Agenda packet — Palm Springs City Council, February 8, 2024 (part 1 of 3)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

REGULAR MEETING AGENDA

FEBRUARY 8, 2024

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

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

Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).

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

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

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:30 P.M. CLOSED SESSION

CALL TO ORDER:

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

RECESS TO CLOSED SESSION: See Closed Session Agenda.

February 8, 2024 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

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

REPORT OF CLOSED SESSION:

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

1. CONSENT CALENDAR:

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

A. APPROVAL OF MINUTES:

RECOMMENDATION:

Approve the City Council Meeting Minutes of January 11, 2024 and January 22, 2024.

B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

February 8, 2024 City Council Regular Meeting Agenda 3 B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 12-09-23 AND 12-23-23 TOTALING $5,392,962.42 AND ACCOUNTS PAYABLE WARRANTS DATED 12-07-23 AND 12-21-23 TOTALING $15,740,787.40, IN THE AGGREGATE AMOUNT OF $21,133,749.82, DRAWN ON BANK OF AMERICA."

C. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL

ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.

D. APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-CALL TRAFFIC SIGNAL

MAINTENANCE SERVICES FOR THE REMAINDER OF FISCAL YEAR
2023-2024
RECOMMENDATION:

Approve Amendment No. 2 to Contract Services Agreement No. 8865 with St.

Francis Electric, LLC, increasing the maximum annual contract amount by $200,000 for a maximum annual contract amount of $580,000 for Traffic Signal Maintenance Services for the remainder of Fiscal Year 2023-2024; and

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

E. APPROVE THE DONATION OF 755 THEATRE SEATS FROM THE PLAZA

THEATRE TO THE PLAZA THEATRE FOUNDATION
RECOMMENDATION:

Waive the surplus equipment bid and auction requirements of 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 755 Plaza Theatre seats to the Plaza Theatre Foundation;

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

F. QUITCLAIM OF A PORTION OF AN EXISTING PEDESTRIAN ACCESS February 8, 2024 City Council Regular Meeting Agenda 4 F. QUITCLAIM OF A PORTION OF AN EXISTING PEDESTRIAN ACCESS EASEMENT TO ACCOMMODATE NEW PARKING STALLS AT 4057 E. PALM CANYON DRIVE (APN 681-070-034), SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., CASE NO. 3.1358, ENG. FILE R 23-12-4057 RECOMMENDATION:

Approve this Quitclaim of a portion of a Pedestrian Access Easement (PAE) to accommodate new parking spaces. Said PAE resulted from a Right-of-Way vacation of a portion of E. Palm Canyon Drive, per Resolution No. 22155, recorded on March 13, 2008.

1. Direct the City Clerk to complete processing of the attached Quitclaim Deed and cause it to be recorded with the Riverside County Recorder.

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

G. APPROVE AGREEMENT NO. 23C360 WITH FIESTA FORD INC., FOR

AUTOMOTIVE PARTS AND SERVICE
RECOMMENDATION:

Approve Cooperative Purchase Agreement 23C360 with Fiesta Ford, Inc. in the amount of $300,000 to purchase automotive parts and service for an initial three-year term beginning February 12, 2024, continuing through February 11, 2027, with two one-year extension options at the City’s sole discretion;

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

2. H. APPROVE AGREEMENT NO. 23C394 WITH GENUINE PARTS COMPANY DBA NAPA AUTO PARTS INC., IN THE AMOUNT OF $300,000 TO PURCHASE

AFTERMARKET VEHICLE PARTS
RECOMMENDATION:

Approve Cooperative Purchase Agreement 23C394 with Genuine Parts Company dba NAPA Auto Parts Inc., doing business through its approved dealer, Desert Area Corporation, in the amount of $300,000 for the initial term to purchase aftermarket vehicle parts for an initial three-year term beginning February 12, 2024 and continuing through February 11, 2027, with two one-year extension options at the City’s sole discretion;

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

2. February 8, 2024 City Council Regular Meeting Agenda 5

I. APPROVE A LEASE AGREEMENT WITH THE LGBTQ COMMUNITY CENTER OF THE DESERT FOR TENANT SPACE AT 2901 EAST ALEJO ROAD FOR A FOOD

BANK USE
RECOMMENDATION:

Approve a Lease Agreement between the City of Palm Springs and the LGBTQ Community Center of the Desert for tenant space at 2901 E. Alejo Road, Palm Springs, California.

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

J. AUTHORIZE THE DISPLAY OF THE BLACK HISTORY MONTH FLAG AT

CERTAIN CITY FACILITIES IN THE MONTH OF FEBRUARY
RECOMMENDATION:

By motion, authorize City staff to display the Black History Month flag at certain City facilities, during the month of February.

K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P015 WITH BBG, INC.

FOR FACILITY APPRAISAL AND CONDITION ASSESSMENT SERVICES RECOMMENDATION:

Approve Contract Services Agreement No. 24P015 with BBG, Inc., to provide facility appraisal and condition assessment services for a five-year term in an amount not to exceed $450,000 beginning February 12, 2024, through February 11, 2029;

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

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

February 8, 2024 City Council Regular Meeting Agenda 6

2. PUBLIC HEARINGS:

A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2024–2025 ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING; AND REVIEW CDBG

SUBSTANTIAL AMENDMENT TO ALLOCATE FUNDS FROM PRIOR YEARS IN THE AMOUNT OF $129,490.90 TO THE 2023-2024 CDBG PROGRAM YEAR

FOR THE MAJOR HOME REPAIR PROGRAM
RECOMMENDATION:

Open the Public Hearing for public testimony.1.

Review the draft 2024-2025 CDBG Budget and Annual Action Plan and Substantial Amendment and provide direction to staff.

2. Schedule a Public Hearing for March 14, 2024, to approve and adopt the 2024-2025 CDBG Budget and Annual Action Plan and 2023-2024 Substantial Amendment

3. 3. BUSINESS & LEGISLATIVE:

A. INTRODUCE AN ORDINANCE AMENDING SECTION 3.42.020 AND CHAPTER

5.55 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE

TAXATION AND REGULATION OF CANNABIS IN THE CITY
RECOMMENDATION:

Adopt an Ordinance of the City of Palm Springs, California, amending Section

3.42.020 and Chapter 5.55 of the Palm Springs Municipal Code, regarding the taxation and regulation of cannabis in the City.

1. Authorize the City Manager to execute all documents consistent with this Ordinance.

2. B. APPROPRIATE $1,000,000 IN HOUSING SET ASIDE FUNDS FOR

TENANT-BASED RENTAL ASSISTANCE PROGRAM
RECOMMENDATION:

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

February 8, 2024 City Council Regular Meeting Agenda 7

C. APPROVE USE OF OPIOID SETTLEMENT FUNDS FOR THE REHABILITATION

RE-ENTRY PROGRAM, SUBSTANCE MISUSE HARM REDUCTION PROGRAM,

AND TENANT-BASED RENTAL ASSISTANCE PROGRAM
RECOMMENDATION:

Approve use of Opioid Settlement Funds for the Rehabilitation Re-Entry Program, the Substance Misuse Harm Reduction Program, and the Rental Assistance Program.

D. AWARD A SERVICE AGREEMENT FOR ZONING CODE UPDATE SERVICES RECOMMENDATION:

Award a service agreement for zoning code update services with Code Studio, Inc. in the amount of $640,885 for a twenty-month term as outlined in the Agreement included as Attachment A.

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

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

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

ADJOURNMENT:

February 8, 2024 City Council Regular Meeting Agenda 8

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

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on February 2, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
City Clerk

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

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

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

February 8, 2024 City Council Regular Meeting Agenda 9 Thursday, January 11, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, January 11, 2024 , at 5:33 p.m.

PLEDGE OF ALLEGIANCE:

Caiden Vaughan and Jayden Hong, elementary school students, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Ryan Guiboa, City Attorney; Frank Browning, Police Lieutenant; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

City Manager Stiles introduced Wayne Olson, Chief Economic Development Officer.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to accept the agenda as presented (noting a recusal from Councilmember Middleton on Consent Calendar Item No. 1C).

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of January 11, 2024, was called to order by Mayor Bernstein at 4:
01 p.m.

Item 1A - Page 1
CLOSED SESSION PUBLIC COMMENT: Pearl Devers, Williams Lawrence, Karen Sylvester, Matthew Lay, Gloria Holland - Thompson, Gary Grizzel, Stewart Roberts, Wendell Crawford, and Christina Martinez provided oral testimony.

The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1)

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR , Pursuant to Government Code Section 54956.8

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Flinn Fagg, Deputy City Manager
Desert Community College District
Price and Terms

CONFERENCE WITH LEGAL COUNSEL —INITIATION OF LITIGATION , P ursuant to Government Code Section 54956.9(d)(4)

Under existing facts and circumstances, there were two (2) matters.

PUBLIC TESTIMONY:

Al Jones, Carol Tallichet, Bill Wylie, David Norgard, Corey Roskin, Dwayne Ratleff, Joe Agati, David Sidley, Rebecca Olarte, Rosemary Flaherty, Robyn Meltzer, Serena Leiterman, Don Barrett, Gary Maehara, and Nancy Ferguson provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve the consent calendar (with Councilmember Middleton recusing from Item No. 1C).

A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve the City Council Meeting Minutes for December 4, 2023, and December 14, 2023.

Item 1A - Page 2
B. ACCEPTANCE OF A RESIGNATION FROM THE HUMAN RIGHTS

COMMISSION

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to accept the resignation of Edwin Ramoran from the Human Rights Commission effective immediately.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-0-1 (WITH RECUSAL FROM COUNCILMEMBER MIDDLETON), to adopt Resolution No. 25173, entitled, "A RESOLUTION OF THE

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

PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 11 -11-23 AND 11-25-23 TOTALING $5,122,812.01 AND ACCOUNTS PAYABLE WARRANTS DATED 11 -09-23 AND 11 -22-23 TOTALING $17,045,665.81, IN THE AGGREGATE AMOUNT OF $22,168,477.82, DRAWN ON BANK OF AMERICA.”

D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 30, 2023

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2023.

E. A REQUEST BY LORRIE HOEL, ON BEHALF OF PERRY’S PALM SPRINGS, LLC., FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR AN EXISTING LIQUOR STORE, FOR A TYPE 21 LIQUOR LICENSE LOCATED AT 641 NORTH PALM CANYON DRIVE (APN: 505 -302- 006), ZONE PD 48, (CASE PCN-2023-0006)

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to adopt Resolution No. 25174 , e ntitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 21 (OFF -SALE BEER,

WINE AND DISTILLED SPIRITS) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PERRY’S PALM SPRINGS, LLC, LOCATED AT 641 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06.”

F. ACCEPTANCE OF ROAD REPAIRS – GENE AUTRY TRAIL AND INDIAN

CANYON WASH, AND TAHQUITZ CANYON WAY

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to accept the public works improvement identified as road repairs on Gene Autry Trail, Indian Canyon Wash, and Tahquitz Canyon Way, as Item 1A - Page 3
completed in accordance with the plans and specifications; and authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for road repairs on Gene Autry Trail and Indian Canyon Wash, and Tahquitz Canyon Way.

G. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P385 WITH

EVALCORP FOR EVALUATION SERVICES FOR ORGANIZED RETAIL

THEFT PREVENTION GRANTS PROGRAM

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 23P385 with EVALCORP to provide evaluation services for an 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 authorize the City Manager or designee to execute all necessary documents.

H. APPROVE AGREEMENT NO. 23C393 WITH MIRACLE RECREATION

EQUIPMENT COMPANY FOR THE REPLACEMENT OF RUBBER

SURFACING AT SUNRISE PARK PLAYGROUNDS

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve Construction Contract 23C393 with Miracle Recreation Equipment Company for the replacement of rubber surfacing at Sunrise Park Playgrounds for an amount not to exceed $160,155.60; and authorize the City Manager or designee to execute all necessary documents.

I. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 23P382 WITH PHONG K. NGUYEN, M.D. A PROFESSIONAL CORPORATION, FOR

MEDICAL DIRECTOR SERVICES FOR FIRE/EMS

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Professional Services Agreement No. 23P382 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 authorize the City Manager or designee to execute all necessary documents.

J. APPROVAL OF TRACT MAP 36969 AND A SUBDIVISION IMPROVEMENT

AGREEMENT WITH EHOF CANYON VIEW LLC, A DELAWARE LIMITED

LIABILITY COMPANY

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Adopt Resolution No. 25175, entitled “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 Item 1A - Page 4
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.

K. APPROVAL OF TRACT MAP 37726 FOR TIME SHARE PURPOSES FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to adopt Resolution No. 25176 , entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 37726, FOR PROPERTY LOCATED AT 1600 NORTH INDIAN CANYON DRIVE, IN SECTION 2, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”

L. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P395 WITH JNS

NEXT CREATIVE & MEDIA HUB FOR ON -CALL COMMUNICATIONS,

MARKETING, AND SOCIAL MEDIA SERVICES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Contract Services Agreement No. 23P395 with JNS Next Creative & Media Hub to provide on-call communications, marketing, and social media services in an amount not to exceed $350,000 for a three-year term with two one-year extension options at the City’s sole discretion, beginning January 15, 2024, through January 14, 2027; and authorize the City Manager or designee to execute all necessary documents.

M. ACCEPTANCE OF INSTALLATION OF THE PALM CANYON DRIVE

PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS, CITY PROJECT 17-07

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Accept the public works improvement identified as the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07, as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Palm Canyon Drive Pedestrian and Bicycle Safety Enhancements, City Project No. 17-07.

N. APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA
CORPORATION (AGREEMENT A6594), IN THE AMOUNT OF $39,249.56 FOR

THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT AT
TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12-02, FEDERAL AID PROJECT NO. BRLS-5282 (042)

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER Item 1A - Page 5
HOLSTEGE, CARRIED 5 -0, to approve Amendment No. 6, in the amount of $39,249.56, to Professional Services Agreement No. 6594, for a new not -to-exceed amount of $1,306,899.01 with CNS Engineers, the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12 -02, Federal Aid Project No. BRLS -5282(042); and authorize the City Manager to execute all necessary documents.

O. A REQUEST BY CANYON FUND LLC, FOR APPROVAL OF AN ART MURAL TITLED “WHIMSICAL MID -CENTURY PALM SPRINGS” LOCATED ON THE EAST (REAR) ELEVATION OF THE BUILDING AT 310 NORTH PALM CANYON DRIVE (APN: 513-081-014) (CASE MUR 2023-0003)

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to adopt Resolution No. 25177 , entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “WHIMSICAL MID - CENTURY PALM SPRINGS” INSTALLED ON THE EAST ELEVATION OF THE BUILDING FACING THE PARKING LOT, LOCATED AT 310 NORTH PALM CANYON DRIVE (APN: 513-081-014) (CASE MUR 2023-0003)”.

P. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. A9232 WITH VERDE

FACILITIES SERVICES LLC FOR JANITORIAL SERVICES FOR VARIOUS

CITY FACILITES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to approve Amendment No. 3 to Agreement No. A9232 with Verde Facilities Services LLC, to provide janitorial services for various City facilities in an additional amount of $55,500 for a total revised contract amount not to exceed $2,481,144 through December 11, 2025 ; and a uthorize the City Manager or designee to execute all necessary documents.

2. PUBLIC HEARINGS: None.

3. BUSINESS & LEGISLATIVE:

Item 1A - Page 6
A. APPROVE CONSULTING SERVICE AGREEMENTS FOR ON -CALL

PROJECT SERVICES FOR THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Approve Consulting Services Agreement No. 23Q386 (Attachment A) with M.

Arthur Gensler Jr. & Associates, Inc. to provide architectural on-call project services for an amount not to exceed $11,500,000 for a term of five years.

2. Approve Consulting Services Agreement No. 23Q388 (Attachment B) with RS&H California, Inc. to provide engineering on -call project services for an amount not to exceed $14,700,000 for a term of five years.

3. Approve Consulting Services Agreement No. 23Q389 (Attachment C) with RS&H California, Inc. to provide environmental on -call project services for an amount not to exceed $4,000,000 for a term of five years.

4. Approve Consulting Services Agreement No. 23Q390 (Attachment D) with InterVISTAS Consulting USA LLC to provide planning on -call project services for an amount not to exceed $11,000,000 for a term of five years.

5. Approve Consulting Services Agreement No. 23Q387 with AECOM Technical Services, Inc. to provide construction management on -call project services for an amount not to exceed $22,500,000 for a term of five years.

6. Authorize the City Manager or designee to execute all necessary Agreements and authorize the Executive Director of Aviation to execute all task orders that fall within the total not-to-exceed amounts of the agreements.

B. APPROV AL OF FIRST AMENDMENT TO THE AMENDED AND RESTATED

FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES

WITH PALM SPRINGS DISPOSAL SERVICES

MOTION BY COUNCILMEMBER MIDDLETON , SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the First Amendment to the Amended and Restated Franchise Agreement and authorize the City Manager to execute all necessary documentation.

C. APPROVE SCOPE OF WORK FOR PALM SPRINGS PUBLIC LIBRARY RENOV ATION PROJECTS 16-08, MAIN LIBRARY RENOV ATIONS, AND 19- 18, JC FREY BUILDING REHABILITATION AND PROVIDE DIRECTION FOR

ISSUANCE OF DEBT SERVICE

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0, to move forward

1. Approve Scope of Work for Main Library Renovation Project 16 -08 and JC Frey Building Project 19-18.

2. Direct staff to start process for issuance of Debt Service for the Main Library renovation; with the expectation of an intense degree of project management and community engagement in the next few months. (This is not an official Authorization to Bond, that will come at a later meeting once an amount is determined.)

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

Item 1A - Page 7
PUBLIC COMMENT:

Abraham Ishaq, Zachary Flores, Max McCartney, Mo El-Abdallah, and Jesse Neimeyer-Romero provided oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Pro Tem deHarte and Mayor Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, January 11, 2024 , at 8:21 p.m.

Respectfully submitted,

_______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 8

Monday, January 22, 2024
Minutes of the Special Meeting of the City Council
of the City of Palm Springs

1. CALL TO ORDER:

A Special Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Monday, January 22 , 2024, at 2:00 p.m.

2. ROLL CALL:

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

Absent: Councilmembers Christy Holstege.

3. PUBLIC COMMENT: None.

4. INTERVIEW APPLICANTS AND APPOINT ONE MEMBER TO THE PLANNING

COMMISSION

The City Council interviewed Alan Hymowitz, Don Soja, Melisa Dolores-Silva, Robert Tickell, Lyndon T. Calerdine, and Thomas Laurita.

MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 4 -0, to interview Planning Commission applicants; and, appoint Lyndon T. Calerdine to the Planning Commission for a term ending June 30, 2024.

5. ADJOURNMENT:

The City Council adjourned the meeting of Monday, January 22 , 2024, at 3:11 p.m.

Respectfully submitted,

_______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 9
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 12-09-23 AND 12-23-23 TOTALING
$5,392,962.42 AND ACCOUNTS PAYABLE WARRANTS
DATED 12-07-23 AND 12-21-23 TOTALING $15,740,787.40,
IN THE AGGREGATE AMOUNT OF $ 21,133,749.82,
DRAWN ON BANK OF AMERICA.

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

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

Kristopher J. Mooney
Director of Finance and Treasury

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

ADOPTED THIS 8TH DAY OF FEBRUARY, 2024
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

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

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1B - Page 2

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 2,352,401.20
DEFERRED COMP: NATIONWIDE 27,571.66
ICMA RHS CONTRIBUTION 22,425.00
CA DCCS 2,966.30
DEFERRED COMP: ICMA 457 49,090.60
LIABILITY CHECK REGISTER 2013953-2013967 25,787.75
PAYROLL DIRECT DEPOSITS 1,730,764.87
FEDERAL TAXES 345,560.39
STATE TAXES 117,046.75
11,545.20
VENDOR WIRE PYMTS 4,888.43
Transaction Type Check Numbers Amoun
t
PAYROLL CHECK REGISTER 422522-422530 14,754.25
PAY DATE 12/15/2023
February 8, 2024
PAYROLL PERIOD ENDING 12/9/2023
Payroll Wires and Warrants Memo for Council 2024.xlsx | 02082024 |1/31/2024 | 7:29 AM (AM) 1 | 1 Item 1B - Page 3

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

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT

PAY DAT
E 12/29/2023
February 8, 2024
PAYROLL PERIOD ENDING 12/23/2023
Transaction Type Check Numbers Amoun t
PAYROLL CHECK REGISTER 422531-422554 56,691.61
DEFERRED COMP: ICMA 457 34,000.00
LIABILITY CHECK REGISTER 2014263-2014265 1,594.00
PAYROLL DIRECT DEPOSITS 2,236,642.12
FEDERAL TAXES 529,078.13
STATE TAXES 179,581.97
1,030.08
VENDOR WIRE PYMTS 567.00
DEFERRED COMP: NATIONWIDE -

ICMA RHS CONTRIBUTION -
CA DCCS 1,376.31
TOTAL 3,040,561.22
Payroll Wires and Warrants Memo for Council 2024.xlsx | 02082024 (2) |1/31/2024 | 7:29 AM (AM) 1 | 1 Item 1B - Page 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/07/2023 09:52
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013733 12/07/2023 PRINTED 100824 15000 INC 2,520.00 2013734 12/07/2023 PRINTED 104562 2900 EAST RAMON ROAD LLC 11,820.78 2013735 12/07/2023 PRINTED 104562 2900 EAST RAMON ROAD LLC 5,341.90 2013736 12/07/2023 PRINTED 104375 4LEAF INC 45,540.00 2013737 12/07/2023 PRINTED 101697 ADT COMMERCIAL LLC 810.00 2013738 12/07/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2013739 12/07/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 9,489.60 2013740 12/07/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2013741 12/07/2023 PRINTED 103203 AMBER C STANFORD 17,456.00 2013742 12/07/2023 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 9,729.71 2013743 12/07/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 14,940.80 2013744 12/07/2023 PRINTED 103797 ALLISON MECHANICAL INC 8,203.24 2013745 12/07/2023 PRINTED 104468 ALOE PALM CANYON LP 250,777.26 2013746 12/07/2023 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 681,791.36 2013747 12/07/2023 PRINTED 104426 AMERICAN BUDS 40,000.00 2013748 12/07/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 2,491.81 2013749 12/07/2023 PRINTED 100221 AMERIGAS 135.26 2013750 12/07/2023 PRINTED 104432 APEK LLC 1,097.00 2013751 12/07/2023 PRINTED 100765 MUNISERVICES / AVENU INSI 1,118.44 2013752 12/07/2023 PRINTED 100413 B & H PHOTO 11,484.87 2013753 12/07/2023 PRINTED 010911 RYAN D BARRIER 469.75 2013754 12/07/2023 PRINTED 104540 BARRY SAYWITZ PROPERTIES 16,232.54 2013755 12/07/2023 PRINTED 100020 BEST BEST & KRIEGER 363,076.64 2013756 12/07/2023 PRINTED 101576 BIG SHOW INDUSTRIES INC 25,000.00 2013757 12/07/2023 PRINTED 100366 BIO TOX LABORATORIES 4,620.00 2013758 12/07/2023 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 17,500.00 2013759 12/07/2023 PRINTED 101331 BRUCE BOWER INVESTIGATION 4,163.74 2013760 12/07/2023 PRINTED 104606 TODD BURGESS 5,940.00 2013761 12/07/2023 PRINTED 100234 BURRTEC ENVIRONMENTAL 2,465.68 2013762 12/07/2023 PRINTED 016284 HEATHER CAIN 384.93 2013763 12/07/2023 PRINTED 100044 CALIFORNIA HIGHWAY PATROL 3,714.19 2013764 12/07/2023 PRINTED 100028 CALIFORNIA ASSOC OF PUBLI 560.00 2013765 12/07/2023 PRINTED 104417 NANNETTE CARTER 38.47 2013766 12/07/2023 PRINTED 104603 SAN MACEDONIO CO LP 6,593.00 2013767 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2013768 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2013769 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 3,430.00 2013770 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2013771 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013772 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013773 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013774 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013775 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,279.93 2013776 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 223.94 2013777 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2013778 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,183.04 2013779 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 195.18 2013780 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 2,162.64 2013781 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 393.64 2013782 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2013783 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2013784 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 Item 1B - Page 5
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AP CHECK RECONCILIATION REGISTER
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User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013785 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2013786 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2013787 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013788 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2013789 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2013790 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2013791 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2013792 12/07/2023 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2013793 12/07/2023 PRINTED 100558 CINTAS CORPORATION 47.44 2013794 12/07/2023 PRINTED 100558 CINTAS CORPORATION 403.74 2013795 12/07/2023 PRINTED 104378 CLEANROBOTICS TECHNOLOGIE 45,783.17 2013796 12/07/2023 PRINTED 100387 COACHELLA VALLEY ECONOMIC 100,000.00 2013797 12/07/2023 PRINTED 101238 CONSERVE LANDCARE LLC 324,118.26 2013798 12/07/2023 PRINTED 100205 NANCY K BOHL INC 3,005.00 2013799 12/07/2023 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 4,747.50 2013800 12/07/2023 PRINTED 104597 COACHELLA VALLEY HOUSING 8,928.00 2013801 12/07/2023 PRINTED 100318 DATA TICKET INC 4,110.48 2013802 12/07/2023 PRINTED 104528 DATASTREAM CABLING AND BU 8,544.71 2013803 12/07/2023 PRINTED 100265 DELL MARKETING LP 31,105.75 2013804 12/07/2023 PRINTED 015946 THOMAS DENNEHY 440.00 2013805 12/07/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,681.98 2013806 12/07/2023 PRINTED 104524 DESERT BOUTIQUE TMO LLC 9,243.03 2013807 12/07/2023 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,566.40 2013808 12/07/2023 PRINTED 104531 DIGITALSTAKEOUT INC 19,673.00 2013809 12/07/2023 PRINTED 101030 DOG TEAM PRO LLC 900.00 2013810 12/07/2023 PRINTED 101244 DOWNS ENERGY 35,259.41 2013811 12/07/2023 PRINTED 100393 GERGIS YOUSEF 1,297.97 2013812 12/07/2023 PRINTED 100984 DTPS C-15 LLC 3,278.19 2013813 12/07/2023 PRINTED 100054 DESERT WATER AGENCY 55,146.74 2013814 12/07/2023 PRINTED 100054 DESERT WATER AGENCY 31,515.37 2013815 12/07/2023 PRINTED 101468 EASTERN LION LLC 46,750.00 2013816 12/07/2023 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2013817 12/07/2023 PRINTED 103686 DAVID ECKERT 115.00 2013818 12/07/2023 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 7,487.90 2013819 12/07/2023 PRINTED 103829 EMERGENCY RESILIENCE LLC 3,416.40 2013820 12/07/2023 PRINTED 100226 ENTERPRISE HOLDINGS, INC. 41,434.36 2013821 12/07/2023 PRINTED 016194 SARAH ESCARREGA 110.30 2013822 12/07/2023 PRINTED 100376 EXPERIAN 77.00 2013823 12/07/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 768.13 2013824 12/07/2023 PRINTED 103451 FIESTA FORD INC 139,366.95 2013825 12/07/2023 PRINTED 104607 FREDDIES KITCHEN AT THE C 3,438.94 2013826 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.10 2013827 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 73.17 2013828 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,097.85 2013829 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 473.78 2013830 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,089.27 2013831 12/07/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,693.24 2013832 12/07/2023 PRINTED 100169 GENSLER 3,076.56 2013833 12/07/2023 PRINTED 103948 PUSH MEDIA INC 55,248.71 2013834 12/07/2023 PRINTED 103824 GOVOS INC 7,500.00 2013835 12/07/2023 PRINTED 010942 EDWARD GRAFF 105.00 2013836 12/07/2023 PRINTED 104383 HD SUPPLY INC 7,093.52 Item 1B - Page 6
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AP CHECK RECONCILIATION REGISTER
Report generated: 12/07/2023 09:52
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013837 12/07/2023 PRINTED 103944 COREY IVAN HOLLAND 75,500.00 2013838 12/07/2023 PRINTED 100877 WILLIE HOLLAND 75,500.00 2013839 12/07/2023 PRINTED 104063 OCL2020 LLC 131,200.89 2013840 12/07/2023 PRINTED 104529 BERNARD S HOYES 25,000.00 2013841 12/07/2023 PRINTED 103780 HTL MECHANICAL INC 2,980.25 2013842 12/07/2023 PRINTED 100184 HYATT HOTELS 7,861.08 2013843 12/07/2023 PRINTED 103588 IED SUPPORT SERVICES LLC 45,895.00 2013844 12/07/2023 PRINTED 100494 IMAGE360 - PALM DESERT 134.05 2013845 12/07/2023 PRINTED 103681 IMPRENTA COMMUNICATIONS G 6,300.00 2013846 12/07/2023 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 24,818.52 2013847 12/07/2023 PRINTED 104575 INVESTMENT CONCEPTS 5,841.00 2013848 12/07/2023 PRINTED 104575 INVESTMENT CONCEPTS 3,654.00 2013849 12/07/2023 PRINTED 101727 IRON MOUNTAIN 1,401.08 2013850 12/07/2023 PRINTED 104465 KATE JESSUP DESIGNS 25,000.00 2013851 12/07/2023 PRINTED 100336 KEENAN AND ASSOCIATES 2,371.98 2013852 12/07/2023 PRINTED 015654 JEFF KELSHEIMER 360.00 2013853 12/07/2023 PRINTED 104506 ANITA KHAYALIAN 3,450.00 2013854 12/07/2023 PRINTED 101606 KINCAID INDUSTRIES INC 14,957.12 2013855 12/07/2023 PRINTED 101785 KRONOS 550.04 2013856 12/07/2023 PRINTED 100475 LEADERSHIP COACHELLA VALL 250.00 2013857 12/07/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 475.00 2013858 12/07/2023 PRINTED 100404 LIN LINES INC. 4,784.00 2013859 12/07/2023 PRINTED 101260 THE LLOYD PEST CONTROL 525.00 2013860 12/07/2023 PRINTED 011022 JAIME MACIAS 1,500.00 2013861 12/07/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 7,562.05 2013862 12/07/2023 PRINTED 104429 MUNICPAL MANAGEMENT ASSIS 125.00 2013863 12/07/2023 PRINTED 103896 MOHAWK COMMERCIAL INC 17,213.28 2013864 12/07/2023 PRINTED 100079 MOHICA TOWING 4,183.00 2013865 12/07/2023 PRINTED 102065 SOUTHERN CA BLACK CHAMBER 639.00 2013866 12/07/2023 PRINTED 101211 NAI CONSULTING 11,556.00 2013867 12/07/2023 PRINTED 100713 NO VACANCY TONIGHT LLC 141,530.06 2013868 12/07/2023 PRINTED 100103 OCLC INC 562.39 2013869 12/07/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 7,379.87 2013870 12/07/2023 PRINTED 103889 OLLIN DOCK & DOOR INC 13,833.23 2013871 12/07/2023 PRINTED 103408 OPTIQO INC 10,553.60 2013872 12/07/2023 PRINTED 100458 PALM SPRINGS AIR MUSEUM I 15,000.00 2013873 12/07/2023 PRINTED 100569 PALM SPRINGS CHAMBER OF C 13,110.07 2013874 12/07/2023 PRINTED 101434 PLACEWORKS 1,210.00 2013875 12/07/2023 PRINTED 103562 PLANETBIDS INC 6,419.77 2013876 12/07/2023 PRINTED 101217 PRECISION SURVEY SUPPLY 10,696.71 2013877 12/07/2023 PRINTED 101374 PRECISION TECHNOLOGIES 29,797.48 2013878 12/07/2023 PRINTED 102885 PROPS AV LLC 500.00 2013879 12/07/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,956.47 2013880 12/07/2023 PRINTED 100654 PS RESORTS 5,000.00 2013881 12/07/2023 PRINTED 103895 PUB CONSTRUCTION INC 33,542.00 2013882 12/07/2023 PRINTED 101692 THE QUOTIENT GROUP LLC 9,800.00 2013883 12/07/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 1,991.49 2013884 12/07/2023 PRINTED 016275 JONATHAN SAMANIEGO 375.00 2013885 12/07/2023 PRINTED 101726 SAM'S FENCE 12,012.00 2013886 12/07/2023 PRINTED 104369 SAN DIEGO COUNTY SHERIFFS 1,095.00 2013887 12/07/2023 PRINTED 015690 STEVEN SANDERS 110.36 2013888 12/07/2023 PRINTED 104605 ROMAN SANTIAGO 500.00 Item 1B - Page 7
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Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013889 12/07/2023 PRINTED 100325 SAVOURYS GOOD EARTH CUISI 1,147.13 2013890 12/07/2023 PRINTED 101542 SC COMMERCIAL 15,760.41 2013891 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,108.55 2013892 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,133.77 2013893 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,875.36 2013894 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 141.00 2013895 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 273.51 2013896 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 161,994.39 2013897 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,908.85 2013898 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 106,860.24 2013899 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 157.35 2013900 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 146.67 2013901 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 34,241.35 2013902 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 95.06 2013903 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 56.08 2013904 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,958.56 2013905 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,183.70 2013906 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 7,880.34 2013907 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 869.49 2013908 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 28.43 2013909 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 334.84 2013910 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,405.97 2013911 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,368.21 2013912 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 616.59 2013913 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 869.45 2013914 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 175.24 2013915 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 273.80 2013916 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 541.14 2013917 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 763.71 2013918 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 341.75 2013919 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 58.05 2013920 12/07/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 47.55 2013921 12/07/2023 PRINTED 104604 SEMINOLE GARDENS LP 962.00 2013922 12/07/2023 PRINTED 104600 SHEPSELE REALTY CAPITAL L 911.00 2013923 12/07/2023 PRINTED 103804 WEST AVIATION SERVICES-SA 20,790.00 2013924 12/07/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 1,116.62 2013925 12/07/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 433.84 2013926 12/07/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 11,544.00 2013927 12/07/2023 PRINTED 104309 SOUTHWEST BOULDER AND STO 3,254.29 2013928 12/07/2023 PRINTED 101356 ST FRANCIS ELECTRIC LLC 44,558.99 2013929 12/07/2023 PRINTED 101441 STALKER RADAR 21,030.63 2013930 12/07/2023 PRINTED 101852 SOLARCITY CORP 929.48 2013931 12/07/2023 PRINTED 103796 TRANSCORE HOLDINGS INC 13,589.69 2013932 12/07/2023 PRINTED 102712 TSG ENTERPRISES, INC. 804.00 2013933 12/07/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 7,988.79 2013934 12/07/2023 PRINTED 100295 US BANK CORPORATE PAYMENT 187,337.81 2013935 12/07/2023 PRINTED 101784 V AND V MANUFACTURING 150.68 2013936 12/07/2023 PRINTED 100200 VALLEY LOCK AND SAFE 1,196.05 2013937 12/07/2023 PRINTED 100066 VALLEY MAIL DELIVERY 2,619.23 2013938 12/07/2023 PRINTED 015173 JEFFREY E. VAN LIEROP 65.00 2013939 12/07/2023 PRINTED 104034 VERDE FACILITIES SERVICES 62,864.00 2013940 12/07/2023 PRINTED 100621 VERIZON BUSINESS 592.86 Item 1B - Page 8
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Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013941 12/07/2023 PRINTED 100144 VERIZON WIRELESS 10,518.99 2013942 12/07/2023 PRINTED 100144 VERIZON WIRELESS 3,380.79 2013943 12/07/2023 PRINTED 100144 VERIZON WIRELESS 1,715.22 2013944 12/07/2023 PRINTED 100144 VERIZON WIRELESS 39.66 2013945 12/07/2023 PRINTED 100144 VERIZON WIRELESS 3,405.54 2013946 12/07/2023 PRINTED 015149 MIKE A VILLEGAS 175.00 2013947 12/07/2023 PRINTED 104523 VPM RENTS INC 5,300.00 2013948 12/07/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 6,640.21 2013949 12/07/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 3,096.49 2013950 12/07/2023 PRINTED 104402 JURGEN WEISS 64,694.00 2013951 12/07/2023 PRINTED 104533 WITMER PUBLIC SAFETY GROU 1,267.21 2013952 12/07/2023 PRINTED 101978 WR PALM MOUNTAIN RESORT L 152,246.35 220 CHECKS CASH ACCOUNT TOTAL 4,730,225.34 .00 Item 1B - Page 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/07/2023 09:52
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
220 CHECKS FINAL TOTAL 4,730,225.34 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2013968 12/21/2023 PRINTED 100824 15000 INC 262.50 2013969 12/21/2023 PRINTED 104562 2900 EAST RAMON ROAD LLC 23,339.48 2013970 12/21/2023 PRINTED 100180 AMERICAN ASSOCIATION OF A 275.00 2013971 12/21/2023 PRINTED 100109 ACCO BRANDS USA LLC 103.70 2013972 12/21/2023 PRINTED 101754 GLOBAL PAYMENTS INC 7,000.00 2013973 12/21/2023 PRINTED 104116 ACTUARIAL CONSULTING GROU 6,500.00 2013974 12/21/2023 PRINTED 100390 ADDICTION MEDICINE CONSUL 2,900.00 2013975 12/21/2023 PRINTED 104389 AECOM TECHNICAL SERVICES 256,814.59 2013976 12/21/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 33,063.44 2013977 12/21/2023 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 68,342.44 2013978 12/21/2023 PRINTED 104370 AERO SPECIALTIES INC 6,773.92 2013979 12/21/2023 PRINTED 100403 AETNA 19,666.95 2013980 12/21/2023 PRINTED 100218 AGUA CALIENTE BAND OF CAH 10,000.00 2013981 12/21/2023 PRINTED 104488 AIRPORT ONE LLC 10,000.00 2013982 12/21/2023 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 4,604.37 2013983 12/21/2023 PRINTED 103273 ALFARO COMMUNICATIONS CON 876,448.37 2013984 12/21/2023 PRINTED 101327 US SECURITY ASSOCIATES IN 110,726.00 2013985 12/21/2023 PRINTED 100912 ALPHA MEDIA LLC 4,580.00 2013986 12/21/2023 PRINTED 100755 ALTA LANGUAGE SERVICES IN 266.00 2013987 12/21/2023 PRINTED 101245 THE ALTUM GROUP 718.00 2013988 12/21/2023 PRINTED 016012 LUIS ALVAREZ 1,500.00 2013989 12/21/2023 PRINTED 100572 AMAZON COM 201.00 2013990 12/21/2023 PRINTED 103781 AMAZON.COM SALES INC 1,126.67 2013991 12/21/2023 PRINTED 100383 AMERICAN FORENSIC NURSES 1,558.74 2013992 12/21/2023 PRINTED 102816 AMERICAN TRAINCO 9,995.00 2013993 12/21/2023 PRINTED 104248 AMS.NET INC 17,810.14 2013994 12/21/2023 PRINTED 100235 AMTECH ELEVATOR SERVICES 100.00 2013995 12/21/2023 PRINTED 104496 AQUATECH WATER SYSTEMS IN 413.00 2013996 12/21/2023 PRINTED 016414 DESTINY ARCE 729.92 2013997 12/21/2023 PRINTED 100765 MUNISERVICES / AVENU INSI 4,500.00 2013998 12/21/2023 PRINTED 103384 AVIATRIX COMMUNICATIONS 900.00 2013999 12/21/2023 PRINTED 104330 LARRY AVIMELEH 318.35 2014000 12/21/2023 PRINTED 100413 B & H PHOTO 361.05 2014001 12/21/2023 PRINTED 016393 ERNESTO BALCAZAR 697.60 2014002 12/21/2023 PRINTED 103994 BANNER BANK 80,503.37 2014003 12/21/2023 PRINTED 100203 BARBARA SINATRA CHILDRENS 231.00 2014004 12/21/2023 PRINTED 104540 BARRY SAYWITZ PROPERTIES 4,797.00 2014005 12/21/2023 PRINTED 101049 MARY BARSALEAU 1,851.50 2014006 12/21/2023 PRINTED 104626 RYAN BASILLE 823.96 2014007 12/21/2023 PRINTED 104386 BERG AND ASSOCIATES INC 29,409.70 2014008 12/21/2023 PRINTED 100020 BEST BEST & KRIEGER 174,784.29 2014009 12/21/2023 PRINTED 101488 BIO SOCAL 990.00 2014010 12/21/2023 PRINTED 100366 BIO TOX LABORATORIES 3,732.00 2014011 12/21/2023 PRINTED 104611 DORE D BRAND 7,950.00 2014012 12/21/2023 PRINTED 100128 BRODART CO 4,699.40 2014013 12/21/2023 PRINTED 100017 BUREAU OF INDIAN AFFAIRS 1,600,980.90 2014014 12/21/2023 PRINTED 010649 JON CABRERA 5,963.13 2014015 12/21/2023 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2014016 12/21/2023 PRINTED 101428 CALTEC CORPORATION 558,518.88 2014017 12/21/2023 PRINTED 104622 THE CAPELLI FAMILY TRUST 50,000.00 2014018 12/21/2023 PRINTED 104622 SUE CAPELLI 800.00 2014019 12/21/2023 PRINTED 100551 CAPIO 30.00 Item 1B - Page 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2014020 12/21/2023 PRINTED 016061 SHAWN CARLIN 11.97 2014021 12/21/2023 PRINTED 016061 SHAWN CARLIN 690.00 2014022 12/21/2023 PRINTED 103604 CAROLLO ENGINEERS INC 6,627.31 2014023 12/21/2023 PRINTED 104417 NANNETTE CARTER 32.31 2014024 12/21/2023 PRINTED 104603 SAN MACEDONIO CO LP 6,227.00 2014025 12/21/2023 PRINTED 101837 CASC ENGINEERING AND CONS 4,187.50 2014026 12/21/2023 PRINTED 101477 CASL INTERPRETING 760.00 2014027 12/21/2023 PRINTED 100112 CDW GOVERNMENT INC 23,572.82 2014028 12/21/2023 PRINTED 103619 CHANDLER ASSET MANAGEMENT 13,373.43 2014029 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,646.92 2014030 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2014031 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2014032 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2014033 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2014034 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 3,430.00 2014035 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 545.93 2014036 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 199.97 2014037 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 79.99 2014038 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 249.48 2014039 12/21/2023 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2014040 12/21/2023 PRINTED 100558 CINTAS CORPORATION 210.77 2014041 12/21/2023 PRINTED 010247 MICHELE CIRONE-COLLIER 23.81 2014042 12/21/2023 PRINTED 104480 CITYGATE ASSOCIATES LLC 3,851.19 2014043 12/21/2023 PRINTED 100573 CLEAN ENERGY FUELS 2,925.12 2014044 12/21/2023 PRINTED 101755 CNS ENGINEERS INC 3,900.00 2014045 12/21/2023 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 285,155.32 2014046 12/21/2023 PRINTED 100928 COLANTUONO HIGHSMITH AND 10,871.75 2014047 12/21/2023 PRINTED 015816 JOSEPH CONLON 1,500.00 2014048 12/21/2023 PRINTED 104082 CONSORTECH SOLUTIONS INC 15,000.00 2014049 12/21/2023 PRINTED 101598 CORODATA RECORDS MANAGEME 132.40 2014050 12/21/2023 PRINTED 104065 COTA SECURITY SERVICES IN 7,216.00 2014051 12/21/2023 PRINTED 100205 NANCY K BOHL INC 4,440.00 2014052 12/21/2023 PRINTED 104597 COACHELLA VALLEY HOUSING 16,745.00 2014053 12/21/2023 PRINTED 016482 MARCO CRUZ 625.21 2014054 12/21/2023 PRINTED 100490 COACHELLA VALLEY CONSERVA 112,095.23 2014055 12/21/2023 PRINTED 104013 DAILEY AND WELLS COMMUNIC 66,050.00 2014056 12/21/2023 PRINTED 100115 DANIELS TIRE SERVICE INC 3,905.33 2014057 12/21/2023 PRINTED 100378 DEPARTMENT OF INDUSTRIAL 134,478.54 2014058 12/21/2023 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 712.00 2014059 12/21/2023 PRINTED 103589 DESERT ARC 465.00 2014060 12/21/2023 PRINTED 101041 CARLA L PAUL 4,200.00 2014061 12/21/2023 PRINTED 104620 DESERT ENSEMBLE THEATRE C 3,000.00 2014062 12/21/2023 PRINTED 104594 DESERTED FILMS 200.00 2014063 12/21/2023 PRINTED 104615 EDWARD DIAZ 65.00 2014064 12/21/2023 PRINTED 100254 DOKKEN ENGINEERING 96,841.40 2014065 12/21/2023 PRINTED 101244 DOWNS ENERGY 34,495.06 2014066 12/21/2023 PRINTED 100393 GERGIS YOUSEF 1,202.23 2014067 12/21/2023 PRINTED 100294 DUDEK 20,474.40 2014068 12/21/2023 PRINTED 101179 MARIANA DUSPIVA 1,295.00 2014069 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 361.75 2014070 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 2014071 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 64.99 Item 1B - Page 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2014072 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 37.41 2014073 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 33,083.06 2014074 12/21/2023 PRINTED 100054 DESERT WATER AGENCY 3,865.63 2014075 12/21/2023 PRINTED 100055 DESERT WATER AGENCY 434.21 2014076 12/21/2023 PRINTED 100750 ELM USA INC 344.63 2014077 12/21/2023 PRINTED 101293 ENGIE SERVICES U.S. INC. 274,465.00 2014078 12/21/2023 PRINTED 100274 ENGINEERING RESOURCES OF 64,573.93 2014079 12/21/2023 PRINTED 100226 ENTERPRISE HOLDINGS, INC. 63,099.17 2014080 12/21/2023 PRINTED 100369 FAIR HOUSING COUNCIL OF R 20,367.31 2014081 12/21/2023 PRINTED 100081 FEDERAL EXPRESS CORPORATI 215.11 2014082 12/21/2023 PRINTED 101029 FIRE RECOVERY USA LLC 241.00 2014083 12/21/2023 PRINTED 101194 FLEX ADVANTAGE 761.50 2014084 12/21/2023 PRINTED 100250 FLIGHT LIGHT INC 2,731.98 2014085 12/21/2023 PRINTED 104587 FOLLETT HIGHER EDUCATION 1,551.60 2014086 12/21/2023 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,955.90 2014087 12/21/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 626.86 2014088 12/21/2023 PRINTED 100480 FRIENDS OF THE PS ANIMAL 97,528.96 2014089 12/21/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2014090 12/21/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2014091 12/21/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 144.99 2014092 12/21/2023 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.74 2014093 12/21/2023 PRINTED 100567 THE GALLERY COLLECTION 1,191.65 2014094 12/21/2023 PRINTED 100169 GENSLER 157,647.15 2014095 12/21/2023 PRINTED 015930 DEVIN GILLESPIE 1,485.09 2014096 12/21/2023 PRINTED 103948 PUSH MEDIA INC 54,166.84 2014097 12/21/2023 PRINTED 100536 GLS US A/R 69.40 2014098 12/21/2023 PRINTED 100313 GRANICUS INC 4,668.78 2014099 12/21/2023 PRINTED 103998 JANE M GUY 941.50 2014100 12/21/2023 PRINTED 101343 HARRIS AND ASSOCIATES INC 132,966.30 2014101 12/21/2023 PRINTED 104383 HD SUPPLY INC 4,138.30 2014102 12/21/2023 PRINTED 104619 HDL COREN AND CONE 850.00 2014103 12/21/2023 PRINTED 103912 HERC RENTALS INC 6,142.35 2014104 12/21/2023 PRINTED 104625 HERITAGE PALM SPRINGS INV 4,850.24 2014105 12/21/2023 PRINTED 103583 HR DYNAMICS AND PERFORMAN 18,250.00 2014106 12/21/2023 PRINTED 104373 HR GREEN PACIFIC INC 8,337.50 2014107 12/21/2023 PRINTED 104586 HUFF CIELO LP 18,287.73 2014108 12/21/2023 PRINTED 015546 STEFANIE HUTCHINSON 4,560.99 2014109 12/21/2023 PRINTED 103681 IMPRENTA COMMUNICATIONS G 2,800.00 2014110 12/21/2023 PRINTED 100483 INFOSAT 224.67 2014111 12/21/2023 PRINTED 016108 JOHNATHAN INGRAM 909.32 2014112 12/21/2023 PRINTED 100119 INTERACTIVE DESIGN CORPOR 7,057.50 2014113 12/21/2023 PRINTED 104575 INVESTMENT CONCEPTS 17,093.60 2014114 12/21/2023 PRINTED 104575 INVESTMENT CONCEPTS 11,235.68 2014115 12/21/2023 PRINTED 101364 IT1 SOURCE LLC 356.40 2014116 12/21/2023 PRINTED 104038 J & L AUTO BODY INC 21,295.95 2014117 12/21/2023 PRINTED 101700 JNS NEXT 5,125.00 2014118 12/21/2023 PRINTED 103963 JOHN FRIEDMAN ALICE KIMM 108,135.05 2014119 12/21/2023 PRINTED 101039 CHESTER JOHNSON 4,350.00 2014120 12/21/2023 PRINTED 015953 GABRIELA JONES 490.42 2014121 12/21/2023 PRINTED 103525 KGAY PSP CORPORATION 1,310.00 2014122 12/21/2023 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 36,610.02 2014123 12/21/2023 PRINTED 101606 KINCAID INDUSTRIES INC 8,576.18 Item 1B - Page 13
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2014124 12/21/2023 PRINTED 016436 MAX KIRK 925.00 2014125 12/21/2023 PRINTED 104613 LA INVESTMENTS CO INTERNA 7,064.51 2014126 12/21/2023 PRINTED 101475 LA PRENSA HISPANA INC 7,515.00 2014127 12/21/2023 PRINTED 015621 BARRON LANE 925.00 2014128 12/21/2023 PRINTED 104610 PRISM ARENAS ROAD LP 8,427.90 2014129 12/21/2023 PRINTED 016428 JUSTIN LAWLER 108.10 2014130 12/21/2023 PRINTED 100332 LIEBERT CASSIDY WHITMORE 6,491.50 2014131 12/21/2023 PRINTED 100404 LIN LINES INC. 2,220.32 2014132 12/21/2023 PRINTED 101260 THE LLOYD PEST CONTROL 1,368.00 2014133 12/21/2023 PRINTED 101309 LNRS DATA SERVICES INC. 1,833.61 2014134 12/21/2023 PRINTED 011071 MICHAEL MAIDMENT 1,500.00 2014135 12/21/2023 PRINTED 104627 DOROTHY JANE MATHEWS 40,710.67 2014136 12/21/2023 PRINTED 101253 CHECKMATE TELEPHONE EXCHA 5,385.33 2014137 12/21/2023 PRINTED 104269 MEAD AND HUNT INC 106,355.83 2014138 12/21/2023 PRINTED 104365 MEDIWASTE DISPOSAL LLC 43.26 2014139 12/21/2023 PRINTED 016290 DANIEL MEIER 1,040.91 2014140 12/21/2023 PRINTED 101798 MIDWEST TAPE INC 5,448.86 2014141 12/21/2023 PRINTED 104405 MIS CHOICE INC 3,000.00 2014142 12/21/2023 PRINTED 104617 STERLING ASSETS MANAGEMEN 9,982.00 2014143 12/21/2023 PRINTED 101855 MOTOWORX GARAGE 4,974.50 2014144 12/21/2023 PRINTED 101801 MUNICIPAL EMERGENCY SERVI 563.73 2014145 12/21/2023 PRINTED 101304 MWH CONSTRUCTORS INC 70,026.78 2014146 12/21/2023 PRINTED 104057 DONNA S NEWTON 1,400.00 2014147 12/21/2023 PRINTED 100417 NI GOVERNMENT SERVICES IN 298.31 2014148 12/21/2023 PRINTED 100103 OCLC INC 3,969.34 2014149 12/21/2023 PRINTED 103900 ODP BUSINESS SOLUTIONS 9,101.67 2014150 12/21/2023 PRINTED 104612 OOTTRR INC 9,000.00 2014151 12/21/2023 PRINTED 100280 OTIS ELEVATOR COMPANY 450.00 2014152 12/21/2023 PRINTED 104355 PACIFIC WEST UNDERGROUND 37,240.00 2014153 12/21/2023 PRINTED 104517 PALM CANYON VILLAS LLC 7,380.00 2014154 12/21/2023 PRINTED 100003 PALM SPRINGS DISPOSAL SER 267.19 2014155 12/21/2023 PRINTED 100133 PALM SPRINGS MOTORS 163,682.67 2014156 12/21/2023 PRINTED 104120 PALM SPRINGS INTERNATIONA 5,000.00 2014157 12/21/2023 PRINTED 016533 DEBORAH PIERREL 467.07 2014158 12/21/2023 PRINTED 103795 PALM SPRINGS PLAZA THEATR 50,000.00 2014159 12/21/2023 PRINTED 103521 PLAZA TOWING INC 980.00 2014160 12/21/2023 PRINTED 101374 PRECISION TECHNOLOGIES 1,455.50 2014161 12/21/2023 PRINTED 101292 PROFESSIONAL MEDICAL WARE 3,145.53 2014162 12/21/2023 PRINTED 100596 PROPER SOLUTIONS INC 40,858.62 2014163 12/21/2023 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 825.03 2014164 12/21/2023 PRINTED 100654 PS RESORTS 68,318.86 2014165 12/21/2023 PRINTED 100476 PS SMOG 750.00 2014166 12/21/2023 PRINTED 104609 PALM SPRINGS HOSPITALITY 2,500.00 2014167 12/21/2023 PRINTED 101658 THE PUN GROUP LLP 15,000.00 2014168 12/21/2023 PRINTED 100762 QUADIENT INC. 1,066.12 2014169 12/21/2023 PRINTED 101580 QUINN POWER SYSTEMS 553.50 2014170 12/21/2023 PRINTED 101230 R S AND H CALIFORNIA INC 24,423.15 2014171 12/21/2023 PRINTED 016485 ARACELI RAMIREZ 925.00 2014172 12/21/2023 PRINTED 104526 RAMON-19 LP 7,642.87 2014173 12/21/2023 PRINTED 101629 THE RAMSAY GROUP 6,525.00 2014174 12/21/2023 PRINTED 104616 RANCHERIA DEL SOL PARTNER 2,197.00 2014175 12/21/2023 PRINTED 015310 RYAN RASO 5,963.13 Item 1B - Page 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2014176 12/21/2023 PRINTED 101527 RATTLE TECH LLC 500.00 2014177 12/21/2023 PRINTED 101739 REFRIGERATION SUPPLIES DI 2,213.46 2014178 12/21/2023 PRINTED 100400 ROBERT HALF 22,320.00 2014179 12/21/2023 PRINTED 016025 ZEFERINO RODRIGUEZ 1,500.00 2014180 12/21/2023 PRINTED 101803 DRI-STICK DBA RYDIN DECAL 1,649.56 2014181 12/21/2023 PRINTED 101542 SC COMMERCIAL 12,691.27 2014182 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 20.68 2014183 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 206.17 2014184 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 208.19 2014185 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 48.96 2014186 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 11,242.52 2014187 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 450.39 2014188 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 354.67 2014189 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 88.30 2014190 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 795.26 2014191 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 144.38 2014192 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 665.13 2014193 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 102.80 2014194 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 880.57 2014195 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 74.39 2014196 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 531.37 2014197 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 55.59 2014198 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 630.18 2014199 12/21/2023 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 74.71 2014200 12/21/2023 PRINTED 100435 THE SHREDDERS 581.00 2014201 12/21/2023 PRINTED 016528 TERRENCE SHUGRUE 25.07 2014202 12/21/2023 PRINTED 104621 SILLERS INSTITUTE 3,500.00 2014203 12/21/2023 PRINTED 104628 SLATER BUILDERS INC 19,600.00 2014204 12/21/2023 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 26,771.04 2014205 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 36.99 2014206 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 3,399.11 2014207 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 26.07 2014208 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 87.99 2014209 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 41.29 2014210 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 53.77 2014211 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 99.33 2014212 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 21.75 2014213 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 53.74 2014214 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 2,151.88 2014215 12/21/2023 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 31,307.23 2014216 12/21/2023 PRINTED 101822 SO CAL LAND MAINTENANCE I 27,048.00 2014217 12/21/2023 PRINTED 101677 SOCAL PPE LLC 1,719.11 2014218 12/21/2023 PRINTED 104624 MARIANA JUAREZ 984.48 2014219 12/21/2023 PRINTED 104322 SOUTHERN CONTRACTING COMP 829,580.36 2014220 12/21/2023 PRINTED 104309 SOUTHWEST BOULDER AND STO 3,150.51 2014221 12/21/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 903.33 2014222 12/21/2023 PRINTED 100577 SPARKLETTS - DS SERVICES 70.44 2014223 12/21/2023 PRINTED 100120 SPOK INC 49.80 2014224 12/21/2023 PRINTED 103901 STEVE P RADOS INC 1,529,564.06 2014225 12/21/2023 PRINTED 016488 SCOTT STILES 273.24 2014226 12/21/2023 PRINTED 016164 ANTONIO SUAREZ-ALVAREZ 610.36 2014227 12/21/2023 PRINTED 104391 THE SUKHA LIFE 175.00 Item 1B - Page 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 6 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2014228 12/21/2023 PRINTED 104469 TANGO TANGO INC 7,437.00 2014229 12/21/2023 PRINTED 100900 TERRA NOVA PLANNING AND R 9,018.75 2014230 12/21/2023 PRINTED 104184 TK ELEVATOR CORPORATION 1,550.00 2014231 12/21/2023 PRINTED 104471 TOTAL ONLINE PROTECTION L 9,933.49 2014232 12/21/2023 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,000.00 2014233 12/21/2023 PRINTED 103796 TRANSCORE HOLDINGS INC 42,342.45 2014234 12/21/2023 PRINTED 101391 TRANSUNION RISK AND ALTER 516.00 2014235 12/21/2023 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 2,500.00 2014236 12/21/2023 PRINTED 101384 TYLER TECHNOLOGIES INC 3,100.00 2014237 12/21/2023 PRINTED 100386 U S CUSTOMS SERVICE 67,007.73 2014238 12/21/2023 PRINTED 100063 UNDERGROUND SERVICE ALERT 754.92 2014239 12/21/2023 PRINTED 104384 UNIFIED FIELD SERVICES CO 374,112.27 2014240 12/21/2023 PRINTED 104368 UNIVERSAL GREEN LLC 36,450.00 2014241 12/21/2023 PRINTED 100384 US BANK 5,350.00 2014242 12/21/2023 PRINTED 104385 VANCE CORPORATION 108,908.00 2014243 12/21/2023 PRINTED 015945 JUAN VASQUEZ 68.10 2014244 12/21/2023 PRINTED 100129 VCA ANIMAL HOSPITALS INC 1,218.62 2014245 12/21/2023 PRINTED 100267 VEOLIA WATER NORTH AMERIC 789,211.38 2014246 12/21/2023 PRINTED 100621 VERIZON BUSINESS 262.54 2014247 12/21/2023 PRINTED 100144 VERIZON WIRELESS 7,963.73 2014248 12/21/2023 PRINTED 100050 VISION SERVICE PLAN 6,441.60 2014249 12/21/2023 PRINTED 100121 VISIT GREATER PALM SPRING 90,939.78 2014250 12/21/2023 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 265.80 2014251 12/21/2023 PRINTED 101277 VOHNE LICHE KENNELS INC 150.00 2014252 12/21/2023 PRINTED 104614 WADE ROUSE LLC 500.00 2014253 12/21/2023 PRINTED 101220 WATERLINE TECHNOLOGIES IN 4,246.33 2014254 12/21/2023 PRINTED 100156 WAXIE SANITARY SUPPLY 580.80 2014255 12/21/2023 PRINTED 104101 WE ARE ONE UNITED INC 5,000.00 2014256 12/21/2023 PRINTED 100222 WEST COAST ARBORISTS INC 5,400.00 2014257 12/21/2023 PRINTED 103973 WEX HEALTH INC 2,390.85 2014258 12/21/2023 PRINTED 015600 JASON WHITTAKER 856.76 2014259 12/21/2023 PRINTED 100299 WILLDAN FINANCIAL SERVICE 500.00 2014260 12/21/2023 PRINTED 101729 WORLD BOOK INC 1,309.91 2014261 12/21/2023 PRINTED 100908 YAMADA SPA MANAGEMENT INC 458.50 2014262 12/21/2023 PRINTED 100268 ZOLL MEDICAL CORPORATION 1,276.91 295 CHECKS CASH ACCOUNT TOTAL 11,010,562.06 .00 Item 1B - Page 16
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 12/21/2023 09:03
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
295 CHECKS FINAL TOTAL 11,010,562.06 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1B - Page 17
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
DATE: F
EBRUARY 8, 2024 CONSENT CALENDAR
SUBJECT: RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APPROVED BY VOTERS BY MEASURE “G”
FROM: Scott C. Stiles, City Manager
BY: D epart
ment of Finance and Treasury
SUMMARY:

Purs
uant to Palm Springs Municipal Code §3.39.050 approved by voters on November 3, 2009 by Measure “G” imposing an Access Line Tax, formerly known as Emergency Response Fee, to fund improvements to and operation of the City’s 911 communication system.

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.

BACKGROUND:

Purs
uant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index (CPI). Such annual adjustments as of December 31 of each year, beginning with December 31, 2010.

The voter-approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, collecting of this adjusted tax by no later than May 1, 2024. The CPI adjustment this year is 4.7%.

The new amount of the Access Line tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:

Access Line from $1.62 per month per access line to $1.70.

Trunk Line from $12.27 per month per trunk line to $12.85.

Item 1C - Page 1
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council identified major theme/principle of Forward-Thinking Governance.

FISCAL IMPACT
:

The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $49,000.

REVIEWED BY:

Director of Finance Kristopher J. Mooney
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution.

Item 1C - Page 2

ATTACHMENT A
Item 1C - Page 3
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL

ADJUSTMENT OF THE ACCESS LINE RATE PURSUANT TO
PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY
THE VOTERS BY MEASURE “G”.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOL
LOWS:

A. At the November 9, 2009 Regular Municipal Election, the voters passed Measure “G” imposing an Access Line Tax.

B. Pursuant to Palm Springs Municipal Code §3.39.050, the voters approved an annual adjustment in accordance with the increase of the Consumer Price Index. Such annual adjustment is to commence after December 31, 2010.

C. The Consumer Price Index: All Urban Consumers for the Riverside – San Bernadino – Ontario Area for All Items as reported by the United Stated Bureau of Labor Statistics is 4.7% for the period of January 1, 2023 and December 31, 2023.

D. Based on the CPI the annual adjustment is as follows: eight (8) cents per month per access line, and fifty-eight (58) cents per month per trunk line.

E. The estimated total amount of the annual adjustment for all telecommunication users for a one-year period is approximately $49,000.

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

SECTION 1.

The new amount of the Access Line Tax pursuant to Palm Springs Municipal Code §3.39.050 shall be adjusted as follows:

Access Li
ne $1.70 per month per access line.

Trunk Line $12.85 per month per trunk line.

SECTION 2. The City Clerk is hereby directed and authorized to amend the Access Line Tax pursuant to voter approved Measure “G” and Palm Springs Municipal Code §3.39.050.

SECTI
ON 3. The Director of Finance is hereby directed and authorized to provide written notice to service providers pursuant to §799(a)(5) of the Public Utilities Code of the State of California.

Item 1C - Page 4

SECTION 4. The voter approved adjusted Access Line Tax pursuant to Section 1 of this Resolution shall be effective pursuant to §799(a)(5) of the Public Utilities Code of the State of California, but not later than May 1, 2024.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 8th DAY OF FEBRUARY 2024.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

BRENDA PREE

CITY CLERK

Item 1C - Page 5

CITY COUNCIL STAFF REPORT
DATE: F
EBRUARY 8, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT A8865 WITH ST. FRANCIS ELECTRIC, LLC, FOR ON-

CALL TRAFFIC SIGNAL MAINTENANCE SERVICES FOR THE
REMAINDER OF FISCAL YEAR 2023-2024
FROM: Scott C. Stiles, City Manager
BY: E ngin
eering Services Department
SUMMARY:

This
action requests City Council approval of Amendment No. 2 to the Contract Services Agreement with St. Francis Electric, LLC (SFE), a California limited liability company, to increase the maximum annual contract amount by $200,0 00 to a maximum annual amount of $580,000 for traffic signal and electrical system maintenance services at the City's various traffic signals for the remainder of Fiscal Year 2023-2024.

RECOMMENDATION:

1. Approv
e Amendment No. 2 to Contract Services Agreement No. 8865 with St.

Francis Electric, LLC, increasing the maximum annual contract amount by $200,000 for a maximum annual contract amount of $58 0,000 for Traffic Signal Maintenance Services for the remainder of Fiscal Year 2023-2024; and

2. A uth
orize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

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

BACKGROUND:

On May
27, 2021, City Council approved Contract Services Agreement (A8865) with St.

Francis Electric, LLC, (SFE) to provide On -Call Traffic Signal Maintenance Services throughout the City. Through this contract, St. Francis Electric provides 24 hour s/7 days per week on- call routine preventive maintenance, emergency repairs, and non- emergency maintenance of all the City’s various traffic signals and equipment.

Item 1D - Page 1
On-cal
l traffic signal maintenance services are established utilizing a fixed cost for routine preventative maintenance of traffic signals at a per -location cost, as well as their labor and equipment rates and mark -up, for unscheduled work, extra work , and all other emergency repairs reimbursed on a time/materials cost basis.

However, the vast majority of traffic signal maintenance services performed for the City occur as emergency work. The emergency work consists of responding to reports of malfunctioning signals, lights out, and traffic accidents. Emergency services are reimbursed based on the agreed Schedule of Fees for labor and equipment included in the contract. Additionally, this year Staff has focused on bringing all signalized intersections back on-line and communicating with our Traffic Operations Center (TOC).

Intersections that are already a part of Highway Safety Improvement Projects (HSIP) or the Coachella Valley Sy nchronization Project (CV -Sync) were not included in the communication improvements.

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

STAFF ANALYSIS:

In the current Fiscal Year 2023-2024, there have been a high number of traffic collisions requiring emergency repairs and replacements. When a traffic collision occurs resulting in injury or property damages , the Police Department prepares a traffic collision report .

This report is used as supporting documentation for property damage claims. Once traffic signal equipment repairs are complete and all related invoices are collected, an invoice is submitted to the responsible party’s insurance company for payment. The repair process can take anywhere from one week if parts are on hand, up to six months if parts need to be ordered. Once all costs are in and submitted to the City’s claim adjuster, it can take anywhere between six months up to over a year before the City recovers some or all costs.

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

Cost Breakdown by Category
Maintenance: $19,689.00
Response: $222,030.16
Knockdowns/Collisions: $34,570.73
Subtotal – Expenses (7/1/23 to 12/31/23): $276,289.89
Item 1D - Page 2

Budgeted Funds
FY23/24 Budget: $380,000.00
Less Expenses to Date: -$276,289.89
Total Remaining Budget: 103,710.11

Out of all the unforeseen response calls through December 31, 2023, approximately $75,000 is associated with selected signalized intersection communication and detection repairs. The remaining Fiscal Year balance to cover the January 1, 2024, through June 30, 2024 invoices is $103,710.11. The average monthly SFE invoice has been $33,725, with an approximate low of $20,746 and a high of $44,560. Based on the costs to date, additional funding will be necessary to cover expenses through the end of the Fiscal Year.

Staff is coordinating recovery of costs associated with traffic collisions and will continue communication repairs needed to have the total traffic signal network on- line with the TOC. It is necessary to approve A mendment No. 2 to the SFE contract services agreement to cover the remaining months of this Fiscal Year. A copy of the proposed amendment is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing ; therefore, the traffic signal maintenance services to be provided to the City are considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Community Infrastructure (3A) Improve City Facilities – Prioritize Deferred Maintenance.

FISCAL IMPACT:

Sufficient funds for Amendment No. 2 are available in Engineering Account 1002000- 40105, Contractual Services.

Item 1D - Page 3
REVIEWED BY:

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

ATTACHMENTS:

A. Public Interest Disclosure Form
B. Amendment No. 2

Item 1D - Page 4

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

ATTACHMENT B

Item 1D - Page 8
AMENDMENT NO. 2 TO THE TRAFFIC SIGNAL MAINTENANCE AND

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

1. Parties and Date.

This Amendment No. 2 to the Traffic Signal Maintenance and Traffic Management Center (TMC) Support Services Agreement No. 8865 is made and entered into as of this _____ day of
____________, 2024, by and between the City of Palm Springs (“City”) and St.

Francis Electric, LLC, a California l imited liability company, with its principal place of business at 975 Carden Street, San Leandro, CA 94577 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

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

2.2 Amendment No. 1
. The City and Contractor amended the Agreement to provide additional services increasing Purchase Order 23000087 by one hundred thirty thousand dollars ($130,000) for a new maximum contract amount of $510,000 for Fiscal Year 22/23.

2.3 Amendment No 2.

The City and Contractor desire to amend the Agreement to provide additional services increasing Purchase Order 24000295 by two hundred thousand dollars ($200,000) for Fiscal Year 23/24.

2.4 Amendment Authority
. This Amendment No. 2 is authorized pursuant to Section 2.3, Changes in Scope, of the Agreement.

3. Terms.

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

Compensation shall not exceed the maximum contract amount of Five Hundre d Eighty Thousand Dollars ($580,000) ("Maximum Contract Amount") for Fiscal Year 23/24.

3.2 Continuing Effect of Agreement
. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

Item 1D - Page 9

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

Item 1D - Page 10
SIGNATURE PAGE TO AMENDMENT NO. 2 BY AND BETWEEN
THE CITY OF PALM SPRINGS AND ST. FRANCIS ELECTRIC, LLC

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1D - Page 11

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: APPROVE THE DONATION OF 755 THEATRE SEATS FROM THE

PLAZA THEATRE TO THE PLAZA THEATRE FOUNDATION

FROM: Scott C. Stiles, City Manager

BY: Teresa Gallavan, Assistant City Manager

SUMMARY:

The City of Palm Springs in partnership with the Plaza Theatre Foundation, a non- profit organization, is renovating the Plaza Theatre. As part of the renovation, new theatre seats will replace the current ones. The Plaza Theatre Foundation desires to donat e as many of existing theatre seats as possible to other performing arts venues that can use them.

RECOMMENDATION:

1. Waive the surplus equipment bid and auction requirements of 7.07.020 (3) of the Municipal Code and approve the donation of the surplus 755 Plaza Theatre seats to the Plaza Theatre Foundation;

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

BACKGROUND:

On December 14, 2023, Palm Springs City Council awarded a construction contract for the renovation of the Plaza Theatre. As part of the renovation project, new theatre seats will be installed. The City does not have use for the existing theatre seats, and they would otherwise be disposed of during construction. In an effort to divert the seats from a landfill, the Plaza Theatre Foundation (Foundation) requested to be given the opportunity to solicit sale of the seats. The Foundation reached out to a broker and engaged their contacts and donors for the theatre renovation and have been unsuccessful in finding interested theatre seat buyers. The Foundation found the used theatre seat market is saturated with product and low demand. Still wanting to avoid the seats going into a landfill, the Foundation began reaching out to various large- and small-scale performing arts venues to see if there was interest in receiving donated seats. The Foundation has had some limited success in locating one small performing arts venue with a request for the donation Item 1E - Page 1
City Council Staff Report
February 8, 2024 – Page 2
Donate Plaza Theatre Seating

of an estimated 300 seats, and a few others wanting a dozen or so seats each, identified as follows:

• Port Saint Joe’s Historic Theatre Art and Culture Center, Port Saint Joe, Florida • ETC Lighting, Los Angeles, California
• Bijou Cinema, Yucca Valley, California

While sale of the seats may be possible, it has proven to be a very time -consuming task that may take months or longer to achieve interest, which could in turn cause delays in Construction causing an increase to the overall project cost.

STAFF ANALYSIS:

The City of Palm Springs has reviewed various online sales of vintage theatre seats and found the market to be quite saturated with sales ranging anywhere from $20/seat to $175/seat. The conditions of the seats vary, and staff have found similar seats available for sale and determined an estimated surplus value of the theatre seats of at $80/seat or approximately $60,400.

The Procurement and Contracting Department has canvassed all other City Departments, as required by 7.07.020 (5) of the Municipal Code and has determined that this surplus property is of no beneficial use to any of those Departments. Pursuant to 7.07.020 (6)(g) of the Municipal Code, surplus property may be donated to a non-p rofit organization or other public entity following determination by the City Council the donation would serve a public purpose. The donation of the seats to the Plaza Theatre Foundation will allow the organization to donate the seats to other performing arts venues that are able to utilize them, as an alternative to disposal during construction.

The Plaza Theatre Foundation has drafted a letter ( Attachment A) indicating they are willing to accept the transfer of ownership of the seats so as many as feasible may be donated to other performing arts venues. Staff recommend donation of the theatre seats to the Plaza Theatre Foundation.

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 th e environment. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Item 1E - Page 2
City Council Staff Report
February 8, 2024 – Page 3
Donate Plaza Theatre Seating

FISCAL IMPACT:

The surplus value of the existing Plaza Theatre seats is estimated at $6 0,400. It is anticipated that the donation of this item would better serve other performing arts organizations that can use them.

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Plaza Theatre Foundation Request for Donation

Item 1E - Page 3

ATTACHMENT A

Item 1E - Page 4
Item 1E - Page 5
February 1 , 2024
Dear Mayor Bernstein and Members of the City Council,
The Palm Springs Plaza Theatre Foundation would like to express its strong support for the City's staff report recommending that some of the Plaza Theatre's used theatre seats be turned over to the Foundation for purposes of donation. We are excited to be in partnership with the City as the restoration of the City's historic Plaza Theatre begins expeditiously.

B wa~ of J)ackground. k.f-0undation bas ciaoe extensive research and work. :09:
behalf of the City, to determine the best option for the used theatre seats. Given the timing of the contractor's schedule in moving forward very quickly, the make and condition of the used seats and current market conditions, it was determined that the best and only option, to avoid disposal is to donate the used seats to another theatre or venue in need. We learned that there is no market to sell these used theatre seats. We consulted with seat experts, including the premier seat broker in Southern California, California Seating, as well as several other experts, such as Ken Stein, President of the League of Historic American Theaters, in the industry. This is currently what other theaters undergoing restoration are trying to do as well which is to find another venue that can re-use the seats. We have received requests from other theaters for seat donations.

Per direction of City staff and project managers on January 25, 2024, we were asked to tag and identify the seats in the theatre for donation by January 28, 2024. We completed this task.

Thank you for your continued support and assistance as we work to expedite the start of construction as soon as possible while at the same time trying to be environmentally conscious in our endeavors and helping other theatres in serious need.

Sincerely,
J.R. Roberts
President
Palm Spring Plaza Theatre Foundation
1775 E. Palm Canyon Drive, Suite 110-1028, Palm Springs CA 92264 • SaveThePlazaTheotrePS.org

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 2, 2024 CONSENT CALENDAR

SUBJECT: QUITCLAIM OF A PORTION OF A N EXISTING PEDESTRIAN ACCESS EASEMENT TO ACCOMMODATE NEW PARKING STALLS AT 4057 E .

PALM CANYON DRIVE (APN 681 -070-034), SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M., CASE NO. 3.1358, ENG. FILE R 23-12- 4057

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

This action will allow the City to q uitclaim a portion of a Pedestrian Access Easement (PAE) to accommodate new parking spaces as part of the expansion of an adjoining commercial building. The existing PAE was reserved as a result of a Right -of-Way vacation recorded in 2008. To add the new parking spaces, the applicant was required to dedicate an additional portion of the P AE to follow the new sidewalk alignment. This Quitclaim is to eliminate that portion of the existing PAE that falls outside of the new sidewalk alignment and within the new parking spaces envelope.

RECOMMENDATION:

1. Approve this Quit claim of a portion of a Pedestrian Access Easement (PAE) to accommodate new parking spaces. Said PAE resulted from a Right -of-Way vacation of a portion of E. Palm Canyon Drive, per Resolution No. 22155, recorded on March 13, 2008.

2. Direct the City Clerk to complete processing of the attached Quit claim Deed and cause it to be recorded with the Riverside County Recorder.

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

BUSINESS PRINCIPAL DISCLOSURE:

N/A.

Item 1F - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
Quit Claim of a Portion of a Pedestrian Access Easement

BACKGROUND:

The owner applied for expansion of a commercial building and additional parking spaces along the southern frontage road of E. Palm Canyon Drive between Auto Center Drive and Cherokee Way. A n existing 10-foot-wide P edestrian Access Easement (P AE), reserved as part of a Right -of-Way vacation, encompasses the existing sidewalk that adjoins the frontage road along the south side of E . Palm Canyon Drive. Specifically, Section 4 of City of Palm Springs Resolution No. 22155 reserved a 10-foot wide PAE as a condition of the vacation. Said Resolution No. 22155 was approved by City Council on February 13, 2008, and recorded with the Riverside County Recorder on March 13, 2008.

STAFF ANALYSIS:

On January 10, 2023, Engineering Services Staff reviewed and provided Conditions of Approval for the proposed building expansion. Engineering Condition ENG 4 requires the applicant to maintain an 8-foot-wide sidewalk along the frontage. The new parking spaces required shifting the new sidewalk outside of the existing Pedestrian Access Easement.

The applicant dedicated an additional Pedestrian Access Easement with Instrument No. 210100, recorded on July 19, 2023 with Riverside County Recorder to accommodate that portion of new sidewalk outside of the existing Pedestrian Access Easement . This Quitclaim removes that portion of the existing Pedestrian Access Easement that f alls outside the new sidewalk alignment and within the new parking spaces envelope.

Since there are no public utilities or public right -of-way within this P edestrian Access Easement, it is Staff’s recommendation that recording of a Quitclaim Deed is sufficient to eliminate this portion of the Pedestrian Access Easement , rather than a summary vacation which requires a separate approval by the Planning Commission to assure that this action is in accordance with the General Plan. As a comparable pedestrian easement will be maintained and has been recorded, staff is in support of the proposed action.

ENVIRONMENTAL ASSESSMENT
:

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

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

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

None.

Item 1F - Page 2
City Council Staff Report
February 8, 2024 -- Page 3
Quit Claim of a Portion of a Pedestrian Access Easement

REVIEWED BY:

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

ATTACHMENTS:

A. CPS Resolution No. 22155
B. Grant of Easement 2023-0210100
C. Quit Claim and Exhibits “A” & “B”
Item 1F - Page 3

ATTACHMENT A

Item 1F - Page 4
Item 1F - Page 5
RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:

CITY OF PALM SPRINGS
PO BOX 2743
PALM SPRINGS, CA 92262
ATTN: OFFICE OF THE CITY CLERK
•
s R
I
M A
,/C}/b
• DOC# 2008-0122976
03/13/2008 08:00A Fee:NC

Page 1 of 6 ends

Recorded in OfficJal Records
Cou-ity of Riverside
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Assessor, County Clerk & Recorder
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Filing Fee EXEMPT per Government Code 6103
RESOLUTION No. 22155

VACATION OF A PORTION OF EAST PALM CANYON
DRIVE (File R 07-017)
Title of Document

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fees Applies)
Item 1F - Page 6
• •
RESOLUTION NO. 22155

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, VACATING AND

ABANDONING ALL OF ITS RIGHT, TITLE AND INTEREST

IN A PORTION OF PUBLIC RIGHT-OF-WAY DEDICATED

FOR EAST PALM CANYON DRIVE LOCATED WEST OF
CHEROKEE WAY, IN SECTION 30, TOWNSHIP 4 SOUTH,
RANGE 5 EAST, FILE R 07-017.

WHEREAS, the City Council of the City of Palm Springs, California, is authorized by Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the State of California (the "statute"), to vacate and close to public use right-of-way dedicated for public streets, or parts thereof, within the limits of the City; and WHEREAS, pursuant to Section 8320 of the statute, the City Clerk administratively set a public hearing for February 13, 2008, for City Council consideration of vacating and closing to public use a portion of the public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way; and
WHEREAS, the City Clerk did cause to be published a notice of the public hearing, and did cause to be posted notices of vacation along the line of the subject public right-of way, as required by the statute; and
WHEREAS, the City Council did hold a public hearing as required by the statute, and has considered all evidence submitted concerning the portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way, being the vacated area described and shown on Exhibits "A" and "B" attached hereto and made a part hereof, and the need therefore for present and prospective public use.

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

Section 1. The City Council does hereby find that the portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way is unnecessary for present or prospective public use.

Section 2. Subject to Sections 3 and 4, the City Council does hereby vacate and abandon all the City's right, title and interest in the portion of public right-of-way dedicated for East Palm Canyon Drive adjacent to the property located at the southwest corner of East Palm Canyon Drive and Cherokee Way, as described and shown on Exhibits "A" and "B", attached hereto and made a part hereof.

I 11111111111111/ I I II IID 11111
2888-8122976
@3t'13/2888 oo,ooA
e of s
Item 1F - Page 7
Resolution No. 22155
Page2 • •
Section 3. The City of Palm Springs reserves and excepts from the foregoing vacation a sewer easement and a public utility easement to operate and maintain sewers, pipelines, cables, wires or any other facility of any governmental agency or utility corporation existing in, under, or over the vacated area, unless quitclaimed or released by the owner thereof.

Section 4. The City of Palm Springs reserves and excepts from the foregoing vacation an easement for public sidewalk and pedestrian access purposes extending over the southerly 10 feet of that portion of the vacated area identified as Parcel 1, lying easterly of the most easterly point of that portion of the vacated area identified as Parcel 2, as described on Exhibit "A" and shown on Exhibit "B".

Section 5. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the County Recorder of Riverside County.

ADOPTED this 13th day of Febru~~
ATTEST:

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22155 is a full, true and correct copy, and was duly adopted at an adjourned meeting of the City Council of the City of Palm Springs on the 13111 day of February, 2008, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.

None.

None.
2888-9122978
93/13/2:998 98, 88A
3 of 6
Item 1F - Page 8
• •

EXI-IIBIT A
THAT PORTION OF THE SOllTlfl•:AST QlJARTFR <>F Tiff-: NORTI !WEST Qll/\RTFR OF SECTION :rn. TOWNSI HP 4 SOl lTI L RAN(iF 5 FAST, S.RB.& M .. MC >RL PARTICULARLY DESCRIBED JN THE FOLLOWING TWO PARCELS PARCEL 1
BEGINNING (P.O.8.) AT TIIE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ALONG THE EAST LINE OF SAID NORTHWEST QlJARTl:R AND THE CENTERLINE OF CI{EROKEE WAY NORTII 00° 03' 41" WEST, A DISTANCE OF 210.78 FEET, TO THE SOUTH RIGHT-OF-WAY LINE OF EAST PALM CANYON DRIVE, BEING 202 FEET WIDE, SAID SOUTI I RIGHT-OF-WAY LINE DESCRJBED IN DOCUMENT RECORDED ON MAY J, 1967 AS INSTRUMENT NO. 37983; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 73° 00' 00" WEST, A DISTANCE OF 77.41 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.8.). SAID POINT BEING ON A LINE PARALLEL WITH, AND 74.00 FEET WESTERLY OF THE CENTERLINE OF CHEROKEE WAY, BEING 88 FEET WIDE; THENCE ALONG SAID PARALLEL UNE NORTH 00° 03' 41" WEST, A DISTANCE OF 53.35 FEET TO A POINTON A LINE PARALLLEL WITH ANO 51 FEET NORTH OF SAID SOUTH RIGHT-OF-WAY LINE; THENCE ALONG SAID PARALLEL LINE NORTH 73° 00' 00" WEST, A DISTANCE OF I 302.95 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER; TIIBNCE ALONG SAID WEST LINE SOUTH 00° 05' 46" EAST, A DISTANCE OF 53.36 FEET TO SAID SOUTH RIGHT-OF-WAY LINE; TIIENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 73° 00' 00" EAST, A DISTANCE OF 1302.91 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL I CONTAINS 66,449.43 SF (1.53 Ac)
PARCEL2
BEGINNING (P.O.B.) AT THE SOU1HWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE WEST LINE OF SAID SOUTIIEAST QUARTER NORTH 00° 05' 46't WEST, A DISTANCE OF 617.35 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST PALM CANYON DRIVE, BEING 202 FEET WIDE; J:\ADMIN PROCESSING\JOS6\QUITCLAIM EASEMENT 1-3--08.doc I 11111111111111 11111 1111111111 1111111111 Ill 1111111111111 2088-0122976
S3/ 13/~SS8 98' 99A
4 of 6
DMc
DATE: 01-02-08
JN: 1056
1/2
Item 1F - Page 9
,---------------------- ... -·.
• •
·rnENCE ALONG SAID SOUTI l RlGl IT-OF-WAY I .INE SOlJTI I 73° 00' 00'' EAST, A DISTANCE OF 6.55 FEET TO TJ lE TRUE POINT OF BEGINNING {T.P.O.B.J; "IlfENCE CONTINUING ALONG SAID SOUTI I RK.H lT-OF-WA y LINE SOUTI I 73° oo· 00" EAST, A DISTANCE OF l 54.14 FEET:

TIIENCE SOUTH 89° 56' 15" WEST. A DISTANCE OF 91.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTI-IERL Y. HAVING A RADlUS OF 51.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 03' 46", CALCS AN ARC DISTANCE OF 15.19 FEET;
THENCE NORTH 73° oo· 00" WEST, A DISTANCE OF 6.00 FEET TO THE BEGINNING.

OF A TANGENT CURVE CONCA VE NORTHERLY, HAVING A RADlUS OF 5 J .00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64° 26' 49" AN ARC DISTANCE OF 57.37 TO THE TRUE POINT OF BEGINNING;
PARCEL 2 ALSO BEING THAT CERTAIN PARCEL OF LAND DESCRIBED IN INSTRUMENT NO. 106963, RECORDED MAY 21, 1984;
PARCEL 2 CONTAINS 2719.46 SF (0.06 Ac)
PARCELS I AND 2 MORE PARTICULARLY SHOWN ON EXHIBIT 8, A IT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY.
l:\ADMIN PROCESSING\10S6\10S6-R.OW-QUITCLAIM EASEMENT 1-3-08.doc DMc
DATE: 01--02-08
JN: 1056
I 11111111111111 11111 1111111111 1111111111 Ill 1111111111111 261618-8122976
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Item 1F - Page 10
•
EXHIBIT ·s· •
SCALE : 1"=200'
,
1/
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SECTION .JO T4S, R5E
SECnON REFERENCE
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LINE TABLE

LINE DISTANCE BEARING
LI 6.55 :s:t3'00'00"E
L2 154.14 s73•oo·oo·E
L3 91.18 ;s:1;:';:11 ~I>-,;;, 'w
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CURVE TABLE
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CURI/E I LENGTH I RAD[US T
Cll 15.191
PARCEL 2
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R=51.00
L=57.37
/J=64"26'49" ------

DETAIL A
N. T.S

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ANGLE Q-~· ~' $;-, 17'03'46'
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NGINEERING SKETCH TO ACCOIIPAIIY LEQAL DE.SORIPTION SHEET f CM Tel: (949) 753-9393 • Fax: (949) 7S3-9322
IBTcdmologyDrivc, Suite 100, Irvine, Califilmia 92611
E-Mail: [email protected] • www.dmceug.com
EAST PALM CANYON DRIVE GCITOLAIII 1-08-08
BMW OF PALM 8PRMl8 .M: 1056
Z: \acad-jobs\1056\dwg 1056-ROW-Ouitclalm.

ATTACHMENT B
Item 1F - Page 11
Item 1F - Page 12

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Palm Springs
Attn: City Clerk
Box 2743
Palm Springs, CA 92263
2023-0210100
07/ 19/2023 04 :46 PM Fee : $ 0 . 00

Page 1 of 6 ends

Recorded in Official Records
County of Riverside
Peter Aldana Assessor-County Clerk-Recorder
1111 ~l~~lt~~~iij~t,11111 ffjf ---- --- - ----,
R A Exam:
1st
Page DA PCOR Misc Long RFD Pg Adtl p Cert cc
SIZE NCOR SMF NCHG T:
/EOR RECORDERS USE ONLY}
Pursuant to Government Code Section 6103, this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply.

R 23-04-4057 NO DOCUMENTARY STAMPS NEEDED
APN: 681-070-034
TRA 011-060
\Jl'f :w--

GRANT OF EASEMENT
For a valuable consideration , receipt of which is hereby acknowledged , FDH Enterprises, Inc., an Arkansas Corporation, GRANTOR , hereby grants to the City of Palm Springs , a charter city and municipal corporation organized under the laws of the State of California , GRANTEE , an easement for sidewalk and pedestrian access purposes over and across the real property in the City of Palm Springs , County of Riverside , State of California , described as follows :

Being over the land described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part thereof .

FDH ENTERPRISES INC, an Arkansas Corporation
Item 1F - Page 13

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 valid ity of that document.

Ar Kt:i. t'\a c;,,S
State of Calife ~ i~
--~ · County of v., ~ ~ i
On Apr:\ ~O ,fi0cHbefore me, &u.[\.t~ 1< 6rud-er . Public Notary (here insert name and title of the officer)
personally appeared __________ J_e_r...:;ry_G_. _Jo_h_n_s_o_n ________ _ who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of Californ ia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature -~----A(---'--...... ~----'--=....-....+-------- Item 1F - Page 14

OWNER'S AFFIDAVIT FOR DEDICATION OF RIGHT-OF-WAY

IN ACCORDANCE W ITH THE SUBDIVISION MAP ACT
AND THE CITY OF PALM SPRINGS .

I (We), the unders igned , do hereby certify that l(we ) am (are all) in agreement to the dedication of right-of-way as described on the attached lega l description and plat and do hereby approve of, join in, and consent to the preparation and execution of the dedicat ion of right-of-way procedures .

FDH Enterprises, Inc.

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

STATE OF Ar i.aVt.Jilt'S
couNT Y oF f?µ\v..s L
}
} ss
}
On {¼>c: \ ~ O, ib~ 1'efore me, __ ~-=-Q.1.,.<:.!..;r0:M...:..:fv::...._~~-4~~J.-"-f-'-e=--r ____ , Notary Public, DATE
personally appeared ________ J_e_r_ry_G_. _J_o_h_n_s_o_n ______ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,§eal) ,,,,,.. ,,,,,,, .,_,, K ,,, "'' a 1' . 8.JJ ,,,,. ~.. ~ "'. ....... _.,...,. ,,,. . ~~✓--- _'40.123_,;· .. ~-=-~
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~ c:: ·. ~, 'B\.'c,I. : ~:
$ <" ·. 'u , : ~ S ~ T. . . .\ ... . ~::
~ '5' ~ . . . . t_-,.,.. o:r_ .. J,._ 't- ,i ii-. 'f/~ . ~.... . a..~.,, ~~ C ........ t-'"" ,, ',:, OLJNT'l, ,,,,,,,
,,,,,., .. ""''''
WITNESS my hand and official seal.

Signature of Notary
Item 1F - Page 15
EXHIBIT "A"
(LEGAL DESCRIPTION)
R23-04-4057

AV ARIABLE WIDTH STRIP OF LAND, IN THE CITY OF PALM SPRINGS , COUNTY OF RIVERSIDE , STATE OF CALIFORNIA , BEING A PORTION OF PARCEL "B" PER LOT LINE ADJUSTMENT 23-01-4057 , RECORDED MAY 12, 2023 AS DOCUMENT NO. 2023-0137004 , OFFICIAL RECORDS OF SAID COUNTY , DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORT HWEST CORNER OF PARCEL 2 AS SHOWN ON PARCEL MAP FILED DECEMB ER 6, 1973, IN PARCEL MAP BOOK 11, PAGE 5, RECORDS OF SAID COUNTY ;
THENCE , SOUTH 73°00'00 " EAST, ALONG THE NORTHERLY LINE OF SAID PARCEL 2,

31.24 FEET , TO THE POINT OF BEGINNING ;
THENCE , CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 73°00'00" EAST, 124.63 FEET TO THE NORTHEAST CORNER THEREOF ;
THENCE , ALONG THE EAST LINE OF SAID PARCEL 2, SOUTH 00°03'50" EAST, 3.84 FEET;
THENCE , PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 73°00'00" WEST, 82.13 FEET ;
THENCE, NORTH 54°18' 01" WEST, 7.83 FEET TO A LINE AGAIN PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL 2;
THENCE , ALONG SAID PARALLEL LINE , NORTH 73°00' 00" WEST , 36.21 FEET ; THENCE , AT RIGHT ANGLES , NORTH 17°00'00" EAST, 1.16 FEET , TO THE POINT OF BEGINNING .

SUBJECT TO EXISTING EASEMENTS , COVENANTS , COND ITIONS , RESERVATIONS , RESTRICTIONS, RIGHT-OF-WAY OF RECORD IF ANY .

CONTAINING 359.35 SQUARE FEET MORE OR LESS.

AS DEPICTED ON EXHIBIT "B" A TT ACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

THIS DESCRIPTION HAS BEEN PREPARED BY ME OR
MY DIRECTION .
_ /.v;ug__, d?-k 6/29/2023
D EL RUBIO P.L.S. 8239
MY LICENSE EXPIRES : 12/31/23
Item 1F - Page 16
- -JONES, CAHL & ASSOCIATES

CONSULTING ENGINEERS
EXHIBIT "B"

SIDEWALK EASEMENT
R 23-D4-4057 18090 Beach Boulevard - Huntington Beuch
California 92648 - (7 14) 848--0566 C"
e-mail: [email protected] C:::----------

VICINITY MAP
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PARCEL •s• PER LLA 23-ot-4057
(INST. 2023-G137004)
LEGEND
P.0.8. - POINT OF BEGINNING
P.0.C. - POINT OF COMMENCEMENT
l1/7J - INDICATES EASEMENT AREA
(373 .19 SQ. FT.)
- PROPERTY LINE
- - - - EXISTING EASEMENT LINE
L#E TABL.E
L 1 soo·o3•5o"E
L2 N 17·oo·oo"E
L3 N73'00'00"W
L4 N54.18'01 "W

3.84'

1.16'

36.2 1'

7.83'
[L@if' il
[LI!:,£ ~@. @@c@®
£~[K!I ®ijiJc@u'@c@~~
N89·52•2o"E 149.01'
Na9·52•2o"E
NOT TO SCALE ~
PORTION OF E. PALM

CANYON VACATED PER
DOCUMENT NO.
2008 -1 2276
Do·•~
.-----._,.___,, ...... ---- <Js.8§--
L 1 -------
225.51'
------
AP.N.
681-070-034
ino
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CITY OF PALM SPRINGS ENGINEERING SERVICES
SEE EXHIBIT II A" ~ 1"=40' Cl'S,~3-04--045
om:lllBY: DAE 6 /29 /23 !HIT l«l 1 OF 1
Item 1F - Page 17

CITY OF PALM SPRINGS

OFFICE OF THE CITY CLERK
3200 E. Tahquit z Canyon Way
Palm Spring s, CA 92262
(760) 323-8204

CERTIFICATE OF ACCEPTANCE
TI-IlS IS TO CERTIFY that the intere st in real property conveyed by

GRANT OF EASEMENT
Land described in Exhibit "A" and shown on Exh ibit "B" APN: 681-070 -034
Dated: April 20, 2023
from ,
FDH ENTERPRISES, INC.

Grantor , to the City of Palm Springs , a muni cipal corporation and charte r city, Grantee, is hereb y accepted by the C ity Clerk of sa id City of Palm Springs , on this 19th day of Jul y, 2023 , pursuant to authority granted by the C ity Council of sa id City, by Reso lution No. 20255 made on the 16th day o f January, 2002 , and the Grantee consents to recordation the reof by the City Clerk, its duly authori zed officer.

Dated at Palm Springs, Califomja , this 19th day of July 2023.

BRENT RASI ,

DEPUTY CITY CLERK

ATTACHMENT C
Item 1F - Page 18

SPACE ABOVE THIS LI
NE FOR RECORDER’S USE ONLY

QUITCLAIM DEED
TRA: _______
___________________
APN: __________________________

RECORDING REQ

UESTED BY

AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:

NAME
STREET

ADDRESS

CITY, STATE &

ZIP CODE
TITLE ORDER NO. __________________________
ESCROW NO. ____________________
The undersign
ed grantor(s) declare(s)
DOCUMENTARY TRANSFER TAX $ ____________________
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.

Unincorporated Area City of ______
______________________

FOR VALUABLE CONSIDER
ATION, receipt of which is hereby acknowledged, I (We) ______________________________________ ___________________________________________________________________________________________________________ (NAM

E OF GRANTOR(S))
hereby
remise, release and quitclaim to ___________________________________________________________________________ ___________________________________________________________________________________________________________ (NAM

E OF GRANTEE(S))
the followi
ng described real property in the City of ____________________________________,County of ______________________, State of ______________________________.
(Insert Legal Description)
DATED: _________________________________ __________________________________________________ __________________________________________________

STATE OF CALIFORNIA
COUNTY OF __________________________
On __________________________ before me, __________________________________________________, personally appeared (here insert
name and title of the officer)
________
___________________________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are su bscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie s), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ________________________________________________ (SEAL)

MAIL TAX STATEMENT AS DIRECTED ABOVE
hat document.the truthfulness, accuracy, or validity of t attached, and not document to which this certificate is identity of the individual who signed the verifies only the A notary public or other officer completing this certificate Name
Name
Item 1F - Page 19
EXHIBIT “A”

LEGAL DESCRIPTION

QUITCLAIM OF A PORTION OF A

PEDESTRIAN ACCESS EASMENT
R 23-12-4057
A PORTION OF A 10 FT. WIDE EASEMENT RESERVED FOR PUBLIC SIDEWALK AND PEDESTRIAN ACCESS PURPOSES WITHIN A 51 FT. WIDE RIGHT-OF-WAY VACATION, PER CITY OF PALM SPRINGS RESOLUTION NO. 22155, APPROVED BY THE CITY COUNCIL ON THE FEBRUARY 13, 2008, AND RECORDED AS INSTRUMENT NO. 122976 ON MARCH 13,, 2008, IN RIVERSIDE COUNTY RECORDER RECORDS, AND WITHIN PARCEL “B” OF LOT LINE ADJUSTMENT 23-01-4057, RECORDED AS INSTRUMENT NO. 137004 ON MAY 12, 2023.

COMMENCING AT THE NORTHEAST CORNER OF PARCEL “B” OF SAID LOT LINE ADJUSTMENT 23-01-4057;
THENCE SOUTH 00º03’50” EAST, A DISTANCE OF 43.53 FEET TO A POINT ON THE

EAST BOUNDARY OF SAID PARCEL B, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EAST BOUNDARY, NORTH 73º00’00” WEST, A DISTANCE OF 86.01 FEET;
THENCE SOUTH 17º00’00” WEST, A DISTANCE OF 2.10 FEET;
THENCE SOUTH 54º18’01” EAST, A DISTANCE OF 9.47 FEET;
THENCE SOUTH 73º00’00” EAST, A DISTANCE OF 78.65 FEET;
THENCE NORTH 00º03”50” WEST, A DISTANCE OF 5.38 FEET TO THE TRUE POINT OF BEGINNING.

SUBJECT TO ALL EXISTING CONDITIONS, RESERVATION, RESTRICTIONS,

EASEMENTS, OFFERS OF DEDICATION, RIGHTS, AND RIGHTS -OF-WAY OF RECORD, IF ANY.

SAID EASEMENT CONTAINS 433 SQUARE FEET, MORE OR LESS, AND SHOWN AS ON EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

Item 1F - Page 20

E PALM CANYON DRIVE
PARCEL "B"
LLA 23-01-4057
INST. NO. 0137004
REC'D. 05/12/2023
APN 681-070-034
*10'

PED ACCESSEASEMENT
50'

PUBLIC R/W
*VACATION OF A

PORTION OFE PALM CANYON R/W
INST. NO. 122976
REC. 3/13/2008
T.P.O.B.

N 00°03'50" W
129.54'
*51'
N 00°03'50" W 202.60'
S 00°03'50" E 338.02'
S 73°00'00" E 155.84 '
S 89°52'20" W 149.02'
P.O.C.

N.E. COR.

PARCEL "B"
N89°52'30"W

5.00'
S00°03'50"E

43.53'

SEE QUITCLAIM AREA

DETAIL BELOW
*10'

PED ACCESSEASEMENT
PED. ACCESS ESMT.

PER INST. NO. 210100
REC. 7/19/2023
PARCEL "B"
PED. ACCESS ESMT.

PER INST. NO. 210100
REC. 7/19/2023
EXHIBIT "B"

CITY OF PALM SPRINGS ENGINEERING SERVICES
DRAWN BY:

CHECKED BY:

SCALE:

DATE:

LEGAL DESCRIPTION:

SEE EXHIBIT "A"
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SHEET NO.

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4 78.65'S 73°00'00" E
N 00°03'50" W

PEDESTRIAN ACCESS EASEMENT QUITCLAIM AREA DETAIL
T.P.O.B.

QUITCLAIM OF A PORTION

OF A PEDESTRIAN

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Item 1F - Page 21
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X'f..X 06 12 2023 1 of 1

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE AGREEMENT NO. 23C360 WITH FIESTA FORD INC ., FOR

AUTOMOTIVE PARTS AND SERVICE

FROM: Scott C. Stiles, City Manager

BY: D avid McAbee, Director of Public Works

SUMMARY:

This action will approve Cooperative Purchase Agreement 23C360 with Fiesta Ford Inc., doing business through its approved Ford Motors dealer in Indio, California, in the amount of $300,000 to purchase automotive parts and service.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement 23C360 with Fiesta Ford, Inc. in the amount of $300,000 to purchase automotive parts and service for an initial three- year term beginning February 12, 2024, continuing through February 11, 2027, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), Fiesta Ford Inc . is registered in the State of California.

STAFF ANALYSIS:

This agreement will provide the Fleet Operations Division with an effective means of acquiring commonly stocked and dealer -specific automotive parts and service for operations and maintenance of the City’s fleet.

In accordance with City of Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” the Public Works Department is proposing to enter into a three- year Cooperative Purchase Agreement for acquiring commonly stocked and direct order Item 1G - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
Approve Cooperative Purchase Agreement with Fiest Ford Inc.

vehicle and equipment parts through Fiesta Ford Inc., under Sourcewell Contract No. 101520-FMC.

The contract term is three years with two one -year extension options at the City’s sole discretion. The unit pricing is set by the cooperative contract. Staff recommends approval of Cooperative Purchase Agreement No. 23C360 with Fiesta Ford in the amount of $300,000 effective February 12, 2024, through February 11, 2027.

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 contract for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2023-2024 in the Fleet Operations Account 5106560-50105.

REVIEWED BY:

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

ATTACHMENTS:

A. Agreement No. 23C360
B. Public Integrity Disclosure

Item 1G - Page 2

ATTACHMENT A

Item 1G - Page 3

4.13.2023

COO PERAT
IVE PURCHASE AGREEMENT 23C360

AUTOMOTIVE PARTS AND SUPPLIES
SOURCEWELL CONTRACT 101520-FMC
This Cooperative Purchase of automotive parts and supplies Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Ford Motor Company, a Delaware corporation, doing business through its approved dealer, Fiesta Ford, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background
.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No. 101520-FM C with Contractor (“Cooperative Agreement”).
b. The City desires to purchase automotive parts and supplies attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor
desires to perform said services on the terms and conditions set forth in
this Agreement.

2. Term. The term of this Agreement is three years commencing on February 12 , 2024
, and ending on February 11, 2027, with two one-year optional extensions at the City's sole discretion.

3. Compensation
and Payment. This A greement is for an amount not to exceed $300,000.00,
subject to approved amendments and changes. All pricing must be in accordance with the schedule of fees set forth in Attachment “A”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

4. Appropriations.

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

5. Insurance.

Contractor shall procure and maintain, at its sole cost and expense, policies o
f insurance as set forth in the attached Attachment "B", incorporated herein by
reference. If no insurance is required Attachment “B” will reflect that there are no requirements.

6. Indemnification.

To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), f
rom and against any and all liabilities, actions, suits, claims, Item 1G - Page 4

4.13.2023
demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs Fiesta Ford, Inc.

Attn: City Manager/ City Clerk Attn: Gary Boldizar
3200 E. Tahquitz Canyon Way 78990 Varner Rd.

Palm Springs, CA 92262 Indio, CA 92201

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

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

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

Item 1G - Page 5

4.13.2023

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

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

12. 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 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 “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of Item 1G - Page 6

4.13.2023
this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]

Item 1G - Page 7

4.13.2023

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF AUTOMOTIVE PARTS AND

SUPPLIES AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS
AND FIESTA FORD, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ___________________ Item No. ___________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1G - Page 8

4.13.2023

ATTACHMENT A

SCOPE OF WORK

Including,

Schedule of Fees

Item 1G - Page 9

4.13.2023
The scope of the services will be as outlined in the Sourcewell Contract 101520-FMC. Services include automotive parts and supplies. Prices are as outlined on the Sourcewell website:
https://www.sourcewell-mn.gov/cooperative-purchasing/101520-fmc#tab-contact-information.

Item 1G - Page 10

4.13.2023

ATTACHMENT B

INSURANCE REQUIREMENTS

Item 1G - Page 11

4.13.2023

INSURANCE

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

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

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

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

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

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

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

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

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

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Item 1G - Page 12

4.13.2023
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

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

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

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

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

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

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

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

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

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services Item 1G - Page 13

4.13.2023
under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

Item 1G - Page 14

4.13.2023

ATTACHMENT C
EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1G - Page 15

ATTACHMENT B
Item 1G - Page 16
Item 1G - Page 17

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
FIESTA FORD INC.

2. Address of Entity (Principle Place of Business)
78990 VARNER ROAD, INDIO, CA 92203

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

4. State where Entity is Registered with Secretary of State

CALIFORNIA
If other than California, is the Entity also registered in California? n Yes n No 5. Type of Entity 121 Corporation D 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

PAUL THIEL

PAM THIEL
TREVOR J. THIEL
(Revised 09 13 18)
121 Officer D Director O Member D Manager [name]
D General Partner D Limited Partner
other
0 Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
other
0 Officer D Director D Member D Manager [name]
D General Partner O Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

;
N/A
N/A
N/A
N/A
N/A
Item 1G - Page 18

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entity EXAMPLE JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv] A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl 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 intere st in entity and name of entitv]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Sign~Printed Name, Title

ELENA AVALOS

BUSINESS MANAGER
Date
01/03/ 2024
CITY OF PALM SPRINGS- PUBLIC INTEGRllY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

(Revised 09 13 18)

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: APPROVE AGREEMENT NO. 23C394 WITH GENUINE PARTS COMPANY DBA NAPA AUTO PARTS INC., IN THE AMOUNT OF
$300,000 TO PURCHASE AFTERMARKET VEHICLE PARTS

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Cooperative Purchase Agreement 23C394 with Genuine Parts Company dba NAPA Auto Parts Inc., doing business through its approved dealer, Desert Area Corporation, in the amount of $300,000 to purchase aftermarket vehicle parts.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement 23C394 with Genuine Parts Company dba NAPA Auto Parts Inc., doing business through its approved dealer, Desert Area Corporation, in the amount of $300,000 for the initial term to purchase aftermarket vehicle parts for an initial three-year term beginning February 12, 2024 and continuing through February 11, 2027, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), Desert Area Corporation is registered in the State of Georgia.

STAFF ANALYSIS:

This agreement will provide the Fleet Operations division with an effective means of acquiring commonly stocked and direct order vehicle and equipment parts and related products.

In accordance with City of Palm Springs Municipal Code Section 7.09.010, “Cooperative Item 1H - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
Approve Cooperative Purchase Agreement with Desert Area Corporation

Purchasing Programs,” the Public Works Department is proposing to enter into a three- year Cooperative Purchase Agreement for acquiring commonly stocked and direct order vehicle and equipment parts through Genuine Parts Company dba NAPA Auto Parts, doing business through its approved dealer, Desert Area Corporation, under Sourcewell Cooperative Contract 032521-GPC.

The contract term is three years with two one- year extension options at the City’s sole discretion. The unit pricing is set by the cooperative contract. Staff recommends approval of Cooperative Purchase Agreement No. 23C394 with Desert Area Corporation in the amount of $300,000 effective February 12, 2024, through February 11, 2027.

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 contract 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 government s that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2023-2024 in the Fleet Operations Account 5106560-50105.

REVIEWED BY:

ATTACHMENTS:

A. Agreement No. 23C394
B. Public Integrity Disclosure

Item 1H - Page 2

ATTACHMENT A

Item 1H - Page 3

4.13.2023

COO PERAT
IVE PURCHASE AGREEMENT 23C394

AFTERMARKET VEHICLE PARTS
SOURCEWELL CONTRACT 032521-GPC
This Cooperative Purchase of aftermarket vehicle parts Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Genuine Parts Company dba NAPA Auto Parts , a Georgia corporation, doing business through its approved dealer, Desert Area Corporation, a Georgia corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background
.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No. 032521-GP C with Contractor (“Cooperative Agreement”).
b. The City desires to purchase aftermarket vehicle parts attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor
desires to perform said services on the terms and conditions set forth in
this Agreement.

2. Term. The term of this Agreement is sixteen months commencing on February 12, 2024, an
d ending on February 11, 2027, with two one-year optional extension at the sole discretion of the City.

4. Appropriations.

5. Insurance.

6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, o
fficers, employees, agents, and volunteers (collectively the “Indemnified Parties”), f
rom and against any and all liabilities, actions, suits, claims, Item 1H - Page 4

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

IF TO THE CITY:

City of Palm Springs
Attn: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
IF TO THE CONTRACTOR:

Desert
Area Corporation
Attn: Brendan Breisch
42100 Beacon Hill
Palm Desert, CA 922 11

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

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

Item 1H - Page 5

4.13.2023

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

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of Item 1H - Page 6

Item 1H - Page 7

4.13.2023

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF AFTERMARKET VEHICLE

PARTS AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS

AND DESERT AREA CORPORATION

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ______________________ Item No. ______________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

4.13.2023

ATTACHMENT A

SCOPE OF WORK

Including,

Schedule of Fees

Item 1H - Page 9

4.13.2023
The scope of the services will be as outlined in the Sourcewell Contract 032521-GPC. Services include automotive parts and supplies. Prices are as outlined on the Sourcewell website: NAPA Auto Parts – Fleet Parts Supply: Contract 032521-GPC | Sourcewell (sourcewell-mn.gov).

Item 1H - Page 10

4.13.2023

ATTACHMENT B

INSURANCE REQUIREMENTS

Item 1H - Page 11

4.13.2023

INSURANCE

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

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

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

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

7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services Item 1H - Page 13

Item 1H - Page 14

4.13.2023

ATTACHMENT C
EXECUTIVE ORDER N-6-22 CERTIFICATION

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1H - Page 15

ATTACHMENT B
Item 1H - Page 16
Item 1H - Page 17

1. D

2. 3.

4. 5.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
State where Entity is Registered with Secretary of State If other than California, is the Entit
Type of Entity
Yes 0
J&1" Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ___________________ D Officer D Director D Member D Manager [name)
D General Partner D Limited Partner
D Other ____________ _
___________________ D Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other ____________ _
___________________ D Officer D Director D Member D Manager (Revised 09 13 18)
[name]
D General Partner D Limited Partner
D Other _____________ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1H - Page 18

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 entityl
A.
~r:.\- ~ CCx"?DCC-~~
mme_,,m(\ Ll -z..--e) mo.. 0 6"()D/r, ~f\ ':. "-.\~ A-.. At_A--\--r\ ili.r.+ b [name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
1)esc..,+ ~'eO,._, CCX'+>or~ 0
orendan ~\~' Y'\ E:Di- t>ffi~ ~f\9~ ~ HA,~
[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 entityl
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 .
.So\es f\, 0V") ~~e_y /o (A;() ,E:f
'6,e.,'r\ OC\.n Br -e. t , c.. V)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revise d 09 13 18)
(\

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: APPROVE A LEASE AGREEMENT WITH THE LGBTQ COMMUNITY CENTER OF THE DESERT FOR TENANT SPACE AT 2901 EAST ALEJO

ROAD FOR A FOOD BANK USE

FROM: Scott C. Stiles, City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This is a request for approval of a lease agreement (Agreement) with the LGBTQ Community Center of the Desert (The Center) for tenant space at 2901 E. Alejo Road.

The Center will use the space for food bank operations on a temporary basis.

RECOMMENDATION:

1. Approve a Lease Agreement between the City of Palm Springs and the LGBTQ Community Center of the Desert for tenant space at 2901 E. Alejo Road, Palm Springs, California.

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

STAFF ANALYSIS:

Representatives from The Center have been in discussions with City staff to lease a portion of the existing building on City-owned property located at 2901 E. Alejo Road to operate a community food bank . The Center’s food bank has been in operation since 2008, and provides produce, dairy products, proteins, and staples to residents in need of food assistance. Distribution of items is provided once a week. If approved, The Center will move the food bank operations from its current location on S. Belardo Road to the Alejo property in March of 2024.

The building is part of a multi -building complex which has been managed by CVEP as part of the I-Hub campus. While the site is owned by the City of Palm Springs, it is within the boundaries of the Airport property, and will eventually transition to airport -related functions. Until such time as the Airport Master Plan is completed and implementation is under way, temporary uses such as the community food bank may be allowed. The Item 1I - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
The Center Lease Agreement

Center representatives are aware of the temporary nature of the use and support the proposed Agreement as drafted.

Per the terms of the proposed Agreement, The Center will pay $1,500 per month for the tenant space and pay for their portion of the utility costs. They will also be responsible for the costs of any tenant improvements necessary to support the food bank use. The Center will maintain insurance coverage as required by the City and agrees to the indemnity terms set forth in the Agreement.

FISCAL IMPACT:

The Agreement specifies a rental rate of $1,500 per month for the tenant space for the term of the agreement. The tenant will be responsible for their pro-rata share of utilities.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles

ATTACHMENTS:

A. Lease Agreement

Item 1I - Page 2

ATTACHMENT A
Item 1I - Page 3
-1-

CITY OF PALM SPRINGS

AIRPORT LEASE

This Airport Lease Agreement (“Agreement”) is made and entered into this _____ day of ____________, 20__ by and between the City of Palm Springs, a charter city and municipal corporation (“City”) and the LGBTQ Community Center of the Desert, a California nonprofit corporation (“Tenant”). City and Tenant may be individually referred to as “Party” or collectively as the “Parties”.

RECITALS

A. The City is the owner and operator of the Palm Springs International Airport (“Airport”) located at 3400 E Tahquitz Canyon Way, Palm Springs, CA 92262.

B. Tenant desires to lease property from the City in order to operate a community food bank.

NOW THEREFORE, for and in consideration of the mutual representations, warranties, covenants, obligations, privileges, conditions, and agreements set forth in this Agreement, the Parties hereby agree as follows:

AGREEMENT

1. INCORPORATION OF RECITALS. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. LEASED PREMISES.

2.1 Lease. City hereby leases to Tenant and Tenant leases from City, certain real property located within the City of Palm Springs, County of Riverside, California, as more particularly described in Exhibit “A”, attached hereto and incorporated herein by this reference.

This leased property, as defined herein, is leased to Tenant and referred to in this Agreement as the “Leased Premises”.

2.2 Acceptance of Leased Premises. Tenant hereby accepts the Leased Premises in the condition existing as of the date hereof. Tenant hereby agrees that the Leased Premises are in a good and tenantable condition and acknowledges that it has inspected the Leased Premises and common areas of the Airport to its satisfaction and acknowledges that City is not obligated to make any repairs or alterations to the Leased Premises or common areas.

2.3 Reservations to City. Tenant further accepts the Leased Premises subject to any and all existing easements and encumbrances. City reserves the right without obligation to install, lay, construct, maintain and repair utilities and appurtenances necessary or convenient in connection therewith in, over, upon, through, across, under and along the Leased Premises or any part thereof, and to enter the Leased Premises for any and all such purposes. City also reserves the right to grant franchises, easements, rights of-way and permits in, over, upon, through, across, under and along any and all portions of the Leased Premises. No right reserved by City in this clause shall be so exercised as to interfere unreasonably with Tenant's operations Item 1I - Page 4
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hereunder, and the rights granted to third parties by reason of this clause shall contain provisions that the surface of the land shall be restored as nearly as practicable to its condition prior to the construction upon completion of any construction.

3. TERM.

3.1 Original Term. The original term of this Agreement shall be for two (2) years, commencing on March 1, 2024 (the “Commencement Date”) and ending at on February 28, 2026 (“Original Term”), unless sooner terminated in accordance with this Agreement.

3.2 Possession. The Tenant is granted full and complete access to the Leased Premises as of the Commencement Date of this Agreement and, so long as Tenant is not in default hereunder, the right to its possession for the duration of this Agreement.

3.3 Expiration or Termination of Term. Tenant shall, at the expiration of the term of this Agreement, or upon its earlier termination, return the Leased Premises in conformance with Section 15. Prior to expiration of termination of this Agreement, Tenant shall allow City to inspect the Leased Premises and complete a walk-through to verify the condition of the Leased Premises.

3.4 Holding Over. If Tenant shall hold over the Leased Premises after the expiration of the term hereof with the consent of City, either express or implied, such holding over shall be construed to be only a tenancy from month to month, subject to all the covenants, conditions and obligations hereof; terminable on thirty (30) days written notice given at any time by either party; provided, however, that nothing herein contained shall be construed to give Tenant any rights to so hold over and to continue in possession of the Leased Premises after the expiration of the term hereof.

4. RENTS, FEES, AND OTHER CHARGES.

4.1 Monthly Rent. The monthly rental for the use and occupancy of the Leased Premises for the Original Term shall be One Thousand Five Hundred dollars ($1,500) per month.

4.2 Payments. Payment of rents, fees, and other charges shall be made promptly without notice or demand, in legal tender of the United States of America. (a) Payment of rent shall be made by Tenant to City monthly in advance on or before the first (1st) day of each month. The rent for any partial month shall be prorated. (b) Payment of fees and other charges shall be made by Tenant to City monthly on or before the fifteenth (15th) day of each month for the previous month. (c) Payments of rents, fees, and other charges shall be made by check or money order, payable to City. Payments shall be delivered or mailed to The City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, attention: Finance Department or to such other location as may be directed in writing by City. Payments shall be made without any abatement, deductions, reductions, offsets, or counterclaims of any kind. Any Item 1I - Page 5
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portion of rent not received on or before fifteen (15) days past the due date, shall be deemed a material default of the terms of this Agreement and a breach. (d) If any check is returned by the bank for any reason, Tenant shall pay a fifty dollar ($50.00) returned check charge, in addition to applicable late fees, until cash, draft or other acceptable form of payment (as specified by the City) is received by the City. In the event of a returned check, the City may demand that payment of the returned check and/or all future payments be made by certified check, cashier’s check, money order or cash.

4.3 Late Charges. A late charge equal to ten percent (10%) per month on the unpaid balance for each month the rent is late shall be automatically added to any fees or other charges not received by City by the close of business five (5) calendar days after due and owing. rent not received on or before fifteen (15) days past the due date shall be deemed a default of this Agreement. In addition to late charges, City shall be entitled to interest at the State of California judgment rate plus all costs and expenses incurred by City to collect (or attempt to collect) amounts past due, including without limitation, attorney and court fees, costs, and expenses. (a) At the option of the City, rents tendered to the City subsequent to default may be rejected by the City, or accepted by the City, with the appropriate late fees. The City, at its sole discretion, may reject past due payments and consider the lease in breach. Acceptance of any such late charge by City shall in no event constitute a waiver of City’s default with respect to such overdue amount, nor prevent City from exercising any of the other rights and remedies granted hereunder, nor be deemed a waiver of any other existing breach by the Tenant.

5. USE OF THE LEASED PREMISES AND CONDUCT OF TENANT.

5.1 Use of the Leased Premises.
(a) Tenant hereby acknowledges that the principal use of the Airport consists of the operation of a public airport and that all other operations and businesses which are now or hereafter permitted by City, including the use hereunder, must be at all times be compatible with such principal use, as City shall, in its sole discretion, determine. (b) The primary use of the Leased Premises permitted under this Agreement shall be a community food bank. Tenant shall, continuously and uninterruptedly during the term of this Agreement, conduct its activity, as permitted herein, upon the Leased Premises unless prevented from so doing by strikes, fire, casualty or other causes beyond Tenant's control, except during reasonable periods for repairing, cleaning and decorating the Leased Premises. (c) Tenant shall, at Tenant's own cost and expense, obtain and maintain all licenses, permits, certificates or other authorizations of any governmental authority having jurisdiction thereover, including, but not limited to, the FAA, which may be necessary for the conduct in the Leased Premises of its business operations and activities. Without limiting the generality of the foregoing, Tenant shall comply with all applicable laws, resolutions, codes, rules, orders, directions, ordinances and regulations of any department, bureau or agency or any governmental authority having jurisdiction over the operations, occupancy, maintenance and use of the Leased Premises for the purpose demised hereunder, except for those requiring major alterations to the Leased Premises as distinguished from those relating to furniture, fixtures or Item 1I - Page 6
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equipment of Tenant therein. Tenant shall indemnify and save City harmless from and against any claims, penalties, losses, damages or expenses imposed by reason of Tenant's violation of any applicable law or the rules and regulations of governmental authorities having jurisdiction thereof.
(d) Notwithstanding any other remedies of City hereunder, in the event of a breach of this Section 5.1, Tenant, upon receipt of written notice from City of said breach, shall cure said specified breach within five (5) business days. If cure is not performed within five (5) business days, City, at its option, may terminate this Agreement upon thirty (30) days' written notice. However, if Tenant has undertaken steps to cure within five (5) business days, then City shall not terminate this Agreement unless Tenant fails to diligently complete said cure. In such event, City may terminate this Agreement upon thirty (30) days written notice. Notwithstanding the foregoing, if at any time Tenant's breach has a material adverse effect on the operations of the Airport or creates an emergency situation that, in City's reasonable estimation, presents a risk to public health or safety, Tenant shall immediately commence to cure such breach.

5.2 Restrictions on Use.
(a) Tenant shall not use or permit the use of the Leased Premises for any purpose other than that set forth in Section 5.1 above, and Tenant shall comply promptly with all applicable laws, rules and regulations regarding the use of the Leased Premises, including, but not limited to all rules and regulations promulgated by the FAA. (b) Tenant shall not use or permit the use of the Leased Premises in any manner that will (A) tend to create or permit any waste or nuisance, (B) tend to disturb other tenants or users of the Airport, (C) invalidate or cause cancellation or be in conflict with fire or other hazard insurance policies covering the Airport, or (D) increase the rate of fire insurance for the Airport or of property located therein, over that rate in effect on the Commencement Date hereof. Tenant, at its expense, shall comply with all rules, orders, regulations or requirements of the State and City Fire Code.

5.3 Airport Use. In connection with the ownership and use of the Airport by City, Tenant hereby agrees as follows:
(a) City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of Tenant, and without interference or hindrance. If the foregoing development or improvement shall have a material adverse effect on Tenant's use of the Leased Premises, the Parties hereto shall meet and confer prior to the commencement of such development or improvement.
(b) City reserves the right, but shall not be obligated to Tenant, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport to standards established by City in City’s sole discretion, together with the right to direct and control all activities of Tenant in this regard.
(c) This Agreement shall be subordinate to the provisions and requirements of any existing or future agreement between City and agencies of the United States relative to the development, operation or maintenance of the Airport.

Item 1I - Page 7
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(d) In the event any future structure or building is planned for the Leased Premises or in the event of any planned modification or alteration of any present or future building or structure situated on the Leased Premises, Tenant shall comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations. (e) It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of any exclusive right within the meaning of Section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. Section 1349). (f) There is hereby reserved to City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Leased Premises. This public right of flight shall include the right to cause within the said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operating on the Airport. (g) Tenant, by accepting this Agreement, expressly agrees for itself, its successors and assigns that it will not permit any natural growth or other obstruction on the land leased hereunder above a height as determined by the application of the requirements of Part 77 of the Federal Aviation Regulations. In the event the aforesaid covenants are breached, City reserves the right to remove the offending structure or object, all of which shall be at the expense of Tenant.
(h) Tenant shall not make use of the Leased Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport, or which might otherwise constitute a hazard. In the event the aforesaid covenant is breached, City reserves the right to enter upon the Leased Premises and cause the abatement of such interference, at the expense of Tenant.
(i) This Agreement and all the provisions hereof shall be subject to whatever right the United States Government now has, or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport, or the exclusive or nonexclusive use of the Airport, by the United States during the time of war or national emergency or otherwise.
(j) Tenant shall conform to the Airport Rules and Regulations and FAA safety and security rules and regulations regarding use of the Airport operations area including runways, taxiways, aircraft aprons by vehicles, employees, customers, visitors, etc. in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass an airfield safe driving instruction program when offered or required by the Airport, and will be subject to penalties as prescribed by the Airport for violations of the Airport safety and security requirements.

5.4 Airport Security. Tenant is responsible for maintaining security in and around the Leased Premises or any other area adjacent to or upon the Airport which Tenant has an exclusive right to use or which Tenant otherwise controls. Tenant is further responsible for maintaining security with respect to access to and entry upon Airport operations areas, or other areas of the Airport designated by City from time to time as security areas, by employees, subtenants, Item 1I - Page 8
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contractors, invitees or customers of Tenant or any other person who enters the Airport operations areas at Tenant’s invitation, direction, or authority, whether through or from the Leased Premises or otherwise.

5.5 Hazardous Materials.
(a) Restrictions. Tenant shall not cause or permit any hazardous materials or toxic substances to be brought upon, kept or used in or about the Leased Premises or the Airport by Tenant, its agents, employees, contractors or invitees, without the prior written consent of City. City's consent shall not be unreasonably withheld so long as Tenant demonstrates to City's reasonable satisfaction and covenants to City that such hazardous materials or toxic substances are necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all laws relating to any such hazardous materials or toxic substances so brought upon or used or kept in or about the Leased Premises or the Airport. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of hazardous materials or toxic substances on the Leased Premises or the Airport caused or permitted by Tenant results in contamination of the Leased Premises or the Airport, or if contamination of the Leased Premises or the Airport by hazardous materials or toxic substances otherwise occurs for which Tenant is legally liable to City for damage resulting therefrom, then Tenant shall indemnify, defend and hold City harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Premises or the Airport, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Leased Premises or the Airport, damages arising from any adverse impact on marketing of space in the Airport, and sums paid in settlement of claims, actual attorneys' fees, consultant fees and expert fees), which arise during or after the term of the Agreement as a result of such contamination. This indemnification of City by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions, including regular inspections, or any clean up, remedial, removal or restoration work required or recommended by any federal, state or local governmental agency or political subdivision because of hazardous materials or toxic substances present in the soil or ground water on or under the Leased Premises and/or the Airport. The indemnity, defense and hold harmless obligations of Tenant hereunder shall survive any termination of this Agreement. Without limiting the foregoing, if the presence of any hazardous materials or toxic substances on the Leased Premises or the Airport caused or permitted by Tenant results in any contamination of the Leased Premises or the Airport, Tenant shall promptly take all actions at its sole expense as are necessary to return the Leased Premises and the Airport to the condition existing prior to the introduction of any such hazardous materials or toxic substances; provided that, City's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions, in City's sole and absolute discretion, would not potentially have any material adverse long-term or short-term effect on the Leased Premises or the Airport.

6. OPERATING EXPENSES.

6.1 Taxes and Assessments.

Tenant recognizes and understands that this Agreement may create a possessory interest subject to property taxes pursuant to Revenue & Taxation Code Section 107.6 and Item 1I - Page 9
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that, if a possessory interest is created, Tenant shall, in accordance with this Section, be responsible for payment of property taxes levied against such possessory interest. Any documentary transfer tax assessed upon the creation of a leasehold interest in the Premises under this Agreement shall be paid by Tenant. Tenant hereby expressly acknowledges that City has given Tenant notice that Tenant's possessory interest in the demised premises may be taxed.

Tenant’s initials

7. UTILITIES AND SERVICES.

7.1 Utilities. During the term of this Agreement, Tenant agrees to pay all charges and expenses in connection with utility services furnished to the Leased Premises and to protect City and the Leased Premises from all such charges and expenses. Given that the utilities are not separately metered for the Leased Premises, Tenant shall reimburse City for Tenant's pro rata share, of all shared utilities within ten (10) days after billing by City.

7.2 Tenant acknowledges that City has no obligation to provide utilities except those already furnished as of the date of this Agreement to the Premises or additional utilities. City shall not be liable to Tenant under any circumstances for damages or loss to Tenant's property, injury to person or property, or consequential damages, however occurring, through, in connection with, or incidental to failure to furnish or interruption of any utilities or services.

7.3 Tenant shall comply with all rules and regulations which City, any governmental agencies or authorities, or any utility company may establish for the use, proper functioning and protection of any such utility.

8. REPAIRS AND MAINTENANCE.

8.1 Tenant's Obligations to Maintain and Repair. Tenant shall maintain, or cause to be maintained, the Leased Premises and every part thereof in good order, condition and repair according to standards determined by City (whether or not such part of the Leased Premises requiring repair, or the means of repairing the same, are reasonably or readily accessible to Tenant, and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such part of the Leased Premises), including, without limiting the generality of the foregoing, (A) all buildings, structures or fixtures, including foundations, roofs, ceilings, floors, interior and exterior walls, (B) store fronts, windows, doors, hangar doors, plate glass, showcases, skylights, entrances and vestibules located within the Leased Premises, (C) automobile and aircraft pavement, driveways, landscaping, parking lots, fences and signs, and (D) all sprinkler systems, plumbing, sewers, drainage devices, electrical facilities, equipment and other utilities or facilities serving the Leased Premises. Tenant shall commence any repair within thirty (30) days after the receipt by Tenant of written notice of the need for such repair, including any notice from City. City shall not be liable to Tenant by reason of any injury to or interference with Tenant's business arising from or connected with the need for or the making of any repairs, alterations or improvements. All repairs, modifications or improvements to the Leased Premises shall be performed in accordance with the building standards of the City, and it Item 1I - Page 10
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shall be the responsibility of Tenant to secure appropriate permits from the City . Tenant shall keep the exterior of the improvements on the Leased Premises in a reasonably neat and attractive condition, free from waste or debris, and replace any trees, shrubs, plants, and ground cover as may be needed. Tenant shall screen and landscape all outside storage areas and service yards of the Leased Premises with fencing and landscaping approved by City, and shall not allow any temporary structures or facilities on the Leased Premises, without City's reasonable approval.

8.2 City's Remedies. In the event Tenant fails to perform its obligations under Section 8.1, City may, pursuant to Section 14.4 of this Agreement, after fifteen (15) days' written notice to Tenant to cure such failure, enter upon the Leased Premises and put the same in good order, condition and repair,

8.3 No City Obligations. City shall have no obligation to make any repairs to the Leased Premises other than as expressly and specifically set forth in this Agreement. Tenant hereby waives any and all rights provided in Sections 1941 through 1942, inclusive, of the Civil Code of California and hereby waives, to the extent permissible, any rights other than statutes or laws now or hereafter in effect which are contrary to the obligations of Tenant under this Agreement, or which place obligations upon City in addition to those provided in this Agreement.

8.4 City's Reservations of Rights. During the term of this Agreement, City reserves the right, in its sole discretion, to reconstruct, alter or improve the aircraft pavement areas of the Leased Premises, to such standards as it shall determine; provided, however, if such reconstruction, alteration or improvement to the aircraft pavement areas would result in a material adverse effect on Tenant's use of the Leased Premises, the parties hereto shall meet and confer prior to the commencement of such reconstruction, alteration or improvement. Tenant hereby acknowledges that City has no obligation to make such alterations or improvements.

8.5 Indemnity. Tenant shall indemnify and save harmless City against all actions, claims and damages by reason of (A) Tenant's failure to perform the terms of this Section 8, or (B) Tenant's nonobservance or nonperformance of any law, ordinance or regulation applicable to the Leased Premises, and any liability or duty to repair imposed by the laws of California.

9. PLANS AND SPECIFICATIONS; CONSTRUCTION; LIENS AND CLAIMS.

9.1 Approval of Plans. No improvement shall be erected, placed, altered or maintained on the Leased Premises unless plans and specifications have been approved in writing by City, at City’s sole discretion. Prior to commencing construction of any building, structure or improvement (not including the internal layout) on the Leased Premises, Tenant shall notify City of the date of commencement and expected completion thereof and shall submit for approval plans and specifications in accordance with applicable rules and regulations of the City.

9.2 Time for Approval. Tenant shall notify City in writing when completed plans and specifications for improvements to be erected, placed or altered on the Premises have been submitted to City ("Notice"). Such plans and specifications shall be processed in accordance with the normal procedures of the City. If City does not approve the plans and specifications, it shall notify Tenant of the reasons for its disapproval, and failure to so notify Tenant shall be Item 1I - Page 11
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deemed approval of the plans and specifications. By approving the plans and specifications, City does not represent or warrant that such plans and specifications comply with applicable law.

Tenant shall be responsible, at Tenant's sole cost and expense, for securing all necessary governmental or quasi-governmental approvals of the plans and specifications and for securing all permits necessary to construct and operate any improvements or Approved Improvements.

9.3 Approval Delays. In the event the required approval process exceeds a period of 60 (sixty) days from the Commencement Date, or if Tenant is unable to obtain approvals necessary to use the Leased Premises for the use set forth in in this Agreement, Tenant shall have the option to terminate this Agreement in its entirety.

9.4 Commencement of Construction. Once Tenant has commenced construction, Tenant shall pursue the same with reasonable speed and dispatch in compliance with the approved plans and specifications. All construction shall be in accord with all applicable laws, ordinances and regulations. Tenant's construction shall not interfere with City's operation of the Airport, and Tenant shall comply with all directives of City related thereto. If Tenant is prevented from completing improvements on account of strikes, lockouts, failure of contractor or subcontractors, inability to procure material or labor in the free market, governmental restrictions, fire, earthquake, the elements, or other casualty or similar extraordinary conditions beyond Tenant's reasonable control (excluding financial difficulties, economic conditions or inability to obtain governmental approvals), then the Tenant shall thereafter proceed with all reasonable speed and dispatch to complete the improvements.

9.5 Liabilities. By approving plans and specifications, City assumes no liability therefor, or for any defect resulting from the plans and specifications. Tenant indemnifies and shall hold City harmless from any damage, loss or prejudice claimed, and from all expenses incurred arising out of approvals of plans and specifications or any improvement on the Premises. Tenant hereby assigns to City all warranties and guarantees of all material suppliers, contractors and subcontractors furnishing material or labor or otherwise relating to any improvements or Approved Improvements.

9.6 Approved Buildings and Improvements. All of the improvements shown in the approved plans and specifications constitute the "Approved Improvements." Substantial modifications to Approved Improvements shall be made only with prior written approval of City, except that City's prior written approval shall not be required for changes to the interior of any building on the Leased Premises. Notwithstanding the foregoing, nothing in this Section 9.6 shall limit, alter, or waive the building and permit requirements of the City.

9.7 Notice of Work. Before commencement of any construction, alteration, addition, replacement or restoration of any building, structure or other improvement, Tenant shall (A) give to City written notice of the work to be performed, specifying the nature and location of the intended work and the expected date of commencement and completion thereof; and (B) provide City with written plans and specifications therefor, and shall have obtained the written approval thereof from the City as required above. City reserves the right at any time and from time to time to post and maintain on the Leased Premises such notices as may be necessary to protect City against liability for all such liens and claims.

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9.8 Covenant Against Liens and Claims. Tenant shall not allow or permit to be enforced against the Leased Premises or any part thereof, any mechanic's, materialmen's, contractor's or subcontractor's liens arising from any claim growing out of work of any construction, repair, restoration, replacement or improvement, or any other claim or demand no matter how the same may arise. Tenant shall pay or cause to be paid all of said liens, claims or demands before any lawsuit is brought to enforce them against the Leased Premises. Tenant agrees to indemnify and hold the City and the Leased Premises free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorneys' fees and all costs and expenses incurred by City in connection therewith.

9.9 Tenant's Right to Contest Liens. Notwithstanding anything to the contrary set forth above, if Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant shall, at its expense, defend itself and City against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against City or the Leased Premises. A condition to Tenant's right to contest the validity of any lien, claim or demand shall be that if City shall require, Tenant shall furnish to City evidence of a surety bond satisfactory to City in an amount at least equal to the contested lien, claim or demand, the effect of which is to indemnify City against liability for the same, and to hold the Leased Premises free from the effect of such lien or claim.

9.10 City Paying Claims. In the event Tenant shall fail to pay and discharge or cause to be paid and discharged, when due and payable, any tax, assessment or other charge upon or in connection with the Leased Premises, or any lien or claim for labor or material employed or used or any claim for damages arising out of the construction, repair, restoration, replacement, maintenance and use of the Leased Premises and any improvements thereon, or any judgment on any contested lien or claim, or any insurance premium or expense in connection with the Leased Premises and improvements, or any other claim, charge or demand which Tenant has agreed to pay or cause to be paid under the terms of this Agreement, and if Tenant, after fifteen (15) days' written notice from City to do so shall fail to pay and discharge the same, or in the event Tenant contests such tax, assessment, claim or charge and fails to post security as provided elsewhere in this Agreement, then City may, at his option, pay any such tax, assessment, insurance expense, lien, claim, charge or demand, or settle or discharge any action therefor, or judgment thereon, and all costs, expenses and other sums incurred or paid by City in connection with any of the foregoing shall be paid by Tenant to City upon demand, together with ten percent (10%) interest thereon from the date incurred or paid. Any default in such repayment by Tenant shall constitute a breach of the covenants and conditions of this Agreement.

9.11 Prevailing Wage. Tenant acknowledges that any improvements, alterations or repairs on the Leased Premises, may be subject to the payment of prevailing wage under the provisions of the California Labor Code. To the extent any such improvements, alterations, or repairs are subject to prevailing wage requirements, the following shall apply:
(a) Tenant shall and shall cause its contractors and subcontractors to: pay prevailing wages in the construction of any improvements, or alterations on the Leased Premises, or any other work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; to employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, Item 1I - Page 13
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1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections. (b) Tenant shall indemnify, hold harmless and defend (with counsel selected by the City), to the extent permitted by applicable law, City, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connection with the work performed pursuant to this Agreement. The provisions of this Section shall survive expiration or earlier termination of this Agreement.

10. REPAIR AND RESTORATION.

10.1 If during the term of this Agreement any building or improvement on the Leased Premises or any part thereof shall be damaged or destroyed by fire or other casualty, Tenant shall, at its sole cost and expense, repair or restore the same according to the original plans thereof or to such modified plans as shall be previously approved in writing by City pursuant to Section 9. If such damage or destruction occurs during the last eighteen (18) months of the Agreement term Tenant shall have no duty to repair or restore, and if Tenant elects not to repair or restore, this Agreement shall terminate and City shall receive all insurance proceeds that are attributable to those improvements that would become the property of the City pursuant to Section 15. Such work of repair or restoration shall be commenced within one hundred twenty (120) days after the damage or loss occurs and shall be completed with diligence but not longer than one (1) year after such work is commenced, provided, however, that the time for completion of such repair and restoration shall be extended as appropriate. If insurance proceeds provided for above shall be insufficient for the purpose of such restoration and repair, or if the casualty is one not required to be insured against, then Tenant shall make up the deficiency out of its own funds. Tenant waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to any destruction of the Leased Premises.

11. INDEMNITY.

11.1 City's Non-liability. City shall not be liable for any loss, damage or injury of any kind to any person or property arising from any use of the Leased Premises, or any part thereof, or caused by any defect in any building, structure or other improvement thereon or in any equipment or other facility therein, or caused by or arising from any act or omission of Tenant or any of its agents, employees, licensees or invitees, or by or from any accident on the Leased Premises or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Leased Premises and all improvements thereto in a safe condition, or arising from any other cause except where caused by the sole negligence or willful misconduct of City, its agents or employees.

11.2 Indemnification. To the fullest extent permitted by law, Tenant shall, at Tenant's sole expense and with counsel reasonably acceptable to City, defend, indemnify, and hold Item 1I - Page 14
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harmless City and City's officers, officials, employees and agents from and against all claims, (including demands, losses, actions, causes of action, damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, costs of investigation, court costs and attorney’s fees) from any cause, arising out of or relating (directly or indirectly) to this Agreement, the tenancy created under this Agreement, or the Premises, including without limitation:
(a) The use or occupancy, or manner of use or occupancy, of the Leased Premises or buildings by Tenant;
(b) Any act, error or omission, or negligence of Tenant or of any subtenant, invitee, guest, contractor or licensee or Tenant or any subtenant in, on, or about the Leased Premises;
(c) Tenant’s conducting or managing of its business;
(d) Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Tenant in, at, or about the Leased Premises or buildings, including the violation of or failure to comply with any insurance requirements or any applicable laws, statues, ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Commencement Date or enacted, promulgated, or issued after the date of this Agreement, and; (e) Any breach or default in performance of any obligation on Tenant’s part to be performed under this Agreement, whether before or during the term of this Agreement or after its expiration or earliest termination.

11.3 This indemnification extends to and includes, without limitation, claims for:
(a) Injury to any persons (including death at any time resulting from that injury);
(b) Loss of, injury or damage to, or destruction of property (including loss of use at any time resulting from that loss, injury, damage, or destruction); and (c) All economic losses and consequential or resulting damage of any kind.

11.4 Tenant’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all claims against City involving any of the indemnified matters are fully, finally, and absolutely barred by the applicable statutes of limitations.

12. INSURANCE.

12.1 Required Insurance Coverage. Prior to commencing any work or operations under this Agreement, Tenant at its sole cost and expense and for the Term of this Agreement, all extensions thereof, shall obtain and maintain or shall cause to be obtained and maintained insurance against claims for injuries to persons or damages to property which may arise from or in connection with the activities of Tenant and its agents, employees and contractors, meeting at Item 1I - Page 15
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least the minimum insurance requirements set forth in Exhibit “B”, attached hereto and incorporated herein by this reference, on terms and conditions and in amounts as required by City from time to time and with insurers acceptable to City.

12.2 Tenant shall provide City with certificates of insurance or copies of all policies and such endorsements as may be required by City. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager of the City of Palm Springs (“Risk Manager”).

13. DEFAULT.

13.1 Events of Default. The occurrence of any of the following shall constitute an event of default of this Agreement on the part of the Tenant:
(a) Tenant fails to make the payment of any installment of rent or other sum when due hereunder (“Monetary Default”) within ten (10) days from when due. (b) Failure to perform any obligation, agreement or covenant under this Agreement (“Non-Monetary Default”) and such failure continues for fifteen (15) days after written notice of such failure, or if such Non-Monetary Default cannot be cured within fifteen (15) days, Tenant has not commenced corrective action and prosecuted the same to completion with due diligence, or the Non-Monetary Default is of such a nature that it cannot be cured by any action of Tenant.
(c) Failure to pay any insurance premium, lien, claim, demand, judgment or other charge provided for in this Agreement to be paid or caused to be paid by Tenant at the time and in the manner as provided for in this Agreement.
(d) Failure to maintain the Leased Premises or cause the same to be maintained as provided for in this Agreement.
(e) Abandonment or vacation of the Leased Premises for a continuous period in excess of thirty (30) days without payment of rent. Tenant waives any right to notice Tenant may have under Section 1951.3 of the Civil Code of the State of California, the terms of this Section 13.1 being deemed such notice to Tenant as required by said Section 1951.3. (f) Default by Tenant under the terms of any mortgage on the estate of Tenant.
(g) The filing of any voluntary petition in bankruptcy by Tenant, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty (30) days. If under applicable law, the trustee in bankruptcy or Tenant has the right to affirm this Agreement and continue to perform the obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Agreement and provide to City such adequate assurances as may be necessary to ensure City of the continued performance of Tenant's obligations under this Agreement.

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(h) The attachment, execution or other judicial seizure of all or substantially all of Tenant's assets or Tenant's leasehold of the Leased Premises, if such attachment or other seizure remains undismissed or undischarged for a period of fifteen (15) days after the levy thereof.
(i) The admission by Tenant in writing of its inability to pay its debts as they become due;
(j) A general assignment by Tenant for the benefit of creditors. (k) Failure to maintain compliance with applicable laws.

14. REMEDIES IN EVENT OF DEFAULT.

14.1 Termination. In the event of the occurrence of any event of default, City shall have the right to give a written termination notice to Tenant, and on the date specified in such notice, Tenant's right to possession shall terminate, and this Agreement shall terminate unless on or before such date all rent in arrears and all costs and expenses incurred by or on behalf of City hereunder shall have been paid by Tenant and all other events of default of this Agreement by Tenant at the time existing shall have been fully remedied to the satisfaction of City. At any time after such termination, City may recover possession of the Leased Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the same, including any subtenant or subtenants notwithstanding City's consent to any sublease, by any lawful means, and again repossess and enjoy the Leased Premises without prejudice to any of the remedies that City may have under this Agreement, or at law or equity by any reason of Tenant's default or of such termination. City hereby reserves the right, but shall not have the obligation, to recognize the continued possession of any subtenant. The delivery or surrender to City by or on behalf of Tenant of keys, entry codes, or other means to bypass security at the Leased Premises shall not terminate this Agreement.

14.2 Continuation after Default. Even though an event of default may have occurred, this Agreement shall continue in effect for so long as City does not terminate Tenant's right to possession under Section 14.1 hereof. City shall have the remedy described in California Civil Code Section 1951.4 ("City may continue this Agreement in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations"), or any successor code section. Accordingly, if City does not elect to terminate this Agreement on account of any event of default by Tenant, City may enforce all of City's rights and remedies under this Agreement, including the right to recover rent as it becomes due. Acts of maintenance, preservation or efforts to lease the Leased Premises or the appointment of a receiver under application of City to protect City's interest under this Agreement or other entry by City upon the Leased Premises shall not constitute an election to terminate Tenant's right to possession.

14.3 Damages After Default. Should City terminate this Agreement pursuant to the provisions of Section 14.1 hereof, City shall have the rights and remedies of a City provided by Section 1951.2 of the Civil Code of the State of California, or any successor code sections.

Upon such termination, in addition to any other rights and remedies to which City may be Item 1I - Page 17
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entitled under applicable law or at equity, City shall be entitled to recover from Tenant: (1) the worth at the time of award of the unpaid rent and other amounts which had been earned at the time of termination, (2) the worth at the time of award of the amount by which the unpaid rent and other amounts that would have been earned after the date of termination until the time of award exceeds the amount of such rent loss that Tenant proves could have been reasonably avoided; (3) the worth at the time of award of the amount by which the unpaid rent and other amounts for the balance of the Term after the time of award exceeds the amount of such rent loss that the Tenant proves could be reasonably avoided; and (4) any other amount and court costs necessary to compensate City for all detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which, in the ordinary course of things, would be likely to result therefrom. The "worth at the time of award" as used in (3) above shall be computed by discounting such amount at the Federal Discount Rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%). If this Agreement provides for any periods during the Term during which Tenant is not required to pay rent or if Tenant otherwise receives a rent concession, then upon the occurrence of an event of default, Tenant shall owe to City the full amount of such rent or value of such rent concession, plus five percent (5%) interest, calculated from the date that such rent or rent concession would have been payable.

14.4 City’s Option to Cure. Notwithstanding the foregoing, if Tenant fails to provide necessary repair and maintenance of the Premises and all improvements thereon, City shall have the right but not the obligation, after notice provided, and failure of Tenant to cure or commence and diligently pursue a cure to such default, to enter the Leased Premises and take all corrective action necessary in the sole judgment of City. Any such entry shall be at the sole risk and expense of Tenant. Tenant shall immediately, upon presentation of a statement therefor, reimburse City for all costs incurred by City in taking such corrective action with interest on said sums from the date of payment by City at the lower of: (A) the highest rate allowed by law; or (B) two points over the prime rate charged from time to time by the Bank of America, or if the Bank of America no longer exists, an equivalent institution. Nothing in this Section shall: (i) require City to take any corrective action on the Leased Premises; (ii) diminish the rights and remedies of City under this Agreement, whether or not City elects to take such corrective action; and (iii) cause a waiver by City of any of its rights and remedies under this Agreement. Any such reentry shall be allowed by Tenant without hindrance, and City shall not be liable in damages for any such reentry, or be guilty of trespass or forcible entry.

14.5 Remedies Cumulative. All of City’s rights, privileges and elections or remedies are cumulative and not alternative, to the extent permitted by law and except as otherwise provided herein.

14.6 Replacement of Statutory Notice Requirements. When this Agreement requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notice required by California Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of a notice in a particular manner, service of that notice (or a similar notice required by this Agreement) in the manner required by this Section shall replace and satisfy the statutory service-of-notice procedures, including those required by California Code of Civil Procedure Section 1162 or any similar or successor statute.

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15. SURRENDER OF LEASED PREMISES.

15.1 Vacation. Upon expiration or termination of this Agreement, Tenant shall vacate and surrender possession of the Leased Premises to City. If Tenant fails to do so, City may immediately commence eviction proceedings in conformance with applicable law.

15.2 Reversion of Improvements. Unless otherwise stated herein, upon expiration or earlier termination of this Agreement, at City’s option, the ownership of improvements made to the Leased Premises shall transfer and become the property of City. If City elects not to claim such property, Tenant shall remove and/or demolish any and/or all improvements (as designated by City) and return the Leased Premises to its original condition and character, ordinary and reasonable wear and tear excepted.

15.3 Repair by City. In the event that Tenant fails to return the Leased Premises in good condition, City may perform any work necessary to correct deficiencies and Tenant shall be obliged to pay the balance to City.

15.4 Personal Property. Tenant shall remove all personal property upon expiration and/or termination of this Agreement. If Tenant fails to do so, City may remove and dispose of all personal property at Tenant’s sole risk, cost, and expense and without any liability to City and Tenant shall be obliged to pay the balance to City.

16. ASSIGNMENT AND SUBLETTING.

16.1 Restriction of Assignment and Subletting. Tenant shall not encumber, sublease, assign or otherwise transfer this Agreement, or any right or interest hereunder, or in or to any of the improvements constructed or installed on the Leased Premises, in whole or in part, without the prior written consent of City, which may be withheld in City’s sole discretion. It shall not be unreasonable for City to withhold or condition its consent based on the prospective assignee's/sublessee’s financial strength, credit history or any other factor which City reasonably believes germane to a tenant's ability and willingness to perform the obligations of this Agreement. No such assignment or sublease shall release Tenant of further liability under this Agreement unless express written approval is signed by City.

16.2 Effect of Failure to Comply. Except as provided above, no encumbrance, assignment or other transfer, whether voluntary, involuntary, by operation of law, under legal process, through a receivership, bankruptcy or otherwise, shall be valid or effective without the prior written consent and approval of City. Except as provided in Section 16, if Tenant attempts to make or allow to be made any subleasing, encumbrance, assignment or other transfer except in accordance with the provisions of this Section 16, then any of the foregoing events shall be deemed a breach of the conditions and restrictions of this Agreement, and upon such breach, City may, at its option, terminate this Agreement at once by written notice, and upon such termination this Agreement shall end and be of no further force.

17. REQUIRED FAA CLAUSES.

17.1 Non-Exclusive Use.

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(a) This Agreement and all of the provisions hereof shall be subject to whatever right the United States Government has now or may have in the future or may acquire affecting the control, operation, regulation, and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States Government during the time of war or national emergency. If any such agreement is executed, the terms and conditions of this Agreement shall be subordinate to the provisions of any agreement between City and the United States relative to the Airport.
(b) It is clearly understood by Tenant that no right or privilege has been granted which would operate to prevent any person, firm, or corporation operating aircraft at the Airport from performing any services on its own aircraft with its own Employees (including but not limited to, fueling, maintenance, and repair) that it may choose to perform. (c) Nothing in this Agreement shall be construed, in any way, as City granting Tenant an exclusive right to engage in any aeronautical activity at the Airport.

17.2 Non-Discrimination.
(a) Tenant, for itself, its heirs, successors, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event Improvements are constructed, maintained, or otherwise operated on the Leased Premises described in this Agreement for a purpose for which a Department of Transportation (“DOT”) program or activity is extended or for another purpose involving the provision of similar services or benefits, Tenant shall maintain and operate such Improvements in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the DOT, and as said legal requirements may be promulgated or amended from time to time. (b) Notwithstanding any other provision of this Agreement, during the performance of this Agreement, Tenant, for itself, its heirs, successors, and assigns, as part of the consideration of this Agreement does hereby agree, as a covenant running with the land, that: (a) no person on the grounds of race, color, religion, sex, familial status, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Leased Premises; (b) in the construction of any Improvements on, over, or under the Leased Premises, and the furnishing of services therein or thereon, no person on the grounds of race, color, religion, sex, familial status, or national origin shall be excluded from participation in, or denied the benefits of, such activities, or otherwise be subjected to discrimination; (c) in the breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement and to reenter and repossess the Leased Premises and hold the same as if this Agreement had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 have been followed and completed, including expiration of appeal rights; (d) Tenant, for itself, its heirs, successors, and assigns, as a part of the consideration hereof, does hereby agree as a covenant running with the land that in the event Improvements are constructed, maintained, or otherwise operated on the Leased Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, Tenant shall maintain and operate such improvements and services in compliance with all other requirements imposed pursuant to Item 1I - Page 20
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49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the DOT, and as said Regulations may by amended.
(c) Tenant will comply with pertinent statues and rules as are promulgated or amended from time to time to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from federal assistance. This provision obligates Tenant or its transferee for the period during which federal assistance is provided or is in the form of personal Property or real Property or interest therein or structures or Improvements thereon. In these cases, this provision obligates Tenant or any transferee for the longer of the following periods: (a) the period during which the Leased Premises is used by the sponsor or any transferee for a purpose for which federal assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which City or any transferee retains ownership or possession of the Leased Premises.
(d) Tenant shall not discriminate in any manner against any employee or applicant for employment because of political or religious opinion or affiliation, race, creed, color, national origin, sex, age, or disability and further, Tenant shall include a similar clause in all subcontracts. Tenant agrees City has the right to take such action against Tenant as the government may direct to enforce this provision of this Agreement.

18. MISCELLANEOUS.

18.1 Compliance with Governmental Regulations. Tenant shall, at its own cost and expense, promptly and properly, comply with and execute, including the making of any alteration to the Leased Premises, all orders, regulations, laws and requirements of all governmental authorities arising from the use or occupancy of, or applicable to, the Leased Premises.

18.2 Disclaimer of Representation. Except as otherwise specifically provided herein, City has made no representations or warranties to the Tenant concerning the Leased Premises, the present use thereof or the suitability for Tenant's intended use of the property. The foregoing disclaimer includes, without limitation, topography, climate, air, water, water rights, utilities, present and future zoning, soil, subsoil, drainage, access to public roads, proposed routes of roads, or extension thereof, or effect of any state or federal environmental protection laws or regulations. Tenant represents and warrants to City that Tenant and Tenant’s representatives have made or will make their own independent inspection and investigation of the Leased Premises and Tenant, in entering into this Agreement, is relying solely on such inspection and investigation. No patent or latent physical condition of Leased Premises, whether or not known or discovered, shall affect the rights of either party hereto. Any agreement, warranties or representations not expressly contained herein shall in no way bind either Tenant or City. City and Tenant waive any right of rescission and all claims for damages by reason of any statement, representations, warranty, promise and agreement, if any, not contained in this Agreement.

18.3 Priority of Agreement. This Agreement is subject and junior to all existing easements, covenants, conditions and restrictions and other matters and encumbrances of record.

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18.4 Inspection. City reserves the right for City and City's agents and representatives to enter upon the Leased Premises at any reasonable time upon five (5) days prior written notification for the purpose of attending to City's interest hereunder, and to inspect the Leased Premises.

18.5 Attorneys' Fees. In the event any action is brought by City to recover any rent due and unpaid hereunder or to recover possession of the Leased Premises, or in the event any action is brought by City or Tenant against the other to enforce or for the breach of any of the terms, covenants or conditions contained in this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees to be fixed by the Court, together with costs of suit therein incurred.

18.6 Waiver. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Agreement shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions hereof. No delay or omission of City to exercise any right or remedy shall be construed as a waiver of any such right or remedy or of any default by Tenant under this Agreement. The various rights and remedies reserved to City herein including those not specifically described in this Agreement shall be cumulative and, except as otherwise provided by California statutory law in force at the time of execution of this Agreement, City may pursue any or all of such rights and remedies whether at the same time or otherwise.

18.7 Agreement Binding Upon Successors and Assigns. Subject to the limitations on assignment and subleasing, each of the terms, covenants and conditions of this Agreement shall extend to and be binding on and inure to the benefit of not only City and Tenant, but each of their successors and assigns. Whenever in this Agreement reference is made to either City or Tenant, the reference shall be deemed to include, wherever applicable, the successors and assigns and such parties the same as if in every case expressed.

18.8 Relationship of Parties. The relationship of the parties hereto is that of City and Tenant, and it is expressly understood and agreed that City does not in any way nor for any purpose become a partner of Tenant or a joint venturer with Tenant in the conduct of Tenant's business or otherwise.

18.9 Time of the Essence. Time is expressly declared to be of the essence of this Agreement.

18.10 Headings and Titles. The marginal headings or titles to the Sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

18.11 Governing Law and Venue. This Agreement shall be deemed to have been made in, and shall be construed in, accordance with the statutes and laws of the State of California without regard to choice of law provisions that would cause the application of the law of another jurisdiction, and without regard to conflicts of law principles. Any suit, action or proceeding permitted hereunder or any judgment entered by any court in respect thereof, will be brought in the state courts sitting in Riverside County, California.

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18.12 Entire Agreement; Amendments. This Agreement, including the exhibits attached hereto and all documents referenced herein, all of which are incorporated herein by reference, contain the entire agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. No amendment or modification to this Agreement shall be effective unless in writing and signed by both City and Tenant.

18.13 Force Majeure. Except as to the payment of rent, neither of the parties hereto shall be chargeable with, liable for, or responsible to, the other for anything or in any amount for any delay caused by fire, earthquake, explosion, flood, hurricane, the elements, acts of God, or the public enemy, action or interference of governmental authorities or agents, war, invasion, insurrection, rebellion, riots, strikes, or lockouts or any other cause whether similar or dissimilar to the foregoing, which is beyond the control of such parties and any delay due to said causes or any of them shall not be deemed a breach of or default in the performances of this Agreement.

18.14 Severability. If any provision in this Agreement is held to be illegal, invalid, or unenforceable in full or in part, for any reason, by any court of competent jurisdiction, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid, and enforceable. The illegality, invalidity, or unenforceability of any such provision shall in no way affect any other provisions in this Agreement, provided that the illegality, invalidity, or unenforceability of any such provision does not materially prejudice either Party with regard to the respective rights and obligations of each Party contained in the valid terms and conditions of this Agreement.

18.15 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

18.16 Notices. Any notice to be given or other document to be delivered by either Party to the other party may be given by personal delivery, generally recognized overnight courier, prepaid, or may be deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed to the Party for whom intended as follows:

To City: City of Palm Springs
3200 E Tahquitz Canyon
Way
Palm Springs, CA 92262
To Tenant: The LGBTQ Community
Center of the Desert
1301 N Palm Canyon Drive
Palm Springs, CA 92262

Either Party hereto may from time to time by written notice to the other party designate a different address which shall be substituted for the one specified above. Notices and documents shall be served upon receipt or, if any notice or other document is sent by registered or certified mail, as provided above, the same shall be deemed served or delivered seventy-two (72) hours after the mailing thereof.

Item 1I - Page 23
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SIGNATURE PAGE TO AIRPORT LEASE AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND LGBTQ COMMUNITY

CENTER OF THE DESERT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

TENANT:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________
Scott Stiles
City Manager

Item 1I - Page 24
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EXHIBIT “A”

DESCRIPTION/DEPICTION OF LEASED PREMISES
[ATTACHED]

Item 1I - Page 25
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EXHIBIT “B”

INSURANCE REQUIREMENTS
Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the this Agreement and shall include their agents, representatives, employees or subcontractors. With respect to General Liability, coverage should be maintained for a minimum of five (5) years after contract completion. The cost of all such insurance shall be borne by the Tenant.

A. Minimum Scope of Insurance

$1,000,000 per occurrence/$3,000,000 aggregate with a $2,000,000 umbrella/excess coverage -- Commercial General Liability
$1,000,000 combined single limit -- Auto Liability
$1,000,000 -- Worker’s Compensation Insurance
$2,000,000 per occurrence/aggregate -- Umbrella/Excess Liability Insurance $2,000,000 per occurrence/aggregate -- Cyber Liability
One Year of Minimum Monthly Rent -- Business Interruption Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $3,000,000 aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Tenant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Property Insurance: Tenant shall provide property insurance on all personal property and betterments and improvements contained within or on the L eased Premises. Property insurance shall insure against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

5. Interruption of Business Insurance : Tenant shall, at its sole cost and expense, maintain business interruption insurance by which the minimum monthly rent will Item 1I - Page 26
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be paid to City for a period of up to one (1) year if the premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements.

6. Cyber Liability Insurance , if the Tenant will provide IT services or software or involve the retention of private, non- public information about third parties , with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Tenant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limi ted to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

7. Umbrella or Excess Policies Umbrella or excess liability insurance is to be excess over the Commercial General Liability, Automobile Liability and Employers' Liability Insurance. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a limit of liability of Two Million Dollars ($2,000,000). The Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non- contributory, additional insured, Sel f-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Tenant’s primary and excess liability policies are exhausted.

8. Builder’s Risk Insurance shall be procured by Tenant prior to the commencement of, and throughout the duration of, any construction of improvements or betterments being installed by Tenant on the Property.

B. Deductibles and Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Tenant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

C. Other Insurance Provisions

Item 1I - Page 27
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1. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

a. The City of Palm Springs, its officers by endorsement, officials, employees and volunteers are to be covered as additional insureds with respect to: liability arising out of activities performed by, or on behalf of, Tenant, premises owned, occupied or used by the Tenant, or automobiles owned, leased, hired or borrowed by the Tenant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officer, officials, employees or volunteers.

General liability coverage can be provided in the form of an endorsement to the Tenant’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and
CG 20 37 forms if later
revisions used).

b. The Tenant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and volunteers. For any claims related to this Property, the Tenant’s insurance coverage shall be primary and non- contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

c. Any failure to comply with reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

d. Coverage shall state that the Tenant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

2. Workers’ Compensation and Employers’ Liability

Coverage shall contain a waiver of subrogation by endorsement in favor of the City, its officials, employees, agents and contractors.

3. Builder’s Risk

City shall be named as a loss payee on any Builder’s Risk policy to the full extent allowable and for which the City’s insurable interests may appear.

4. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after Item 1I - Page 28
---
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thirty (30) days’ prior written notice has been given to the City; except that ten (10) days’ prior written notice shall apply in the event of cancellation for non-payment of premium.

5. Waiver of Subrogation

Tenant hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Tenant by virtue of the payment of any loss. Tenant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Tenant, its employees, agents, and subcontractors.

6. There shall be no endorsement reducing the scope of coverage required above unless approved by the City’s Risk Manager.

7. If the Tenant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

D. Acceptability of Insurers

Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII.

E. Verification of Coverage

Tenant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Proof of insurance shall be either emailed in pdf format to: Victoria Carpenter or mailed to the following postal address (or any subsequent email or postal address as may be directed in writing by the Risk Manager):

Item 1I - Page 29
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City of Palm Springs
Risk Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262

F. Subconsultants/Subcontractors

Tenant shall require and verify that all subcontractors relating to this Agreement maintain insurance meeting all the requirements stated herein, and Tenant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

G. Review of Coverage

These insurance requirements shall be subject to periodic review by City’s Risk Manager.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Should the Risk Manager require any change in any coverage such change shall be communicated in writing to Tenant and Tenant shall comply with the said change within thirty (30) days following the date of receipt of the notice.

Item 1I - Page 30

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE DISPLAY OF THE BLACK HISTORY MONTH FLAG AT

CERTAIN CITY FACILITIES IN THE MONTH OF FEBRUARY

FROM: Scott C. Stiles, City Manager

SUMMARY:

This item provides the City Council the opportunity to authorize City staff to display the Black History Month flag at certain City facilities during the month of February, which is Black History Month.

RECOMMENDATION:

By motion, authorize City staff to display the Black History Month flag at certain City facilities, during the month of February.

BACKGROUND:

The City of Palm Springs has historically displayed the United States Flag and the California State Flag at City Hall and other City facilities. In October of 2023, the City Council adopted a Flag Display Policy. Under the Policy, the City Council has the authority to authorize the display of commemorative flags at City facili ties, as a n expression of government speech.

February is recognized as Black History Month. T he City prides itself as a city that respects and celebrates all persons of all races, and it is fully committed to welcoming and embracing all members of our community. The display of the Black History Month flag at certain City facilities will help demonstrate and communicate the City’s commitment to racial justice and inclusion, as well as celebrate the many unique contributions of African Americans to the City, our State and our nation.

ENVIRONMENTAL ASSESSMENT
:

This agenda item does not require further environmental assessments, as it can be seen with certainty that this action is not likely to have any impact on the environment.

Item 1J - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
Authorize Display of Black History Month Flag
ALIGNMENT WITH STRATEGIC PLANNING:

Thi
s item aligns with the City Council identified major theme/principle of Forward-Thinking Governance, as well as Priority 1, Quality of Life.

FISCAL IMPACT:

Th
is matter is likely to have little financial impact to the City. The cost of the flags is approximately $25-$30/flag.

REVIEWED BY:

City Manager: Scott Stiles
ATTACHMENTS:

None.

Item 1J - Page 2

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 8, 2024 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 2 4P015 WITH BBG, INC. FOR FACILITY APPRAISAL AND CONDITION ASSESSMENT

SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Contract Services Agreement No. 24P015 with BBG, Inc., in the amount of $450,000 to provide facility appraisal and condition assessment services.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24 P015 (Attachment A) with BBG, Inc., to provide facility appraisal and condition assessment services for a five-year term in an amount not to exceed $450,000 beginning February 12, 2024, through February 11, 2029;

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 January 4, 2024, BBG, Inc. is registered in the states of Delaware and California.

BACKGROUND:

The City last performed a complete building assessment in 2017. The information from this assessment is used by the City’s insurance broker to purchase property insurance on behalf of the City. At this time this information is becoming out of date and is in need of being updated to current values and conditions. In addition, the City uses this information to assist in the planning of maintenance and capital improvement programs, so it is critical to the City that this information be updated to current conditions and values.

The Contractor will reevaluate City owned facilities and update the condition assessment Item 1K - Page 1
City Council Staff Report
February 8, 2024 -- Page 2
Award Facility Appraisal and Condition Assessment Services Contract

and values for each facility on an annual basis for the term of the agreement.

STAFF ANALYSIS:

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

Two proposals were received by the deadline of January 4, 2024, as follows:

• All Environmental, Inc. dba AEI Consultants – Walnut Creek, CA • BBG, Inc. – Costa Mesa, CA

The evaluation team made up of City staff from the City Manager, Public Works and City Attorney’s offices evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope o f work, local preference, price.

Both firms were interviewed and scored by the evaluation team. All scores were then combined to determine the highest-ranking firm. BBG, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract for a five-year term in an amount not to exceed $450,000.

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 2, Community Infrastructure.

FISCAL IMPACT
:

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

Item 1K - Page 2
City Council Staff Report
February 8, 2024 -- Page 3
Award Facility Appraisal and Condition Assessment Services Contract

REVIEWED BY:

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

ATTACHMENTS:

A. Agreement No. 24P015
B. Public Integrity Disclosure Form

Item 1K - Page 3

ATTACHMENT A

Item 1K - Page 4

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CONTRACT SERVICES AGREEMENT 24P015

FACILITY APPRAISAL AND CONDITION ASSESSMENT SERVICES

THIS AGREEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entered into on February 12, 2024, by and between the City of Palm Springs, a California charter city and m unicipal corpora tion (“City”), and BBG, Inc. , a Delaware 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 r equires the servic es of a licensed and qualified firm to provide facility appraisal and condition assessment services, (“Project”).

B. C ontractor has submitted to Cit y a pro posal to provide facility appraisal and condition assessment services, under the terms of this Agreement.

C. Based on its e xperience, educat ion, training, and r eputation, Contrac tor is qualified and desires to provide the necessary services to City for the Project.

D. Cit y desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein , and ot her val uable 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 compliance with all ter ms 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" in cludes 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 Services . Con tractor shall be lia ble f or all violati ons of such laws and regulations in connection with the Services and this Agreement.

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

Item 1K - Page 5

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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 without 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. Con tractor shall be compensated 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 $450,000.00.

3.2 Method of Payment. In any month in which Co ntractor 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. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and 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 add itional fees. An amendment m ay be entered into:

A. T o provide f or revisions or modifi cations to documents, work product, or W ork, 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 not 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.

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 due 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 t hat materially affects Item 1K - Page 6

Page 3 of 20 ends

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 (includ ing, wit hout 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, “order s of gov ernmental au thorities,” incl udes ordinances, emergency proclam ations and orders, rules to prot ect 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 f or 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 Of ficer’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 term inated in accordance with Section 4.5 o f this Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on February 12, 2024, and ending on February 11, 2029, unless 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 s uch s horter ti me as may be determined by the City . Upon r eceipt of th e no tice of term ination, Contractor shall immediately ce ase a ll Services excep t su ch 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 b e 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 charge the cost th ereof to Contractor, who 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 with respect to the specified Services: Marc Nassif, Senior Managing Director. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City t o enter into this Agreement. T herefore, the foregoing principal shall be responsible dur ing the term of this Agreement for directing all activities of Contractor and devoting sufficient time to pe rsonally supervise the Services under this Agreement. The foregoi ng 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 h is/her designee ("Contract Officer"). Contractor shall be responsible fo r keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall Item 1K - Page 7

Page 4 of 20 ends

refer any decisions that must be made by C ity to the Contr act Officer. Un less otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontract ing or Assignment . The exper ience, 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 contra ct with any other individual or entity to perf orm 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 City . Subcontracts, if a ny, shall contain a provisions maki ng them subjec t to al l p rovisions sti pulated i n this Agreement including without limitation the insurance and indemnific ation requirements. If Contractor is permitted to subcontract a ny part of this A greement by Cit y, Co ntractor shall be responsible to City for the act s 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 consistent with that role ; however, C ity 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 of City. Contractor shall pay all wages, salaries, and o ther amounts due personnel in connection with their perf ormance under this A greement and as required by l aw.

Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: so cial 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 perform the services i n this A greement. Contractor shall not alter the assi gnment of the following personnel wit hout 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 any personnel assigned by Contractor by providing written notice to Contractor.

N ame: T itle:

Marc Nassif Senior Managing Director
Eric Correia Executive Managing Director
James O. Turner Managing Director, Right-of-Way Practice Leader Mark Haskell Managing Director
Al Khoshbin Senior Appraiser

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 perfor med as part of an applicable “public works” or “maint enance” project, as defined by t he Prevailing Wage Laws, and if the t otal compensation is $15 ,000 or mo re for ma intenance or $25,000 or mor e for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply Item 1K - Page 8

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Palm Springs City CouncilFebruary 8, 2024

Palm Springs City Council
February 8, 2024