Palm Springs City Council
January 11, 2024

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER

Contract Change Order Number: 1
Date: September 28, 2023
Contractor: Project: (IFB 23-24) Road Repairs Vance Corporation Gene Autry Tr & Indian Canyon Wash 459 Egan Avenue
Beaumont, CA 92223 Agrmt: 23B127
Attn: Kurt Akabori PO: 24 000176

CONTRACT CHANGE ORDER SUMMARY

This Contract Change Order adds road repairs services consisting of mobilization; traffic control; placement of BMP’s; asphalt concrete compaction testing; cold mil 2” of existing asphalt concrete surface; haul and disposal; placement and compaction of 2” asphalt concrete pavement, including tack coat; replacement of striping, markers and legends; and daily clean-up of work site for eastbound lanes on Tahquitz Canyon Way from Civic Drive to El Cielo Road. Contract Change Order No. 1 provides for an increase of $113,690.00, for a total Contract Amount of $370,186.50.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1 Mobilization 1 LS $14,500.00 $14,500.00
2 Traffic Control 1 LS $8,500.00 $8,500.00
3 Water Pollution Control 1 LS $2,000.00 $2,000.00
4 AC Lab Test 1 LS $6,600.00 $6,600.00
5 AC Grind 2” 16,200 SF $1.15 $18,630.00
6 AC Pave 2” 16,200 SF $2.80 $45,360.00
7 Striping 1 LS 8,100.00 8,100.00
8 Field Orders 1 AL $10,000.00 $10,000.00
Total: $113,690.00

REASON FOR CHANGES:

This is a change order in the amount of $ 113,690.00 for the addition of road repairs for eastbound lanes on Tahquitz Canyon Way from Civic Drive to El Cielo Road.

CHANGES TO CONTRACT TIME:

Three working days will be added to the contract time.

Source of Funds:

Sufficient funds will be appropriated from Gas Tax Capital Improvement Projects fund balance into account 1333090-80000.

Summary of Costs:

Original Contract Amount: $256,496.50 Original Contract Time: 101 working days Previous Change Order Amount:

$0.00 Previous Days Added: 0
This Change Order Amount: $113,690.00 Days Added: 3 working days Revised Contract Amount: $370,186.50 Revised Contract Time: 104 working days

DocuSign Envelope ID: DD0E980A-5ADA-4279-B334-620704AD66D6 Item 1F - Page 66
'
-

I I I I I I
-

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Contractor

Derek Ritarita

Robert Erautt

Date

Date
City of Palm Springs

Recommended By:

Lauri Aylaian, Retired Annuitant Date

Approved By:

Scott Stiles, City Manager Date

Attest By:

City Clerk Date
Attachments:

Change Order quote option A, revision 1.

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Purchasing (1)
City Clerk (1) Finance (1)

DocuSign Envelope ID: DD0E980A-5ADA-4279-B334-620704AD66D6 10/13/2023
10/16/2023
10/16/2023
10/16/2023
10/17/2023
Item 1F - Page 67
[
DocuSigned by:
-:,,.:-::.-~-.::-.::-~~;::;-
--~
EBBA400220F4455 ...

PROPOSAL - CONTRACT
Vance Corporation
459 Egan Avenue, Beaumont, California 92223
(909) 355-4333 Fax (909) 355-4339
Contractors License No. 414567-A, C-31

City of Palm Springs October 01, 2023
Mr. Daniel Martinez
459 N. Civic Drive
Palm Springs, CA 922262

Subject: Tahquitz Canyon Way
AC Mill and Pave 2” – 16,200 SF, Option B- Revision 2

Dear Daniel,
Vance Corporation is pleased to offer for your consideration our proposal for subject project. Our proposal includes all Labor, Equipment, Materials and Supervision for the following work. No Plans or Specifications were provided for this project.

ITEM DESCRIPTION Q UANTITY UNIT PRICE TOTAL 1 Mobilization 1 LS $14,500.00 $14,500.00 2 Traffic Control 1 LS $8,500.00 $8,500.00 3 Water Pollution Control 1 LS $2,000.00 $2,000.00 5 AC Lab Test 1 LS $6,600.00 $6,600.00 6 AC Grind 2” 16,200 SF $1.15 $18,630.00 7 AC Pave 2” 16,200 SF $2.80 $45,360.00 8 Striping 1 LS $8,100.00 $8,100.00 9 Field Orders 1 AL $10,000.00 $10,000.00 TOTAL = $113,690.00

INCLUSIONS:

1. Items 1 Includes Single Mobilization of construction for our crews and equipment. Job set up, layout and water for construction.

2. Item 2 includes “Detour Plan” and traffic control during all operations of work.

3. Item 3 includes placement of BMP’s prior to start of work.

4. Item 5 includes Asphalt Concrete Compaction testing.

5. Item 6 includes cold mill 2” of existing asphalt concrete surface, haul and disposal.

6. Item 7 Includes placement and compaction of 2” Asphalt Concrete pavement (1 Lift). Includes tack coat.

7. Item 8 includes replacement of striping, markers and legends to original layout.

8. All Items includes daily cleanup of our work.

EXCLUSIONS:

1. Exclude costs for Engineering, Bonds, Permits, Fees, Inspection and Pot holing.

2. Excludes relocating, lowering/raising and/or repair to all utilities.

3. Excludes Weed Kill, Crack Sealing, Prime Coat, Seal Coat, Fog Seal, Survey & Monuments, Traffic Loops, Signs, etc.

CONDITIONS:

1. All work to be performed Monday thru Fridays during normal working Hours 7am to 4pm.

Weekends, evenings and Holiday work will be considered as extra work.

Vance Corporation
Kurtis Akabori
Kurt Akabori
Estimator/Project Manager
DocuSign Envelope ID: DD0E980A-5ADA-4279-B334-620704AD66D6 Item 1F - Page 68

ATTACHMENT E
Item 1F - Page 69

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
Contract Change Order Number:

Date: December 13, 2023
Contractor: Project: (IFB 23-24) Road Repairs
Vance Corporation Gene Autry Tr & Indian Canyon Wash
459 Egan Avenue
Beaumont, CA 92223 Agrmt: 23B127
Attn: Kurt Akabori PO: 24 000176

CONTRACT CHANGE ORDER SUMMARY
Final
balancing change order assessing project credits.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT PRICE QUANTITY AMOUNT REVISED

QUANTITY

REVISED
AMOUNT
10 GRIND 1” $1.17 / SF 14,700 $17,199 17,640 $20,638.80 17 GRIND 1” $72.00 / SF 60 $4,320 0 $0.00
18 RIPRAP $69.30 / LF 200 $13,860 30 $2,079.00
CCO 1.4 LAB TESTING $6,600 / LS 1 $6,600 0 $0.00
CCO 1.8 FIELD ORDER $10,000 / LS 1 $10,000 .105 $1,050
TOTAL $51,979 $23,767.80
To tal: ($28,211.20)
CHANGES TO CONTRACT TIME:

Zero working days will be added to the contract time.

Source of Funds:

Funds will be unencumbered from Gas Tax Capital Improvements, and Measure A Local Capital Improvements accounts 1333090-80000, and 1343085-80000.

Summary of Costs:

Original Contract Amount: $256,496.50 Original Contract Time: 101 working days Previous Change Order Amount:

$113,690.00 Previous Days Added: 3 working days
This Change Order Amount: ($28,211.20) Days Added: 0 working days Revised Contract Amount: $341,975.30 Revised Contract Time: 104 working days Item 1F - Page 70

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Contractor

Derek Ritarita

Robert Erautt

Date

Date
City of Palm Springs

Recommended By:

David McAbee, Director of Public Works Date

Approved By:

Scott Stiles, City Manager Date

Attest By:

City Clerk Date
Attachments:

Bid Schedule

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Purchasing (1)
City Clerk (1) Finance (1)

Item 1F - Page 71
Item No. Description Quantity Unit Unit Price Bid Price Revised Quantity Revised Bid Price Balancing Change
Order
1 MOBILIZATION 1.00 LS $ 23,500.00 23,500.00$ 1.00 23,500.00$ -$ 2 TRAFFIC CONTROL 1.00 LS $ 42,500.00 42,500.00$ 1.00 42,500.00$ -$ 3 WPCP 1.00 LS $ 4,500.00 4,500.00$ 1.00 4,500.00$ -$ 4 CONPATION TESTING 1.00 LS $ 23,000.00 23,000.00$ 1.00 23,000.00$ -$ 5 AC TESTING 1.00 LS $ 10,400.00 10,400.00$ 1.00 10,400.00$ -$ 6 PULVERIZE 7,350.00 SF $ 0.70 5,145.00$ 7,350.00 5,145.00$ -$ 7 SUBGRADE PREP 7,350.00 SF $ 0.50 3,675.00$ 7,350.00 3,675.00$ -$ 8 PREP 7,350.00 SF $ 1.90 13,965.00$ 7,350.00 13,965.00$ -$ 9 AC PAVE 7,350.00 SF $ 4.45 32,707.50$ 7,350.00 32,707.50$ -$ 10 GRIND 1" 14,700.00 SF $ 1.17 17,199.00$ 17,640.00 20,638.80$ 3,439.80$ 11 RIPRAP 735.00 LF $ 37.60 27,646.00$ 735.00 27,636.00$ (10.00)$ 12 STRIPING 1.00 LS $ 9,000.00 9,000.00$ 1.00 9,000.00$ -$ 13 PULVERIZE 330.00 SF $ 14. 90 4,917.00$ 330.00 4,917.00$ -$ 14 SUBGRADE PREP 330.00 SF $ 11.90 3,927.00$ 330.00 3,927.00$ -$ 15 CMB 6" 330.00 SF $ 10.90 3,597.00$ 330.00 3,597.00$ -$

16 AC PAVE 330.00 LF $ 15.60 5,148.00$ 330.00 5,148.00$ -$ 17 GRIND 1" 60.00 SF $ 72.00 4,320.00$ 0.00 -$ (4,320.00)$ 18 RIPRAP 200.00 LF $ 69.30 13,860.00$ 30.00 2,079.00$ (11,781.00)$ 19 STRIPING 1.00 LS $ 7,500.00 7,500.00$ 1.00 7,500.00$ -$ 256,506.50$ 243,835.30$ (12,671.20)$
Contract Change Order No. 1
Item No. Description Quantity Unit Unit Price Bid Price Revised Quantity Revised Bid Price Balancing Change
Order

1.1 TAHQUITS MOBILIZATION 1.00 LS $ 14,500.00 14,500.00$ 1.00 14,500.00$ -$

1.2 TAHQUITS TRAFFIC CONTROL 1.00 LS $ 8,500.00 8,500.00$ 1.00 8,500.00$ -$

1.3 TAHQUITS WPCP 1.00 LS $ 2,000.00 2,000.00$ 1.00 2,000.00$ -$

1.4 TAHQUITS LAB TESTING 1.00 LS $ 6,600.00 6,600.00$ 0.00 -$ (6,600.00)$

1.5 TAHQUITS 2" AC MILL 16,200.00 SF $ 1.15 18,630.00$ 16,200.00 18,630.00$ -$

1.6 TAHQUITS 2" AC PAVE 16,200.00 SF $ 2.80 45,360.00$ 16,200.00 45,360.00$ -$

1.7 TAHQUITS STRIPING 1.00 LS $ 8,100.00 8,100.00$ 1.00 8,100.00$ -$

1.8 FIELD ORDER-ADDED MARKERS 1.00 LS $ 10,000.00 10,000.00$ 0.105 1,050.00$ (8,950.00)$ 113,690.00$ 98,140.00$ (15,550.00)$ TOTALS 370,196.50$ 341,975.30$ (28,221.20)$ Item 1F - Page 72

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 23P385 WITH

EVALCORP FOR EVALUATION SERVICES FOR ORGANIZED RETAIL

THEFT PREVENTION GRANTS PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

Award a contract services agreement with EVALCORP for evaluation services for organized retail theft prevention grants program.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23P385 ( Attachment A ) with EVALCORP to provide evaluation services for organized retail theft prevention grants program for a three-and-half year term in an amount not to exceed $186,550 beginning January 15, 2024 through July 31, 2027; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on December 12, 2023, EVALCORP is registered in the state of California.

BACKGROUND:

The Budget Act of 2022 (Senate Bill 154) established the Organized Retail Theft (ORT) Prevention Grant Program. Per the state Budget Act, funding for the Organized Retail Theft Grant Program shall be used for competitive grants for city police departments, county sheriffs’ departments, and probation departments. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

Item 1G - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Award Evaluation Services for Organized Retail Theft Prevention Grants Program Contract

The Palm Springs Police Department (PSPD) has identified a critical need to address three specific areas for the grant funding. In 2019, Palm Springs had the sixth‐ highest number of thefts out of 281 comparable California cites. In 2021, retail related thefts rose 55% from the previous year. In 2019, Palm Springs had the fourth‐ highest number of vehicle thefts (331) in the state for cities with populations under 50,000. In 2021, there were 503 vehicle thefts reported in the City. The estimated total dollar loss to vehicle theft in the City over the past four years is more than $12,000,000. PSPD has seen a 573% increase in catalytic converter theft over the past three years.

In July of 2023, PSPD submitted a comprehensive grant proposal to the Board of State Community Corrections (BSCC) for the Organized Retail Theft (ORT) Prevention Grant Program to address the three specific areas of concern and on September 14th, PSPD was awarded the grant. The PSPD plan proposes a comprehensive crime prevention model designed to address theft in retail establishments, theft of vehicles and catalytic converters. The model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety while not focusing solely on the criminal justice system. The PSPD views apprehension as a short ‐term strategy.

Prevention through problem ‐solving and situational crime prevention is a long‐ term approach with a proven track record of sustained reductions in crime. The PSPD seeks to prevent crime through enhanced prevention strategies, enhanced community policing, and collaboration.

Evaluation services are required to measure the effectiveness of program activities through both quantitative and qualitative data collection and interpretation. This project is funded by the State of California, Board of State and Community Corrections (B SCC) – Organized Retail Theft (ORT) Prevention grant program.

The Contractor will provide grant evaluation services for a Board of State and Community Corrections Organized Retail Theft Prevention grant.

STAFF ANALYSIS:

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

Four proposals were received by the deadline of December 12, 2023 as follows:

• EVALCORP, Irvine, CA
• Guidepost Solutions LLC, Los Angeles, CA
• HARC, Inc, Palm Desert, CA
• The Mark USA, Inc., Newport Beach, CA

The evaluation team, made up of City staff from the Police Department, evaluated the proposals received against published criteria that included the firms experience, the staff Item 1G - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Award Evaluation Services for Organized Retail Theft Prevention Grants Program Contract

experience, the understanding of the scope of work, local preference, and price.

EVALCORP was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1B, Quality of Life – Crime Reduction.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the BSCC-ORT prevention grant.

REVIEWED BY:

Department Director: Andrew Mills, Police Chief
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P385
B. Public Integrity Disclosure

Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4

CONTRACT SERVICES AGREEMENT 23P385

EVALUATION SERVICES FOR ORGANIZED RETAIL THEFT PREVENTION

GRANTS PROGRAM

THIS AG REEMENT FOR CONTRACT S ERVICES (“Agreement”) is mad e and ente red into on January 15, 2024, by and between the City of Palm Sp rings, a Califo rnia charter city and m unicipal corporation (“City”), and EVALCORP, a California corporation, (“Contractor”). City an d Contract or are individually ref erred to as “Part y” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of licensed and qualified organizations or individuals to provide the City with evaluation services for an organized retail theft prevention grants program, (“Project”).

B. C ontractor has submitted to City a proposal to provide evaluation services for an organized retail theft prevention grant s program, under t he t erms o f t his Agreement.

C. Based on its e xperience, e ducation, training, and r eputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

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

NO
W, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein , and ot her va luable consi deration, t he receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CO NTRACTOR SERVICES

1.1 Scope of Ser vices. In co mpliance with all terms and c onditions of thi s Agreement, Contractor shall pro vide se rvices to City a s described in the Scope of Services/Work attached to th is Agreement as Exhibit “A” and incorporated herein by reference (the “ Services” or “ Work”). Exhibit "A" includes the a greed upon schedule of performance and the schedule of fe es. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordin arily exercised by hig h quali ty, e xperienced, a nd well qualif ied members of t he profession currently practicing under si milar conditions. In the even t of any inconsistency between the terms contai ned in the Scope of S ervices/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 C ompliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing t he Servi ces. Con tractor shall be lia ble f or all violati ons of such laws and regulations in connection with the Services and this Agreement.

Item 1G - Page 5

1.3 Li censes and Permits. Contractor shall obtain at it s sole cost and expense such licenses, permits, and approvals as may be r equired by law for the performance of the Services required by this Agreement.

1.4 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d h ow the Work should be per formed and fully under stands the facilities, difficulties, and r estrictions atte nding performance of the Work under this Agreement.

2. T IME FOR COMPLETION
The time for comp letion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and with out the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Co ntractor shall be compens ated and reimbursed for the s ervices rendered under this Agreement in accordance wi th t he schedule of fees set forth in E xhibit “A” . The total amount of Compensation shall not exceed $186,550.00.

3.2 Method of Payment. In any month in which Contractor wishes to r eceive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice , no later than the first working day of s uch month, in the form approved by City’s finance director. Pa yments shall be based on the rates set forth in Exhibit “A” for authorized services per formed. City sh all pay Contractor for all expenses st ated in the invoice that are approved by City and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

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

A. T o provide f or revisions or m odifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To p rovide for additional services n ot included in th is Agreement or n ot customarily furnished in accordance with generally a ccepted practice in C ontractor’s profession.

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

4. PERFORMANCE SCHEDULE

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

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

Item 1G - Page 6

4.3 Fo rce Majeure. The time for performance of Services to be rendered under this Agreement may b e extended because of any delays d ue to a F orce Majeu re Event if Contractor notifies the Contract Officer within ten (10) days of the comm encement of the Force Majeure Event. A Forc e Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders o f g overnmental authorities (including, w ithout limitation, u nreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions.

For p urposes of thi s section , “ord ers of gov ernmental au thorities,” incl udes ordinances, emergency pr oclamations and orders, rules to protect t he public health, welf are and safety, and other actions of the City in its capacity as a muni cipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay , and extend the ti me for performing the Services fo r the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shal l be final and conclusive upon the Parties to this Agreement. The C ontractor will not rec eive an adjus tment to the contract price or any other compensatio n. Notwithstanding the f oregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier termin ated in accordance with S ection 4.5 o f this Agreement, this Agreement shall continue in full force and effect for a period of three and a half years , commencing on January 15, 2024 , and ending on July 31, 2027 , unles s extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the per iod o f notice shall be such sho rter ti me as may be determined by t he Cit y. Upon r eceipt of th e no tice of term ination, Contractor shall immediately ce ase a ll Services excep t such as may be s pecifically a pproved by t he Contract Officer. Contractor shall b e entitled to c ompensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for an y costs ot her than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, a nd shall not be entitled to damages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it dee ms n ecessary to c orrect Contractor's d eficiencies and char ge the cost th ereof to Contractor, w ho sh all be liable for the ful l cost of th e City's corr ective action. Contractor m ay not terminate this Agr eement except for cause, upon thir ty (30 ) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative o f Contractor. T he f ollowing principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf wit h respect to th e specified Services: Kristen Donovan, President and Principal Consultant . It is e xpressly underst ood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City t o enter i nto this Agreement. T herefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to pe rsonally supervise the Services under this Agreement .

Item 1G - Page 7

The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Office r. The C ontract Officer shal l b e the City Manager or his /her designee ("Contract Officer"). Contractor shall be responsible fo r keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contr act Officer. U nless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontra cting or Assignment . T he exp erience, knowledge, educat ion, capability, and reputation of Contractor, its principals, and employees, were a substant ial inducement for C ity to enter into this Agreement .

Contractor sh all not contract with any other individual or entity to p erform any S ervices required under this Agreement without the City's express wr itten approval. I n ad dition, neither this Agreement nor any inte rest may be assigned or transferred, vo luntarily or by operation of law , witho ut the prior wr itten approval of C ity. S ubcontracts, if a ny, shall contain a provisions maki ng them subjec t to al l p rovisions sti pulated in thi s Agreement including without limitation the insurance and indemnific ation requirements. If Contractor is permitted to subcontract a ny part of thi s A greement by Cit y, Co ntractor shall be responsible to City for th e acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing conta ined in this A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the m anner, mode, or means by which Contractor , its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations a s are consis tent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of it s agents or employees a re agents or employees o f City. Contractor shall pay all wages, salaries, and o ther amounts due personnel in connection with their performance under this A greement and as required by law .

Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to : social security taxes, income tax with holding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perf orm the services i n this A greement. Contractor shall not alter the assi gnment of t he following personnel without the prior written a pproval of the Cont ract Officer. Acting through t he City M anager, the City s hall have the unrestricted r ight to order the removal of a ny personnel assigned by Contractor by providing written notice to Contractor.

N ame: T itle:

Kristen Donovan, PhD Project Director
Kris Henning, PhD Senior Research Consultant
Stacy Metcalf, PhD Research Associate
Greg Stewart Subject Matter Consultant
Julie Wartell Project Manager
Item 1G - Page 8

Partners: Palm Springs Chamber of Commerce, the Desert Business Association, and the Main Street Palm Springs Downtown and Uptown Business Association

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et s eq. and 1770 et seq., wh ich require the payment of prevailing wa ge rates and the performance of other requirements on certain “public works” and “maintenance” proj ects (“Prevailing Wage Laws”). If the Services are being perf ormed as part of an applicable “public works” or “maint enance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15 ,000 or mor e for ma intenance or $25,000 or mor e for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, of ficers, employees, and agents free and harmless fr om any claims, liabilitie s, costs, penalties, or interest arising out of an y failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provi sions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services a re being performed as pa rt of an applicable “ public w orks” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, ins tallation, or repai r, then pursuant to Labor C ode Sect ions 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices must be registered with the Department of Industrial Relations. C ontractor shall maintain registration for the dur ation of the Project and require the same of a ny subcontractors, as applicable. This Agreement may also be subject to compliance m onitoring and enforcement by the Department of Indus trial Relations. I t shall be Contractor’s sole r esponsibility to c omply with all a pplicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To t he fullest extent permitted b y law, Contractor shall defend (at Contractor’s sole cost a nd expense), indemnify, protect, and hold harmless City, i ts elected of ficials, officers, e mployees, agents, and volunt eers ( collectively the “Indemnified Parties”), from and agai nst any and a ll liabilities, actions, suit s, claims, demands, losses, costs, ju dgments, arbitration awards, settlements, damages , demands, orders, pe nalties, a nd expenses i ncluding legal costs and attor ney fees ( collectively “Claims”), including but not li mited to Cla ims arising from injuries to or death of persons (Contractor’s employees included), for d amage to property, including property owned by City, for any violation of any federal, state, or loca l law o r o rdinance or in a ny manner arising out of, pertai ning to, or in cident to a ny acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause exc ludes Claims arisin g f rom th e so le negligence or willf ul misconduct of the Indemnified Parties. Under no circum stances shall the insurance Item 1G - Page 9

requirements and limits set f orth in th is Agre ement be con strued to limit Contractor’s indemnification obl igation or other liability under t his Agreement. C ontractor’s indemnification obligatio n shall survive the expirat ion or earlier termi nation of t his Agreement until all actions against the Indemnified Parties for s uch matters indem nified are fully and fi nally barred by t he applicable statute of limitations or, if an act ion is time ly filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. I f Contractor’s obl igation to defend, indemnify , and/or hold harmles s ari ses o ut of Contractor’s performance as a “design professional ” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims a rise out of, pert ain to, or relate to the negligenc e, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a fi nal a djudication by a court o f competent juris diction, Contractor’s liability for s uch claim, including the cost to d efend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertainin g in any way to this Agreement.

Contractor shall keep such books and r ecords as s hall be necessary to properly perform the Services required by this Agreement and enable the Cont ract Officer to evaluate the performance of such Services. The Contract Of ficer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 O wnership of D ocuments. All d rawings, spec ifications, r eports, r ecords, documents, and other m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the property of City. Contractor shal l deliver a ll abov e-referenced documents to Ci ty u pon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further e mployment or additional compensation as a re sult o f the exercise by City o f its f ull rights or owner ship of the documents and materials. Co ntractor may retain copies of such documents for Contractor's own u se. Contractor shall have an unrestricted right to use th e c oncepts embodied in such documents.

8.4 Release of D ocuments. All d rawings, specification s, reports, rec ords, documents, and ot her ma terials pre pared by Contractor in the performance of S ervices under this Agreement shall not be released publi cly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall prov ide City, or othe r agents of City, such access to C ontractor’s books, r ecords, pay roll docu ments, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, docum ents, and activities d irectly relat ed to Contrac tor’s performance under this Agreement. Cont ractor shall maintain such books, records, data, and documents in accordance with gene rally a ccepted accounting principle s and shall clearly identify and Item 1G - Page 10

make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. E NFORCEMENT OF AGREEMENT

9.1 California Law. T his Agreement shall be construed and interpr eted both as to validity and to per formance of t he parties in accordance with the laws of t he State of California. Legal action s con cerning any dis pute, claim, or m atter arising out of or in relation to this Agr eement shall b e instituted in t he Superior C ourt of the C ounty of Riverside, St ate of Californ ia, or any other appropriate court in such coun ty, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this A greement ar e contractua l and the r esult of negoti ation between t he Parties. Ac cordingly, any rule of c onstruction of contracts (including, without limit ation, California Civil Code Section 1654) that ambiguities are to be constr ued agai nst the drafting party, shall n ot be employed in the i nterpretation of this Agreement. The caption headings of the various sections and paragraphs of this A greement are for convenience and identification pur poses only and shall not be deeme d to li mit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in t he exercise of any right or remedy of a non - defaulting Party on any default shall impair such right o r re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or a pproval of any s ubsequent act of Contractor. Any wa iver by either Party of any default must be in writing . No such waiver shall be a w aiver of any other default concerning the same or any other provision of this Agreement.

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

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in eq uity, to cure, correct, or r emedy any d efault, to r ecover damages for any defau lt, to c ompel specific performance of this Agreement, t o obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to suc h other relief as may be gr anted, t o recover from the non - prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attor ney fe es, ex pert cont ractor fee s, court c osts a nd all fees , costs, and expenses incurred in a ny appeal or in collection of any judgment enter ed in suc h proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Empl oyees. No officer or employee of C ity shall be pers onally liable to the Contractor, or any successor-in-interest, in the event of Item 1G - Page 11

any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or s hall have any direct or indirect financial interest in t his Agreement, nor shall Contractor enter into any a greement of any kind with any such officer or employee during the t erm of this Agreement and for one (1) year therea fter. Contractor warra nts t hat Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection wit h its performance under this A greement, Contractor shal l n ot discriminate against any employee or appli cant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., p lace of origin, immigration status, cultural or linguist ic characteristics, or ethnici ty), sexual o rientation, gender ident ity, gender ex pression, physical or mental disabi lity, or medical condition (each a “prohibited basis”). Contractor shall e nsure that applicants are em ployed, and tha t employees are treated during their employment, with out regard to any prohibited basis. A s a conditi on precedent to City’s lawful capacity to ente r th is Agree ment, and i n executing this A greement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to t he follo wing: emplo yment, upgrading , demotion o r tr ansfer; rec ruitment o r recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contr actor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code S ection 7.09. 040, including without li mitation the pr ovision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
A ttention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: EVALCORP
Attention: Kristen Donovan
15615 Alton Parkway, Suite 450
Irvine, CA 92618

11.2 I ntegrated Agreement. This Agreement constitutes the entire under standing between the Parties and s upersedes and cancels all p rior negotiations, a rrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

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

Item 1G - Page 12

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

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

11.6 Third Part y Beneficiary. Except as may be expr essly provi ded fo r in this Agreement, no thing contained in this Agreement is i ntended to confer, nor shal l this Agreement be construed as c onferring, any rights, including, without lim itation, any r ights as a third-party beneficiary or othe rwise, upon any entity or p erson not a party to thi s Agreement.

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

11.8 Authority. The person s executing this Agreement on behalf of the P arties warrant that t hey are duly authori zed to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Ag reement may be signed in counterpa rts, each of whi ch shall constitute an original.

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

[SIGNATURES ON NEXT PAGE]
Item 1G - Page 13

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND EVALCORP

IN WITNESS WHEREOF, th e Parties h ave executed this Agreement as of the da tes stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________ Item No. _____________

APPROVED AS TO FORM: A TTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1G - Page 14

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1G - Page 15

1.1 Background:

A. The Budget Act of 2022 (Senate Bill 154) established the Organized Retail Theft (ORT) Prevention Gra nt Pro gram. Per the state Budget Act, funding for t he Organized Retail Theft Grant Program shall be used for competitive grants for city police departments, county sheriffs’ departments, and probation departments. Gr ant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

B. The Palm Springs Police Department ( PSPD) has identified a critical need to address three specific areas for the grant funding. In 2019, Palm Springs had the sixth‐highest number of thefts out of 281 comparable California cites. In 2021, retail related thefts rose 55% from the previous year. In 2019, Palm Springs had the fourth‐ highest number of vehicle thefts (331) in the state for cities with populations under 50,000. In 2021, there were 503 vehicle thefts repor ted in the City. The estimated total dollar loss to vehicle theft in the City over the past four years is more than $12,000,000. PSPD has seen a 573% increase in catalytic converter theft over the past three years.

C. In July of 2023, PSPD submitted a comprehensive grant proposal to the B oard of State Community Corrections (BSCC) for the O rganized Retail Theft (ORT) Prevention Grant Program to address the three specific areas of concern and on September 14th, PSPD was awarded the grant. The PSPD plan proposes a comprehensive crime prevention model designed to address thef t in retail establishments, theft of vehicles and cat alytic converters. The model incorporates a range of activities, services, and interventions aimed at reducing crime and enhancing community safety while not focusing solely on the criminal justice syste m.

The PSPD views apprehension as a short‐ term strate gy. Prevention through problem‐solving and situational crime prevention is a long ‐term approach with a proven track record of sustained reductions in crime. The PSPD seeks to prevent crime through enhanced prevention strategies, enhanced community policing , and collaboration.

D. Evaluation services are required to measure the effectiveness of program activities through both quantitative and qualitative data collection and interpretation. This project is funded by the State of California, Board of State and Community Corrections (BSCC) – Organized Retail Theft (ORT) Prevention grant program.

E. The Contractor will provide grant evaluation services for a Board of State and Community Corrections Organized Retail Theft Prevention grant.

1.2 Scope:

A. Develop and implement a PSPD and BSCC‐ORT approved, overall Local Evaluation Plan by March 1, 2024. The Local Evaluation Plan will be based on program goals and objectives as defined by PSPD staff and project partners. The Local Evaluation Plan will include the ev aluation design or model that will be used to evaluate the effectiveness of the proposed program in relationship to each of its goals and objectives identified in the grant proposal. A relationship between the goals and objectives identified in the proposal should be apparent in the Local Evaluation Plan.

The Local Evaluation Plan must be in a format prescribed by the BSCC.

Item 1G - Page 16

B. Develop quantitative and qualitative data collection tools and methods to evaluate the effectiveness and impact of the BSCC ‐ORT grant program. Data collection methods may include but are not limited to:

1. monthly collection of crime data from the Palm Springs Police Department;

2. tracking of project staff's process data and success stories using forms and templates developed by the evaluator;

3. program participant of pre‐ and post ‐project evaluation forms developed by the evaluator.

C. Train program staff and partners on data collection methods.

D. Conduct a needs assessment.

E. Clean and provide processed data for use in quarterly progress reports and presentations.

F. Work with Statewide project evaluator to collect and provide local data as needed.

Fully cooperate and share information.

G. Following project completion, the evaluator will be required to complete a Local Evaluation Report. The Local Evaluation Report must be in a format prescribed by the BSCC. The purpose of the Local Evaluation Report is to determine whether the overall project was effective in meeting the goals laid out in the Local Evaluation Plan. The Local Evaluation Report is due no later than June 1, 2027.

H. The Contractor may be required to attend meetings or staff trainings virtually or in various physical locations in Palm Springs. Locations will be determined by PSPD staff.

I. Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.

J. Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller ’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant‐funded project.

1.3 Schedule:

The project period for the Palm Springs Police Department BSCC ‐ORT prevention grant program will be from October 1, 2023, ‐ December 31 , 2026. However, an additional six months (February 1, 2027, to July 31, 2027) will be included in the term of the grant agreement for the sole purpose of finalizing and submitting a required Local Evaluation Report and finalizing and submitting a required financial audit.

Item 1G - Page 17

1.4 Compensation:

Work will be compensated on a lumpsum basis upon completion of each deliverable as follows:
• 25% upon approval by the BSCC of the Local Evaluation Plan • 25% upon completion of year one, 1/1/2025
• 25% upon completion of year two, 1/1/2026
• 25% upon completion of the approved final evaluation report Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1G - Page 18

Item 1G - Page 19
ATTACHMENT "G" - REVISED PER ADDENDUM NO. 1

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 49-23)

EVALUATION SERVICES FOR ORGANIZED RETAIL THEFT PREVENTION PROGRAM ITEM
1 THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal")

DESCRIPTION UNIT OF RATE TOTAL MEASURE
Evaluation Services for $186,550.00 Organized Retail Theft Program Lump Sum per scope
TOTAL $186,550.00
Firm Name: EVALCORP
~ Signature of Authorized Person: ______________ _
Printed Name: Kristen Donovan
Title: President anel Principal Consultant
Date: 12/11/2023

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1G - Page 20

INSURANCE

1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain public liability an d pr operty damage insurance against al l cla ims for i njuries against p ersons or damages to property resulting fr om Contractor’s performance under this Agreement. Contractor shall procure and m aintain all insu rance 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. Su ch insurance shall be ke pt in full force and effect during the term of this Agr eement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing t he foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. M inimum S cope of I nsurance. The minimum amount of insu rance required under this Agreement shall be as follows:

1. Comprehensive gener al liability and person al i njury wit h limits of at least o ne million dolla rs ( $1,000,000.00) comb ined single limit coverage pe r oc currence and t wo 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. Wor kers’ Compensation insurance in the st atutory amount as r equired by t he State of Cal ifornia and Em ployer’s Liability Insurance with limits of at least one mil lion dollars $1 million per occurrence . If Contractor has no empl oyees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claim s related to this Agreement, Contractor’s insurance coverage shall be primary with res pect to the City an d it s respecti ve el ected officials, officers, empl oyees, agents, and v olunteers. Any ins urance or self -insurance maintained by Ci ty a nd its respecti ve e lected officials, officers, e mployees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. E rrors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Con tractor provides claims made prof essional liability insurance, Cont ractor sh all also agree in writ ing either (1) to purchase tail insura nce in the amount r equired by th is Agreement to cov er claims made wit hin three years of t he compl etion of Co ntractor’s Item 1G - Page 21

services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carr ier in the amount r equired by this Agreement for at least th ree years after completion of Contractor ’s services under thi s Agreement. Contractor shall also be required to prov ide ev idence to Cit y of the purchase of the required tail in surance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall b e 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 certif icates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behal f. All proof of insurance is to be r eceived an d approved by the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies of all r equired insurance poli cies at any ti me. A dditional ins ured endorsements a re no t required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General an d/or Auto Li ability Endorsement Form f or the C ity of Palm S prings or (2) an acc eptable Certificate of L iability Insurance Cov erage w ith an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

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

C. " Should any of the above desc ribed policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liabil ity o f a ny kind upon the company, it s agents or representative" is not acceptable and must be crossed out.

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

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

Item 1G - Page 22

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

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

8. Severability of I nterests (Separation o f Insured s). This i nsurance applies separately to each insured agains t whom cla im is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1G - Page 23

EXHIBIT “C”

Item 1G - Page 24
ATTACHMENT " F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 49-23)

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

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

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

Printed Name:. __ K_ris_t_e_n_D_o_n_o_v_a_n _____ _
Title: President and Principal Consulta nt
Firm Name: EVALCO RP
Date: 12/11/2023

ATTACHMENT B

Item 1G - Page 25

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

If ot her t
han California, is the Entity also registered in California?  Yes  No

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

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  Genera l Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other ___ _______________________

EVALCORP
15615 Alton Parkway, Suite 450, Irvine, CA 92618
California
Kristen Donovan
24 Item 1G - Page 26

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

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

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Kristen Donovan
100%, EVALCORP
12/11/2023
25 Item 1G - Page 27

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVE AGREEMENT NO. 23C393 WITH MIRACLE RECREATION

EQUIPMENT COMPANY FOR THE REPLACEMENT OF RUBBER

SURFACING AT SUNRISE PARK PLAYGROUNDS

FROM: Scott C. Stiles, City Manager

BY: Yvonne Wise, Director of Parks & Recreation
David McAbee, Director of Public Works

SUMMARY:

This action will approve Construction Contract 23C393 with Miracle Recreation Equipment Company in the amount of $ 160,155.60, for the replacement of rubber surfacing at Sunrise Park playgrounds.

RECOMMENDATION:

1. Approve Construction Contract 23C393 with Miracle Recreation Equipment Company for the replacement of rubber surfacing at Sunrise Park Playgrounds, in an amount not to exceed $160,155.60.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B), Miracle Recreation Equipment Company is a corporation registered in the State of Iowa.

BACKGROUND:

The installation of the existing playground equipment and surrounding rubber surfacing was completed in January of 2016. The typical life expectancy for playground equipment is estimated at 15 years, although the rubber surfacing can vary from 5 to 10 years based on the number and frequency of park goers . Staff has identified the rubber surfacing at Sunrise Park as having reached the end of its useful life, requiring replacement. Public Works staff has worked with Parks & Recreation staff on the layout and determined expanding the existing footprint for the 2-5 years of age playground to encompass the Item 1H - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
Approve Construction Contract with Miracle Recreation Equipment Company

entire footprint of the playground equipment will best serve the community and provide for an enhanced experience. The expanded footprint was then reviewed by the Park Enhancement Ad-Hoc of the Parks & Recreation Commission.

Existing Conditions | Sunrise Park Playground (2-5 years of age)

Existing Conditions (continued on next page)
Item 1H - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
Approve Construction Contract with Miracle Recreation Equipment Company

STAFF ANALYSIS:

In accordance with City of Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” the Public Works Department propos es to enter into a Construction Contract for the replacement of rubber surfacing at Sunrise Park playgrounds, under Sourcewell Cooperative Contract 010521-LTS.

Cooperative purchases are allowed by Title 7 of the City’s Municipal Code Section

7.09.010. Staff has reviewed the cooperative contract pricing and finds that Miracle Recreation Equipment Company is offering the City of Palm Springs competitive prices and recommend the approval of the Construction Contract 23C393 in the amount of $160,155.60.

The new rubber surfacing will enhance park aesthetics and safety. The new surfacing is compliant with ADA (Americans with Disabilities Act) and ASTM/CPSC (American Society for Testing and Materials/Consumer Product Safety Commission), as well as IPEMA (International Play Equipment Manufacturers Association) Certified to ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.

Item 1H - Page 3
City Council Staff Report
January 11, 2024 -- Page 4
Approve Construction Contract with Miracle Recreation Equipment Company

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 (b), Staff has determined that replacement of rubber surfacing at Sunrise Park playgrounds are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT
:

Sufficient funds are budgeted and available in the current Fiscal Year 2023- 24, deferred maintenance account 5206570-50119.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Daniel Martinez Director of Public Works: David McAbee
Director of Parks & Recreation: Yvonne Wise
Director of Procurement and Contracting: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Construction Contract 23C393
B. Public Integrity Disclosure Form

Item 1H - Page 4

ATTACHMENT A

Item 1H - Page 5
55575.18165\33505817.1

Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT

CITY OF PALM SPRINGS
CONSTRUTION CONTRACT NO. 23C393

REPLACEMENT OF RUBBER SURFACING AT SUNRISE PARK PLAYGROUNDS

1. PARTIES AND DATE.

This Contract is made and entered into this day of , 2024 by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Miracle Recreation Equipment Company , a n Iowa corporation (“ Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “ Parties” in this Contract.

2. RE CITALS.

2.1 Cit y . City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Procurement. T his contract is made and entered into in reference to the competitively solicited Sourcewell Contract #010521-LTS (“Cooperative Agreement”)

2.3 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing removal and replacement of rubber surfacing surrounding the playground equipment at Sunrise Park related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City . The following license classifications are required for this Project: Class B.

2.4 Project. City desires to engage Contractor to render such services for the Replacement of Rubber Surfacing at Sunrise Park Playgrounds (“Project”) as set forth in this Contract.

2.5 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, payment and performance bonds, and insurance documents as required by the Contract.

3. T ERMS

3.1 Compensation and Payment.

3.1.1 A mount of Compensation . As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred Sixty Thousand One Hundred Fifteen Dollars and Sixty cent s ($160,115.60) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Pay ment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more Item 1H - Page 6
55575.18165\33505817.1

Revised 10.5.21 2 SHORT FORM CONSTRUCTION CONTRACT

than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 P rompt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Cont
ract Retentions . If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Ot
her Retentions . In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City , incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Sub
stitutions for Contract Retentions . Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under Item 1H - Page 7
55575.18165\33505817.1

Revised 10.5.21 3 SHORT FORM CONSTRUCTION CONTRACT

this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 P ayment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Tit
le to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor
and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 I
ncorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Schedule of Compensation (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Change Orders executed by the City

To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 S
cope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometim es referred to as the “ Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as Item 1H - Page 8
55575.18165\33505817.1

Revised 10.5.21 4 SHORT FORM CONSTRUCTION CONTRACT

well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special C onditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.3.2 C hange in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion i s approved in advance and in writing by a valid change order executed by the City.

3.3.3 Chan
ge Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Chan
ges Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Chan
ges Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 S
ubstitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of Item 1H - Page 9
55575.18165\33505817.1

Revised 10.5.21 5 SHORT FORM CONSTRUCTION CONTRACT

manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “ or equal ” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within sixty (60) calendar days, beginning the effective date of the Notice to Proceed ( “Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract not to exceed the Total Contract Price.

Item 1H - Page 10
55575.18165\33505817.1

Revised 10.5.21 6 SHORT FORM CONSTRUCTION CONTRACT

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non- compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor ’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City , shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City . Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligat ions respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory Item 1H - Page 11
55575.18165\33505817.1

Revised 10.5.21 7 SHORT FORM CONSTRUCTION CONTRACT

performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 P revailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “ public works ” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair , Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Appr
enticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hour
s of Work . Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one- half (1-1/2) times the basic rate for that worker.

3.9.4 Pay
roll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is Item 1H - Page 12
55575.18165\33505817.1

Revised 10.5.21 8 SHORT FORM CONSTRUCTION CONTRACT

found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 C
ontractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor
Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 P
erformance of Work; Jobsite Obligations.

3.10.1 W ater Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Com
pliance with the Statewide Construction General Permit .

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Item 1H - Page 13
55575.18165\33505817.1

Revised 10.5.21 9 SHORT FORM CONSTRUCTION CONTRACT

Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor ’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.10.1.3 O
ther Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City , or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cos t of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liabi
lity for Non- Compliance. Failure to comply with laws,
regulations, standards, ordinances, and permits listed in Sections 3. 10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Res ervation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney ’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Tr
aining. In addition to the standard of performance
requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and pol icies described in paragraph 3.10. 1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and pol icies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

Item 1H - Page 14
55575.18165\33505817.1

Revised 10.5.21 10 SHORT FORM CONSTRUCTION CONTRACT

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws
and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City , Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Per
mits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Tr
enching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground dur ing the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

Item 1H - Page 15
55575.18165\33505817.1

Revised 10.5.21 11 SHORT FORM CONSTRUCTION CONTRACT

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City ; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but sh all retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Under
ground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “ portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 St ate Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Ins
pection Of Site . Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its a ccessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Fi eld Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

Item 1H - Page 16
55575.18165\33505817.1

Revised 10.5.21 12 SHORT FORM CONSTRUCTION CONTRACT

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City , the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City , City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 I ntent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claim
s. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filin
g Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Su
pporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 S ummary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:

Item 1H - Page 17
55575.18165\33505817.1

Revised 10.5.21 13 SHORT FORM CONSTRUCTION CONTRACT

(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost , including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the C laim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the C laim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If Cit y needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the C laim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 M
eet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Medi
ation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall Item 1H - Page 18
55575.18165\33505817.1

Revised 10.5.21 14 SHORT FORM CONSTRUCTION CONTRACT

provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each P arty shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the P arties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 P
rocedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil A
ctions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 W ithin 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.

The mediation process shall provide for the selection within 15 D ays by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Item 1H - Page 19
55575.18165\33505817.1

Revised 10.5.21 15 SHORT FORM CONSTRUCTION CONTRACT

Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 G overnment Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contrac tor may not file any action against the City.

3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated C laims that arise after the Government Code claim is submitted.

3.12.11 No
n-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the C laim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 L oss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this C ontract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

Item 1H - Page 20
55575.18165\33505817.1

Revised 10.5.21 16 SHORT FORM CONSTRUCTION CONTRACT

3.14 Indemnification.

3.14.1 S cope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Addi
tional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 I
nsurance.

3.15.1 T ime for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Mi nimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Work hereunder by Contractor, its agents, repr esentatives, or employees. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.3 Mi
nimum Scope of Insurance. Coverage shall be at least as broad as these versions of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01 12 07 ) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for Item 1H - Page 21
55575.18165\33505817.1

Revised 10.5.21 17 SHORT FORM CONSTRUCTION CONTRACT

operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01 10 13, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this insurance section.

3.15.3.1 M inimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate (limits may be met through use of an Umbrella Liability policy) for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 each accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer ’s Liability limits of $1,000,000 each accident, Bodily injury by accident; $1,000,000 each employee – Bodily injury by disease; $1,000,000 policy limit – Bodily injury by disease. The General Liability and Automobile Liability defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be included as additional insureds pursuant to this Contract.

3.15.3.2 Not
ices; Cancellation or Reduction of Coverage . At least ten (10) days after the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of writt en notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.15.4 Ins
urance Endorsements . The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.4.1 Gen
eral Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 04 13, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permi t Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person included as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials , employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.4.2 Au
tomobile Liability . (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, of any auto owned, leased, hired or borrowed by Item 1H - Page 22
55575.18165\33505817.1

Revised 10.5.21 18 SHORT FORM CONSTRUCTION CONTRACT

Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided t o any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials , employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.4.3 W
orkers’ Compensation and Employer ’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.4.4 Al l Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be canceled except after thirty (30) days prior written notice has been given to the City.

3.15.5 Omi
tted

3.15.6 Separation of Insureds; No Special Limitations . All General Liability and Automobile Liability insurance required by this Section shall contain standard separation of insureds provisions.

3.15.7 Pr ofessional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per claim.

3.15.8 Dedu
ctibles and Self -Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related inves tigation costs, claims and administrative and defense expenses.

3.15.9 Ac ceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.10 Ver ification of Coverage. Contractor shall furnish City with certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City . The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City . All certificates and endorsements must be received and approved by the City before work commences.

Item 1H - Page 23
55575.18165\33505817.1

Revised 10.5.21 19 SHORT FORM CONSTRUCTION CONTRACT

3.15.11 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.12 Repor
ting of Claims. Contractor shall report to the City , in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 B ond Requirements.

3.16.1 P ayment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Per formance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bon d Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City . In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the C ontract for cause.

3.16.4 Sur
ety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 W arranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever Item 1H - Page 24
55575.18165\33505817.1

Revised 10.5.21 20 SHORT FORM CONSTRUCTION CONTRACT

is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by s uch work or the replacement or correction thereof at Contractor ’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.18 Employee/Labor Certifications.

3.18.1 C
ontractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contrac t as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equ
al Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.18.3 Ver
ification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Te
rmination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for Item 1H - Page 25
55575.18165\33505817.1

Revised 10.5.21 21 SHORT FORM CONSTRUCTION CONTRACT

all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 City Officers and Employees: Non-Discrimination.

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

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

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

3.21 G
eneral Provisions.

3.21.1 Cit y’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

Item 1H - Page 26
55575.18165\33505817.1

Revised 10.5.21 22 SHORT FORM CONSTRUCTION CONTRACT

3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“ ′Contractor’s Representative” ). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor ’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arra ngements for responsible supervision, acceptable to the City , shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.21.3 Cont
ract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.21.4 An
ti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.21.5 Not
ices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

MIRACLE RECREATION EQUIPMENT COMPANY
878 HIGHWAY 60
MONETT, MO 65708
ATTN: KEVIN WALKER
CITY:

CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
ATTN: CITY MANAGER & CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of Item 1H - Page 27
55575.18165\33505817.1

Revised 10.5.21 23 SHORT FORM CONSTRUCTION CONTRACT

service.

3.21.6 T ime of Essence. Time is of the essence in the performance of this Contract.

3.21.7 As signment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.21.8 No T hird Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.21.9 Laws ; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.21.10 At
torneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract , the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.21.11 Coun
terparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.21.12 S u ccessors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.21.13 So
licitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.21.14 Cer
tification of License.

3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors ’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions Item 1H - Page 28
55575.18165\33505817.1

Revised 10.5.21 24 SHORT FORM CONSTRUCTION CONTRACT

concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.21.15 A uthority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.21.16 En tire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.21.17 Non-W
aiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.21.18 City ’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.22 C ompliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]
Item 1H - Page 29
55575.18165\33505817.1

Revised 10.5.21 25 SHORT FORM CONSTRUCTION CONTRACT

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND MIRACLE RECREATION EQUIPMENT COMPANY

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 30
55575.18165\33505817.1

Revised 10.5.21 Exhibit A - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “A”

SERVICES / SCHEDULE
Scope of work shall include the demolition and disposal of the existing rubber surfacing at the 2-5-year-old and 5-12-year-old playground equipment; and the installation of pour in place rubber surfacing of approximately 3,535 sq ft at the 5- 12-year-old playground equipment, and 2,747 sq ft at the 2 -5-year-old playground equipment as identified in Exhibit B, in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract #010521-LTS.

Item 1H - Page 31
55575.18165\33505817.1

Revised 10.5.21 Exhibit B - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “B”

SCHEDULE OF COMPENSATION

Item 1H - Page 32
"'M irac le. Miracle Recreat ion Equipment Prices and labor Rates Sourcewell Contract #010521 Equipment Pricing & labor Rates

KI B ORIGIN (FREIGHT NOT INCLUDED)
b rlyChildhood . Site
Amentie::. & Sh -:id t
I All 50 Su : ,::. & C:an -:icb I
All 50 Su,: e::. & C:aniC!-:i
S0--$999
li=t Plu::.

Fredd rt
li=t Plu::.

Fre' ht
Repl acement P:arc &
H:ardw:are All 50 Su,: e::. & C:aniC!-:i Li::.t Le::.::. 2% Cu:::om Equipment:
lc\-el 1 Cu:::om::
lc\-el 2 Cu:::om::
lc\-el 3 Cu:::om::
le\-el 4 Cu:::om::

Le,-el 5 Cu:::om:

Priced not t o CllCt«I 510,000
Priced from $10,001 • 525,000
Priced from 525,001 • $50,000
Priced ffom $50,000 1 • 5100,000
Priced ffom $100,001 • $2 50,000
$1.~ $4.99':9
I Li::.t Le::.::. 3% I
Li::.t Le::.::. 3%
Li=t 1.(,.::.-:: 2~
Order Amo.int
SS,000-- S15,0Cll> S2S,OO>
514.999 524,999 $49,999
Li::.t Le::.::. 8% I Li::.t Le::.::. 13% I li:t L11:-::::. 17~ I Li::.t Le::.::. 7% li:t Le-::::. 7% li:t Le-::::. 10~
li:t 1.(,.::.-:: 2~ Li::.t Lu .::.2~ Li~ Le::.::. 2%
550,000-- $100,000 &
599.999 :above
li:t l e::.2 0'°.t I li:t lc-::d 3~
li:t l e::. 15% li:t le-::::. 20".&
li:t l e::. 2°" li:t le-::::. 2%
Priced from 300,t • 65~ of Eqi.,ip~nt l i::.t Price. Pricin,; c ;n v;.ry ye;;tty by =u tt{prov inu : and aero=-:: tht v; rio-ii= rc.;iotll: oi the co,,intry 0e·.;;;&·R;; ;i;;-­
N:ti~, E&!Pffltnt ...

Sit e Prepar-:itnon
Priced ffom $2500 • $6000 per c!iy. Pricing o n va ry ,r,atly by :t:a: e,/proi,,inu ; nd :aero::= th,,: v;criou:: rtgiion= of th.c country Priced ffom $2500 • $6000 per cby. Pricing o n va ry ,reatly by :t:a: e,/Pf'O",'intt ; nd :aero::= th,,: v;criou:: rtgiion= of th.c country Pl; nnir-" & Ot -::ip, Servi«-:: Priced ffom SO• $2500 peer day. Pricin, c; n v; ry ~ ;:ly by .:t;;tt / provinct :;end xro=-:: tht variou-:: rc, iotll: of the country E:i;.;;;;;;w~~-dfii;'cr Priced ffom $3S • SSS ~r cubic y; rd. Pricir-,; c ;n v;.ry gt:at!Jy by =u tef prov inct and aero=-:: tht v; rio-ii-:: rc.;iotll: oi the country ~.!~' ------+---------------------------------------------1 Poured in Pl;ct R1-"bbtcr Priced not to u cetd $20 per :ql.!art foot. Sec :~r.i tc price ~ td ult Svrf;;cins_______________ ·-···-··-···-··-··-···-··-···-··-··-···-··-···-··--·-···-··-···-··-···-··-··-···-··-···-··-··-···-··-···-··-··-···-··-···-·· Pl:ayg ound Turf Priced not to u cetd $22 per :ql.!art foot ··-···-··-···-··-··· ·-···-··-···-··-··-···-··-···-··-··-···-··-···-··--·-···-··-···-··-···-··-··-···-··-···-··-··-···-··-···-··-··-···-··-···-·· Rubber R t Surhcir-,; Priced not t o u cetd $2~ per :ql.!art foot Community Build Layo.,~ Priced ffom $7SO • SJOOO per m an d:;y p!u:: m atc.ri; l: & cqwipmtnt. Pricing c;n v; ry ;rt:a:ly by :t;;tt / provincc ;end xro¼ the variou-:: rc, iotll: of & Su pervi: ion •••••••••• tht coun-:ry ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• M; ien:t nancc & Rtp; ir: Priced ffom $60 • S75 ~r m a n hoiir p1u: m ;;tcri; I: & e quiptTte nt. Pricing o n va ry ,rcatly by :t:a: e,/proi,,inu ; nd :aero::-:: th,,: v;criou:: rtgiion-:: of tht coun-:ry
··-···-··-···-··-··· ·-···-··-···-··-··-···-··-···-··-··-···-··-···-··--·-···-··-···-··-···-··-··-···-··-···-··-··-···-··-···-··-··-···-··-···-·· 8ondiene Noi to occc d S':. of billed icll'IOun t Not~:
1J AH eq uipme nt to be ien:t; Dtd in ;ccord ;ncc wi~h -::pccific ;~iion-:: by PJayPo-r faa o~ t rtifie d prok¼ional ien:t; !!t~ 21 E& i.P<Ttent ::hall be in:t:;':!td within four !41 week-:: of prgduct dtS-..i;.rv; un'it-::-:: r!Ci!'e:ttdby :;~enqu, bt Gtl:;y,:d ••••••••••••••••••••••••••••••••••••••••••••••••• 3) Ou:tomc.r ::hall ru t ~ , un!o;;d :;end in-::p«t good-:: upon a rriv; I, notirlg any cfi::crtp ;;nc ie-:: on the Defo,e.ry Rc« ipt prior t o wri~t cn ;;cce.pu ncc of the =hipmeen~ uni~-:: 0th.er :;crr-;11gcmt nU h ;;,,,-c been m iOe
41 Ou:tomc.r ::hall be rt -::por,-::ib!c for pr-o,Yidieng a cltar, ltvtl -::itc a nd f or coord icn;tir-" thac xh.td ulir-,; of ; !I dt livc.rit -:: ;end in-::-t;Hation SJ Site -::hoi.dd permit itll:ta ll; tion e quipment ;;cce :-::. Purch; -::er :h; IJ be r c-::pon:i'blc for u !Wlown condition-:: =uch a: b>.1ricd 1."tilitie -::, tree -::=:ump-::, bedro ck or arvr conctale d m atecri; I: or condit iotll: th ;;; t m; y rc-::u!t in iOdition ;I c~ 6J Equipment in:u ll:;tion prior-,; c;,,:cludt -:: ; II :itc work :;end l:;endxapir-" ; removal of t :id=tin, e quipm.,:nt; :tor;;,;c of good-:: prior to ien-::-t;Hatiot\: :;end dr"Ul; ; c prO'lt'i:ion-::. ~ • loc;1 rt pre::ent; tiwc for an e:tim itc for =•~e ::enrice-::
71 Buildinc Permi~-::. if rcouirtd, :hd be ch; r~td ;;t th,,: orovic!er'-:: co:t Pleyf)owe.r f quipmcn t Volume Rcbetes:

Pl; Po.,..,,:r offcn the follo~en ai-::-tomc.r vo!umnc rcb :at c b; -::cd on the c:alcend; r ciir.

S S00,000 to $999,999 1?. Re bate
S J,000,000 to $1~99.9S 2"-' Re bate
$ 1,500,000 ; nd ; bovt 3% Re bate
55575.18165\33505817.1

Revised 10.5.21 Exhibit B - 2 SHORT FORM CONSTRUCTION CONTRACT

Item 1H - Page 33
Payment Address
Miracle Miracle Recreation Equipment Company
PO Box 734154
Customer
Name
Phone
Email
Sales Rep
Email
I Paymen t Terms
Project Name
Dallas TX 753734 154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle4'ecreation.com
I City of Palm Springs
Tabttha Richards
I (760) 323-8202
[email protected]
Chartotte Smith
[email protected]
Net 30
Sunrise Park - City of Palm Springs - Rubller Surtacing Item# & Description
Sit e Preparation

MOBILIZE EQUIPMENT AND MATERIALS
1 DAY DURATION
Demo lition
DEMO AND DISPOSE OF EXISTING 3,535 SOFT. 3 DAY

DURATION
Rubber Surfacing

PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING. 50/50 BLACK AND STANDARD COLOR

WITH AROMATIC BINDER EXCLUDES DESIGNS
AND GRAPHICS. APPROXIMATELY 3,535 SOFT. FOR
AN AVG. CFH OF 8'
Estimate Number MREC542 0
Estimate Date 12-14-2023
Expiration Date 01-14-2024
Quantity Total
·1 $4,025.00
·1 $16,272.50
1 $68,092.65
55575.18165\33505817.1

Revised 10.5.21 Exhibit B - 3 SHORT FORM CONSTRUCTION CONTRACT

Item 1H - Page 34
Demolition

DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING. APPROXIMATELY 1,390 SQFT. 2

DAY DURATION
Demolition

DEMO AND DISPOSE OF EXISTING SAND
APPROXIMATELY 1.357 SQFT. 1 DAY DURATION
Site Preparation

PROVIDE, GRADE AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 1,357 SQFT. 1 DAY

DURATION
Site Preparation

CONSTRUCT CONCRETE LEDGE CURB ALONG
PERIMETER BORDER. {PIP FASTNER) APPROXIMATELY
74' LINEAR FEET. 1 DAY DURATION
Rubber Surfacing

PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING. 50/50 BLACK AND STANDARD COLOR
WITH AROMATIC BINDER. EXCLUDES DESIGNS
AND GRAPHICS. APPROXIMATELY 2747 SQFT. FOR
AN AVG. CFH OF 8'
Bond Fee
I Grand Total 1$1l'i0,'115 60
1 1
1 1
1 1
Sales Tax
Product Total
$6,325.00
$4,681 .65
$3,900.00
$765.00
$52,91 3.80
$3,140.00
$160,115.60
$0.00
$160,115.60
55575.18165\33505817.1

Revised 10.5.21 Exhibit B - 4 SHORT FORM CONSTRUCTION CONTRACT

Item 1H - Page 35
NOTES AND EXCLUSIONS:

This estimate shall not become binding until signed and returned for approval.

A signature indicates acceptance of all terms, conditions, and prices listed.

A signed quote will not substitute for a Purcllase Order if one is required by tile Customer. M.a.Gmtrcbase ordem 01rt to Miracle Recreation.

Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Pennits, outside of the quoted above.

Footing calculations for playground equipment can be added for an additional fee if required All signed quotes and/or purchase orders should be emailed t o sales@m iracleplayg round.com or faxed to 877-215- 3869, Hard copies can be mailed to Miracle Playg round Sales 1101 California Ave Suite 209 Corona1 CA 92881 THIS QUOTE IS LIMITED TO AND GOVERNED SY THE TERMS CONTAINED HEREIN. Miracle objects to any other tenns proposed by lhe customer in writing or othe,wise, as matefUI alterations.. and all such tenns shall be void. The customer authorizes M'i"acle to ship the equipment and p.3y Mirade lhe total afTICU\1 specified. Shipping tenns are FOB lhe place of shipment via a convnon carrier de~ ed by Miradie. The customer agrees to p.3y all additional service charges for past due im,,oioes per the tenns listed aboYe. The customer rrust provide proper tax exemption oeftfficates to Mirade and promptly p.3y and discharge all ~ ble taxes, lioense fees. leyies.. and dismiss other impositions on !he equipment at its sole e:q,ense. 55575.18165\33505817.1

Revised 10.5.21 Exhibit C - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Item 1H - Page 36
55575.18165\33505817.1

Revised 10.5.21 Exhibit D - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., o f the California Labor Code which require every employer to be insured against liability for Worker ’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

MIRACLE RECREATION EQUIPMENT COMPANY

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Item 1H - Page 37
---
55575.18165\33505817.1

Revised 10.5.21 Exhibit E - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish t
o bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of C ontractor :

DIR Registration Number:

DIR Registration Expiration: __________________________ Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Item 1H - Page 38
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 1 SHORT FORM CONSTRUCTION CONTRACT

EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

Item 1H - Page 39
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 2 SHORT FORM CONSTRUCTION CONTRACT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Miracle Recreation Equipment Company, (hereinafter referred to as the “ Contractor”) an agreement for replacement of rubber surfacing at Sunrise Park Playgrounds (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in t
he Contract Documents for the Project dated January 18, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms t
hereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, Miracle Recreation Equipment Company , the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Hundred Sixty Thousand One Hundred fifteen Dollars and Sixty Cents, ($160,155.60), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, ex
ecutors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

Item 1H - Page 40
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT

(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price ” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

Item 1H - Page 41
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 4 SHORT FORM CONSTRUCTION CONTRACT

(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of c
orporate authority attached.
(Attach Attorney-in-F act Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety
and Agent or Representative for
service of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Item 1H - Page 42
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , w ho proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
Item 1H - Page 43
I I
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 6 SHORT FORM CONSTRUCTION CONTRACT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of P alm Springs (hereinafter designated as the “ City”), by action taken on January 11, 2024 has awarded to _Miracle Recreation Equipment Company hereinafter designated as the “Principal,” a contract for the work described as follows:

Replacement of Rubber Surfacing at Sunrise Park P laygrounds (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the C
ontract Documents for the Project dated January 18, 2024 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; pr
oviding that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of One Hundred Sixty Thousand One Hundred Fifteen Dollars and Sixty Cents ($160,155.60) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its s
ubcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials , provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Item 1H - Page 44
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 7 SHORT FORM CONSTRUCTION CONTRACT

or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)

Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Item 1H - Page 45
55575.18165\33505817.1

Revised 4.13.23 Exhibit F - 8 SHORT FORM CONSTRUCTION CONTRACT

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , w ho proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Item 1H - Page 46
I I
55575.18165\33505817.1

Revised 10.5.21 Exhibit G - 1 SHORT FORM CONSTRUCTION CONTRACT

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

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1H - Page 47

ATTACHMENT B

Item 1H - Page 48
Item 1H - Page 49

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. 0

3. Local or Cali ornia Address {if different than #2)

4. State where Entity is Registered with Secretary of State

5. Type of Entity
~orporation O Limited Liability Company O Partnership O Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity __ g~r---jy~G.:-~ _ _,,\,_/~--'"t.~L=---\ _______ [9'6fficer  Director D Member D Manager I [name]
D General Partner D Limited Partner
Other ____________ _
_ 7o...:........:· tJ==-M_;__;_..c,,__t)..c.,_c~'--"(/\___._K ..... t...,C....._ ________ 5}dfficer D Director D Member D Manager [name]
D General Partner O Limited Partner
Other ____________ _
-~~4>f:'-"'-'-..;ii,__...,&,.__.,.(Si.sf:"-"+-----------~cer D Director D Member D Manager tname]
(Revised 09 13 18)
D General Partner D Limited Partner
Other ____________ _

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1H - Page 50

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
? l ~ Yi"r~fof ne,/inve,,o,]
((}l)ty
[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 t~
{Revised 09 13.18)

PRINGS -PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23P382 WITH PHONG K. NGUYEN, M.D. A PROFESSIONAL CORPORATION ,

FOR MEDICAL DIRECTOR SERVICES FOR FIRE/EMS

FROM: Scott C. Stiles, City Manager

BY: Fire Department

SUMMARY:

Award a professional services agreement with Phong K. Nguyen, M.D. A Professional Corporation, for medical director services for Fire/EMS.

RECOMMENDATION:

1. Approve Professional Services Agreement No. 23P382 ( Attachment A ) with Phong K. Nguyen, M.D. , A Professional Corporation, to provide medical director services for a two -year term in an amount not to exceed $56,000 beginning January 15, 2024 through January 14, 2026, with three one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on December 7, 2023, Phong K. Nguyen, M.D., A Professional Corporation, is registered in the state of California.

BACKGROUND:

The Fire Department is looking to improve its Emergency Medical Services ( EMS) program by utilizing a Medical Director (MD) that meets today’s standards. The Fire Department’s prehospital workforce is a diverse, creative, committed, and often very street-savvy group of providers. The MD improves our Advanced Life Support (ALS) program by meshing a physician’s passion for the patients’ benefit, scientific discovery, ethical practices, and professional development with the enthusiasm and dedication of a Item 1I - Page 1
prehospital workforce. M edical direction is a multidimensional operation that includes direction and oversight of administrative, operational, educational, and clinical actions related to patient care activities. The MD is an integral leader in our EMS program and will serve as the interface between the agency and the medical community.

The current Medical Director (MD) has expressed his inability to be dedicated to and actively involved in our ALS program, due to professional commitments elsewhere.

Medical oversite, protocol compliance, skill verification, and medical training are all critical components of an effective and professional ALS program. Our current MD firmly believes it would be mu ch more beneficial for us to have someone on- board with the ability to dedicate more time and play an active role in our ALS program.

STAFF ANALYSIS:

The Fire Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Three proposals were received by the deadline of December 7, 2023 as follows:

• Dukes, Yucaipa, CA
• Global EMS Solutions, Inc., Malibu, CA
• Phong Nguyen, Redlands, CA

The evaluation team, made up of City staff from the Fire Department and one outside special expertise evaluator , evaluated the proposals received against published criteria that included the firm’s experience, the staff experience, the understanding of the scope of work, local preference, and price.

Phong K. Nguyen, M.D. , A Professional Corporation , was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1 – Quality of Life.

Item 1I - Page 2
FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2023-24.

REVIEWED BY:

Department Director: Chief Paul Alvarado
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P382
B. Public Integrity Disclosure

Item 1I - Page 3

ATTACHMENT A

Item 1I - Page 4
PROFESSIONAL SERVICES AGREEMENT 23P382

MEDICAL DIRECTOR SERVICES FOR FIRE/EMS

THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is entered into, and effective on January 15, 2024, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Phong K. Nguyen, M.D. A Professional Corporation, a California corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide Medical Director Services for the Fire/EMS department (“Project”).

B. Consultant has submitted to City a proposal to provide Medical Director Services for the Fire/EMS department, to City under the terms of this Agreement.

C. Consulta nt is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Consultant to provide such professional services.

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

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a ma terial inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenant s that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents . The Agreement between the Parties shall consist of the following: (1) t his Agreement; (2) the Scope of Se rvices; (3) the City’s Request for Pro posals; and, (4) the Consultant’s signed, original proposal s ubmitted to the City (“Consultant’s Item 1I - Page 5
Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respe ctively, are incorporated herein by this referenc e and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, th e City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties.

Should any c onflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law . Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments . Co nsultant represents and warrants to City that it has obta ined all licenses, permits, qualifications, and approvals of whatever nature that are legally required to pr actice its pro fession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreemen t, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and unde r this Agreement. Consultant shall have the sole obligation to pay for any fees , assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and a rise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless Ci ty ag ainst any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.5 Familiarity with Work. By executing this Agreement, Consultant wa rrants that Consultant (a) has tho roughly investigated and considered the Scope of Services to be performed, (b) has ca refully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under th is Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the C onsultant discover any latent or unknown conditions that will materially affect the p erformance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to pre vent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

Item 1I - Page 6

1.7 Further Responsibilities of Part ies. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform th is Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the tim e to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be ap proved by the Palm Springs City Council . It is expressly understood by Consultant that the provisions of this section shall not appl y to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of $56,000.00 ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditur es for rep roduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if s uch expenses are also specified in the Schedule of Compensation. The Maximum Co ntract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

Consultant acc epts the r isk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consul tant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the a mount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during Item 1I - Page 7
the period covered by the invoice, as may be required by the City. City shall u se reasonable efforts to make payments to Consultant within forty- five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

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

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

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

3. SCHEDULE OF PERFORMANCE

3.1 Time of E ssence. Time is of the essence in the performance of this Agreement.

The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit “B”), incorporated herein by this referenc e. Neither Party shall be accountable for delays in performance caused by any condition beyond the re asonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time for performance of Services to be rendered under th is Agreement may be extended because of any delays due to a Force Majeure Event if Consultant notifies the Contract Officer with in ten (10) days of the commencement of the Force Majeure Event. A F orce Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of Item 1I - Page 8
governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any neces sary delay, and extend the time for performi ng the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contr act price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated in accordance wit h Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two years, commencing on January 15, 2024, and ending on January 14, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Consultant, for three (3) additional one (1) year terms.

3.5 Termination Prior to Expiration of Term. City may terminate this Agr eement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due t o the fault of Consultant and constitutes an immediate danger to health , safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

4. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed unde r this Agreement: Phon Nguyen, MD APC, Physician/Owner. It is expressly understood that the experience, knowledge, education, capa bility, expertise, and reputation of the foregoing prin cipal is a s ubstantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shal l be the City Manager or his/her designee ("Contract Of ficer"). Co nsultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any Item 1I - Page 9
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Agai nst Subcontracting or Assignments . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducemen t for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services r equired under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including w ithout limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.

All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and w ill make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be tra nsferred, assi gned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Cons ultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consu ltant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agent s, except as set fort h in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for al l reports and obligations respecting them, including but not limited to social security income tax wi thholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a par tner of Consultant in its business or otherwise a joint venturer or a member of a ny joint enterprise with Consultant.

Item 1I - Page 10
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officer s, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City s hall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sicknes s arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benef its of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is a ware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consulta nt shall defen d, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to c omply with all California Labor Code provisions, which include but are not limited to prevailing wa ges (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcont ractors (Labor Code Section 1777.1).

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

5. INSURANCE

5.1 Types of Insurance . Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for t he duration of this Item 1I - Page 11
Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consult ant's performance of Work under this Agreement, including Consultant's agents, representatives, or em ployees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise author ized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form profess ional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occ urrence and tw o-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certifica tion under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from e rrors and omissions in the rendition of services under this Agreement.

(2) If the p olicy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreeme nt, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shal l obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The cover age shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carr ier or other insurance arrangements providing for compl ete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination o f the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Servi ces under t he terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance Item 1I - Page 12
in at least the minimum statutory amounts, and in compliance with all other s tatutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensati on insurance policy aga inst the City and to re quire each of its subConsultants, if any, to do likewise under their workers’ compens ation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insu rance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a p er occurrence basis wit h a combined single lim it of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of t his Agreement, a policy of employer liability insurance written on a per occ urrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Se lf-Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarant ees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history a s well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or sel f-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, Item 1I - Page 13
council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City, or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., el imination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording s tating that failure of the insurer to mail written notice of cancellation imp oses no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certif icates of i nsurance will not be ac cepted in lieu of required endorsem ents, and submittal of certificates without requir ed endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility fo r ensuring tha t such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and othe rs engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any insurance req uirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific re ference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

Item 1I - Page 14

J. The requirements in this section supersede all other sections and provisions of this Agre ement to the extent that any other section or provision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may r educe the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any wa y the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in t he State of Californi a with an A.M. Best’s Key Rating of B++, Class VII, or b etter, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish Ci ty with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind cov erage on its beh alf. All proof of insurance is to be received and appro ved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insur ance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its officia ls, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and al l 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).

Item 1I - Page 15
C. " Should any of the above described policies be canceled before the ex piration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representat ive" is not acceptable and must be crossed out.

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

In addition to the endorsements listed above, the City of Palm Springs shall be named t he certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the ful lest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected offici als, officers, employees, agents, and volunteers (collectively the “Indemnifi ed Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgment s, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), i ncluding but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in an y manner arising out of, pertaining to, or incident to any acts, errors or o missions, or willful misconduct committed by Consultant, its officers , employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this A greement. Thi s indemnification clause excludes Claims arising from the sole negligence or willful misco nduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnifi cation obligation shall survive t he expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matte rs indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining Item 1I - Page 16
a final adjudication by a court of com petent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agree ment.

Consultant shall keep such books and records as shall be necessary to properly perform t he Services required by this Agreement and to enable the C ontract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer th e estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any fac ts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepa red b y Consultant, its employees, subConsultants, and agents in the performan ce of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termi nation of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete docum ents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shal l indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written appro val of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be rel eased by Consultant without City’s prior written authorization.

Item 1I - Page 17

7.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or oth er agents o f City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessar y to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consu ltant’s performance under this Agreemen t. Consultant shall maintain such books, records, data, and documents in acc ordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of t his Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue . This Agreement shall be construed and interpreted both as to validity and as t o performance of the Parties in accordance w ith the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

8.3 Default of Consultant. Consultant’s failure to comply with any provision of thi s Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its defa ult within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy t o which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonabl e costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement witho ut cause under Section 3.5.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section Item 1I - Page 18

8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages) . The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

8.4 Waiver . No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enf orcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

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

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

8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other reli ef as may b e granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but ar e not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the Item 1I - Page 19
City has or shall have any direct or indirect fina ncial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS

10.1 P atent and Copyright Infringement . To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded i n any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, r ecklessness or willful misconduct of Consultant. However, Consultant wi ll not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the us e of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense s hall be at Consultant’s expense. Consultant shall Item 1I - Page 20
not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expens e to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notice. Any notice, demand, request, co nsent, approval, or c ommunication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, retu rn re ceipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to r eceive such notice if delivered pe rsonally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication se nt by f acsimile must be confirmed within forty- eight (48) hours by letter maile d or delivered. Other forms of electronic transmission such as e -mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

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

To Consultant: Phong K. Nguyen, M.D. A Professional Corporation Attention: Phong Nguyen
543 Acacia Court
Redlands, CA 92373

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

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

10.5 Severability. Whenever possible, each provision of this Agreement shall b e interpreted in such a manner as to be effective and valid under applicable law. If any provision of this A greement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest . This Agreement shal l be binding upon and inure to the Item 1I - Page 21
benefit of the Parties’ successors and assignees.

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

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

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into thi s Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

10.9 Counterparts. This Agree ment may be signed in counterparts, each of which shall constitute an original.

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

[SIGNATURES ON NEXT PAGE]
Item 1I - Page 22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PHONG K. NGUYEN, M.D. A PROFESSIONAL CORPORATION

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ___________________ Item No. ____________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1I - Page 23

EXHIBIT “A”

SCOPE OF SERVICES

Item 1I - Page 24

1.1 Background:

The Fire Department is in need of a Medical Director for the Fire/EMS Department at the City. The Fire Department’s EMS program requires a dedicated Medical Director for the Department’s Advanced Life Support (ALS) program. Medical oversite, protocol compliance, skill verification, and medical training are all critical components of an effective and professional ALS program. The ALS program must keep up with modern medicine practices, and new studies, skills, and techniques.

1.2 Scope:

A. The Contractor with serve as the Medical Director for the Palm Springs Fire Department.

B. Medications:

1. The Medical Director will be the Drug Enforcement Agency (D EA) Registrant, authorizing the purchase and use of schedule 2, 3, and 4 medications by the Department.

2. The Medical D irector will sign DEA form 222 so the Department may order medications as needed.

C. Equipment:

1. The Medical Director will authorize, under their medical license, the purchase of medical equipment and medications.

2. The Medical Director w ill participate and advise in the selection of medical equipment at the discretion of the Department.

D. Quality Improvement Meetings:

1. The Medical Director will participate i n quarterly Quality Improvement meetings at up to 5 hours/meeting.

2. The Medical Director will teach up to two classes/year for each of the three shifts, each class being no more than 4 hours.

E. Call Follow Up:

1. Unlimited consultation by field personnel regarding call follow up. Field personnel may contact the Medical Director directly.

F. Patient Follow Up:

1. The Medical Director will attain patient follow up as requested by the Departm
ent.

G. Investigation of Clinical Error, Conflicts, Disciplinary issues:

1. The Medical Director will aid in investigations of clinical errors and Quality Improvement issues at the discretion of the Department.

2. The Medical Director will participate in corrective action plans at the discretion of the Department.

Item 1I - Page 25

3. Assist the EMS Agency Staff in the resolution of conflicts within the EMS system, whenever technical medical expertise is required or appropriate in the resolution of such conflicts.

4. Participate in disciplinary hearings involving medical issues or the performance of EMS personnel in matters directly affecting patient care at the discretion of the Department.

H. Testify / Prepare Reports:

1. The Medical Director may be required to testify in court on behalf of the City of Palm Springs and/or the City of Palm Springs Fire Department.

2. When requested, prepare reports and drafts of materials requiring technical medical expertise.

I. Continuing Education:

1. Provide medical direction for the PSFD paramedic and EMT continuing education program.

2. The Medical Director may serve as the principal phys ician instructor for these programs.

J. Video / Computer Based Training:

1. The Medical Director may be filmed for trainin g purposes and have the film placed on the Department’s video/computer-based training platform.

2. The Medical Director will participate in remote learning / video/computer - based training.

K. Medications, Equipment, and Pilot Projects:

1. Assist the EMS Staff or assigned program manager with research, development, and continuous quality improvement for all respective programs and/or pilot projects related to emergency and non- emergency medical care and services.

2. Develop and maintain a system to review and evaluate new medications, EMS equipment, and innovative EMS patient care modalities for possible implementation; to potentially improve patient care.

L. Represent the Department as the official Medical Director for Emergency Medical Dispatch implementation and routine oversight:

1. The Medical Director will work with outs
ide medical directors for special
events as needed. If required, separate reimbursement w ill be made on a quarterly basis based on the hours worked and the hourly rate on the cost proposal form.

M. Representation at the Riverside County Emergency Services:

1. The Medical Director will represent the Department as needed at Riverside County Emergency Services meetings, including but not limited to Quality Council.

Item 1I - Page 26
N. Exposure, Infection Control Plan and Biohazard Consulting:

1. The Medical Director will consult with the Department on all incidents of exposure or possible exposure. The Medical Director will aid the Designated Infection Control Officer (DICO) in making the determination if an exposure has occurred.

2. At the request of the Department, the Medical Director will consult with the exposed employee and/or their treating physician.

3. The Medical Director will assist in the up dating the Dep artment’s Infection Control Plan.

O. Academy:

1. At the discretion of the Department, the Medical Director may be requested to provide instruction at the entry level fire academy.

2. The instruction shall be no more than 8 hours of instruction per ac ademy and will not exceed 16 hours in a calendar year if there is more than 1 academy/year.

P. Emergency Medical Services Redesign:

1. The Medical Director will assist in a potential EMS redesign at the discretion of the Department.

Q. Consultant:

1. The Medical Director will serve as the consu ltant to the PSFD EMS staff for ongoing evaluation and management of PSFD emergency services.

R. EMT / Paramedic Department Qualified:

1. The Medical Director will authorize an “in-house” representative to conduc t staff evaluations to recommend approval of new staff to operate as an EMT or Paramedic.

1.3 Schedule:

Work will commence on the date of executed contract and all work shall be completed by end of contract date. The term of this contract is for two years, with three one-year options to renew at the City’s sole discretion.

1.4 Compensation:

Work will
be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, a
nd incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified f
or additional work requested by the City.

Item 1I - Page 27
EXHIBIT “B”

SCHEDULE OF COMPENSATION
Item 1I - Page 28
Item 1I - Page 29
ATTACHMENT "G"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 15-23)
MEDICAL DIRECTOR SERVICES FOR FllRE/EMS

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Prol)O$al", NOT with Electronic Ate #1, Technical/Work Proposal')

ITEM DESCRIPTION UNIT OF ESTIMATED RATE TOTAL

MEASURE QUANTITY
1 Year 1 -Total Lump~um 1 1'>',00o (-g, t:00
2 Year 2 - Total Lump Sum 1 ,~.ooo Ji, 00 0
3 Hourly Rate for Hourly 200 toO ;<.2,00 :v:;, ooo special events TOTAL 5h ,ooO
Finn Name: (rl-lONG; ~,t/Bt-.l , H D A ?C,.,
SiQSlature of Authorized Person: ---, ~ ~IY'-=-
f \__)
Printed Name: ::?+iorcJG;- IIJ(n r(e70
Trtle: _<°?..,_-H..,_'{""<i,"'(-=C..,-'-'1 Aw<V=..+-/ ""o~w=--i',)=-e'_..'P _ ____ ____ _ Date: _..,_H~)_,,vf""-/1-";;.""-':'.>"'------ ------ - --- EXHIBIT “C”
Item 1I - Page 30
ATTACHMENT "F"
EXECUTIVE ORDER N-e-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 15-23)

MEDICAL DIRECTOR SERVICES FOR FIRE/EMS
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs al agencies and departments that are suti,ect to lh8 Governor's &uthOtity to (a) tenninate any contrac ts with any individuals or entities that are ctetennined to be a target of e,oonomlc sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any now contracts with such l:ndlviduals or entities while the aforementioned sanctions are in effect
Executive Order N-6-22 also requtes that any contractor that (1) currentiy has a contract wlth the City of Palm Springs fundod through grant funds provided by the State of California; and/or (2) &1.1bmits a bid c.- proposal or otherwi.se proposes to or enter Into or renew a contract with the City of Palm Springs with State of Califomia grant funds, certify that the person is not th& target of any economic sanctions against Russia and Russian entities and indivkluals.

The oontradOr hereby oertffies, SUBJECT TO PENAL TY FOR PERJURY, that a) the oontracior is not a target of any economic sanctions against Rus-sian and Russian entities end indMduals as cfiscussed in Executive Order ~22 and b) th-e person signing below is duly auttlortzed to legally bind the Contractor . This certification is made undor the laws of the State of Califomia.

S~na1ure: 7l~
PrintodName: ~
Tllle:_ · .... 'i'=.:..J.,_,-f-"S"-'I C.e:,ic.tW""='- - --- Firm Name: CJm)Alt,r,./0, /'l;;),.J M. () .trFC.

Oa11>: ii /J.ft I ').. 2 j

ATTACHMENT B
Item 1I - Page 31
Item 1I - Page 32

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
~o~ "1&u·t G~1 µ~ A?C-
Address of Entity (Principal Place of Business)
5 4'3 AtAtAA a fUl~ .us t (!_A
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State M
q4.;-3·75
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
~ Corporation D Limited Liability Company O Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
14:!0tJG- IJ6-u it~"IJ t bA ~ ~fficer D Director D Member D Manager {name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name) D General Partner O Limited Partner
Other
D Officer D Director D Member D Manager
[name} D General Partner D Limited Partner
D Other
Item 1I - Page 33
.

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
. .
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
..
'?+t O t-J ~_A,)G-J~µJ> I ~u?-,g , I :A'PC
[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
11f»1 I~~

CITY COUNCIL STAFF REPORT

DATE: JANUARY 11, 2024 CONSENT CALENDAR

SUBJECT: APPROVAL OF TRACT MAP 36969 AND A SUBDIVISION

IMPROVEMENT AGREEMENT WITH EHOF CANYON VIEW LLC , A

DELAWARE LIMITED LIABILITY COMPANY

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Stantec Consulting Services, Inc., representing EHOF Canyon View LLC , a Delaware Limited Liability Company (the “Developer”), has requested approval of a final map for Tentative Tract Map 36969 to create an 80-unit single family residential subdivision on a vacant 15.16- acre lot. Approval of a final map for Tentative Tract Map 369 69 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.

RECOMMENDATION:

1. Adopt Resolution No. _____,“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 36969 AND

AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH EHOF

CANYON VIEW LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR

PROPERTY LOCATED AT SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from EHOF Canyon View LLC, a Delaware Limited Liability Company is included as Attachment A.

Item 1J - Page 1
City Council Staff Report
January 11, 2024 -- Page 2
TM 36969 Approval

BACKGROUND:

At its meeting o f July 19, 2017, the City Council approved Tentative Tract Map 36969 (TTM 36969) for the subdivision of 80- unit single family subdivision of a vacant 15.16 - acre lot. A time extension of two (2) years was granted by City Council by resolution 24693 on December 19, 2019.

Although originally approved on July 19, 2017, the entitlements included a Planned Development District, Major Architectural Review, and CEQA analysis that was ultimately approved by Planning Commission on June 19, 2021, and subsequently approved by City Council. Approval of AB 1561 by the S tate allowed for an additional 18- month map extension.

The expiration date of TTM 36969 was July 18, 2021 ; however, Stantec Consulting services, Inc., representing the Developer, timely filed a final map for TTM 36969 on February 14, 2019. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.

STAFF ANALYSIS:

The developer has completed all required studies, improvement plans, Community Facility District (CFD) requirements, and bonding requirements applicable at this time.

Pursuant to the prior discretionary entitlements approved by the Council on July 19, 2017, the Developer requests that the property located at the southwest corner of East Palm Canyon Drive and Matthew Drive, in Section 30, Township 4 South, Range 5 East, be subdivided into an 80-unit single family residential subdivision. A site map is provided on the following page and a copy of the final map for TTM 36969 is included as Attachment B.

Item 1J - Page 2
City Council Staff Report
January 11, 2024 -- Page 3
TM 36969 Approval

TM 36969 – site map

Construction of required public improvements associated with Tract Map 369 69 has not been completed; the total cost of the public improvements to be completed is $5,700,000.

In accordance with Section 66462 of the California Government Code, the Developer has requested that the City enter into a Subdivision Improvement Agreement securing the cost of those improvements to be completed to the City’s satisfaction. A copy of the Subdivision Improvement Agreement with associated securities is included in Attachment C.

The City Engineer has determined that required conditions of approval associated with TTM 36969 have been satisfied, that Tract Map 36969 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 36969 is ready for City Council approval.

ENVIRONMENTAL ASSESSMENT
:

A Mitigated Negative Declaration (MND), which was previously adopted by the City Council on July 19, 2017, is the controlling environmental document for the project.

Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent MND, Addendum to the MND or further environmental documentation is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Approval of the final Item 1J - Page 3
City Council Staff Report
January 11, 2024 -- Page 4
TM 36969 Approval

map will not result in any new environmental impacts beyond those already assessed in the adopted Mitigated Negative Declaration.

FISCAL IMPACT
:

Approval of Tract Map 36969 will subdivide the currently vacant 15.16-acre parcel into an 80-unit single family residential subdivision; upon completion of the Units, the City will receive (yet to be determined) additional property tax revenue. While there may be additional costs for City public services incurred over time, the applicant has established a Community Facilities District (CFD) for the development to establish an ongoing funding mechanism to offset the additional costs generated by the development.

REVIEWED BY:

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

ATTACHMENTS:

A. Business Principal Disclosure
B. TM 36969 Map
C. Subdivision Improvement Agreement
D. Resolution

Item 1J - Page 4

Attachment A
Item 1J - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

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

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

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

Item 1J - Page 7

Attachment B
Item 1J - Page 8
Item 1J - Page 9
TOTAL ACREAGE:

NUMBER OF LOTS:

15.16 ACRES
80 NUMBERED
27 LETTERED

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

WE HEREBY DEDICATE TO PUBLIC USE IN FEE FOR STREET AND PUBLIC UTILITY PURPOSES: EAST PALM CANYON DRIVE AND MATTHEW DRIVE AS SHOWN ON THIS MAP.

WE ALSO HEREBY DEDICATE TO PUBLIC USE EASEMENTS FOR THE RIGHT OF INGRESS AND EGRESS FOR PUBLIC SERVICE AND EMERGENCY VEHICLIES OVER LOTS "A" THROUGH "N", INCLUSIVE, AS SHOWN ON THIS MAP.

WE ALSO HEREBY DEDICATE TO PUBLIC USE AN EASEMENT FOR PUBLIC UTILITY AND SEWER PURPOSES AS SHOWN ON THIS MAP.

WE ALSO HEREBY DEDICATE TO PUBLIC USE AN EASEMENT FOR SIDEWALK PURPOSES AS SHOWN ON THIS MAP.

WE HEREBY RETAIN LOTS "A" THROUGH "N", INCLUSIVE, FOR PRIVATE STREET PURPOSES, USE FOR THE SOLE BENEFIT OF OURSELVES , OUR SUCCESSORS, ASSIGNEES, AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN LOTS "M" THROUGH "MM", INCLUSIVE, FOR OPEN SPACE AND LANDSCAPE PURPOSES,

USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES, AND LOT OWNERS WITHIN THIS MAP.

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF tl.Ari.J1_
)
) ss
)

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: •
SIGNATURE /j_,.,,,.JIIJ{1~
NOTARY PUBLIC~~OR SAID STATE
MY PRIN9lf'.AL fLACE OF BUSINESS IS
IN __ .1:llf.r1 '(I COUNTY.

IN THE CITY OF PALM SPRINGS, COUN1Y OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RP.NGE 5 EAST, S.B.M.

STANTEC CONSULTING SERVICES INC. JANUARY, 2023

TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THfS DATE, THERE ARE NO

LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR

LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS

COLLECTED AS TAXES, NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $_151-1-~CL:_<::~.

DATED:..hY_{;ultt_'l.J.".':, 2023.
dOll 61 IRl51=Di5rn, COUNTY TAX COLLECTOR
t\ f\ltij tW J'6,.t.), I~$
BY:

TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $_J~j_L_300 · C)C! HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE

PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WiTH THE COUNTY RECORDER ARE A LIEN

AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATED:_8:y_(aU_'2!_2.J~_, 2023.

CASH OR SURETY TAX BOND
tte,t~ el lfi!IS'fet9Ett COUNTY TAX COLLECTOR
Mll-1fE\J ,fGIJU I tJ .s.
\
I
BY:

CllY SURVEYOR'S STATEMENT
I, ERIK T. HOWARD, CITY SURVEYOR OF THE CITY OF PALM SPRINGS, HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT I AM ATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. 01 ~ -~~~ Z.l • Si,EP., 2023
ERIK T. HowARo:-PLs 7648 DATE

CITY SURVEYOR
-- D.u e,._B.il_lfll.'n -L•-'tm2i PRINTED)
MY COMMISS10N EXPIRES _ _!!_WM5-.-S ~'-r IJ, ~1'1-4
MY COMMISSION NUMBER _-"tJt_,AD41J/"tf el'

SURVEYOR'S STATEMENT
SHEET 1 OF 9 SHEETS

RECORDER'S STATEMENT
FILED THIS ___ DAY OF -----~ 20 __ , AT
__ .M. IN BOOK _____ OF MAPS, AT PAGES
____ , AT THE REQUEST OF THE CITY CLERK OF
THE CITY OF PALM SPRINGS.

NO. ________ _
FEE

PETER ALDANA ASSESSOR - COUNTY CLERK - RECORDER
BY: -------------~ DEPUTY
SUBDIVISION GUARANTEE: FIRST AMERICAN TITLE COMPANY

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION, AND IS BASED ON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF EHOF CANYON VIEW, LLC, IN JUNE 2018.

I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER ANO OCCUPY THE POSITIONS INDICATED,

OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE

MAP, AND THAT THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP.

THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.

DATED: JANUARY 3, 2023
MINH A. LE, P.LS. 8543
CllY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF THIS TRACT MAP NO. 36969, CONSISTING OF 9 SHEETS, THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE STATE

SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH.

JOEL MONTALVO, R.C.E. No. 62624

CITY ENGINEER
CllY CLERK'S STATEMENT
____ , 2023
DATE
I, ANTHONY J. MEJIA, CITY CLERK OF THE CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE DAY OF ____ , 2023, DULY APPROVED THE ANNEXED MAP OF TRACT NO. 36969, AND DID ACCEPT, ON BEHALF OF THE PUBLIC, THE OFFER OF DEDICATION IN FEE FOR STREET AND UTILITY PURPOSES: EAST PALM CANYON DRIVE AND MATTHEW DRIVE AS SHOWN iN THE WITHIN MAP.

ALSO HEREBY ACCEPT THE DEDICATIONS FOR PUBLIC USE: THE EASEMENT FOR INGRESS AND EGRESS FOR

PUBLJC SERVICE AND EMERGENCY VEHICLES, THE EASEMENT FOR PUBLIC UTILITY, WATER ANO SEWER PURPOSES AND THE EASEMENT FOR SIDEWALK PURPOSES AS SHOWN ON THIS MAP.

PURSUANT TO SECTION 66434 (g) AND SECTION 66499.20 1/2 OF THE SUBDIVISION MAP ACT, APPROVAL

AND RECORDATION OF THIS TRACT MAP CONSTITUTES ABANDONMENT, WITHIN THE BOUNDARY OF THIS MAP, OF THE FOLLOWING DEDICATIONS OF PUBLIC STREET AND PUBLIC UTILITY, NOT SHOWN HEREON:

A PORTION OF LINDEN WAY AS GRANTED TO THE CITY OF PALM SPRINGS PER DEED RECORDED AUGUST 9, 1968 AS INSTRUMENT NO. 77325 OF OFFICIAL RECORDS; THE EASEMENT FOR PUBLIC STREET, SEWER, PUBLIC UTILITY AND INCIDENTAL PURPOSES RECORDED SEPTEMBER 18, 1980 AS INSTRUMENT NO. 170397 OF OFFICIAL RECORDS; THE EASEMENT FOR PUBLIC STREET, SEWER, PUBLIC UTILITY AND INCIDENTAL PURPOSES RECORDED NOVEMBER 10, 1980 AS INSTRUMENT NO. 209914 OF OFFICIAL RECORDS; AND RIGHT OF WAY OVER THE STATE HIGHWAY 111 PER RELINQUISHMENT REQUEST NO, 388R, RECORDED MARCH 22, 1991 AS INSTRUMENT NO. 094192, THE ALL OF RECORDS OF RIVERSIDE COUNTY.

THE TENTATIVE MAP FOR TRACT NO. 36969 WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 5TH DAY OF JULY, 2017.
____ , 2023
ANTHONY J. MEJIA DATE

CITY CLERK OF THE CITY OF PALM SPRINGS
Item 1J - Page 10
TOTAL ACREAGE:

NUMBER OF LOTS:

15.16 ACRES
80 NUMBERED
27 LETTERED

EASEMENT NOTES

EASEMENT FOR THE RIGHT OF INGRESS AND EGRESS FOR PUBLIC SERVICE AND EMERGENCY VEHICLES DEDICATED HEREON.

EASEMENT FOR PUBLIC UTILITY AND SIDEWALK PURPOSES DEDICATED HEREON.

EASEMENT FOR DRIVEWAY PURPOSES RESERVED HEREON FOR THE FUTURE BENEFIT OF THE ADJACENT LOTS.

EASEMENT FOR PRIVATE STORM DRAIN TO THE HOA.

MONUMENT NOTES
e INDICATES FOUND MONUMENT AS NOTED HEREON.
0 ®
0 FD 2.5" BRASS CAP STAMPED CENTER 1/4 COR SEC 30, IN WELL, ON 0.7', PER R.S. 146 / 87.

FD 2.5" BRASS CAP STAMPED 1/64 COR SEC 30, IN WELL,
ON 0.4', PER R.S. 146 / 87.

FD 1.5" I.P. W/ NAIL & TAG, ILLEGIBLE, IN WELL, DN 0.8', PER R.S. 146 / 87.
0 FD 1.25" LP. W/ NAIL & TAG, ILLEGIBLE. IN WELL, DN 0.8', PER R.S. 146 / 87.
fs' FD 1.5" I.P. W/ NAIL & TAG, ILLEGIBLE, IN WELL, DN 0.2', \.:.:) PER R.S. 146 / 87.
©
FD 3" CAL TRANS BRASS CAP IN WELL, DN 1 . 1 ',
PER R.S. 146 / 87.
(j) FD 1.25" I.P. W/ NAIL & TAG, ILLEGIBLE, IN WELL, DN 0.5', PER R.S. 146 / 87.
®
0 FD 1" LP. W/ PLUG STAMPED "LS 7070", FLUSH,
PER R.S. 146 / 87.

FD 0.75" LP. W/ NAIL & TAG, ILLEGIBLE, IN WELL, DN 0.2', PER R.S. 146 / 87.
'1Q\ FD 2" LP. W/ NAIL & TAG, ILLEGIBLE, IN WELL, DN 0.5', ~ PER R.S. 146 / 87.

Q SET 1" I.P. TAGGED "LS 8543", IN WELL, PER CITY STANDARD MONUMENT TYPE. A.
0 SET 2" I.P. TAGGED "LS 8543", FLUSH; PER CITY STANDARD MO~JUMENT TYPE B
SET 1'' 1.P. TAGGED "LS 8543", DN O.i', OR LEAD AND TAG "LS 8543" IN

CONCRETE, OR ON FACE OF WALL ON THE LOT LINE AT ALL REAR LOT CORNERS, UNLESS OTHERWISE NOTED.

SET LEAD AND TAG, "LS 6543", IN TOP OF CURB IN LIEU OF FRONT LOT CORNERS ON PROLONGATION OF SIDE LOT LINES, AND FOR E.C.'S AND B.C.'S PROJECTED PERPENDICULAR OR RADIAL FROM RIGHT-OF-WAY, UNLESS OTHERWISE NOTED.

ALL MONUMENTS SHOWN AS "SET" SHALL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENTATION AGREEMENT FOR THIS MAP.

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M STANTEC CONSULTING SERVICES INC.

SURVEYOR'S NOTES:

1. TRACT NO. 36969 CONTAINS 15.16 ACRES, GROSS.

2. TRACT NO. 36969 CONTAINS 80 NUMBERED LOTS AND
27 LETTERED LOTS.

3. LOTS "A" THROUGH "N" ARE FOR PRIVATE STREETS.

4. LOTS "AA" THROUGH "MM" ARE FOR OPEN SPACES
LANDSCAPE.

5. THE TOTAL ACREAGE OF THE STREET AND PUBLIC

UTILITIES DEDICATION OVER EAST PALM CANYON DRIVE
AND MATTHEW DRIVE IS 2.015 ACRES.

6. ( ) INDICATES RECORD DATA PER R.S. 146 / 87.

7. < > INDICATES RECORD DATA PER DOC#
2013-056524, O.R.

8. RAD

9. M&R

10. SNF

11. P.C.C.

12. P R.C.

INDICATES RADIAL BEARING

INDICATES MEASURED & RECORD DISTANCE

INDICATES SEARCHED, NOTHING FOUND

INDICATES POINT OF COMPOUND CURVATURE

INDICATES POINT OF RESERVE CURVATIJRE
SIGNATURE OMISSIONS:

PURSUANT TO THE PROVISIONS OF SECTION 66436 {a)(3) OF THE SUBDIVISION ,MAP ACT, THE FOLLOWING SIGNATURE HAVE BEEN OMITTED:

STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, HOLDER OF EASEMENTS FOR PUBLIC HIGHWAY PER EASEMENT DEEDS RECORDED SEPTEMBER 1, 2020 PS INSTRUMENTS NUMBERS 2020-0408640 AND 2020-0408641, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (THESE EASEMENTS LOCATED WITHIN THE DEDICATED EAST PALM CANYON DRIVE AND MATHEW DRIVE AND NOT SHOWN HEREON).

JANUARY, 2023
SEC. 30, T. 4 S., R. 5 E.
'PROJECT SITE --
SHEET 2 OF 9 SHEETS
i
~
I

VICINITY MAP
N.T.S.

RAMON RD
Item 1J - Page 11
TOTAL ACREAGE:

NUMBER OF LOTS:

NO.

L1
L2

15.16 ACRES
80 NUMBERED
27 LETTERED

LINE TABLE

BEARING
N89'37'44''W
N44'45'21 ''W
NOTES:

LENGTH

8.00'

21.26'
---- 70_2_.5_7_' --

FOR VICINITY MAP, MONUMENT NOTES, EASEMENT
NOTES ANO SURVEYOR'S NOTES, SEE SHEET 2.
c--r-rvr1n.J\1 VC..v 11v1-.

BASIS OF BEARINGS
30, T.

S.8Jv1.
658.98'
R.
~ C
::, L..'
THE BASIS OF BEARINGS FOR THIS SURVEY IS "N 26°26'26" E" BETWEEN CONTROL STATIONS "PIN1" AND "corn· PER RECORDS ON FILE OF THE NATIONAL GEODETIC

SURVEY,

COORDINATES SHOWN HEREON ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, CCS83, ZONE 6, NAD83(2010.00 EPOCH ADJUSTMENT).

ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID

DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCES BY A COMBINATION FACTOR OF 0.9999749882.

CONTRQL STATION "PIN1"
N 2166,1,29.32 E 6498294.30
CONTROL STATION "COTO"
N 2210180.15 E 6520051.04

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.8.M.

STANTEC CONSULTING SERVICES INC. JANUARY, 2023
I
l BOUNDARY & INDEX MAP
947.74' ··········-··-
4 3 2
35 LOT ·o· 39
34 5 6 7 8 .,..., 38
14 33
41 46
,,,,,
12 11 10 9 32
37 42 48 51 45
36 43 44 49 50
[~ 0,~~ 31
• u • '-LOT "JJ"
13 14 15 16
9 LOT "II'~
@ 73
~
72 • 65 . -
20 19 18 17
I
30 29 28
~
I-
74 79 g
I- 61 60 g
71 66
LOT "G" 1---..r------i
LOT "F" 78 75 70 67
26 27 62 63
21 22 23 24 77 76 69 68
LT MM"
---MATTHEW DRIVE--
N89"37' 44 "W 1577 .84'
Atv1E.t4DED
DI.A f,,,11"\ 1~-1-,c:
i ,IYI. l'1V. 1 VI/ ...J
P.M.B. 96 / 37-58
STATION PIN1 -., 1
~"'--- --
59 LOT "J"
64 INDICATES SHEET NO.
100
SCALE: 1 ".= 1 oo'
/
/
--
SHEET 3 OF 9 SHEETS
.,.c:,
.,, { "· lit
'"1 ..... 'vvn ·C .., . .,,,,
• I 3,;;- I 'f'•f ~ t::;
----- JV /;' 5,"! I "'-
--- v-- .... .,
---- '"' I
--
COTO
Item 1J - Page 12
TOTAL .ACREAGE: 15.16 ACRES
NUMBER OF LOTS: 80 NUMBERED
27 LETTERED
NOTES:

FOR VIC!NrTY MAP, MONUMENT NOTES, EASEMENT NOTES AND
SURVEYOR'S NOTES, SEE SHEET 2.

FOR BASIS OF BEARINGS, BOUNDARY AND INDEX MAP, SEE
SHEET 3.
i 78.29
N89'54'04"W 348.07'

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.

STANTEC CONSULTING SERVICES INC. JANUARY, 2023
169.78'
LOT ,.LL"
12295 SQ.FT.
~---1@]1--~~-------i
21'
ro 4 <D
,,.: 5255 SQ.FT. 0,
(
'° -N
co
w • I")
-N
N
b
0 z
N89'37'47''W 196.82'
177.98'

52.00'
3 4273 SQ.FT.
(
o:>
-c-.j
co
,w
I")
N
N
b
0 z

52.00'
2 4273 SQ.FT.
-N N
b
0 z
-..\ 18. 84'', I ·11.3s• ,;;::"
i
1 ,n
0,
N
N
b
0 z
4149 SQ.FT. u:i
(I)
/~, LOT ,.KK"
1245 SQ.FT.
35 4582 SQ.FT.

LOT "AA"

1.456 AC.
30 ,...

I
15 0
SCALE: 1 "=30'
SEE DETAIL "C"
,-SHEET 8
i_,
30 •.
----
NO.

L1
L2
L3
L4
L5
L6
L7
LB
NO. RADIUS
Cl 13.50'
C2 13.50'
C3 7.50'
C4 7.50'
C5 7.50'
C6 7.50'
C7 7.50'
/ .....
/.//
4' I ,,,_..----------·-·--··· .-~ ?? ,...-
21'
-ci N
'°
w
' N
0 ;..._,
0 b
0 z
\
\
\
)_
b
U)
0,
ro
5 4979 SQ.FT.

50.65'
12 4918 SQ.FT.
0 ,n
-.J',
';?. J
~, -N
N
b
0 z
6 4030 SQ.FT.

N89'37'47"W

52.00'
11 4004 SQ.FT.

SEE DETAIL "B"
/-SHEET 8
0 t()
r-:

I'-
b
~
-st
U)
~
)
\ w
' ,,.,
"" N
b
0 z
0 C1
I'-
I'-
r __ _J ___ =i ~
/\ -~ -----= ~I ' I I
I s2.oo·'I -'-,
7 4030 SQ.FT.
207.65'

52.00'
10 4004 SQ.FT.
0 ,n
~)
w\
;.,\
N
N
b
0 z
8 4094 SQ.FT.

53.00'
LOT ,.C" ... --•·­
' 19154 SQ.FT.
...
9 4080 SQ.FT.
4'
N31°51'38"W
-(RAD)~ .. \

49.00'
I~
I'-
I
I
, 32.17
------·~ T-- "' 120.83' I
::] I ~ N89'37'47"W /153.00' /?-0--1-,.....,/ ;
r=-~Na:::-:9~·3::-:,7:r,4::-c7c.;:•1""'r.i.,..1 ~1---,s'""'2,....4...,:2..,..· ---J 1c-.._----~ LOT ,1 ,, / N89'371~7"w 144.83' -~-. -~- 1 L_ J
I ---~4Ji
L - - - -·- ----Li
1 3
16 "' ~ .;-
tc::::1-----:N.,-::8:-:-9c-:.3c::7,-' 4---7""'"w----77~.-oo-=•---~ 00 I
,e.5· gl
N
N
b
0 z
,fLl w ,.,.,
' n
N
N
b
" 0
gjz
()}
r--
-...,"-...'-..
\
$
\ '--------..
20· J 16.5'
_:;J...,,
I
I
"1,
U11
0 ~I
i
\
34 4004 SQ.FT.

N89'37'47"W 77.00'
33 4004 SQ.FT.

N89"37'47"W 77.00'
32 4004 SQ.FT.

N89'37'47"W 77.00"
"7 -~
,.JI
(I)
oc,
<t
Iii
N" 0
0 w.
• N r') Iii
N
N
b
0 z
-··-"'
0 0
<'-l t()
0 0
c-J
t()
0 0
<'i
ID
./-
0 0
N
U)
39 6758 SQ.FT.

I ;
l~~---t·
r:::7D' I I
~ I~
l fil 40
4331 SQ.FT.
//
I
N89'37'47"W 77.00' : i-r - - ·-:~ ---=-- -_I ii N89'37'47''W 77.00' 38 4004 SQ.FT.

N89"37'47"W 77.00'
I,
ii
,.,.,
e~

7... N ,_ b
0 z
I \
I i
! r--.
f;j b
0 I i'
1·
I'
N89"37'47"W
0 0
N
t[)

77.oo· __.,,,
N
i~-
I W
~
- ~ r<i I I'-.

L{) ./'/ !l)
- ;r/ 42
~
37 w w
n ~ 4004 SQ.FT. ft:lj 4004 SQ.FT.
"';.r, N
:;JI

N N NIX)
LOT "N" N
b '¢ . ci 0 0 .;- 8N f-3124 SQ.FT. 0
z -
z~ z
N89'37'47''W 77.00' w 1-i)
N89'37'47"W
36 I ~ A-- r L'
4' ---l - .; ~/
4003 SQ.FT. 1- ~i .
- (RAD) -, , '° I v .5 12.5 .;-

77.00'
43 4080 SQ.FT. N67'01 '21 "W
1;-12 ..
1 / . ~I
N58"26'55''W ', t;> \ <al N58"08'22"E ~
- -(RAD-) -,, •. • ~-\ 1 o \ r - - - - -"
, , ~ \ 1\ , .. / __ (RAD)---· ....... j __ .\I,\ N89"37'47"W 76.4_2_:j _: . \ _ L \\,___

75.84' •,
''-,j-,,
N co
I/
154.00'
---·
0 0
N ,n
0 0
,,-j
Cf)
154.00'
N89'37' 47"W
LOT "B"
SHEET
"'
46 5844 SQ.FT.

77.oo·
45 4004 SQ.FT.
n.oo·
44 4080 SQ.FT.

N57'23'55''W
- (RAD)-,,
4·
5 SHEET 4 OF 9 SHEETS

LINE TABLE

BEARING
N00'22'13"E
N89" 37' 4 7"W
N00"22'13"E
Noo·22', 3"E
N89"37'47''W
N89" 37' 4 7 "W
N89' 37' 4 7"W
N00"22'13"E

CURVE TABLE
DELTA
47'47'40"
47'47'41"
32'13'51"
31·10'52"
22'.)6'26"
32'13'51"
32"13'52"
f"'-.
{()
0 12.5'
LENGTH

30.22'

12.50'

12.50'

12.50'

36.50'

12.50'

12.50'

12.50'
LENGTH
11,26'

11.26'

4.22'

4.08'

2.96'

4.22"

4.22'
47 48
LOT "t..1''
:3253 SQ.FT.
i
Jw __,I
I
I
,__
49 lO
f-­w w
I
en
w w en
Item 1J - Page 13
TOTAL ACREAGE:

NU~ABER OF LOlS:

15.16 ACRES
80 NUMBERED
27 LETTERED
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 9 SHEETS 21'
21'
---- .............. ·-~,....- ---......
/
/
f
I
N6T01'21''W
- (RAD) ...... \
NB9°37'47"w \

76.42'
~ Cl 4 ···- -0.42'-- ,
\ "'--350.00' \
\ N89'37'47"W \
,, DETAIL t-1sB"2:?~s~:I!'>
'· _t:J,T.S. -- .... (RP..0)
/
. ..._ - ... -
SEE
/' ..
! \
\
/ 30 0
/ ,...
/
I
SCALE: 1"=30'
TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.8.M, STANTEC CONSULTING SERVICES INC. JANUARY, 2023
30 NOTES:

FOR VICINITY MAP, MONUMENT NOTES AND EASEMENT NOTES,
SEE SHEET 2.

FOR BASIS OF BEARINGS, SURVEYOR'S NOTES, BOUNDARY
ANO INDEX MAP, SEE SHEET 3.

NO.

C1
C2
C3
C4
cs
C6
C7
C8

CURVE TABLE

RADIUS DELTA

7.50' 32'13'51"

7.50' 32'13'52"

7.50' 32'13'51"

7.50' 32'13'52"

7.50' 32"13'51"

7.50' 3.2~13'52"

12.50' 42'50'37"

12.50' 19'24 35
LENGTH

4.22'

4.22'

4.22'

4.22'

4.22'

4.22'

9.35'

4.23'
1 SHEET · I !
t I ! ~~ \ N8'37'47; 77.00' ½ 35 !:: : i :! :, :

I
I I
1 O g J'!3_1__'.5_2'.38"W I I ,
1 2 ~ ~, .. - _-_-.:.- - If -LOT "E" ,_,-L· (RAD) \\ I
SEE DETAIL ·s·
1 '11 l;._.. i_\.... -/, 3124 SQ.TT~ _ _ . __ c1_.....,.,,"{-,, ~ma- _ ,
......_I -. _I ~--1 ~ i N89'37'47"W 120.83' __r.i_i /v:i ;;; ~~ ~- t:i1 ~~ st f NO. RADIUS
C9 12.50'
C10 16,00'
C11 110.00'
C12 130.00'
C13 150.00'
C14 150.00'
C15 130.00'
C16 11 0.00'
C17 7.50'
C18 7.50'

4.3 :::::-1 22£'1 31 .:~ O'.) LOT .. JJ.. . w ;:!: o,, I ;; ·~ No I ~-.'N N. r-...j"--' w1- N §f ~.,J 4184 SQ FT o \(}NC? ;: r 477 SQ FT ~1· • (/J,< l-'-' iols -- "':_ 4' ,::i?llo . . §! ;,;j A \ • -· ·.. • c,~ ~-, I J ~ /11-::.J I i I ~lg_ A- I N89 3/ 47 w 76.42:5--~~ ~C171~ 1 Lj
,,,....-
\
Na9•37•4rw1, 1 82.42• - ..... L-1 ~- N89'37'47''W .J.44.83'/ .. L.~_r__: -~----- 5 I' I_ 12.so·< .... 7:::i j '° / '° ~
-- /y; ii),/ ~_.J ~- \ ~/ f --- .. --- C:14 } 1 J g j
-C2//1•'l/ '0 \ . i 5.1\'-....~! ~I---_ - ' . . >) N5~26'5~"V~.F- z I ci CJ, .. ~ - _l -- . . # _, 43-~~' \ _.,,, - -- (RADJ ,I/ I.() O _ _ ---i :..,, 50 . .l, \ "f \ ,
I L. I,,,...- 32.17' · .. ......, l} ! ~ 120.83' t j ;::! I I/~- 52.00'r.! ....1-=---; \ _ 52.00_ -1~ T __ 49.00' I f \ ....,---- 'I i i N89'37'47"W 153,00' / 1 l
L L ~=--=--=----~

CURVE TABLE

DELTA LENGTH
23'26'02" 5.11'
51'22'30" 14.35'
12°44'22" 24.46'
12'44'22" 28.90'
12'44'22" 33.35'
12'44'22" 33.35'
12'44'22" 28.90'
12'44'22" 24.46'
31·10•5r 4.08'
os•34·2e" 1. 12'
4 N89'37'47"W 350.00'

LINE TABLE
NO. BEARING
L1 N44' 45'21 'W
L2 N89'37'44"W
L3 N00'07'02"E
L4 N00'22' 13"E
L5 N00'22'13"E
L6 NOff22' 1 3 'E
L7 N00'48'27"W
LS N00'22' 13"E
L9 N89'37' 4 7''W
2 "
1--
44 ()
....J
103.50' -
LENGTH

21.26'

8.00'
20,00'

25.00'

16.80'

25.00'

40.01'

25.00'
25 . .00'
I t
I
·o
0 0
i.()
~
w • ,.,.,
1 , N89'37'47"W '- 1 ·o Ar,..-------c,5 --- V I
(RAD) --..... [B- c-. r-' I LOT "B" I
-~~----l~--~--N89.37'47"W 350.00' ~
13 4882 SQ.FT. 14
4004 SQ .. FT.
15 4004 SQ.FT.
b
0 r..:
_1::,32'36'05"[:: __ / I ~- 40. 19• -\-- , C• 'I- --- N77·31 5 \ .. -14.00 - _, ___ 7_5.50' -r- 4' -. i-- -..I I I - B ..___ ...- , r;;-i_ .. 11,i ·o
,,. :--; C'2::,, - so.12-?5,"f. ·--------"'~~\ " 27780 SQ.FT. l'si- Oi ~ --.r , '~ • 71•-,, ~- , I N89'37'47"W 350.00' N - 16 ~ i:1'§'1 ,.1c.,:-_---62 _70, _........, 1• 1--1 - . ,-·r _ __, __ __::c""1.:::s_..,__\~---l..•-.r--1...!,1.!.7:.!:·o~o_· --------=-----~--:,.ctv7 7 r-==--··_J..__, __ ~7~7:..:..o:::.:o:...· ____ =:=-~x-J_j ___ _ I
ro J_,._ ..
"1
\ I.()
i.() l
co
OJ I":
.... ~ 0
0 I.()
"1 <N O'>
'° _w ro
;w N _o
4080 SQ.FT. 1" ~1-:!S \ N89'37'47"w 'er / ~ 1--111~1\i• ---- ... -- -~I\- -l ..L - ~- - -; t zs.100· r1 _i ____ 1~ 4:'foo.-_/..L: \ -l ZL_ - ~ N89'37'47"W • C',. I ,-::. -;- ---· :3 '\ 4' ---1 ~ I I -~ I
-·.·I.()·- '· -- .39.36 --t,.,,._ /"'- '_, ----- ---- N ~ o ·o - .. • --- 11 12.5' 12.5' o o [; .-~·~o .J... 73 0 0 -.<f
"
~ st I "l ~'<s:::-- 51.97 j ( 52.00' ! f 44.00' -----1~ iC) I ---;:~::,----~;;J_· ___ N.:.::.8::':9"-:-'-3:::-:7'::-.4_7_"W'----+--2::.;0:..:6c::.8=:=6::--'=---~-+) ___ """""-,-~-----.;::t;..J"·"-\ g ~ ,~it:9 --...._~66"1..2_'.~5-_"W_ N89'37'47~~T 1~;~~1✓:J I i ~ BO I~ ~I 4004 SQ.FT. \ 52.00' 52.00' ' I \ cr:i I (RAD) C) 4004 SQ.FT. I l I~ I.() LOT "H" ~ ~ 53,00 ·1 f r1 ~ § ~ - ~ 4· ~ 1413 SQ.FT. ~ j ··- I 01i= -:-; --, -3096 SQ.FT.

49.86'
i.()
.... )
\
0 0
c--i ,n
20 4847 SQ.FT.
w
- . ~ " " I r---- " i"":::..,_-_ _,.:N~8:::.::9:...:'3::.:7_'4:..:.7_"W:.:........:7..:.7.:::.0:,::0_' __ .......::!-.l:s.J '-- _w'.--- -- N89.37'47"W 77.00' ~ ~ LOT "C" \ I;::: 8
1 • 30 w 29 1.w · • "' - I
~ 0 19 18 ~ 0 19154 SQ.FT.- r- ----20·"--·r· :. -1~ :~8 .:~FT ~ 4004 SQ.FT, t 434l~Q.FT. ~ : ~; iii~ I ~ 4004 SQ FT 4004 SQ.FT. ~ 17 I~ Li'li---- /. -~1 I 1824 SQ FT''\ g g 8 79 CJ - ~ 4' 74 CJ I"- g. . I"-
4080 SQ.FT. ,~ ~ ~ 0 '1',/"!'132'36'05"~ • ) z ....,. ~ ·i-· .. - ~r-- 7 ~- 4004 SQ.FT. I~ ~ ~ gl 4004 SQ.FT. ~ ~
~
N
<N
b
0 z
b
0 r..:
"
72 71
N 4' ~- - ) i /JS~-C6 (RAD) I I I i :,- - - - - \. 1 I ~ ~ -l ~ f ~I N 1 IB7 ' " I / .,,.. - 49 00' --+\ \ -·-... ·1.\.....,.i_ 52.00' - ' I, I O , - · 0o 0° · 1 0 SIT 0£T~L ·o-: i\ ~--02 oo· Tu~ ~j ;_I __ 52.00' - -\ -- :93,10~0:o~' ~l -r ' ' ;. '~~9•/t,.1~1,,1~:i._. ·-~=~+t..::~::<::i-,~,r:l)i:::1:::0::..1_.t,:.:!.~~~·19,!..\~-;(_-:::t_: -;(_~'.!!W..!.~_!f-:'-.!..7,2.6:..!.-1,!_T_· _..::.,-::.....__~\i--' ----~ __ N_8_9_'3_7_' 4_7_"w __ 7..,;.7.;;,,;.o"-'o_' -~-·--·-1--l,~! 1 :~. 112~5' !:";-::I.I' ___ N:..;8::..::9:..;".3::..::7_' 4.:.;7_'~:.:..W........:7...:.7..:.:.0:.::0_' __ -...:·-::,+_:_: _____ _ SHEET 8 ----..... , " , - in 111 -'.:3 , I ! I / ,w 4 ~I f - . n I r I"-.., 32 ·17' \ l';"- I in ! 120 -83' in _/,..,, g , i \ "-s- N - I N89'37'47"W · 101 00 - / ~ ,.::-4- I.. I I 2 50' ~ N
" a 0
}-..
= t:
b 0 0
b CD . z
0 mo z " (/)
I- l;:i
N89'37'47"wl I l-81.6;- -...,ii,_ 1· ~ . N89'37'4J;~371JJ~~o· 144.83' N :... -1?z i ~ ~ . 68,83' ~ j-(_1) 32,17'-~---. _! I N 12.5r0'~7.:,--,...,,.,l,<~\;l;~1 ~ b ~ ,.,.,
1 "'. X "'-- .. _u_ 49 .00' _...,,.. -L I .. -~ 52 oo· -- I I · N 'r n' 0 :
1 1
-l ✓/32.1 r / ll~ / ~ / NB9"37'47;~0.s1:53,oo/r@~/ ~ --.._"- ~ ,; 1~~c5 111- - 1 \ \-.~ ~~l..=-..=- ~ ~ ~w- ~ ~ § 40ol~o.FT. :1 1 : ~ ;· f L
9 ~~ ~ : ,: 400/~Q.FT. ~ z
L-g~ .....
\ ;
I If - 52.00' I_ J .L:::..--1 I 52.0ff I 49.00' I' N I \\ N31'51'38''W ,::L:, N '· SEE DETAIL "E" SEE DETAIL ~F-" I 'I \ ' I 11 !,fi- ~ - - - 1-t- - -L~I -;.... ~ ~ -;.... ~SHEET 8 SHEET 9 ----' 11 I i:::J ~ \f;:j I i
I .L ,- - - - 4 \ C4 / I ~ I ~ (RAD). ~ ~ . I l / ;; \ I I ii

1... .. ······· ---- CJ , LOT "F" '<I' 1'32'36'05"~ I
1 • z , 00 00 ~"",.:;,_ _____ ;_;,Ns,;;,,;9:;,_·3...;7_'4...;7_",;.;_w--'7'-'-7..:.;.o:.:oc..' -.:,-i -'-.........._._:::.,~.,J/_ ·, ( .. -, 11 N89"37'47"W n.oo· ""· ,'RAD,1 ~ coi st .1 I I , · 3124 SQ FT 'I.() m I'- -··· _ _ 1- ·~ 11 25 26 27 _L,J
i'..,
'\
l
21 5061 SQ.FT.
0 1 \ .,,,-.=9_ .66' , I ( I , /
\ i \ /~/ 49.05'
. .::,\ '-, ---~ ;r '·,s, -'-.. -......_ ,S, sJ., ......_, LO \-'5?..r,1\ ------ ...J
;r,_ r; 20.58',.., .;-
0)
q
N 00
_w
h
N
N
b
0 z
~ g; . . ~ 4' -I i-- , gl L - =- -c;;~ J - - J
22 ~ 23 ~ 24
1 ~
0 -_ ~r~ ........... __ _ :..,,
w
4345 SQ.FT. t0 4265 SQ.FT. 'h 4561 SQ.FT.
~
<'I N
4' <N r-;
4269 SQ.FT, ~ 4269 SQ.FT, ~ 4350 SQ.FT.
00 20· °' 20' I o 77 ~
,- I ~ 4789 SQ.FT.
b b 0 0 z z

52.00'
i ~z· iol,,.<_!1-v--~-- I - ----~ I §
- L::J ) I 53,00' \ 52,00' \ 44.0Cl' ~1/1 89.50' \

52.00'
236,39'
N89'37'44"W 246.05'
261.68'
\ 53,00'
LOT "MM"
4801 SQ.FT.
//
I , 1J I I
: \ l 4o,oo' 1 1.
-
---·
r-.:__.2_5.29• \ 1 630.21 •
I 81 \ }'-l /" N89'37'44"W 655.50'
---=7
\ (C)! .. I") /
- ~~ ~ ~ 1::1 / .• ---....SiJl----~ b / ~-
Ji /
-.....I.....- I
N89'37'44''W 865.07'
LOT "CC"
22133 SQ.FT.
582,81'

2.015 AC.

N89'37'44"W 874.86'
"·----~ MATTHEW DRIVE
76 4789 SQ.FT.

89.50' )
70 69
1-
w w
I
en
w w
(J)
Item 1J - Page 14
TOTAL ACREAGE:

NUMBER OF LOTS;

15.16 ACRES
80 NUMBERED
27 LETTERED

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA NOTES: TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M. FOR VICINl1Y ~1.AP, MONUMENT NOTES AND EASEMENT NOTES, SEE SHEET 2.

FOR BASIS OF BEARINGS, SURVEYOR'S NOTES, BOUNDARY
AND INDEX MAP, SEE SHEET 3.

STANTEC CONSULTING SERVICES INC. JANUARY, 2023
c--.
'.0
) a
47 4355 SQ.FT.

I "'~
"
LOT "M" __ L
3253 SQ.FT. I
45 I
I
c.o
~•1
1 ~~~g~
1 ----N8-9-.3-7-'4_7_"W __ 8_9-.0-0-,-----,~i
_J_ "',ril 48 g 6
. ~ v . 0
:1 J.u I 4005 SQ.FT. ~ z
~ n
51 6327 SQ.FT.
&
,t.u
<:o. /'lire,
"?~
i:!fj
SEE DETAIL "G" ~­
SHEET 9 --"" I - - - r--__ 'I,--:=--_-=--- J-
I- -------<--I w

89.00' 69.86'
w :r::
(f)
w w
(f)
44 73
:~ -· J

12.5' 12.5' al_,
o!- 4'
oil 0

77.00'
N89" 3 7' 4 7''W
49 4080 SQ.FT.
.... "' I o N58'08'22"E :..i,
\ #.1 ,,,-/ _ (RAD~ _l_

75.84'
0 0
I')
lf)
158.86'
50 81.86'
t; 4291 SQ.FT.

J

67.50'
. l / N89'37'47"W 350.00' )
~ \ r[B--/ /-ill-/
179.00'- -j ( 157.00'
_fl
1 ,,,-,,..,. .. ,so.oo· . -
1 LOT "8"
27780 SQ.FT.

N89'37'47"W 350.00'
7 71)
•L
SEE

81.50'
LOT "!"
0 N
65 /
LOT "GG"_-,/
1199 SQ.FT.
61 LOT "AA"

1.456 AC.
7 52
4521 SQ.FT.
53 4196 SQ.FT.

N89'37' 47"W
60 0
SCALE: 1 "=30'
fAsr P ~LM
59 SHEET
O')
_J
30 LOT "/\"
,...

I
54 4004 SQ.FT.

NO.

L1
L2
L3
L4
L5
l6
L7
LB
L9
L10
L11
L12
LD
L14
L15
L16
L17
L18
i..19
L20
L21

UNE TABLE
BEAR!NG
N00'22' 13"E
N09'08' 42"E
NOff25'30"E
N17'13'55"E
N26'38'59"W
N89'37'47"W
N72"46'32"W
N00'22'13"E
NOff22'13"E
N17'13'28"E
N08'45'44"E
N89"37' 47"W
N09"08' 42"E
N09"08' 42"E
N80'51 '19"W
N09'08'42"E
N 17'13'34 "E
N89"37' 47"W
N87'58'50"W
N89'37' 47"W
N72'46'32"W
55 4004 SQ.FT.
,:, ---,
,.J I
7 LHJGTH

30.22'

45.13'

24.21'

30.51'

25.99'

1.53'

0.96'

20.71'

5.00 25.00'

27.50'

25.00'

22.43'

23.06'

25.00'

22.32'

10.11'

23.91'

44.52'

16.50'

62.49'
56 4672 SQ.FT.

I
I
SHEET 6 OF 9 SHEETS

CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 130.00' 14"02'52" 31.87
C2 130.00' 14"02'52" 31.87'
C3 130.00' 16'51'15" 38.24'
C4 130.00' 05"16'23" 11.96'
C5 130.00' 08'46'29" 19.91'
C6 130.00' 15"29' 42" 35.16'
C7 130.00' 01·21 •33" 3.08'
C8 110.00' 14'02'52" 26.97'
C9 21.00' 23"04'26" 8.46'
C10 29.00' 23'04'26" 11.68'
C11 150.00' 14·02'52" 36.78'
C12 150.00' 14'02'52" 36.78'
C13 150.00' 00'10'49" 0.47'
C14 150.00' 10'09'47" 26.61'
C15 150.00' 03'42'16" 9.70'
C16 110.00' 14'02'52" 26.97'
C17 110.00' 11·02·21" 21.19'
C18 11 o.oo· 03°00 31 5.78'
C19 150.00' 16'51'15" 44.12'
C20 7.50' 32'13'51" 4.22'
C21 7.50' 45·05'35" 5.90'
C22 7.50' 25'57'25" 3.40'
C23 7.50' 26'57'53'' 3.53'
C24 110.00' 09°52'38" 18.96'
Item 1J - Page 15
TOTAL ACREAGE:

NUMBER OF LOTS:
\­Lu
LiJ
I
U)
--~-·-·-··--
44 74
75 i5.16 ACRES
80 NUMBERED
27 LETTERED
N
0 I!)
0 N
J,u
!")
"I
N
b
b
N
0 0
N
lfl
0 0
N
lfl
0 -zo
0 N
I{)
NO.

L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
J

LINE TABLE

BEARING LENGTH
N30"40'39''E 19.89'
N83'14'03"W 22.26'
N00'25'30"E 24.21'
N87°58'50"W 44.52'
N1 Tl 3'28"E 12.50'
N68'42'45"E 13.53'
N1o·oo·oo"w 27.15'
N89'37'47"W 25.00'
N00'22'13"E 25.00'
N44"50'02'W 31.43'
N43'22'58''W 23.39'
SEE 49 50
I
J

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION .30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.

STANTEC CONSULTING SERVICES INC.

NOTES:

FOR VICINITY MAP, MONUMENT NOTES AND EASEMENT NOTES,
SEE SHEET 2.

FOR BASIS OF BEARINGS, SURVEYOR'S NOTES, BOUNDARY
AND INDEX MAP, SEE SHEET 3.

JANUARY, 2023
SHEET
LOT "HH"
__j
/ io7-,_../
,/L..'.:..l
J
I
/ I N89'37' 4 7"W 350.00'
179.00~.---- ....:.~
N89'37'47"W 350.00' ' I ,,,
I

77.00'
72 4004 SQ.FT.

N89'37'47"W 77.00'
71 4004 SQ.FT.
4' ~·
-;....
,.
0 ~ I~
\
\:_·~t
.w
;.,.,_ r')
- n coo· oro ~q~ o· • <')
"I lQ • <D N ~ ll) 0, lfl --~I
,w .w Oi
,.,., I')
~I -N N "I N
b b 0 0 z z
I I
LOT "B" //
27780 SQ.FT. /,,~-
1 81.50' /
/

69.00'
65 N04'32'27"E
-= J_RAO) ---,\
-----~, \
4003 SQ.FT. I.()
N89'37'47"W 77.00'
66 4004 SQ.FT.

Cl
' OT "GG"

44.00'
61 4340 SQ.FT.
'
;,--
\ N89'37'47"W 149.00'
.w
!")
N N
b
0 z
60 4004 SQ.FT.
~ I I - - - - -11, j_
w
h ...

N
N
0 0
z
59 4093 SQ.FT. ~I
lt)
N
co
I.()
22'
w • ,...,
- /-
c-, I I - 52.00' - ......
~---N_8_9_"3-',7_'4_7_"W_...c.7..c.,7...;.0..c,O_' --~ / ~ I I _I ,.-.22·17' N89' 37' 4 7''W 77 .00' t z I I
N89"37'47"W 111.49' ~ /

79.33' ~ I
70 12.so·-4:± : __ • -- ;~+,-12.so· 67
1 I I 8 . · . ~ I !1 4004 SQ.FT. 4004 SQ.FT. 1 , I N r--- r-- N I I ' l{) - - ti)
i i ~ / _ \~ I /
1 Ii / ~ I I '
0 0
c--i
I.()

52.50' I ·---·---.. --·i;;··-. .,,
fsl/ 6.99 ' t7
~ / tO j,
N69'14'06"E . / 0 7 V1
(RADf P.R.C.' 8 w( GI
L4 I-;_.

N
~
I'-
w • ,,.,
~
N
N
1b ,o
N89"37'47"W 77.00' . ! ----. / . . / I: N89'37'47"W 77.00' N -------~--_..:.:;:::.:::..::::.:......:.:.....:.:__~.::::::::.....i..~,-'-..:::a,Y-;_ ~, -=----'--"--.c.;,,::;_::..::.:...:..:....;.:_:..;_;,:::.:;._ __ -:::o..ilfl SEE DETAIL "J" ! ·~ ~ I - - I - ' ;i
62 4561 SQ.FT. 63
4265 SQ.FT.

N q
N co id . := I et; !,.
64 ~ 0.qo.
w w
U)
76 SHEET 9 -.... .:--L - - ~ !rl ___ ...J
69 4789 SQ.FT.

I')
-N
N
b
0 z
68 4789 SQ.FT.
!-.J
r')
...

N
N
b
0 z
...

N
N
b
0 z
• -st ,.....,
~;:!: 1gi~ 4306 SQ.FT. "" 2 I$
b ~
0 z
I
II \'L--~3~0.~~~-~.~-
-==------''--------8::.:9:..:.·::.:so::..' ______ .._t ______ ___c;s:.::::9.:.::.s~o_· ______ ...J!.---;;-~;::'.4;4::_.o::;o-:...' __ -1::_ __ ...:5::.:2~.o~o;..·---.JL---i:5f2.:,25!:!,0' ___ ~\•1N85•40'58 E 630.21'
N89'37'44"W 655.50'
/// -··---
LOT "cc"
22133 SQ.FT.
582.81'
N89'37'44"W 865.07' /
MATTHEW DRIVE __ __,,.,.,/·

2.015 AC.

N89'37' 44"W 874.86'
NO.

C1
' C2
i C3
i C4
C5
C6
C7
C8
C9
C10
C11
C12

CURVE TABLE
RADIUS
130.00'
130.00'
130.00'
130.00'
130.00'
130.00'
130.00'
110.00'
110.00'

7.50'
102.00'

35.00'
57 4809 SQ.FT.

DELTA
14'02'52"
14'02'52"
15·51'15"
15"29'42"
01·21 '33'
13°03'39"'
15"44'43"
04•10'14"
14'02'52"
45'05'35"
02'21'09"
20·00'35"
LENGTH

31.8.7'

31.87'

38.24'

35.16'

3.08"

29.63'

35.72'

8.01'

26.97'

5.90'

4.19'

12.22'
56 6
SHEET 7 OF 9 SHEETS

CURVE TABLE
NO. RADIUS DELTA LENGTH
C13 152.00' 08'20'23" 22.12'
C14 7.50' 39·22•57" 5.16'
C15 7.50' 68'51 '53" 9.01'
C16 148.50' 02'31 '55" 6.56'
C17 29 .. 50' 30'41'26" 15.80'
C18 30.50' 52'13'39" 27.80'
C19 24.50' 18"22'02" 7.85'
C20 35.00' 39·22'22"' 24.05'
C21 20.00' .32"01 • 12" 11.18'
C22 107.50' 15'19'42" 28.76'
C23 30.00' 48'26'04" 25.36'
30 15 0 30
SCALE: 1 ":::30'
Item 1J - Page 16
TOTAL ACREAGE:

NUMBER OF LOTS:
4 5

15.16 ACRES
80 NUMBERED
27 LETTERED
4'
DETAIL "A"
7 3
6 ~EESHEIT-4--------------------------~
11 12
13 DETAIL "B"
-r-····
I
7 LOT "E"
LEE SHEETS 4 & 5--- --- --- ___ 1_4 ___ --- ------ ~

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDIVISION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.

STANTEC CONSULTING SERVICES INC. JANUARY, 2023

LINE TABLE
NO. BEARING
L1 N00'22'13"E
L2 N00'22'13ffE
L3 NOff22'13~E
L4 N89'37'47"W
L5 N89' 3 7' 47"W
L6 N89" 3 7' 4 7"W
L7 N00"22'13"E
L8 N89'37' 47"W
L9 N00'22'13"E
L10 N00'22'13"E
L11 N89'.37' 47''W
N.T.S.

N? • LOT "AA" --- <1s,,., 1 <6" /15.?5• B.<1,5· W I ·,
, 12.?o•
39 ~.~
/' J'/q,:-:?
1 /"")·0
I rvP
$. ('I
I_ .. Ii
~I N N I ,
~, / I I\.,
r/ 1~2
~N
Nc,
I I ~
! ! I
_L ~~~; 5:J..i _ / __ 1
/
r,- TNsg·37'47•w 45.oo· /;,/- ---71
LENGTH

16.50'

16.50'

12.00'

5.00'

5.00'

5.00'
40 12.00'

5.00'

16.50'

16.50'

11.00'
DETAIL "C:-7
SEE SHEET 4
11 / I
-----------'-,_-+--,_-_-_-_-+-----/ / ....--~~+-------
' -1 i c~-­
38 : :1 J/\,

IZ // I
I ~---
1 _ _/.::.. o7.oo:_ 12.so· 12.so·
\ .._____ 25.00' ---
'·--- Ns9•37' 4 7"W 53.00'
LOT "N"
81 fli I
---wi ,
:::i1
h1
81 "~--_;i 1-- 4'
'r---

10.00' \ 1 I
-, /
I .--
---- 4
I
41 L - - - _------0-----1--+-----_J
SHEET 8 OF 9 SHEETS
NOTES:

FOR VICINITY MAP, MONUMENT NOTES AND EASEMENT NOTES,
SEE SHEET 2.

FOR 8.ASIS OF BEARINGS, SURVEYOR'S NOTES, BOUNDARY
AND INDEX MAP, SEE SHEET 3.
7 19
LOT "F"
DETAIL "D"
LEE SHEET_5 __ --- --- --- __
2 _
2 ___ --- --- --- ~
LOT "G"
_L
\
\ \
~~
. (
\ '
\ \ \ '
\ \
'r
·;;.
29 26
1 I --
' .tj-
r 4•
I
j
7 28
27 DETAIL "E"
SEE SHEET 5
L ___ ------ ------ ------ ------ ---~
Item 1J - Page 17
TOTAL ACREAGE:

NUMBER OF LOTS:

15.16 ACRES
80 NUMBERED
27 LETTERED
7 ,,,-----0-------------------+--l I---.---------
78 L
DETAIL "F" 77
I
r 4•-;
j
-r
·~ I. ..

LOT "H"
·-.... ~
--~~
75 76
LEE s~~ET _5 __________________________ _J
i
LOT "K" ~/
J
58 '(
[fil
I I
//
57 IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 36969
BEING A SUBDMSION OF A PORTION OF SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.8.M.

STANTEC CONSULTING SERVICES INC. MAY, 2022
7 51
52 50
53 "•,~-----.. fsl_ -~ 7..::J --..... • ..

LOT "L" I
I
I r--- 4·
....... - - - i '-------0---......

L --- --- --- --- --- __ .... _ ... _ --- --- --- --- _J DETAIL "H" 7
SEE SHEETS 6 & 7
NO.

L1
L2
L3
L4
LS
L6
L7
L8
L9
L10
L 11
L12
L 13
L14
L15
L16
L17
L18
i 19
L20
L21
L22
L23

LINE TABLE

BEARING
N00"22' 13"E
N00"22' 13"E
N00'22'13"E
N89'37'47"W
N89' 37' 4 7"W
N17'13'28"E
N72'46'33"W
N17'13'34"E
N72'46'29"W
N89"37'47"W
N89'37'47"W
N89' 37' 4 7"W
N34"47'24"E
N00"22'13"E
N00'22'13"E
N34'47'24"E
N72"46'26"W
N17'13'28"E
N89'37'47"W
N72'46'33"W
No·22·1o·E
N89"37'47"W
N72'46'33"W
LENGTH

16.50'

16.50'

12.00·

5.00'

5.00'

7.53'

16.50'

22.02 5.02'

16.50'

16.50'

12.00'

11.97'

5.00'

5.00'

21.05'

3.86'

14.00'

10.86'

9.15'

3.60'

8.15'

8.25'
~
I
N.T.S.

L ------ --------------- ------------------___ J
61 62
DETAIL "I"
I
4' 7
SHEET 9 OF 9 SHEETS
NOTES:

FOR VICINITY MAP, MONUMENT NOTES AND EASEMENT NOTES,
SEE SHEET 2.

FOR BASIS OF BEARINGS. SURVEYOR'S r,OTES, BOUNDARY
AND INDEX MAP, SEE SHEET 3.
7 60
J_ 7 --· -
LOT ,. J"
~ ' ' ...Jo '-...._ L 1
q \ -~---7g_,_
I :C: \ , 2
-- N89'37'47''W ~32.17' +-... 1
-~----..l..:---1 _, ____ - - - !,_)
SEE SHEET 7 63
L ____________________ _J
7 LOT "I"
1-.- - -----[§}--
4• ~I
70 67
69 68
DETAIL "J"
I SEE SHEE'T 7 _J

L --- --- ------ ------ --- --- ---

Attachment C
Item 1J - Page 18
Item 1J - Page 19
RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:

City of Palm Springs
P. 0. Box 2743
Palm Springs, CA 92263
Attn: Office of the City Clerk

SPACE ABOVE FOR RECORDER ONLY
FIiing fee EXEMPT per Government Code 6103

SUBDIVISION IMPROVEMENT AGREEMENT
EHOF CANYON VIEW, LLC a Delaware Limited
Liability Company
and
The City of Palm Springs, California

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)
Item 1J - Page 20

TABLE OF CONTENTS
1,. Construction ObHgations ................. , ... , .. .,..., .. t+., .............................................................. , •••••••.•........ 1 1 .1 Works of Improvement . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1.2 Other Obligations Referenced in Conditions of
Tentative Map Approval ............................................................................. 2

1.3 rntent of Plans ..... --~ .................. """ .... 4 •1•········ ...... r• r•• ......................................... .,.4 •1. 2

1.-4 Suf'V'ey Monuments ...................... + ......................................... , ................................................ 2

1.5 Performance of Work ................................................................................. 2

1.6 Changes in the Work ................................................................................. 2 1 . 7 Defective Work .......................................................................................... 3

1.8 No Warranty by City ................................................................................... 3

1.9 Authority of the City Engineer .................................................................... 3

1.1 o Documents Available at the Site ................................................................ 3

1.11 Inspection ....................................... 4 ......... ~ ................................................ 4 ................... 3 1 .12 Compliance with Law ................................................................................. 4 1 .. 13 Suspension of Work ................................................................................... 4

1.14 Final Acceptance of Works of fmprovement .............................................. 4

2.1 Commencement and Completion Dates .................................................... 4

2.2 Phasing Requirements ............................................................................... 5

2.3 Force Majeure ............................................................................................. 5

2.4 Continuous Work ............ ,.. .............................................. •1 ~i ··••+• •••••••• + ................ •-t+• ... 5

2.5 Reversion to Acreage ................................................................................. 5

2.6 Time of 1:h:e Essence .... L• .......... , .. ·4··········· ................................... •-t ••••••••••••• 4 ............... 6

3. Labor ..................................................................................................................... 6

3.1 Labor Standards ........................................................................................ 6

3.2 Nondiscrimination ., ........................................ ··········· .... ~-.. LP.a.a ........................................... 6

3.3 Licensed Contractors ................................................................................. 6

3.4 Workers' Compensation ............................................................................. 6

4. Security .................................................................................................................. 6

4.1 Required Se-curity ....................................................................................... 6

4.2 Form of Security Instruments ...................................................................... 7 4 .3 Su bdivider's Liability .................................................................................. 8

4.4 Letters of Credit ......................................................................................... 8

4.5 Release of Security Instruments ................................................................ 9 Item 1J - Page 21

5. Cost of Construction and Provision of Inspection
Service ... r• ..................• 4 •........... ~-................... + .. ~, .................................................. ···~ ... -~ .............................. ·•• 9

5.1 Subdivider Responsible for All Related Costs of
Construction ............................................................................................... 9

5.2 Payment to City for Cost of Related rnspection
and Engineering Services ........................................................................ 1 O

6. Acceptance of Offers of Dedication .................................................................... 1 O

7. Warranty of Work.......... . . . . . . .. . . . . . . . .. .. . . .. . .. . . .. .. .. . . .. . . .. . . . .. . . .. . . . . . . . . . . . . . .. . . . .. .. . .. . .. . . . . . . . 1 O

8. Default .......................... ,..~+~+••··············• ....................................................................... ., .......................... 10

8.1 Remedies Not Excrusive ........................................................................... 1 o

8.2 City Right to Perform Work ....................................................................... 1 O

8.3 Attorney's Fees and Costs ....................................................................... 11

9. Indemnity ............................................................................................................ 11 1 O General Provisions .. .. .. . . . . . . . . . . .. .. .. .. . . . .. .. .. .. .. . . . . .. .. . . .. .. .. .. . . .. . . . . . . .. .. .. .. . . . .. .. . . . . .. . . . . .. . 11

10.1 Successors and Assigns .......................................................................... 11

10.2 No Third Party Beneficiaries .................................................................... 11

10.3 Entire Agreement; Waivers and Amendments ......................................... 11

11. Corporate Authority· ................................... ~··········· ......................................... ~ ...... ,. ~••1 ••••••••• ·••t 11 2 Item 1J - Page 22

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this _____ day of _______ , 2023, by and between the CITY OF PALM SPRINGS, a California charter city ("CITY"), and EHOF CANYON VIEW, LLC a Delaware Limited Liability Company (Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map for Tract Map No. 36969 located in the City of Palm Springs, County of Riverside, State of California (the "Property"), as described on Exhibit "An. The map contains conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".

B. Pursuant to the Conditions, Subdivider, by the Map, has offered dedication to the City of Palm Springs: An easement for public utility and sanitary purposes, together with the right of ingress and egress for service and emergency vehicles and personnel, over lots "A" through "C" inclusive and; An easement for public purposes shown as 10' PUE, for public utility and sanitary purposes along and adjacent to lots "A" through "C" inclusive.

C. Subdivider has delivered to City and City has approved plans and specifications and related documents for certain "Works of Improvement' (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.

D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving the final map for the Property and permitting development of the Property to proceed.

COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.

1. Construction Obligations.

1.1 Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer and other improvements (herein sometimes collectively referred 1 Item 1J - Page 23
to as the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth herein (said plans and specifications, together with all related documents, are referred to herein as the "Plans"). The estimated construction cost for the Works of Improvement is $ 1,400,000.00.

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the Tentative Map for the Property. The conditions of approval associated with the Tentative Map are included as Exhibit "B" attached hereto.

1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer (or his/her designee) and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for the contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or Subdivider's contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4 Survey Monuments. Before final approval of street improvements, Subdivider will place survey monument(s) as shown on the Map in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Palm Springs. Subdivider shall provide security for such obligation as provided in Section 4.1 (a)(iii) and, after setting the monument(s), Subdivider shall furnish the City Engineer of the City of Palm Springs written notice of the setting of said monument(s) and written proof of having paid the engineer or surveyor for the setting of said monument(s).

1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
2 Item 1J - Page 24

1.6 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer.

1. 7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

1.8 No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.

1.9 Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.

1.1 O Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.

1.11 Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the contractor at any time before acceptance of the Works of Improvement shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City's inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
3 Item 1J - Page 25
The inspection of the work by City shall not relieve Subdivider or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12 Compliance With Law. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations.

1.13 Suspension of Work. City Engineer shall have authority to order suspension of the work for failure of the contractor to comply with law pursuant to Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable drainage and erect temporary structures where necessary.

1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the inspector to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the contractor of such items. After the contractor has completed these items, the procedure shall then be the same as specified above for the contractor's initial request for final inspection. If items are found by City's inspector to be incomplete or not in compliance after two (2) "final" inspections, City may require the contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time.

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by City is made. Final acceptance shall not constitute a waiver by City of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

2. Time for Performance.

2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (ii) complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. Extensions of time for completion of the 4 Item 1J - Page 26
Works of Improvement may be granted upon demonstration of good cause, subject to review and approval by the City Council.

2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.

Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer or his designee, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to his satisfaction.

2.3 Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. City Engineer shall evaluate all claims to Force Majeure and his decision shall be final.

2.4 Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

2.5 Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Sections 66499.11-66499.20-3/4. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16 Subdivider hereby consents to reversion and 5 Item 1J - Page 27
agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.

2.6 Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement,

3. Labor.

3.1 Labor Standards. Subdivider shall be responsible for causing all contractors and subcontractors performing any of the Works of Improvement to comply with all applicable federal and state labor standards, including to the extent applicable the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor.

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

3.3 Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed.

3.4 Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
6 Item 1J - Page 28

4. Security.

4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $51700,00.00 equal to 100% of the estimated construction cost referenced in Section

1.1. (ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $2,850,000.00 equal to 50% of the estimated construction cost referenced in Section 1 .1.
(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $75,000.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $855,000.00 equal to 15% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1 (b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key 7 Item 1J - Page 29
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of M, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Palm Springs, State of California (and the Security Instrument shall so provide). {ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
{iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.

4.3 Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.

Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (1 O) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
8 Item 1J - Page 30

4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) subject to the following sentences after passage of the time within which lien claims are required to be made pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
9 Item 1J - Page 31
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, provided no claims are outstanding at that time regarding defective work.

5. Cost of Construction and Provision of Inspection Service.

5.1 Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the works.

5.2 Payment to City for Cost of Related Inspection and Engineering Services.

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City Council. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.

7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall 10 Item 1J - Page 32
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

8. Default.

8.1 Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, such remedy shall be in addition to, and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

8.2 City Right to Perform Work. In addition to whatever other rights or remedies it may have for Subdivider's default hereunder, in the event Subdivider shall fail to timely perform any work required to be performed under this Agreement and such failure shall continue for a period of twenty (20) days after receipt of written notice of default from City, or thereafter Subdivider shall fail to diligently and continuously pursue the cure of any such default to completion, City shall have the right to enter into the Property and perform any of the uncompleted work by force account or contract or both and thereupon recover from Subdivider or any Security Instrument, or both, the full cost and expense thereby incurred by City.

8.3 Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City and City's officers, employees, and agents from and against any and all claims, liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's failure to perform the construction and installation of the Works of Improvement in accordance with the requirements contained or referenced in this Agreement. Said indemnity obligation shall apply to personal injury, death, property damage, economic loss, and any other monetary damage or penalty to which City may be subjected, including without limitation, attorney's fees and costs and the costs of realizing on any Security Instrument provided by Subdivider pursuant to the terms hereof. Such 11 Item 1J - Page 33
indemnity obligation shall not extend to any loss resulting from City's sole negligence or willful misconduct.

10. General Provisions.

10.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof.

10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

10.3 Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.

11. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant the (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound .
.......
(Signatures on Next Page)
12 Item 1J - Page 34
By:

IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Improvement Agreement as of the date first above written.

ATTEST:

CALIFORNIA
By ____________ _
Brenda Pree, City Clerk
City of Palm Springs
APPROVED AS TO FORM:

Jeff Ballinger, City Attorney
City of Palm Springs
SUBDIVIDER:

CITY OF PALM SPRINGS,
Teresa Gallavan, Interim City Manager
City of Palm Springs
EHOF CANYON VIEW, LLC a Delaware Limited Liability Company Check one: _Individual _Partnership _Corporation*_Company *Note, for Corporations, two corporate officers must sign this Agreement, as indicated below; for all others, authorized agents must sign this Agreement. €.4~ By: S~zed)
06C,4 -,.. 11'..4 :, &:' ~2- Name; ___________ _ Name:___.A;...aw.-.iT ....... tlD~N=-1-1.....;A...;...o.:..;.( .;;;;..:Lk....;..___ Title: _ ____;;C;;;...._00 _______ _
(For Corporations, this document must
be signed in the above space by one of
the following: Chairman of the Board,
President or any Vice President)
Mailing Address:

Title: __ ----:::(.;::::;..e_O _____ _
For Corporations, this document must be
signed in the above space by one of the
following: Secretary, Chief Financial
Officer or any Assistant Treasurer)
13 Item 1J - Page 35
EHOF Canyon View, LLC
770 Tamalpais Drive, #4018
Corte Madera, CA 94925
~ 561 _0600
(_) _-_ (fax)
14 Item 1J - Page 36

ALL-PURPOSE ACKNOWLEDGMENT
State of --'-""""'~il!.L.,l,~.w-------County of _........,"'f-1-'......._ ______ _ On -!.ddd.f;l-(4.',).{..~~l:L before me, -rFAl .. .,,..I_ I Date , me, Title of Officer
personally appeared /JnfJ,uw IJVJJ44tdlh:Jtc~k.
. MAME(S) OF SIGNER(srr­
G personally known to me -OR -
c proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons(s) acted, executed the instrument.

Witness my hand and official seal. f e e o o n o e o e a o o f ~ ~ • .. NAYCHRJSTINEBALDWIM
'/t!;~ i _ ~ NotaryMl~~~~:ornll I
~gnature of Notary eommtuton, 2375019 •
• My Comm. Expires Sep 13, 2025

CAPACITY CLAIMED BY
SIGNER
G INDIVIDUAL($) _
GCORPORATE C!i:;IJ
OFFICER(S)---=-:CCJ::;...:Oi,:;;_. · __ _

TITLE(S)

GPARTNER(S)

GA TTORNEY-IN-FACT
G TRUSTEE($)

GSUBSCRIBING WITNESS
GGUARDIAN/C0NSERVAT0R
G0THER
SIGNER IS REPRESENTING:

ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE

MUST BE ATTACHED

TO THE DOCUMENT
DESCRIBED AT RIGHT:

Title or Type of Document ---------------
Number of Pages __ DATE OF DOCUMENT _______ _
Si ner s Other Than Named Above
15 Item 1J - Page 37
EXHIBIT"A"
TRACT MAP 37706 LEGAL DESCRIPTION
Tract Map No. 36969, as recorded in Map Book __ , Pages __ through __ inclusive, records of Riverside County, California.
16 Item 1J - Page 38
EXHIBIT"B"
TENTATIVE TRACT MAP 36969 CONDITIONS OF APPROVAL
17 Item 1J - Page 39
0 RESOLUTION
NO
. 24265,
24266,
24267
and
24268

EXHIBIT
A

CONDITIONS
OF

APPROVAL
Case

5.1384
PD-381
GPA/3.3902

MAJNTTM
36969
SUMMIT
LAND

PARTNERS
ON
BEHALF
OF
EHOF
CANYON
VIEW,
LLC

SOUTHWEST
CORNER
OF
EAST
PALM
CANYON
DRIVE
&

MATTHEW
DRIVE
July
5,
2017
Before
final
acceptance
of
the
project,
all
conditions
listed
below
shall
be
completed
to
the
satisfaction
of
the
City
Engineer,
the
Director
of
Planning
Services,
the
Director
of
Building
and
Safety,
the
Chief
of
Police,
the
Fire
Chief
or
their
designee,
depending
on
which
department
recommended
the
condition
.

Any
agreements,
easements
or
covenants
required
to
be
entered
into
shall
be
in
a
form
approved
by
the
City
Attorney
.

ADMINISTRATIVE

CONDITIONS
ADM

1. Project
Description
.

This
approval
is
for
the
project
described
per
Case
(5
.1384
PD-381/3
.3902

MAJNTTM
36969),
except
as
modified
with
the
approved
Mitigation
Monitoring
Program
and
the
conditions
below.

ADM

2. Reference
Documents.

The
site
shall
be
developed
and
maintained
in
accordance
with
the
approved
plans,
including
site
plans,
tentative
tract
maps
, architectural
elevations,
exterior
materials
and
colors
, landscaping,
and
grading
on
file
in
the
Planning
Division
except
as
modified
by
the
approved
Mitigation
Measures and
conditions
below.

ADM

3. Conform
to
all
Codes
and
Regulations.

The
project
shall
conform
to
the
conditions
contained
herein,
all
applicable
regulations
of
the
Palm
Springs
Zoning
Ordinance,
Municipal
Code,
and
any
other
City
County,
State
and
Federal
Codes,
ordinances,
resolutions
and
laws
that
may
apply.

ADM

4. Minor
Deviations
.

The
Director
of
Planning
or
designee
may
approve
minor
deviations
to
the
project
description
and
approved
plans
in
accordance
with
the
provisions
of
the
Palm
Springs
Zoning
Code
.

ADM

5. Tentative
Map.

This approval
is
for
Vesting
Tentative
Tract
Map
36969,
date
stamped
April
10,
2017
. This
approval
is
subject
to
all
applicable
regulations
of
the
Subdivision
Map
Act,
the
Palm
Springs
Municipal
Code,
and
any
other
applicable
City
Codes,
ordinances
and
resolutions.

Item 1J - Page 40
0 Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval
Page2
ADM 6. Indemnification. The owner shall defend1 indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1384 PD 381 ZC / 3.3902 MAJ/ VTTM 36969.

The City of Palm Springs will promptly notify the applicant of any such claim, actiont or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 7. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 8. Time Limit on Approval. Approval of the Planned Development District (PD); Vesting Tentative Tract Map (VTTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the POD and MAJ may be granted by the Planning Commission upon demonstration of good cause.

Extensions of time for the VTTM may be approved pursuant to Code Section

9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval.

ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded.

Item 1J - Page 41
0 Resolution No. 24265, 24266, 24267, and 24266
ConditiOns of Approval
Page3
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1 /4% for residential projects with first $100,000 of total building permit valuation for individual single~family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan).

ADM 12. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded.
c. Provisions for joint access to the proposed parcels, and any open space restrictions.
d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest.

Approved CC&R's are to be recorded following approval of the final map.

The CC&R's may be enforceable by the City, shall not be amended Item 1J - Page 42
Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval
Page4
0 without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 13. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes.

ADM 14. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project.

ADM 15. Community Facilities District {CFO). The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval.

ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP.

ENV 2. The applicant shall be required to prepare a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities on the site. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be provided to the Agua Caliente Tribal Historic Preservation Office.

ENV 3. Prior to issuance of grading permits, the applicant/developer shall be required to enter into a contract and retain an approved Agua Caliente Native American Cultural Resources Monitor(s) for any ground disturbing activities (including archaeological testing). The Monitor shall be on-site during all initial ground disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. Should buried cultural deposits be encountered, the Monitor may divert, redirect, or halt destructive construction activities to allow for the identification, evaluation and potential recovery of cultural resources in coordination with the Agua Caliente Tribal Historic Preservation Office and an appropriate cultural resources professional. A mitigation plan may be required for treatment of Item 1J - Page 43
0 Resolution No. 24265, 24266, 24267, and 24268
Conditions of Approval