSum 3000
Insurance and1axeo LumpSum 4000
Artist Fee LumpSum 8000
TOTAL 50000
COMPANY:

NAME OF PERSON AUTHORIZED TO SIGN:

ADDRESS: - 8W Conoonl st CITY / STATE/ZIP: -• WA98136
PHONE: 206-931--0838 EMAIL: JNouplcaleQgmall.cam
FAX: DATE:

SIGNATURE: TITLE:

THE CITY RESERVES THE RIGHT TO REJ ECT OR CA NCEL A NY O R A l l QUOTES. TO WAIVE ANY

INFORMA LITIES OR IRREGULARITIES IN THE QUOTES RECEIVED ANO TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATE R DATE.

Revised 4.13.23 Page 12 of 15

EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure a nd maintain public liability and property damage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contra ctor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full fo rce and effect durin g the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. Certificates of insur ance evidencing the foregoing an d designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. T he procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of I nsurance. The minim um amo unt of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined singl e 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 (err ors and omissions) insurance with limits of at least o ne 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’ Comp ensation insurance in the statutory amount as required by the State of California and Employer’s Liability In surance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

Item 1H - Page 85

Revised 4.13.23 Page 13 of 15

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims ma de p rofessional liability insu rance, Contractor shall also agree in writing ei ther (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 Agreeme nt, or (2) to maintain p rofessional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to p rovide 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 p rovided by authorized insurers in good standing with t he S tate of California. Cover age 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 certific ates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are t o be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all requir ed insurance policies at any time. Additional insur ed endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Hold er 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.

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

Item 1H - Page 86

Revised 4.13.23 Page 14 of 15

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates o f insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain th e required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

1. 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, eit her (1) the insurer shal l reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

Item 1H - Page 87

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EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of _________________, from KATE JESSUP DBA KATE JESSUP DESIGNS (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and i ts successors and assigns, that certain work created by Seller entitled THE PILLARS OF PALM SPRINGS – CIVILITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

Item 1H - Page 88
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PURCH

ASE AND SALE OF PUBLIC ARTWORK
AGREEMENT 23P197
THE PILLARS OF PALM SPRINGS – COMMUNITY

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is made and entered into on ___________________, by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation (“City”), and MICHAEL BIRNBERG DBA EASTERN LION LLC (“Artist”).

RECITALS
A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

AGREEMENT

2. Payment. As consideration for the Artwork, City shall pay Artist a total of $50,000.00 from Public Art Program funds.

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork in good c ondition. The City wil l preserve complete flexibility to operate and manage the Artwork in the public’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to elim inate hazard, to comply with the ADA, to otherwise aid City in the manageme nt of its property and affairs, or through neglect or accident. If City finds the Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate l ocation that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers, agents , em ployees, successor s a nd assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of Item 1H - Page 89

Revised 4.13.23 Page 2 of 15

the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into the Site such that the Artwork cannot be r emoved from the Site with out alteration of the Artwork, Artist waives any and all such claims against the City, and its agents, officers and employees, for alteration of the Artwork.

4. Artist’s Warranties.

4.1 Defects in Materials or Workmanship . A rtist w arrants that the A rtwork wil l be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately fol lowing execution of both par ties of this Agreement. This warranty includes any workmanship or materials which cause the Artwork to deteriorate over said twenty - four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherw ise be exp ected from products made of similar materials, or from any quality within the materials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes . In the event of any dispute arising under this Ag reement, the injur ed party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fifte en (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be permitted by the injured party; provided tha t if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to s eek arbitration, and such compliance s hall not be a waiver of any party’s right to seek arbitra tion in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default sha ll impair such right or r emedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or Item 1H - Page 90

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approval of any act by the other party requiring the first party’s consent or approval shall not be deemed to waive or render unnec essary the other party’s consent to or approval of any subsequent act unless such consent or approval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any oth er default concerning the same or any other provision of this Agreement.

6.4 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or is made a party to any act ion or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal o r equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for inve stigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all li abilities, actions, claims, demands, losses, costs, damages, penalties, and exp enses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that aris e out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale. Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exh ibit “C” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of the application for registration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

Revised 4.13.23 Page 4 of 15

included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License. Ar tist grants to City, and to City’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all intellectual property or other property of any nature produced, created, or suggested by the Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive property of the C ity. Such license rig hts include, but are not limited to the following with respect to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:

(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Artwork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the des ign of the Site, City may implement such elements at the Site.

(b) Reproduction and Distribution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three - dimensional reproductions. City may use such reproductions f or any purpose (commercial and noncommercial), including advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of Cit y’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduc tion, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c).

(c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and repr oduce such documents pursuant to public records laws.

8.4 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s copyright and not responsible for protecting the intellectual propert y rights of Artist.

8.5 Publicity . City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regard ing the City. Artist sha ll be reasonably available to atten d any inauguration or presentation ceremonies relating to the public dedication of the Artwork.

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8.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark, or trade d ress rights in connec tion with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or s ponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique . Artist warrants that the design of the Artwork is an edition of one, and that neither Artist not Artists’ agents will execute or authorize anothe r to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork.

Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utili zing or incorporating such individual elements (1) does not consist predom inantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site. This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright prote cted status, whichever is longe r, and shall be binding on Artist and Artist’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual pers on comprising Arti st. Recog nizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells the Artw ork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than t he purchase price paid by Ci ty under this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, sep arate from or itemized as part of a real property transaction, City shall p ay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist’s lifetime when that is practical. To facilitate consultation, Art ist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects discred it on the Artwork or on the nam e of Ar tist or on the reputation of Artist.

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Revised 4.13.23 Page 6 of 15

11.2 Artist’s Commitment. Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment, and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or ot herwise tr ansfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

13. Governing Law. This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of California. Venue shall be in Riverside County.

To Artist: Eastern Lion LLC
Attention: Michael Birnberg
74711 Dillion Rd., Unit 277
Desert Hot Springs, CA 92241

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

Copy to: City of Palm S prings
Attention: City Attorney
P.O. Box 2743
Palm Springs, CA 92263
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16. Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, no twithstanding that all parties are not signatories to the original on the same counterpart.

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND MICHAEL BIRNBERG DBA EASTERN LION LLC

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

CONTRACTOR:

By: _____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ______________________ Item No. ______________________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: ____________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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EXHIBIT A

SCOPE OF WORK AND PRICING

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2. Scope of Work
A. Create new, original, permanent sculptures to be located on the East Tahquitz Canyon median art pads between Sunrise Way and El Cielo Road.

D. The sculpture shall be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they relate.

E. Consideration shall be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, and maintenance and repair costs.

F. No parts of the sculpture may extend beyond the median.

G. Traffic sight lines must be protected and lighting and / or glare cannot shine into the eyes of individuals operating vehicles on the City streets.

I. Artists may submit multiple proposals for each of the represented equity values (pillars).

J. A total of six (6) pieces will be selected for production and installation.

L. The sculpture installation is to be completed before April 15, 2024 – World Art Day.

3. Contract Pricing
Costs outlined in the contract include all items needed to perform the work including, labor, materials, overhead, profit, travel, and all administrative costs.

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Revised 4.13.23 Page 11 of 15

Item 1H - Page 99
Michael Birnberg - Community - Cost Proposal

DESCRIPTION UOM PRICE TOTAL
Materials LumpSum 8,000
Fabrication LumpSum 8,000
Exterior Finishes LumpSum 5,000
Transportation LumpSum 1,500
Installation LumpSum 3,500
Structural Engineer LumpSum 2,500
Insurance LumpSum 1,500
Artist Fee LumpSum 20,000
TOTAL $50,000
COMPANY: Eastern Lion LLC
NAME OF PERSON AUTHORIZED TO SIGN: lvfichael D Bimbe,·g ADDRESS: 74711 Dillon Rd., Unit 277 CITY/ STATE/ZIP: Dese,t Hot Springs, CA 9224 1 PHONE: 917-792-9027 EMAIL: contactfmmidabi.art
DATE: 7/22/23
SIGNATURE: TITLE: Artist
• Artist will directly ~ naQe the fabrication with outside fabric~tors.

Revised 4.13.23 Page 12 of 15

EXHIBIT B

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure a nd maintain public liability and property damage ins urance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole c ost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full fo rce and effect durin g the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. Certificates of insur ance evidencing the foregoing an d designating the Ci ty, its elected officials, officers, employees, agents , and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. T he procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of I nsurance. The minim um amo unt of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and persona l injury with limits of at least one million dollars ($1,000,000.00) combined singl e limit coverage per occurre nce 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 (err ors and omissions) insurance with limits of at least o ne 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 t he State of California and Employer’s Liability In surance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

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

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Revised 4.13.23 Page 13 of 15

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if C ontractor provides claims ma de p rofessional liability insu rance, Contractor shall also agree in writing ei ther (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 Agreeme nt, or (2) to maintain p rofessional liability insurance coverage with the same carrier in the amount required by this Agreement for at least thre e years after completion of Contractor’s services under this Agreement. Contractor s hall also be required to p rovide 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 p rovided by authorized insure rs in good standing with t he S tate of California. Cover age 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 certific ates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are t o be signed by a person auth orized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right t o require Contractor’s insurers to provide complete, certified copies of all requir ed insurance policies at any time. Additional insur ed endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

C. "Should any of the above described policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Hold er 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 compan y, its agents or representative" is not acceptable and must be crossed out.

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

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Revised 4.13.23 Page 14 of 15

1. 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, eit her (1) the insurer shal l reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, office rs, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

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Revised 4.13.23 Page 15 of 15

EXHIBIT C

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of _________________, from MICHAEL BIRNBERG DBA EASTERN LION LLC (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _______________________ between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and i ts successors and assigns, that certain work created by Seller entitled THE PILLARS OF PALM SPRINGS – C OMMUNITY (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________

Item 1H - Page 103

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

A REQUEST BY STEVE RAWLINGS, ON BEHALF OF PERRY’S PALM SPRINGS,

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

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 CONSENT CALENDAR

SUBJECT: A REQUEST BY STEVE RAWLINGS, ON BEHALF OF PERRY’S PALM

SPRINGS, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A NEW LIQUOR STORE, PERRY’S PALM
SPRINGS, LLC, WITH A TYPE 2 0 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN: 505-302-006), ZONE PD 48, (CASE PCN-2023-0006)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

The applicant has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer and Wine) liquor license for a new liquor store, Perry’s Palm Springs, LLC . The subject property is located within a Census tract which is identified by the ABC as an area of undue concentration of liquor licenses. The applicant is therefore requesting the City Co uncil to make a determination of public convenience or necessity for the sale of spirits, beer, and wine in conjunction with the operation of the store. On September 13, 2023, the Planning Commission granted approval of a Conditional Use Permit (CUP) to permit the new liquor store at 641 North Palm Canyon Drive.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC

CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPR INGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”

BUSINESS PRINCIPAL DISCLOSURE:

The applicant has filed a Public Integrity Disclosure. A copy of the form is included as an attachment to this report.

Item 1I - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
PCN-2023-0006

BACKGROUND:

The subject property is approximately 47,905- square feet in size and is bound by North Palm Canyon to the east and Belardo Road to the west. There are three existing buildings on this site, all of which were previously utilized as a motel. The tenant space for the proposed Perry’s liquor store was previously used as the motel office. These buildings are all two-story structures; however, Perry’s will only be occupying a portion of the first floor of the building. Taka Shin, a Japanese restaurant, is also located on the project site, though this tenant space is attached to the adjacent building at 655 N orth Palm Canyon Drive.

The surrounding properties are fully developed with City streets, curbs, gutters and sidewalks. There is egress and ingress from both streets; however, due to the location of the community pool there is no access through the property . At this time, improvements to the building will be limited to the interior of the building.

STAFF ANALYSIS:

The project site is located within Census tract number 446.06. According to the ABC, one (1) Type 20 liquor license would be allowed in this Census tract area. Currently, there are four (4) Type 20 licensees that exist within this Census tract (Attachment D). Hence, the applicant is requesting a determination of public convenience or necessity from the City Council to allow ABC to issue a fifth liquor license for the sale of beer and wine, which is proposed to take place in conjunction with the operation of the liquor store, notwithstanding the undue concentration in the Census tract.

Census Tract 446.06

The Department of Alcohol and Beverage Control website identifies four (4) Type 20 liquor licenses within this census tract:

1. On The Mark Fine Foods and Provisions, 111 North Palm Canyon Drive.

2. 7 Eleven Store, 2493 North Palm Canyon Drive.

3. PSBS, 383 North Indian Drive.

4. Hyphen, 1007 North Palm Canyon Drive.

Item 1I - Page 2
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628 0.4 square miles
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City Council Staff Report
September 26, 2023 -- Page 3
PCN-2023-0006

The California Department of Alcoholic Beverage Control (ABC) requires a Type 20 (Off- Sale Beer) liquor license for the proposed liquor store, as well as a determination of PCN due to undue concentration of liquor licenses within the Census tract in which the site is located. The ABC identifies the Type 20 liquor license as follows:

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

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

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

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

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

The proposed activity takes place within the City’s uptown area and is surrounded by existing restaurants and retail uses. This is within a high traffic pedestrian area for Palm Springs residents and visitors, and the addition of a Type 2 0 liquor license will add convenience to patrons of this area.

FISCAL IMPACT:

None.

Item 1I - Page 3
City Council Staff Report
September 26, 2023 -- Page 4
PCN-2023-0006

REVIEWED BY:

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

ATTACHMENTS:

A. 500-Foot Vicinity Map
B. Resolution
C. Justification Letter
D. ABC Liquor License Application Form
E. Public Integrity Disclosure Form
F. Census Tract Map No. 445.24
G. Plans
H. Site Photos
I. Public Comments
Item 1I - Page 4

ATTACHMENT A
Item 1I - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
641 N. Palm Canyon Drive

Item 1I - Page 6
- Legend
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ATTACHMENT B
Item 1I - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DETERMINING THAT

PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF A TYPE 2 0 (OFF-SALE

BEER AND WINE ) ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR A NEW LIQUOR STORE LOCATED AT 641

NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT
NO. 446.06.

WHEREAS, Perry’s Palm Springs, LLC has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 2 0 (Off-Sale Beer and Wine) license to sell at 641 North Indian Canyon Drive, Census Tract No. 446.06, Zone PD 48, APN: 505-302-006; and

WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that there are five (5) existing Type 2 0 license within Census Tract No. 446.06, while only one (1) alcohol license would be allowed based on off -sale retail licenses to population in the County in which the applicant’s premise is located; and

WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that is the addition of the requested license would cause an “undue concentration” of alcohol-related licenses in the Census Tract No. 446.06; and

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

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

SECTION 1.

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

SECTION 2.

That the public convenience or necessity would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) alcoholic beverage license for the sale of beer and wine at Perry’s Palm Springs LLC, located at 641 North Palm Canyon Drive, Census Tract No. 446.06.

ADOPTED THIS 26TH DAY OF SEPTEMBER 2023.

SCOTT C. STILES

CITY MANAGER

Item 1I - Page 8
Resolution No. _____

Page 2 ends

Palm Springs City CouncilSeptember 26, 2023

Palm Springs City Council
September 26, 2023