(Revised 09 13 18)
Item 2A - Page 50
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
A. Palm Springs Promenade, LLC PSP LLC owned 91% GRIT Development LLC and 8% 100% ownership of Capital and all voting rights Michael Braun. GRIT Development owned by 80% Profits interest Wessman Family Trust, Trustees Sandra Wessman and Michael Braun
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. Michael Braun - Economic Interest only, no voting rights, 10% Profits Interest
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C. Octavio Fernandez Economic Interest only, no voting rights, 10% Profits Interest
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF (Revised 09 13.18)
HAT THE FOREGOING IS TRUE AND CORRECT.
Date
February 28, 2024
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
ATTACHMENT G
Item 2A - Page 51
PC Agenda 2/28/24 - Public Hearing #2A
[email protected] <[email protected]>
Sat 2/24/2024 1:27 PM
To: Planning <[email protected]>
Cc: City Clerk <[email protected]>; Paul Albani-Burgio <[email protected]> NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open a achments unless you are sure the content is safe.
Commissioners,
I was disappointed to see the Planning Staff recommend approval of this SIX YEAR extension of entitlements for this bad project. As you may recall, it was denied by both the Planning Commission and the AAC when it was first reviewed, then reviewed a second time. It only got approved on appeal through the aggressive push by one individual City Council member.
I encourage you to deny this extension for reasons I am about to explain as succinctly as I can.
The project has a long history, but only parts of it are relevant to this discussion, and ALL OF THOSE PARTS were omitted from the Staff Report. Please excuse my use of CAPS, but I'm coming in hot on this subject. I've been a full-time Palm Springs resident for over 18 years.
The downtown project was developed using $43 million dollars of public funds. $11 million for the public improvements (streets, sidewalks, infrastructure) and $32 million for the buildings which would be owned by the developer. The developer (Wessman/Grit/Braun) decided not to pay "prevailing wages" for the construction and the City let him get away with it. Prevailing wage for construction trades is set by their unions, and since Wessman refused to pay prevailing wages, the project was built without union labor.
But after much of the project was built, the developer got caught by the State of California and was told that the prevailing wage requirement did indeed apply to this project because it was developed using public funds. And this is the reason the developer is asking for a six-year extension of entitlements. Grit continues to fight this battle in the courts, and they continue to refuse to pay prevailing wage. If they were to pay prevailing wages, the project could start construction right now. But they want the City to wait up to SIX YEARS, until their lengthy court battle is concluded - and in the end THEY STILL MAY LOSE and we will be right back to where we are today, only everything will be more expensive.
We cannot continue to reward developers at the expense of the working men and women of our town.
Robert Julian Stone
4328 Indigo Street
Palm Springs, CA 92262
(760)333-5558
Item 2A - Page 52
CITY COUNCIL STAFF REPORT
DATE: MARCH 14, 2024 BUSINESS & LEGISLATIVE
SUBJECT: F ISCAL YEAR 2022- 2023 FINANCIAL AUDIT REPORTS OF THE CITY
OF PALM SPRINGS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
The certified public accounting firm of The Pun Group, LLC, completed the annual financial reports of the City as of June 30, 2023.
RECOMMENDATION:
Receive and file the following Financial Audit Reports for fiscal year June 30, 2022:
• Annual Comprehensive Financial Report (ACFR)
• Audit Communication Letter to the City Council
• Passenger Facility Charge (PFC) Report
• Housing Successor Audit Communication letter to the City Council • Public Financing Authority Financial Statements
• Independent Accountant’s Agreed Upon Procedures to Appropriations (GANN) • Measure D Independent Accountant’s Agreed Upon Procedures • Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA Firm)
STAFF ANALYSIS:
Based on the results of their audit, The Pun Group provided the City with an unqualified opinion on the financial statements which means that the City’s financial statements are free of material misstatements and are in accordance with Generally Accepted Accounting Principles (GAAP).
The specific financial documents on which the auditor expresses an opinion are: 1) the financial statements, and 2) notes to the basic financial statements which include required supplementary information. These documents, along with the auditor’s opinion, audit Item 3A - Page 1
City Council Staff Report
March 14, 2024 -- Page 2
FY 2022-23 Financial Audit Reports of the City of Palm Springs
communication letter, and report on internal controls form the core of the Annual Comprehensive Financial Report (ACFR).
Additional documents that make up the ACFR include: the letter of transmittal, management’s discussion and analysis (MD&A), and a supplemental section which includes a statistical section presenting detailed information to assist the reader in assessing the economic condition of the City.
The Pun Group and City Staff are currently in the process of completing the single audit and the report should be issued by March 31, 2023. The single audit report will be a receive and file item on the consent agenda at a future City Council meeting. In addition, the Measure J Annual Financial Report will be presented to the Measure J Commission at the March 21, 2024 Commission meeting, and once approved will be brought forward for City Council approval at a future meeting.
The FY 2022- 23 audited financial reports are available on the City’s webpage at the following link:
https://www.palmspringsca.gov/government/departments/finance- treasury/comprehensive-annual-financial-report
Hard copies of the reports are available by request to the Department of Finance and Treasury.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council priorit ies of Quality of Life and Community Infrastructure.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
None.
Item 3A - Page 2
CITY COUNCIL STAFF REPORT
DATE: MARCH 14, 2024 BUSINESS & LEGISLATIVE
SUBJECT: GENERAL FUND, CAPITAL, AND AIRPORT MID- YEAR FISCAL YEAR 2023-24 BUDGET UPDATE
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
Department of Engineering
Department of Aviation
SUMMARY:
This item will provide City Council an update on General Fund revenues and expenses, Capital, and Airport Fund revenue, expenses , and Capital for the first half of the Fiscal Year 2023-24.
RECOMMENDATION:
Receive and File.
STAFF ANALYSIS:
GENERAL FUND:
General Fund Revenue Highlights
The General Fund ended the first two quarters of the fiscal year with total revenue at $63 million. This is down 4% from the first two quarters of FY23 largely due to lower grant revenues as compared with last year. Most of the Grant revenue is attributable to the Navigation Center and Grant revenues are forecasted to pick up in the latter half of FY24 as construction of the Navigation Center progresses. A significant portion of this decline was offset by increases in fines and forfeitures, services, and interest income. These other sources of revenue brought an additional $1 million year -over-year as shown in Table 1 on the following page. Mid-Year highlights are presented below:
• Transient Occupancy Tax (TOT) is down from FY23, approximately 3% from $15.7 million in FY23 to $15.2 million in FY24. However, the City expects to exceed the budgeted amount of $48.9 million by the end of the fiscal year.
Item 3B - Page 1
City Council Staff Report
March 14, 2024 -- Page 2
Mid-Year Fiscal Year 2023-24 Budget Update
• Property tax is up 17% over prior year at the end of the first half. The City will receive two more large distributions of Property tax in the 3rd and 4th quarter of the fiscal year. This large increase is attributable to timing differences compared with last year. Property tax in FY23 was $29.2 million and FY24 is projected to be slightly above that.
• The City saw record Sales tax revenues in FY23. Currently, FY24 is trailing the previous year by 5%. See the sales tax analysis provided below for greater detail. • Utility Users Tax (UUT) growth appears to have stalled largely in the electric sector which has been singled out by City Staff for further review with the City’s consultants. In FY23, UUT ended the year at approximately $14.9 million. T his year UUT is expected to end roughly flat to last year.
• Interest revenue continues to outpace previous years. Higher bond yields have seen the City realize more revenue in the first half of fiscal year 2024 than the entire fiscal year 2023. The City expects to achieve its budgeted revenue of $3.6 million, a 71% increase over last year’s interest income of $2.1 million.
TABLE 1
Sales Tax Analysis
The City records sales on a cash basis and converts to Modified Accrual at year end for 2024 2024 2024 2023 2024 vs 2023 2024 Achieved
Q1 Q2 TOTAL YTD TOTA L YTD Revised Budget %
Total Revenue 16,735.8$ 46,263.5$ 62,999.3$ 65,792.2$ (2,792.9)$ 194,861.8$ 32% Transient Occupancy Tax 4,111.9 11,057.7 15,169.6 15,669.1 (499.6) 48,921.1 31% Property Taxes 2.8 12,044.2 12,047.0 10,323.6 1,723.4 31,015.8 39% Sales and Use Taxes 2,153.7 6,825.7 8,979.4 9,493.7 (514.3) 33,811.1 27% Utility Users Tax 2,321.6 4,082.4 6,404.0 6,585.3 (181.4) 20,801.9 31% Motor Vehicle in Lieu tax - - - - - 6,564.6 0% Franchise Fees - 626.4 626.4 538.7 87.7 4,676.1 13% Cannabis Tax 534.4 643.3 1,177.7 1,452.3 (274.6) 3,426.1 34% All Other Sources 4,219.2 7,592.8 11,812.0 10,779.9 1,032.1 29,182.8 40% Grant Revenue 3,392.2 3,391.1 6,783.4 10,449.6 (3,666.2) 16,462.4 41% Transfers From Other Funds - - - 500.0 (500.0) - Total Expense 38,409.3$ 50,991.3$ 89,400.6$ 80,909.7$ 8,490.8$ 225,017.7$ 40% General Government 7,004.5 13,047.1 20,051.6 20,541.0 (489.4) 42,027.9 48% Developmental Services 2,813.0 4,574.1 7,387.2 5,177.3 2,209.9 22,656.6 33% Public Works 1,344.2 1,590.8 2,935.0 2,443.4 491.5 6,415.2 46% Police 10,320.0 11,650.0 21,970.0 20,648.6 1,321.4 43,162.2 51% Fire 6,077.5 7,300.0 13,377.5 11,893.9 1,483.6 27,617.1 48% Parks and Recreation 2,524.9 3,392.1 5,917.0 5,046.8 870.2 15,256.7 39% PERS Future Cost Reserve - - - - - 6,000.0 0% Affordable Housing Reserve - - - - - 3,000. 0 0% Transfers 4,933.0 6,045.9 10,978.9 13,431.9 (2,453.0) 32,230.9 34% Set-Asides Remaining - - - - - 10,188.6 0% Grant Expense 3,392.2 3,391.1 6,783.4 1,726.8 5,056.6 16,462.4 41% Surplus/(Deficit) (21,673.5)$ (4,727.8)$ (26,401.2)$ (15,117.5)$ (30,155.8)$ Amounts in thousands
Item 3B - Page 2
--- --- --- --- -------- --- -----
City Council Staff Report
March 14, 2024 -- Page 3
Mid-Year Fiscal Year 2023-24 Budget Update
the City audit. To record on a cash basis means when the City receives the cash, it will be for sales two months prior. As an example, the City received sales tax cash in December, and it was for October sales. Sales tax for the General Fund year-to-date and compared to prior years are shown below in Chart 1.
CHART 1
Sales tax is trending down, but appears to mostly be attributable to one month, September. As you remember, Tropical Storm Hillary arrived in late August, and it’s possible this influenced the September sales. Most of the rest of the months appear to be reasonable in nature to prior year, and the last two months provided above in this fiscal year have been stronger than FY22.
Sales tax in FY23 and the last five years are shown below in Chart 2.
CHART 2
Note that sales tax revenue in FY22 and FY23 are strong historically. While City Staff may forecast conservatively the FY24 revenue to be down from prior year and budget, it will still be close to actual revenue in FY22 and FY23 and it will still be strong historically.
City staff recognizes that Palm Springs is typically its busiest during the last six (6) months Cash Received Sales Month 2022 2023 2024
September July 2,100,846 2,163,068 2,153,737
October August 2,042,067 1,979,151 1,907,282
November September 2,240,728 2,492,149 1,788,702
December October 2,507,341 2,859,359 3,129,684
January November 2,312,444 2,531,370 2,329,346
Total 11,203,426 12,080,098 11,308,751
% from PY 7.8% -6.4%
% from FY22 0.9%
GENERAL FUND
Item 3B - Page 3
,, ,, ,,
Audited Revenues
Fiscal Year Sales Tax
IFY19 $ 26,.800,263
IFY20 20,'923,634
IFY2l 25, 232,110
IFY22 31,.818, 700
IFY23 33,170,143
City Council Staff Report
March 14, 2024 -- Page 4
Mid-Year Fiscal Year 2023-24 Budget Update
of the fiscal year and therefore receives most of its sales tax revenues during that period.
General Fund Expense Highlights
The General Fund ended the first two quarters of the fiscal year with total expenses of $89.4 million. This is up approximately 11%, or $8.5 million, from FY 23. Mid- Year highlights are presented below:
• The increased expenses over prior year are due to the following:
o Salary and Benefit expenses are up approximately 13% in the first half of FY24 largely due to the continued hiring of staff in the current fiscal year and scheduled salary increases with staff labor unions. Salary and benefits at mid-year FY23 were approximately $39.4 million compared to FY24 at $44.5 million, accounting for $5.1 million of the total expense variance at mid-year.
o The City recorded greater Grant expenses in the current fiscal year compared with last year. This was largely due to the Navigation Center construction commencement in FY 24 and is expected to be completed in the summer.
• During FY24, the City Council approved amounts to temporarily be transferred out of General Fund to fund the Plaza Theater renovation; t he net impact to the General Fund budget in the current fiscal year is $6.9 million. Plaza Theater Foundation has committed to repaying the funds over time.
• Set Asides Spending YTD:
o Affordable Housing: $1.1 million – Aloe Palm Canyon
o Homelessness: $360,000 – Encampment clean up
o Homelessness: $5.7 million – Navigation Center
• Set Asides Remaining:
o Affordable Housing - $5.7 million - $5.2 million earmarked for various projects.
o Climate Programs - $2.2 million – all funds earmarked for specific projects. o Homelessness - $2.3 million – all funds earmarked for the Navigation Center
• Tropical Storm Hilary damage totaled $989,000 . This was primarily due to emergency repairs done to Indian Canyon to address the storm damage.
Item 3B - Page 4
City Council Staff Report
March 14, 2024 -- Page 5
Mid-Year Fiscal Year 2023-24 Budget Update
General Fund Full-Year Forecast
TABLE 2
General Fund Budgetary Highlights
Revenue Highlights
• Transient Occupancy Tax – The City is forecasting TOT revenue to be just under $51 million. This is 4% over budget. The previous two fiscal years actual TOT revenue ended at $53 million. While F Y23-24 may be down from prior years, revenues continue to be very strong historically.
• Property Tax – The City is forecasting Property Taxes to end F Y23-24 at $32.8 million, or 6% over budget. The City levied just over $33 million in Property Taxes for this fiscal year.
• Sales Tax - Please refer to the Sales Tax Analysis provided earlier in this staff report.
While down at mid -year largely due to September sales, staff has forecasted a stronger second half of the year, ending the year with revenue at $31.8 million, which is about 6% under budget.
• Utility Users Tax - Revenue is projected to end at $14.8 million, down from an original budget of $20.8 million, or approximately a 30% shortfall to the original budget.
Please see the UUT analysis below.
2024 2024 2024 2024 2024 2024 Achieved
Q1 Q2 Q3F Q4F Forecast Budget %
Total Revenue 16,735.8$ 46,263.5$ 53,283.8$ 74,855.7$ 191,138.8$ 194,861.8$ 98% Transient Occupancy Tax 4,111.9 11,057.7 13,367.6 22,345.1 50,882.3 48,921.1 104% Property Taxes 2.8 12,044.2 10,085.1 10,685.8 32,817.8 31,015.8 106% Sales and Use Taxes 2,153.7 6,825.7 8,862.2 13,914.2 31,755.8 33,811.1 94% Utility Users Tax 2,321.6 4,082.4 3,816.8 4,618.3 14,839.1 20,801.9 71% Motor Vehicle in Lieu tax - - 3,396.3 3,343.3 6,739.5 6,564.6 103% Franchise Fees - 626.4 473.0 3,737.6 4,837.1 4,676.1 103% Cannabis Tax 534.4 643.3 935.8 1,115.8 3,229.2 3,426.1 94% All Other Sources 4,219.2 7,592.8 7,787.2 9,976.4 29,575.6 29,182.8 101% Grant Revenue 3,392.2 3,391.1 4,559.8 5,119.3 16,462.4 16,462.4 100% Total Expense 38,409.3$ 50,991.3$ 46,626.4$ 84,529.4$ 220,556.4$ 225,017.7$ 98% General Government 7,004.5 13,047.1 9,017.1 12,894.8 41,963.5 42,027.9 100% Developmental Services 2,813.0 4,574.1 6,209.2 6,535.6 20,132.0 22,656.6 89% Public Works 1,344.2 1,590.8 1,526.2 1,873.7 6,334.8 6,415.2 99% Police 10,320.0 11,650.0 9,549.4 11,338.4 42,857.9 43,162.2 99% Fire 6,077.5 7,300.0 6,815.0 7,347.7 27,540.2 27,617.1 100% Parks and Recreation 2,524.9 3,392.1 3,629.8 4,299.3 13,846.1 15,256.7 91% PERS Future Cost Reserve - - - 6,000.0 6,000.0 6,000.0 100% Affordable Housing Reserve - - 1,500.0 1,500.0 3,000.0 3,000.0 100% Transfers 4,933.0 6,045.9 3,820.0 17,432.0 32,230.9 32, 230.9 100% Set-Asides Remaining - - - 10,188.6 10,188.6 10,188.6 100% Grant Expense 3,392.2 3,391.1 4,559.8 5,119.3 16,462.4 16,462.4 100% Surplus/(Deficit) (21,673.5)$ (4,727.8)$ 6,657.4$ (9,673.7)$ (29,417.5)$ (30,155.8)$ Amounts in thousands
Item 3B - Page 5
--- --- --- --- --- --- -----
City Council Staff Report
March 14, 2024 -- Page 6
Mid-Year Fiscal Year 2023-24 Budget Update
Utility Users Tax Analysis
The City largely relies on Tax Consultants, Avenu Insights (Avenu), to help with budgeting and forecasting of Sales Tax and Utility Users Tax. Avenu issued their annual report on UUT early in 2023 which gave a preliminary F Y23-24 budget. At that time, UUT revenue was trending considerably higher at the end of FY21-22, and based on trends Avenu issued their FY23-24 forecast for UUT revenue at $21.8 million. City staff adjusted the number downward to $20.8 million in the Fiscal Year 2023-24 budget to add some conservatism.
The significant increase was coming from SoCal Edison specifically (see Table 3 below).
Avenu has recently released their annual report for 2024 and the forecasted amount for FY23-24 was revised significantly downward to $14.8 million, which is what the City has forecasted for FY23-24 and how we are currently trending, down approximately $6 million from FY23-24 budget. The City is currently finishing up the RFP process to award a contract to a UUT Consultant. Once awarded, the City will ask for an audit of SoCal Edison to understand the large increase from FY20-21 to FY21-22 and the subsequent leveling off of revenue in F Y22-23 and the City’s current forecast. This audit should help the City understand if the increase was a one-time event, or recurring event, and will help to compile a more accurate forecast/budget.
TABLE 3
Expense Highlights
• Developmental Services forecasted expenses are favorable to budget due to Salary & Benefits savings of $1.1 million and $969,000 in Building & Planning related contract services.
Item 3B - Page 6
UTILITY USERS TAX REVENUE
Month
July
August
September
October
November
December
January
February
March
April
May
June
Total UUT (A ll Uti liti es)
Red= Forecasted Numbers
Southern California Edison **
Share of Electricity UUT Revenue
** Reported byAvenu In s ig ht s
2020 2021 2022 2023
660,958 730,888 1,246,075 1,317,301
764,245 811,522 853,417 974,994
711,476 845,418 847,020 1,507, 301
633,215 756,927 832,368 1,553,074
470,462 565,924 879,074 1,232,659
514,013 609,154 1,103,380 1,134,647
598,129 613,520 1,433,462 1,022,460
575,375 608,894 1,734,595 1,456,894
559,414 666,977 2,724,870 1,671,799
459,042 481,870 1,281,327 998,757
469,275 603,506 1,596,760 758,205
611,489 896,142 1,095,613 1,360,881
7,027,093 8,190,742 15,627,960 14,988,973
Tota l Annua l Reve n ue
4,334,236 3,958,333 10,592,764 8,233,387
92% 69% 82% 73%
2024
1,101 , 274
1,220 , 348
1,550 , 727
1,214 , 905
1,316 , 722
886,199
1,215,029
1,233,988 ,..
1,436,262
1,217,184
1,167,564
1,278,904
14,839 , 108
City Council Staff Report
March 14, 2024 -- Page 7
Mid-Year Fiscal Year 2023-24 Budget Update
• Parks & Recreation forecasted expenses are favorable to budget due to Salary & Benefits savings of $1.2 million related to vacant positions. • This will be a record year for General Fund grant expenditures forecasted to be $16.5 million. This is largely thanks to the Navigation Center’s state- provided HomeKey and HHAP grant funding, state- provided cannabis grants helping to incubate small businesses, as well as the Board of State and Community Corrections (BSCC) Retail Theft grant which commences this year and will assist the Police Department with focus on reducing crime in retail locations throughout the city.
Budgetary Overview and Fund Balance
There have been few changes to the City’s Adopted F Y23-24 budget. These changes are a result of items that were re -forecasted or passed by Council and added into the budget after the June 29, 2023 adoption of the budget. Changes to the budget are highlighted on the next page:
• Largely due to moving $2.3 million of grant revenue related to the Navigation Center operations to FY25.
• Largely due to the addition of $6.9 million in support for the renovation of the Plaza Theatre.
The following schedule depicts a roll forward of the General Fund balance:
Original Revenue Budget 197,514,084$
Adjusted Revenue Budget 194,861,857
Variance (2,652,227)
Detail of Revenue Budget Variance
Item 3B - Page 7
Detail of Expense Budget Variance
Original Expense Budget
Adjusted Expense Budget
Variance
$ 218,653,065
225,004,662
6,351,597
City Council Staff Report
March 14, 2024 -- Page 8
Mid-Year Fiscal Year 2023-24 Budget Update
Item 3B - Page 8
City of Palm Springs
General Fund Working Fund Balance Summary
Fiscal Vear 2022-2023 & 2023-2024
Beginning Fund Balance
Operating Revenues
Add: Grant Revenue
Transfers In
Total Revenues
Operating Expenditures
Transfers Out
Operating Surplus/ (Deficit) Exel. Grant Revenue
Set Asides
Operating Exp. Incl. Set Aside & Transfers Out
Less: Grant Expense
Total Expenditures
Surplus/ (Deficit)
Required Minimum Fund Balance
Remaining Fund Balance
Total Fund Balance
CalPERS Reserve Set-Aside
TOT to Affordable Housing
Unassigned Fund Balance
All below are a % of Total Fund Balance
Required Minimum Fund Balance (20% OPEX)
Fund Balance Cal PERS Reserve % Total
TOT to Affordable Housing
Unassigned Fund Balance
Total
$
$
FY 2022-23
Audited
Actual
132,191,580
174,813,732
17,913,516
1,000,000
193,727,248
(149,305,347)
(16,364,089}
10,144,296
(165,669,436}
(6,563,625)
(172,233,061)
21,494,187
29,861,069
123,824,698
153,685,767
34,250,000
3,211,707
86,362,991
19.43%
22.29%
2.09%
56.19%
100.00%
FY 2023-24
Estimated
Actual
$ 153,685,767
174,676,400
16,462,400
-
191,138,800
(161,674,444)
(32,230,900}
(19,228,944)
(10,188,615)
(204,093,959}
(16,462,403}
(220,556,362)
(29,417,562)
32,334,889
91,933,316
124,268,205
40,250,000
6,211,707
$ 45,471,609
26.02%
32.39%
5.00%
36.59%
100.00%
City Council Staff Report
March 14, 2024 -- Page 9
Mid-Year Fiscal Year 2023-24 Budget Update
CAPITAL UPDATE:
There are seven (7) funds that make up the main funding sources for the Capital spent by the City. Total revenue in these funds is approximately $57 million. The City receives reimbursement revenue for major road and bridge projects from California Department of Transportation (Caltrans) and/or the Coachella Valley Association of Governments (CVAG) which can be a major source of funding, particularly in the Capital Fund which funds many of the major road infrastructure projects. Revenue and expenditure forecast for the Capital funds are shown below in Chart 3.
CHART 3
The City’s C apital funds facilitate the funding of critical projects that both increase the quality of life for the residents and ensure for the critical safety of City infrastructure as well as ensuring the public can carry out their day-to-day functions throughout. A listing of major ongoing projects are shown below in Chart 4.
CHART 4
Item 3B - Page 9
Fund
Measure J
Capital
Measure A
RMRA
Gas Tax
Quim by
Drainage
TOTAL
Project Name
INDIAN UNION PAC RR BRIDGE*
PLAZA THEATER IMPROVEMENTS
RAMON ROAD BRIDGE
VISTA CHINO BRIDGE WW WASH
S PALM CYN TAHQUITZ CREEK BRIDGE
MAIN LI BRARY RENOVATIONS**
STORM DRAIN LI NE 20
ANNUAL PAVING REHABILITATION
NAVIGATION CENTER***
EPCPALMCYN WASH BRIDGE
RECREATIONAL LED LIGHTING UPGRADE
TOTAL
• Excludes $13M of projectfundingfrom wastewater
** Infrastruct ure Only
Revenue
$ 22,431.1 $
18,581.5
11,092.0
2,885.0
1,238.2
591.5
482.8
$ 57,302.1 $
Actual &
Encumbrances
$ 38,698.3 $
25,597.9
747.3
3,560.9
202.7
1,850.8
12,344.9
-
9,760.0
519.6
5,157.8
$ 98,440.1 $
Forecast
Expense Surplus/(De fi cit) U se of Funds
23,047.9 $ (616.8) Infrastructure
11,385.3 7,196.1 Infrastructure
9,185.3 1,906.7 Transportat ion
1,655.8 1,229.2 Road Maintenance
3,257.0 (2,018.8) Road Maintenance
837.6 (246.1) Parks and Recreation
648.0 (165.2) Drainage
50,016.9 $ 7,285.2
Amo uni s in Thousa1d s
Top Projects
Budget Funding Source Status
44,399.1 Measure A/Capital Under Construction
31,551.5 Capital/Measure J Under Construction
17,287.8 Measure A/Capital Constr. Early 2025; ROW Complete; Final Design 15,795.7 Measure A/Capital Constr. Aug 2026; 65% Plan Co mplete; ROW Start 14,238.4 Measure A/Capital Con str. Jan 2025
14,120.1 Capital/Measure J Design; est constr. mid 2025 12,422.7 Drainage/Cap ital Under Construction
9,cro.o Measure J Fund Construction late Mar 2024
9,760.0 Capital Projects Fund Under Construction; 1st phase opens Mar 2024 9,813.9 Measure A/Capital Constr. June 2025
6,194.2 Measure J Fund U nder Construction
184,583.5 Am aunts in Thou.s ands
*** $29.9 milli on oft he project is funded with grants and General Fund balance primarily in the General Fund City Council Staff Report
March 14, 2024 -- Page 10
Mid-Year Fiscal Year 2023-24 Budget Update
The City is fortunate to have several special revenue funds which raise funds to be used on capital projects for a variety of purposes. The deployment of these resources has assisted City Staff in making great strides in improving the Parks as well as the roadways throughout the City and will continue to do so for the foreseeable future. S everal notable projects funded by these resources are shown below in Chart 5.
CHART 5
PALM SPRINGS INTERNATIONAL AIRPORT:
The City administers Palm Springs International Airport (the Airport), a key asset within its jurisdiction. As part of the City's proprietary funds, the Airport is managed through an enterprise fund dedicated to overseeing all aspects of its operations. Functioning as a business entity, the Airport's financial activities are segregated into the General Airport Operations Fund, comprising four distinct categories: Customer Facility Charge, Passenger Facility Charge, General Airport Operations, and Airport Capital Projects.
A consolidated schedule of the Airport funds showing revenues and expenses year-to-date versus FY23 year -to-date at December 31, 2023 are shown in Table 4 on the following page.
Item 3B - Page 10
Other Projects
Project Name Actual &
Encumbrances Budget Funding Source Status
CYCLE 8 TRAFFIC SIGNAL IMPROVEMENTS $ 4,111.7 $ 4,211.9 SBl RMRA/Gas Tax/Capital Under Construction ANNUAL SLURRY SEAL - 3,797.5 SBl RMRA/Gas Tax/Measure A Constr. May 2024 DEMUTH DOG PARK 659.0 3,206.3 Measure J/Quimby/Capital Design PICKLEBALL COURTS 167.1 1,450.0 Measure J/Quimby Receiving Community Input TOTAL $ 4,937.8 $ 12,665.7 Amounts in Thousands
City Council Staff Report
March 14, 2024 -- Page 11
Mid-Year Fiscal Year 2023-24 Budget Update
TABLE 4
Airport Revenue Highlights
The combined Airport revenue funds ended the first two quarters of the fiscal year with total revenue at $22.6 million. This is a decrease of 31% from the first two quarters of FY24 due to a federal government grant collection of the Coronavirus Aid, Relief, and Economic Security Act (CARES) and the Airport American Rescue Plan Act (ARPA) totaling approximately $12.0 million in FY23. Adjusting for these two items, revenue is up by 9%. Both CARES and ARPA grants have been fully utilized; as a result, the Airport will not be receiving the grant funding in future years. Mid- year highlights are presented below:
• The Customer Facility Charge Fund saw a 12% increase, driven by additional rental car days and the collection of the maximum $45 charge on five-day rentals. • The Passenger Facility Charge Fund experienced an 8% increase. This growth can be attributed to expanded flight routes.
• The General Airport Operations Fund experienced an 11% increase, primarily attributed to the increases in the non-airline revenue which includes public parking, ground transportation, terminal and other concessions, rental cars, and ground rents.
Item 3B - Page 11
20 2 4 2 0 2 4 2 0 2 4 2 0 23 2 0 2 4 v s 2 0 24 Achiev e d Ql Q2 TOTAL YTD TOTAL YTD 2 0 23 Budget %
Total Revenue $ 6,216.4 $ 16,375.9 $ 22,592.3 $ 32,745.9 $ (10,153.7} $149,425 .1 15.1% Licenses & Permits 13.1 85.0 98.1 86.4 11.8 147.0 66.8% Intergovernmental 1,408 .3 1,408.3 5,989.7 (4,581.4) 5,064.3 27.8% Charges for Services 4,851.4 10,093 .0 14,944.4 13,460.1 1,484. 3 56,001.0 26.7% Customer Facil ity Charges 444.0 1,793 .3 2,237.3 2,211 .5 25.8 8,806.3 25.4% Passenger Charges 450.5 1,666.4 2,116 .9 2,099.5 17.3 6,425.8 32.9% Fines & Forfeitures 0.1 0.6 0.6 2.3 (1.7) 6.0 10.8%
Interes t Revenue 454.6 818 .0 1, 272.6 448.4 824 .3 660.0 1928% Miscel laneous 2.7 1.2 3.8 55.7 (51 .8) 69.8 5.5%
Capital Project Gran ts 0.0 0.0%
Capital Proj Federal Gran ts 510.2 510 .2 510.2 56, 218.2 0 .9% Airport Grants 6,020.7 (6,020.7) 2,602 .9 0.0%
Transfers In 2,371 .7 (2,371.7) 13,424.0 0.0%
Total Expense $ 7,256.4 $ 14,742.0 $ 21,998.4 $ 18,661.3 $ 3,337.1 $168,697 .5 13.0% Administration 1,075.3 1,674 .2 2,749.5 2,392.1 357.4 8,155.9 33.7% Airport IT 73.4 120.5 193. 8 0.0 193 .8 1,026 .2 18.9%
Law Enforcemen t 788.9 950.4 1,739 .3 1,707 .0 32.4 3,131.0 55.6% Aviat ion Secur ity 26.2 54.2 80.3 80.3 1,936.3 4 .1%
Airside Opera tions 1,047.0 1,695 .1 2,742.1 199.3 2,542.8 5,981.7 45.8% Rescue - Fire 820.0 1,146.6 1,966.6 2,014.6 (47.9) 4,828.6 40.7% Landside Operations 161.5 599.4 760.9 766.6 (5.7) 2,217 .3 34.3% Grounds Maintenance 79.0 142.4 221.4 279.2 (57 .8) 691.7 32.0% Term ina l Build ing Ops 994.8 1,083 .2 2,078 .0 3,331 .0 (1,253 .0) 8,270 .5 25.1% Othe r Expenses 2,190.3 7,276 .0 9,466 .3 5,599.8 3,866 .6 119,034.4 8.0% Transfers Out 2,371 .7 (2,371 .7) 13,424 .0 0 .0%
Surplus/(Deficit ) $ (1,040.0) $ 1,633.9 $ 593.9 $ 14,084.6 $ {19,272.4) City Council Staff Report
March 14, 2024 -- Page 12
Mid-Year Fiscal Year 2023-24 Budget Update
Airport Expense Highlights
The combined Airport expenses ended the first two quarters of the fiscal year with total expenses of $22.0 million. This is an increase of approximately 18% from FY22-23. Mid- year highlights are presented below:
• As a result of the implementation of airline gate common use, an Airport Information Technology account was created in F Y24 to record staff salaries, benefits and connectivity expenses related to the Airport. • Airside Operations substantially increased in expenses which is directly attributable to the implementation of the new Airport Use and Lease Agreement with the airlines, which mandates the accurate allocation of airfield- related expenses, including staff salaries and benefits.
• Airport Administration increased by 15% due to additional administrative staff, travel expenses, training costs and membership dues to aviation- related organizations.
Airport Budget Full-Year Forecast
TABLE 5
Item 3B - Page 12
2024 2024 2024 2024 2024 2024 Achieved
Ql QZ Q3F Q4F FORECAST BUDGET %
Tot al Reven ue 6,216.4 16,375 .9 27,570 .9 32, 132 .9 82,296 .0 1 49,4 25.1 55% Licenses & Permit s 13.1 85 .0 59.5 51.5 219 .1 147 .0 149% Int er govern ment a I 0.0 1,408 .3 0.0 5,054 .3 5,472 .5 5,054 .3 128% Charges for Services 4,851 .4 10,093 .0 15,543 .1 12,170 .7 42 ,758 .3 55,001 .0 75% Cust omer Facil ity Charges 444 .0 1,793 .3 3 ,219 .7 3 ,513 .0 8 ,959 .9 8,805.3 102 % Passenger Charges 450.5 1,555.4 2 ,310 .9 1 ,991 .2 5,419 .0 5,425 .8 100% Fines & Forfeitu res 0.1 0.5 0.5 0 .3 1.4 5.0 24%
Interest Revenue 454 .5 818.0 1,527 .4 3 ,241 .2 5 ,141 .3 550.0 930% Miscellaneous 2.7 1.2 3.4 583 .9 591 .1 59.8 991 %
Capit al Project Grants 0.0 0.0 1,093 .5 1 ,518.5 2,712 .0 0.0 NA capit al Proj Federal Grant s 0.0 510.2 1,000 .0 1 ,000 .0 2 ,510 .2 55,218 .2 4% Airport Grants 0.0 0.0 2 ,502 .9 2 ,798 .3 5,401 .1 2,502 .9 208 % Transfers In 0.0 0.0 0.0 0 .0 0.0 13,424 .0 0 %
Tota l Expense 7,256 .4 14,742.0 15,413.7 12,611.2 50,023 .3 168 ,697 .5 30% Adm inistrati on 1,075 .3 1 ,574.2 1 ,555 .7 1 ,272 .8 5 ,578 .0 8,155 .9 58% Airport IT 73.4 120.5 270 .4 221 .3 585 .5 1,025 .2 57% Law Enforcement 788 .9 950.4 812 .7 554 .9 3 ,217 .0 3,131 .0 103 % Aviation Security 25.2 54.2 50.5 41.4 172 .3 1,935 .3 9 % Airside Operat ions 1,047 .0 1 ,595 .1 1 ,502 .4 1 ,229 .2 5,473 .7 5,981 .7 92% Rescue - Fire 820.0 1,145.5 1 ,371 .1 1 ,121.8 4,459 .5 4,828.5 92% Landside Operat ions 151 .5 599 .4 440 .7 350 .5 1 ,552 .2 2,217 .3 70% Groun ds Maintenance 79.0 142 .4 129 .5 105 .0 457 .0 591 .7 55% Terminal Buil ding Ops 994 .8 1,083 .2 1 ,372 .2 1 ,122 .7 4 ,573 .0 8,270 .5 55% Other Expenses 2,190.3 7 ,275 .0 4 ,057 .3 3 ,327 .8 15,851.4 119,034 .4 14% Transfers Out 0.0 0.0 3 ,841 .0 3 ,142 .5 5 ,983 .5 13,424 .0 52% Surplus/ (Deficit) -1,040.0 1,633.9 12,157.2 19,521 .7 32,272.8 -19,272.4 .
City Council Staff Report
March 14, 2024 -- Page 13
Mid-Year Fiscal Year 2023-24 Budget Update
Airport Budgetary Highlights
The combined Airport revenue totals at mid- year is 15% of the total F Y24 budget. The Airport expects this revenue to be $6 million below budget in capital expenses and transfers due to the push out of projects. The Airport collects most of the revenue during the second half of the fiscal year, when travel is at its peak for Palm Springs. The total passenger forecasts indicate that passenger traffic for the rest of the fiscal year is expected to increase slightly when compared to F Y23, shown below in Chart 6 . This chart encompasses both the 10-year historical and FY24 forecasted passenger data.
CHART 6
The Airport had a combined operating revenue for charges for services in FY23 of $52.3 million. Staff is projecting a $6.0 million increase in operating revenue for charges for services in FY24 to end at $58.3 million shown on the following page in Chart 7. Chart 7 illustrates a five-year comparison of historical operating revenue and expenses, as well as FY24 forecasted data.
Item 3B - Page 13
4,000,000
3,500,000
3,000,000
~
2,500,000
Q)
0Jl
C 2,000,000 Q)
V,
V,
ro c..
1,500,000
1,000,000
500,000
10-Year Total Passengers: Historical & Forecasted
3,379,510
1,332,655
13-14 ' 14-15 ' 15-16 ' 16-17' 17-18 ' 18-19 ' 19-20 ' 20-21 ' 21-22 ' 22-23 ' F23-24' Fiscal Year
City Council Staff Report
March 14, 2024 -- Page 14
Mid-Year Fiscal Year 2023-24 Budget Update
CHART 7
The combined Airport expense totals at mid- year is 13% of the total F Y24 budget. The corresponding expenses for the pushed-out projects and a portion of the transfers out will be deferred to FY25. The Airport intends to transfer out approximately $2.3 million to fund the Airport Capital Projects fund, at the end of the fiscal year. • Charges for service are currently $13.0 million below budget. The revenue shortfall is attributed to a decrease in the average spend per passenger on concessions from the ongoing project renovations in the food and beverage and retail spaces along with the Bono Concourse common use and carpet renovation. • The Airport does not anticipate receiving the $5.7 million grant from the Federal Aviation Administration (FAA) under the Bipartisan Infrastructure Law, as it has been revoked by the FAA. However, the A irport plans to apply for future funding opportunities.
• Implementing a hybrid methodology with the airlines, the A irport began budgeting for all future fiscal year capital projects which took effect on July 1 of FY24 as a result of the newly signed Airport Use and Lease Agreement (AULA). • The Airport anticipates a $56 million budget for capital projects reimbursable through grants over three to five years to signal commitment to airlines and federal agencies for funding support.
• The budgeted FY24 expense of $120 million is allocated for various Airport projects as a result of the new budg eting process from the new AULA, which identifies ongoing and future projects to the airlines. Major project expenses include $23.1 Item 3B - Page 14
VJ 70,000.0
"C
C
co 60,000.0 VJ
::J
0 .c
I- 50 ,000.0
40,000.0
30,000.0
20 ,000.0
10,000 .0
0.0 Operating Revenue and Expenses Comparision
Historical & Forecasted
18-19 ' 19-20 ' 20-21 ' 21-22 ' 22-23 '
Operating Revenues Operating Expenses
F23-24 '
City Council Staff Report
March 14, 2024 -- Page 15
Mid-Year Fiscal Year 2023-24 Budget Update
million for the South Checked Baggage Inspection System Building Facility Design, $33.7 million for inbound baggage claim expansion, and $10 million for restroom capacity and ADA renovation.
Airport Capital Projects Fund
The Airport Capital Projects fund is for the Airport’s various capital projects. The A irport maintains a five- year Capital Program that is intended to address critical improvements.
The Capital Program includes capital improvement projects that address federal security requirements, airfield safety, environmental remediation, terminal upgrades, and development. The Airport intends to receive approximately $2.0 million in Airport Improvement Program (AIP) grant funds from the Federal Aviation Administration (FAA) in FY24 to fund capital projects. The remaining projects will be funded out of the Airport Capital Projects fund balance.
A partial list of major projects funded by the Airport Capital Projects Fund are shown below in Chart 8.
CHART 8
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Priority 1 – Quality of Life, and 2 – Community Infrastructure.
FISCAL IMPACT:
None.
Item 3B - Page 15
De~rtment of Aviation To~ Projects
Actual &
Proje ct Name Encumbrances Budget Funding Source Statu s AIRCRAFT RESQJE & FIREFIGHTING TRUCK 1,127.6 1,500.0 Airp ort Acquired Equip ment AUTOMATED VEHICLE IDENTIFICATION 138 .2 300.0 Airp ort In progress COMMON USE 1,322.2 3,003.4 Airp ort Under Construction
EV CHARGER 295.7 499.1 Airp ort/ ACIP Acquired Equipment FEDERAL INSPECTION SERVICES (FIS) 305.0 315.0 Airp ort Study in Progress GATE STRIPING 599.9 599.9 Airp ort Comp lete
HOT SPOT STUDY 183 .8 200.0 AOP Study in Progress
IN BOUND BAGGAGE CLAIM 3,008.0 33,697 .7 Air p ort/ BIL - ATP Grant Design in Progress MASTER PLAN 2,277.6 2,275.8 AOP Study in Progress
OUTBOUND BAGGAGE HANDLING SYSTEM 3,174 .6 23,174.6 Airp ort/ ACIP / PFC Design in Progress PUBLICPARK ING PAVING 1.5 2,400.0 Airp ort Design in Progress PUBLIC RESTROOMS 29.0 10,000.0 Airport/ BIL - ATP Grant Design in Progress TAXIWAY REHABILIATION W & Al 571.3 630.0 AOP Design in Progress WIFI WIRELESS EQUIPMENT 935. 9 1,277.8 Airp ort Acquired Equipment WILDLIFE HAZARD ASSESSEM ENT 1 37. 9 273.9 AOP Study in Progress TOTAL $ 14,108 . 3 $ 80,147 .3 Amo unts in Thousands
City Council Staff Report
March 14, 2024 -- Page 16
Mid-Year Fiscal Year 2023-24 Budget Update
REVIEWED BY:
Director of Finance: Kristopher J. Mooney
City Engineer: Joel Montalvo
Airport Administration Manager: Victoria A. Carpenter
Executive Director of Aviation: Harry Barrett
City Manager: Scott Stiles
ATTACHMENTS:
None.
Item 3B - Page 16
CITY COUNCIL STAFF REPORT
DATE: M ARCH 14, 2024 BUSINESS & LEGISLATIVE
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO
UNDERTAKE A COMPREHENSIVE UPDATE TO THE COLLEGE PARK
SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL REVIEW
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
This is a request to approve a Professional Services Agreement with Terra Nova Planning & Research, Inc., in the amount of $246,890 to prepare amendments to the existing College Park Specific Plan, undertake community outreach and engagement, and prepare the associated environmental analysis in accordance with the California Environmental Quality Act (CEQA). The Specific Plan will be renamed as part of the process, in consultation with the community. It is anticipated the project will advance for Council consideration approximately one year after commencement.
RECOMMENDATION:
1) Authorize a Professional Services A greement (Attachment A) with Terra Nova Planning & Research, Inc., in the amount of $246,890 for professional services to amend the College Park Specific Plan and for associated environmental assessment services; and
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 20 23-24, APPROPRIATING A TOTAL OF $ 246,890 FROM THE CITY’S SPECIAL PROJECT FUND 160 FOR PROFESSIONAL SERVICES FOR
AMENDMENTS TO THE COLLEGE PARK SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL REVIEW SERVICES.”
3) Authorize the City Manager to execute all necessary documents.
Item 3C - Page 1
BUSINESS PRINCIPAL DISCLOSURE:
Terra Nova Planning and Design, Inc, has filed a Public Integrity Disclosure. A copy of the form is included as an attachment to this report.
BACKGROUND
In 2007, the City of Palm Springs organized an effort to bring the West Valley Campus of the College of the Desert (COD) to the city. The City acquired approximately 116 acres from the US Bureau of Land Management for the campus and conveyed the land to COD.
To take advantage of the new campus development, the City undertook a master planning process to include the surrounding neighborhood so that the cultural and economic benefits of the campus could be optimized. The College Park Specific Plan was developed as the means to provide a regulatory framework for the master plan and was adopted by the City Council on May 4, 2011 (Ordinance No. 1 789). A General Plan Amendment and Change of Zone application was approved in conjunction with the adoption of the Specific Plan and established the land use designations for the Specific Plan area.
COD announced plans in April 2014 to pursue an alternate campus site at the former Palm Springs Mall property at the southwest corner of Tahquitz Canyon Way and Farrell Drive. An environmental review process for the mall site was begun in November 2014, and has since been completed. Since that time, COD has been engaged in design of the alternate campus site, which is currently anticipated to provide 150,000 square feet of educational space. COD is pursuing final design, which will require approval by the State prior to commencing construction later in 2024.
STAFF ANALYSIS:
The update is being pursued partly in response to the decision by College of the Desert to shift their plans for a campus at the Desert Highlands site to an alternate location. The current Specific Plan designates the COD parcel as C-SP (Campus – Specific Plan) which only permits educational facilities. The update will contemplate alternate uses for that site that support the needs of the City’s north end and its residents.
In addition, the original land use framework for areas beyond the COD site was developed with the intention of supporting educational uses. As those plans are not proceeding, an economic and land use analysis will be undertaken to assess what land use changes can be made to the broader planning area to ensure the Specific Plan promotes the range of housing, commercial uses, and jobs that will best serve this community.
To inform these efforts, Terra Nova has proposed to engage a facilitator, KDI Group, with expertise in community engagement. KDI Group is currently leading the City’s Parks and Recreation Master Plan update and has been actively engaging with the community on that work. For this project, KDI, in partnership with Terra Nova, will lead a robust Item 3C - Page 2
engagement plan with community residents to help shape a plan that promotes quality and affordable housing and economic development for the North End of Palm Springs.
The engagement plan will include an advisory committee of community leaders (to be determined with the City Council), as well as several mobile and community workshops and listening sessions to engage the community in identify ing current conditions , developing housing and economic land use strategies, and receiving input on the draft changes in tandem with the formal review process by the Planning Commission and City Council.
The update will also necessitate a change of name to the Specific Plan to reflect the shift in the Plan’s objectives. It is intended that the consultation process will help identify potential names that are reflective of the overall goals that are developed through the amendment process.
Terra Nova Planning & Research, Inc., prepared the original Specific Plan document and environmental study on the City’s behalf. Accordingly, pursuant to the provisions of Palm Springs Municipal Code Section 7.05 .030 (Procurement Ordinance), under the special expertise exemption, staff determined it most advantageous to utilize the firm that has performed earlier work on this plan to update the plan. Terra Nova prepared a proposal to prepare the amendments to the Specific Plan document and to conduct the associated environmental analysis required under the CEQA guidelines, due to their special expertise with the project. A copy of the proposal is included as an attachment to this report.
ENVIRONMENTAL ASSESSMENT:
This amendment will qualify as a Project under the California Environmental Quality Act (CEQA). Because an Environmental Impact Repor t (EIR) was prepared for the initial Specific Plan, it is anticipated a Supplement to the initial EIR will be the appropriate document to analyze the proposed Project. The proposed scope of work includes the necessary environmental analysis.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priorit ies 1C – Affordable Housing, 1D – Economic Development, and 2C – Community Design.
FISCAL IMPACT:
Expenditures will span both fiscal year 2023- 2024 (FY24) and fiscal year 2024- 2025 (FY25). Funds will be appropriated from the City’s Special Project Fund 160.
Item 3C - Page 3
REVIEWED BY:
Department Director: Christopher Hadwin
Procurement and Contracting Director: Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Professional Service Agreement
B. Public Integrity Disclosure Form
C. Resolution
Item 3C - Page 4
ATTACHMENT A
Item 3C - Page 5
CONSULTING SERVICES AGREEMENT 24S1044
COLLEGE PARK SPECIFIC PLAN
THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on March 18, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Terra Nova Planning & Research, Inc. , a California Corporation (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a planning firm, for development of the College Park Specific Plan, (“Project”).
B. Consultant has submitted to City a proposal to provid e a College Park Specific Plan to City under the terms of this Agreement.
C. Based on its experience , education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Consultant shall provide planning services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality , experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law . Consultant shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 3C - Page 6
1.3 Licenses and Permits . Consultant shall obtain at its 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.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant 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 Consultant to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $246,890.
3.2 Method of Payment . In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month , in the form approved by City’s finance director . Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant’s invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/W ork is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
Item 3C - Page 7
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event , if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Co nsultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, t he Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of one year , commencing on March 18 , 20 24, and ending on June 30 , 2025, 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 Consultant. W here termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City . Upon receipt of the notice of terminati on, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action.
Consultant may not terminate this Agreement except fo r cause upon thirty (30) days written notice to City.
Item 3C - Page 8
5. COORDINATION OF WORK
5.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Nicole Sauviat Criste , Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement . The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Consultant, its agents or employees, perform the Services required, except as otherwise specified. Consultant shall perform all required Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel Item 3C - Page 9
without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.
Name: Title:
Nicole Sauviat Criste Principal
5.6 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcon tractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcon tractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item 3C - Page 10
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 ( Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this 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 Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertainin g in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.
8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City . Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents.
Item 3C - Page 11
8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Item 3C - Page 12
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Consultant, or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of 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”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or 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 Consultant 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.
Item 3C - Page 13
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Terra Nova Planning & Research, Inc.
Attention: Nicole Sauviat Criste
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties.
11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
Item 3C - Page 14
11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.10 Compliance with Economic Sanctions in 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 Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
Item 3C - Page 15
Item 3C - Page 16
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND TERRA NOV A PLANNING & RESEARCH, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
Date: _.B--+-"-/5,,__,__/J.~L/-___ _
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: ___ Item No. __ _
APPROVED AS TO FORM:
By: --- - ---- - - City Attorney
APPROVED:
By~ ignature
;n::ture required for Corporations)
Date: ~.3_/,-=_6=-+--/ _2_</ ____ _
I I
ATTEST:
By:------ - - - ----City Clerk
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
Revised 4.13.23 Page 11 of 24
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 3C - Page 17
Item 3C - Page 18
r-- ~
..._ ~ TERRA NOVA PLANNING & RESEARCH, INC.®
Revised March 4, 2024
Mr. Chris Hadwin
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Proposal to Amend the College Park Specific Plan and Associated CEQA Documentation Dear Chris:
Terra Nova is pleased to provide the following proposal for the amendment of the College Park Specific Plan. This proposal is modified from our 2021 scope of work based on our recent conversation, the direction that the City would like to pursue, and our review of the requirements of CEQA given the proposed changes to the Specific Plan.
Understanding of Project and Scope of Work
The City wishes to amend the College Park Specific Plan to replace the proposed College of the Desert Planning Area (Planning Area 1) with a mixed use planning area . In addition the City expects to want to modify other parts of the Specific Plan to make alterations to land use and standards that are more reflective of current conditions, economic opportunities and the neighborhood's needs. It is not expected that these changes will be major, or that the land use mix will substantially change. The City and Terra Nova will work together to establish a project description that incorporates the changes in Planning Area 1 and other areas of the Plan . The Specific Plan Amendment would include:
• Review of the entire document for consistency with the revised project. • Revision of exhibits as needed to reflect the change in Planning Area 1 and other parts of the Plan.
• Removal of references to College of the Desert , educational land uses, development standards and descriptions throughout the document.
• Revision of Section I to accurately describe the project area, including goals and objectives consistent with residential land uses on Planning Areas. • Revision of Section II to include comprehensive development standards . • Revision of Section II to change Second Unit Standards to Accessory Dwelling Unit standards found in the Zoning Ordinance (and a reference to changes that may occur over time in order to conform with changes in State law) . • Revision of Section VII to add a description of Planning Area 1. • Revision of Section IX as in relates to College training programs and related socio economic issues.
• Removal of Section X.
• The inclusion of a new Section or sub-section which provides information on demographics and economic trends in this part of the City, and recommendations on how the Specific Plan can best be geared to taking advantage of economic growth opportunities.
42635 MELANIE PLACE, SUITE 101, PALM DESERT , CA92211 (760) 341-4800 Item 3C - Page 19
CPSP Amendment Proposal
Revised March 4, 2024
No substantial changes are anticipated in Sections Ill, IV, V, VI and VIII other than the removal of references, if any, to the college campus, and references to CV Link connections.
The Amendment will qualify as a Project under the California Environmental Quality Act (CEQA). Because the project site was fully analyzed in a certified Environmental Impact Report (EIR), the City can benefit from this analysis, and consider alternatives under CEQA. We have researched the options, and believe that a Supplement to the CPSP EIR is the appropriate document in this case. The Supplement would summarize previous environmental areas where no change will occur, and provide comprehensive analysis of those environmental issue areas where such analysis is needed. At this time, we believe that the Supplement will include new analysis of aesthetics, air quality, energy, greenhouse gas emissions, land use and planning, noise, transportation, and utilities. The other issue areas will be briefly summarized, and conclusions regarding the changes, or lack of changes, expected as a result of the amended Specific Plan will be provided.
For purposes of this proposal, we have assumed that a traffic impact analysis and VMT screening analysis will be required which provides an analysis of current and build out conditions associated with the Specific Plan Amendment, and a Noise Impact Analysis to address the location of residential land uses adjacent to Indian Canyon. Finally, a \Nater Supply Assessment (WSA) was prepared for the Specific Plan, as required by California \Nater Code.
This Amendment will change the land uses, and is likely to include more than 500 residential units. We have included an update to the WSA since the residential project triggers the need for this analysis. We would discuss the Amendment with Desert Water Agency, and determine how best to update the WSA for their review. For purposes of this proposal, we have assumed that only two types of changes would be made to the previous WSA: references and data from the current Urban Water Management Plan would replace the references in the adopted WSA; and water demand would be modified for the amended Specific Plan land uses.
Based on our understanding of the project, we have prepared the following scope of work. o Coordinate with City Staff to develop a comprehensive project description, including land use and development standard parameters, etc. The project description will be used as the basis for the amendment of the Specific Plan. o Meetings: For purposes of coordination and review of the project description and amended Specific Plan document, we have assumed a total of 6 meetings with City staff. Internal coordination meetings are also provided for in the budget below. o Community Outreach: In order to assure that the revised Plan reflects the needs of the neighborhood, we would propose a two-tiered approach to outreach:
• Neighborhood Advisory Committee: The first step in the outreach process would be the creation of a 5 to 7 person committee of residents, business owners and/or landowners within the Specific Plan area. It is important that these people be vested in the neighborhood, and willing to become partners with the City to help develop the document and get input from their neighbors. Once formed, we would have a kick-off meeting with the committee to map out the process, and develop a final outreach plan (see below). In addition to actively participating in the outreach meetings, the committee members would also gather 4 times during the Specific Plan update process: once after the community meetings to go over
Item 3C - Page 20
CPSP Amendment Proposal
Revised March 4, 2024
what was discussed during those meetings and how it should shape the plan; twice during the writing of the Specific Plan to review materials and provide input into the draft document; and once upon completion to review the draft document and recommend it to the Planning Commission.
• Community Outreach Meetings: The Community Outreach effort will be guided by an Engagement Plan, to be prepared at the beginning of the Project in coordination with City staff. We recommend that 4 community meetings be held to involve residents, business owners and property owners. The purpose of these workshops would be "listening sessions" to allow the Project team to get a better understanding of the concerns relating to land use, circulation, neighborhood aesthetics, infrastructure, and other topics addressed in the Specific Plan. In addition to the 4 workshops, our team also proposes 3 "pop up" mobile engagement sessions, held on different days at different locations, to capture quick responses from the community and broaden the input from the more formal workshops. All of the pop ups would occur in the neighborhood.
It is important that both the committee meetings and the outreach meetings be held within the Specific Plan area, whether at James 0. Jesse, a local church, or other community facility. The residents should not have to come to City Hall to be heard.
They should be heard in their environment.
o Economic Considerations: A demographic and economic profile will be developed which includes data on disposable income, retail leakage and other factors that can shape the successful redevelopment of the Specific Plan area. Based on the data collection, land use recommendations will be made to best integrate economic potential into the lands available within the area. The analysis and findings will be incorporated into the Specific Plan.
o Amend the Specific Plan text to include changes described above, eliminating the college component and replacing with residential and commercial scenarios described above in Planning Area 1 and other areas of the Plan. For purposes of this proposal, up to 80 hours of staff time is assumed for Specific Plan Amendments. o Amend Specific Plan exhibits as necessary to correctly represent land use changes for Planning Area 1 and other parts of the Plan.
o Provide City staff with a screencheck draft of the Specific Plan for review and comment. Terra Nova will edit the Specific Plan as necessary based on City comments. For purposes of this proposal, two rounds of review and editing are included.
o Terra Nova will contract for and manage the preparation of a traffic analysis to address the changes in the Specific Plan Planning Area 1 and other land use changes, as appropriate. The following scope of work will be undertaken, and summarized in the Supplemental EIR:
• Adjust College Park Specific Plan (CPSP) trip distribution calculations to account for the currently proposed uses.
Item 3C - Page 21
CPSP Amendment Proposal
Revised March 4, 2024
• Compare SPA calculations with the 2010 CPSP traffic analysis trip generation estimates, and review roadway system access conditions for the General Plan build-out analysis scenario.
• For the purposes of this proposal, 16 intersections are assumed to be evaluated, largely due to the need to confirm General Plan buildout. • Prepare a draft of the traffic study scoping assumptions and submit it to the City for review.
• Estimate trip generation and distribution for other cumulative development as well as Specific Plan build out.
• Assess intersection capacity and level of service (LOS) at up to 16 study area intersections for each of the following traffic conditions:
i. Existing Conditions (2024)
ii. Cumulative (General Plan Buildout) with approved CPSP iii. Cumulative (General Plan Buildout) with SPA
• Evaluate access to and through the Specific Plan, based on changes in circulation system, particularly as it relates to Sunrise Parkway, Tramview Road and Indian Canyon, since Sunrise Parkway was considered internal access for the college only in the CPSP. Compare the reduction in trips anticipated with removal of the college, and consider long range implications on the circulation system. For example, constructing the intersection of Sunrise Parkway and Highway 111 would involve engineering challenges related to the grade differential between the two roadways and the accommodation of existing major flood control facilities. The future travel demand identified for Sunrise Parkway at Highway 111 may not be enough to justify the expenditure of limited transportation improvement funds for these transportation improvements. • Perform traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios described.
• Recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described.
• Perform VMT screening analysis for project's location in a low VMT zone. The project is expected to screen out, and preclude further detailed analysis. o Terra Nova will prepare air quality and greenhouse gas analyses for the proposed project, based on the updated traffic analysis. The analysis shall include construction and operation phases of the project. The findings of the analysis will be integrated into the Supplemental EIR.
o Terra Nova will contract for and manage the preparation of a noise impact analysis for the proposed project, with a particular focus on the sensitive receptors proposed on Indian Canyon in Planning Area 1. The analysis will include temporary (construction) noise impacts and long term noise impacts. The findings of the analysis will be integrated into the Supplemental EIR.
o Complete a Water Supply Assessment Update to address the change in water use for Planning Area 1 and update the document to reflect current standards and documentation. Terra Nova will work with City and DWA staff to process the update as described above.
Item 3C - Page 22
Demographic/Economic and Land Use Analysis
Air Quality & GHG Analysis (CalEEMOD)
Traffic Analysis & VMT Screening Leiter
Noise Impact Analysis
Waler Supply Assessment Update
Specific Plan Amendment document drafting
CEQA document drafting
Initial Study /Notice of Preparation
Supplement lo the CPSP EIR
Alternatives Analysis (3)
Response lo Comments (12 hours)
Project Management & City Staff Support
Public Hearing Preparation and Attendance (2 hearings)
Exhibit Preparation
Transmittal of Supplement
(up lo 30 electronic copies, includes UPS costs)
Admin. Support (Doc. Formatting & Transmittals)
Misc. Office: Doc. Printing, Misc. copies, etc.
Total
Schedule
CPSP Amendment Proposal
Revised March 4, 2024
$ 9,600.00
$ 3,200.00
$ 41,100.00
$ 11,200.00
$ 9,600.00
$ 14,400.00
$ 4,800.00
$ 25,875.00
$ 6,100.00
$ 2,340.00
$ 11,750.00
$ 2,925.00
$ 1,950.00
$ 2,000.00
$ 2,500.00
$ 3,500.00
$ 246,890.00
We would anticipate that the Specific Plan draft document can be prepared over a period of 6 to 8 months. During this time, the CEQA process would also be initiated, including relea se of the Notice of Preparation. With the statutory public review period required for the Supplemental EIR, we would expect that the Specific Plan Amendment would be ready for Planning Commission review 10 to 12 months after initiation of project activities .
Conclusion
Based on the assumptions above, and the information we received from you, I believe the scope and budget reflect the level of effort required lo complete the work.
Please let me know if you have any questions or need additional information .
Sincerely,
Nicole Sauviat Criste
Principal
Item 3C - Page 23
CPSP Amendment Proposal
Revised March 4, 2024
o Supplement to the CPSP EIR: Consistent with the requirements of CEQA, prepare a Supplement which conforms with law and addresses those issues where changes are expected due to changes in the project. It is expected that new analysis of aesthetics, air quality, energy , greenhouse gas emissions , land use and planning , noise, transportation, and utilities will be required . The following tasks are involved in the preparation of the Supplemental EIR:
• Complete an Initial Study/NOP to establish the parameters of the Supplement, and distribute same to the City's responsible agencies. • Complete the Supplemental EIR and associated discussions in a format acceptable to the City, and submit screencheck copy to City staff for review and comment. The Supplement shall include discussions of existing conditions, the regulatory framework, and impacts and mitigation measures for the new analysis categories, and a summary of the previous findings for those issue areas where no change is expected .
• One round of City review for the NOP and one round for the Supplement are expected. Terra Nova will edit the document as necessary based on City comments.
• The EIR will be circulated for a 45 day comment period to the City's responsible agencies and interested parties.
• The City will provide any comments received on the Supplement, and Terra Nova will draft responses to those comments , and prepare the Final EIR. Up to 12 hours has been included for this task. Should any additional time be required, it shall be approved by the City in advance of undertaking any additional expense. • Terra Nova will prepare the NOC, NOA and NOD, and post these notices at the County and the State Clearinghouse. The City will be responsible for posting at City Hall and publishing in the Desert Sun. Fees associated with the filing of the NOD are not included in this proposal.
o Terra Nova shall provide assistance to City staff in the preparation of staff reports, as necessary .
o Terra Nova will attend one Planning Commission and one City Council meeting and represent the project at these meetings.
o Terra Nova will provide the City with a final certified copy of the EIR in PDF format, incorporating the certification resolution, the Final EIR and any changes to the Draft EIR into a final document.
Budget
Based on the scope of vvork provided above, we have prepared the following budget.
Budget Category Amount
City and Internal Consultation and Meetings $
Community Outreach Prep. and Facilitation (4 vvorkshops, 6 pop ups) $ Neighborhood Advisory Committee Prep. and Facilitation (4) $ Data Collection, Review of existing document s (SP & EIR) $ 5,850.00
72 ,000 .00
12,000 .00
4,200 .00
Item 3C - Page 24
,.. ,,
CPSP Amendment Proposal
Revised March 4, 2024
~ ..,j TERRA NOVA PLANNING & RESEARCH, INC.®
42635 MELANIE PLACE, SUITE 101
PALM DESERT, CA 92211
STANDARD FEE SCHEDULE
2024
Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate. Reimbursable expenses are charged on a cost basis, except where otherwise indicated.
Terra Nova Staff
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Graphic Design Specialist
Administrative Assistant
REIMBURSABLES
Photo Copies (8.5" X 11" BW)
(8.5" X 11" Color)
(11" X 17" BW)
(11" X 17" Color)
Large Format Plots BW
Color
Telephone Toll Charges
FAX Transmittals
Reproduction, Special photographic services,
document printing, aerial photogrammetry, postage, etc.
Hourly Rate
$ 195.00
$ 160.00
$ 140.00
$ 115.00
$ 65.00
$ 45.00
$0.15ea.
$ 0.30 ea.
$ 0.30 ea.
$ 0.60 ea.
$1.00/S.F.
$ 5.00/SF
Cost
Cost
Cost
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 3C - Page 25
INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant’s performance under this Agreement.
Consultant 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 .
Consultant 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 Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:
A. 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;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. 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:
_____x___ required
_________ is not required;
D. 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 Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Consultant’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 Consultant’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insure r shall waive all rights of subrogation and Item 3C - Page 26
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 Consultant provides claims made profes sional liability insurance, Consultant 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 Consultant’s Services under this 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 Consultant’s Services under this Agreement. Consultant 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. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’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.
Item 3C - Page 27
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 Consultant’s obligation to provide them.
7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or Services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant 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. Consultant 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 3C - Page 28
Item 3C - Page 29
EXHIBIT "C"
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and depatiments 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: (I) cun-ently has a contra9t 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.
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Revised 4.13 .23 Page 24 of 24
ATTACHMENT B
Item 3C - Page 30
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
Item 3C - Page 31
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
_________________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other ____________________________________
Item 3C - Page 32
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
Item 3C - Page 33
i=----
ATTACHMENT C
Item 3C - Page 34
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR FISCAL YEARS 2023 -2024 AND 2024- 2025,
APPROPRIATING A TOTAL OF $ 246,890 FROM THE
CITY’S SPECIAL PROJECT FUND FOR PROFESSIONAL
SERVICES FOR AMENDMENTS TO THE COLLEGE PARK
SPECIFIC PLAN AND ASSOCIATED ENVIRONMENTAL
REVIEW
WHEREAS, Resolution No. 25130 approving the Budget for the Fiscal Years 2023- 2024 and 2024-2025 was adopted on June 29, 2023; and
WHEREAS, the City Council has directed staff to proceed with amendments to the College Park Specific Plan, and has approved an agreement with Terra Nova Planning & Research, Inc., to amend the plan document and perform the necessary environmental review associated with the plan amendments (the “Project”); and
WHEREAS, the Project is anticipated to cost $246,890 and will require funding to proceed; and
WHEREAS, the City Manager has recommended, and the City Council desires to approve, certain amendments to the budget for Fiscal Years 2023-2024 and 2024-2025; and
WHEREAS, it is the City Council’s intent to advance funds from the Special Project Fund 160 to fully fund the Project;
NOW, THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND APPROVES AS FOLLOWS:
SECTION 1.
T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the appropriation of funds in the amount of $246,890 are made available from the City’s Special Project Fund to fully fund amendments to the College Park Specific Plan and associated environmental review.
ADOPTED THIS ___TH DAY OF ________________, _________.
SCOTT C. STILES
CITY MANAGER
Item 3C - Page 35
ATTEST:
BRENDA PREE
CITY CLERK
Item 3C - Page 36
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Brenda Pree, City Clerk
City of Palm Springs, California
Item 3C - Page 37
CITY COUNCIL STAFF REPORT
DATE: MARCH 14, 2024 BUSINESS & LEGISLATIVE
SUBJECT: ADOPT A RESOLUTION APPROVING MAXIMUM RATES THAT TOW
SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE
TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM
SPRINGS POLICE DEPARTMENT
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
The City Council has previously adopted Chapter 11.82 of the Palm Springs Municipal Code in order to ensure that City-initiated towing services are prompt, reasonably priced, and in the best interest of the public, as well as the interest of efficient policing operations for the removal of vehicles within the City.
On June 5, 2019, the City Council adopted Ordinance No. 1991, amending a single provision of Chapter 11.82, Section 11.82.070(b), and authorizing the City Council to set, and amend from time to time, the tow fee schedule. This action will formally update and adopt the schedule of tow fees pursuant to Ordinance 1991. This action also updates the fee charged by the City to owners of vehicles to ensure the City recovers its full cost for administering police tow services. Finally, t his action authorizes amendments to the current tow agreements in place, in order to conform to these changes in charges.
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MAXIMUM RATES THAT
TOW SERVICE PROVIDERS CAN CHARGE, AND AN ASSOCIATED VEHICLE
TOWING ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM SPRINGS POLICE DEPARTMENT.”
2. Approve an Amendment to Agreements A6281 and A6282, for Official Police Tow Service Agreements for As-Needed Vehicle Towing and Storage Services to conform to Resolution No. _____.
3. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Item 3D - Page 1
City Council Staff Report
March 14, 2024 -- Page 2
Adoption of Tow Fee Schedule
Dave’s Towing Service is a Sole Proprietorship which is 100% owned by David E. Bell.
The Business Principal Disclosure form is included as Attachment A.
Mohica Towing, Inc., is a California corporation and its officers are Jesse Mojica and Joel Mojica. Jared Mojica is listed as a shareholder. Mohica Towing, Inc., is 100% owned by Jesse Mojica , Joel Mojica , and Jared Mojica. See Attachment B for additional information.
BACKGROUND:
On April 6, 2006, City Council adopted Ordinance 1686, adding Chapter 11.82 “Police Tow Services Standards” to the Palm Springs Municipal Code. Chapter 11.82 established a contractual process for the provision of nonconsensual vehicle towing services initiated or requested by the Police Department, including the requirement for a competitive selection process, and the establishment of a citywide rotational dispatch. The Ordinance established criteria for the evaluation of qualifications, maximum rates that tow service providers are allowed to charge, and a Vehicle Towing Administrative Cost R ecovery (VTACR) to ensure the City recovers its full cost for administering police tow services.
Nonconsensual tows are those vehicle tows that are requested by the City’s Police Department, for instance, when a vehicle is towed because the owner/operator is arrested, incapacitated, or fails to express a preference for a particular towing company .
The Police Department maintains a tow rotation list, whereby tow service providers are called, in turn, to provide nonconsensual tow services within the City. Tow service providers are selected by the City Council, through a competitive process established in Chapter 11.82. Through a competitive qualifications-based solicitation, the City receives formal proposals from qualified tow service providers to provide rotational tow services, which are evaluated by staff in accordance with the criteria in the formal Request for Proposals (“RFP”). The evaluation committee recommends award of one or more tow service providers, with the City Council award ing an agreement to one or more tow service providers that the City wishes to conduct business with.
California Vehicle Code Section (CVC) 22850.5(a) allows the City Council, by ordinance or resolution, to establish procedures for the release of properly impounded vehicles to the registered owner or the owner’s authorized agent , and to impose a charge equal to the City’s administrative costs relating to the removal, impound, storage, or release of the vehicle to the registered owner or the owner’s authorized agent. Chapter 11.82 relies on this State Vehicle Code and authorizes the City Council to establish a Vehicle Towing Administrative Cost Recovery (VTACR) fee, allowing the City to recover from the owners of impounded or towed vehicles all of the City’s direct and indirect costs associated with the administration of the rotational tow program.
On July 18, 2018, the City Council adopted Resolution No. 24471, approving a fee schedule that set the maximum tow and storage rates official police tow services providers can charge as well as the associated Vehicle Towing Administrative Cost Recovery (VTACR) fee, and approved the City’s RFP to solicit proposals for new t ow Item 3D - Page 2
City Council Staff Report
March 14, 2024 -- Page 3
Adoption of Tow Fee Schedule
service providers. The adopted fee schedule included rates slightly higher than the prior fee schedule that was effective with the older tow service contracts.
In response to the City’s RFP, the City’s three incumbent tow service providers submitted proposals to continue providing tow services to the community. On December 19, 2018, City Council a dopted R esolution No. 24536 approving an Official Police Tow Service Agreement with those three firms: A&A Towing and Recovery, Inc. (A6280); Dave’s Towing Service (A6281); and Mohica Towing, Inc. (A6282) (collectively, the “Police Tow Services Agreements”). These three firms were previously awarded tow service contracts by the City in 2006 and 2012. Effective February 15, 2024, A&A Towing and Recovery, Inc. resigned as a police tow service provider.
STAFF ANALYSIS:
Vehicle Towing Administrative Cost Recovery (VTACR) Fee
In accordance with Chapter 11.82 and CVC section 22850.5(a), the V ehicle Towing Administrative Cost Recovery Fee is based on the actual and reasonable costs incurred by the City, including administration and overhead, from operating the rotational tow program by the Police Department. Under State law, the VTACR fee may be waived by the City upon verifiable proof that the vehicle was reported stolen at the time the vehicle was removed.
Staff has evaluated its historic labor and material costs associated with administering the rotational tow program and has determined that the current costs are equivalent to $235 per tow (the VTACR fee) as calculated and shown in Table 1 below. After a thorough review, the Department has determined an average of 1,631 tows have been generated annually over the past three calendar years. It is estimated that 10% of these vehicles, as recovered stolen vehicles or vehicles towed from City -sanctioned special events, would be excluded from VTACR f ee application. Therefore, the Department has established that annually, an average of 1,468 vehicles are subject to the VTACR fee.
The total annual cost associated with administering the rotational tow program is $345,016.16, itemized as “Total Administrative Costs” in Table 1. The se administrative costs are reimbursed through the VTACR f ee, which is equal to the total annual administrative costs divided by the estimated total of 1,468 vehicles towed annually, or $235 per tow. This cost is consistent with the administrative costs adopted by City Council resolution on March 19, 2020, which amounted to $235 per tow.
To reflect actual costs and ensure that changing economic conditions do not impair the real value of the fees and charges , Palm Springs Municipal Code section 11.82.100 provides that the Chief of Police will annually adjust the Vehicle Towing Administrative Cost Recovery fee by the same percentage increase or decrease in the Consumer Price Index for all urban consumers (CPI-U). The CPI-U adjustment this year is 4.7%. Applying the CPI-U adjustment would increase the cost recovery fee from $235 to $246. While the Vehicle Towing Administrative Cost Recovery fee is subject to CPI, staff recommends Council defer the CPI increase si nce, according to the data available to the City, t he Item 3D - Page 3
City Council Staff Report
March 14, 2024 -- Page 4
Adoption of Tow Fee Schedule
current Vehicle Towing Administrative Cost Recovery fee of $235 is reflective of the City’s actual and reasonable administrative costs.
Police Department Salary Details
Position / Title Hourly Rate Hours Cost Per Tow
Officer $ 128.55 1.00 $ 128.55
Police Dispatch $ 68.28 0.50 $ 34.14 Police Captain $ 199.40 0.10 $ 19.94 Records Technician $ 73.56 0.25 $ 18.39 Police Sergeant $ 152.14 0.10 $ 15.21 Crime Analyst $ 79.01 0.10 $ 7.90 Police Department Personnel $ 329,022.84
Program Administration Total Annual Cost
Police Department Personnel $ 329,022.84 Procurement & Administration $ 3,097.89 Professional Services - Legal $ 8,000.00 Building Maintenance $ 217.00 Materials $ 4,678.43
Total Administrative Costs $ 345,016.16 VTACR Fee $ 235.02
Table 1
Tow Fee Schedule
The Police Department relies on timely, reliable responses from official police tow service providers to clear the roadway of damaged vehicles and debris, remove abandoned vehicles, recover stolen vehicles, and help ensure roadway safety. Official police tow service providers , dispatched on a rotational basis, remove and store vehicles the Department impounds or holds for investigation, examination, or evidence.
Chapter 11.82 intends, in part, to ensure that towing services are prompt, reasonabl y priced, and in the best interest of the public as well as the interest of efficient policing operations for the removal of vehicles from public streets. It is established that a rotational towing program assures that an official police tow service provider receives ample income to adequately maintain equipment, personnel, and service level to the public. In accordance with Chapter 11.82, the City Council shall set, and may amend from time to time, the tow fee schedule. The existing tow fees were originally adopted in July 2018 and last updated on March 19, 2020, by Resolution 24733.
Staff recommends that towing and storage fees be set by considering the best interests of all affected stakeholders – the vehicle owners/operators, the tow companies, and the City itself. Staff has obtained comparable fees from other local municipalities and Item 3D - Page 4
City Council Staff Report
March 14, 2024 -- Page 5
Adoption of Tow Fee Schedule
recommends the adoption of the updated rates shown below in Table 2. It is also recommended that several tow services charges not previously included in the fee schedule, including after -hours release fees and fees for secondary tows, be incorporated. The proposed tow fees are at or near the average rate for other local police tow services, rounded to $5 increments. This proposed increase to the authorized towing fees aligns more equitably with other Coachella Valley police towing contracts . This adjustment also reflects an increase in materials, supplies, equipment, and personnel costs incurred by tow service operators since the existing tow fees were established in 2018.
Table 2 includes current tow service agreement fee schedules for comparable local municipal law enforcement agencies.
TOWING SERVICES
CHARGES
CURRENT
RATES
PROPOSED
RATES
CATHEDRAL
CITY
DESERT HOT
SPRINGS INDIO Average
CLASS A TOW TRUCK $168 $230* $245 $200 $240 $228
CLASS B TOW TRUCK $200 $285* $300 $250 $300 $283
CLASS C & D TOW
TRUCK $225 $385* $400 $350 $400 $383
STORAGE FEES (DAILY)
MOTORCYCLES $40 $80 $100 $40 $90 $77
PASSENGER CARS $56 $90 $100 $75 $90 $88
TRUCKS | TRAILERS
20' OR LESS $65 $85 $80 $80 $90 $83
TRUCKS | TRAILERS |
VEHICLES 20' TO 30'
$75 $95 $80 $100 $100 $93
TRUCKS | TRAILERS |
VEHICLES 30' ABOVE
$75 $100 $90 $100 $120 $103
VEHICLE TOWING
ADMINISTRATIVE
COST RECOVERY
$235 $235 $148.35 $226.71 $265 $213.35
AFTER HOURS
RELEASE / GATE FEE $100** $90 $100 $120 $103
SECONDARY /
SUBSEQUENT TOW
½
ESTABLISHED
TOW RATE**
Table 2
* Proposed as Hourly Rates
** Newly established to Fee Schedule
The majority of tows completed by official police tow service providers in Palm Springs are completed in one hour or less. There are situations, such as towing requiring extensive cleanup, overturned vehicles, offroad recovery, or out of area responses, that extend towing time beyond one hour. While not common, tows that occur under these or Item 3D - Page 5
City Council Staff Report
March 14, 2024 -- Page 6
Adoption of Tow Fee Schedule
similar circumstances often require a significant investment of personnel, equipment and resources on the part of a tow service provider. The City currently has in place a flat rate, authorizing the tow service providers to charge a per tow rate, regardless of time, distance or personnel dedicated to the tow. Staff proposes the adoption of an hourly rate, which is industry standard and currently authorized for tow service providers used by all other Coachella Valley law enforcement agencies and the California Highway Patrol. Staff proposes the total towing time be calculated beginning at the time the tow service provider arrives on scene and ending at the time of return to the storage yard or other location designated by the Police Department, or completion of the call, if another call is pending, whichever is shorter. For towing requiring a response out of the jurisdiction, total towing time shall be calculated beginning at the time the tow service provider is dispatched and ending at the time of return to the storage yard or other location designated by the Police Department. For tows exceeding one hour, rates shall be charged in 15- minute increments, as outlined in Table 3. The Department is equipped to conduct audits to ensure that hourly rates are being charged in accordance with the proposed amendment.
HOURLY TOW RATES (CLASS A TOW TRUCK)
TIME TO TOW COMPLETION RATE
UP TO ONE HOUR FROM ARRIVAL ON SCENE $230.00
61 MINUTES – 75 MINUTES $287.50
76 MINUTES – 90 MINUTES $345.00
91 MINUTES – 105 MINUTES $402.50
106 MINUTES – 2 HOURS $460.00
Table 3
Official police tow services providers are contractually obligated to maintain business hours from 8:00 AM – 5:00 PM, Monday through Friday, except designated holidays.
Contractually, a provider may make an additional charge for after-normal-business-hours release of vehicles consistent with guidelines or provisions of a City Council resolution established fees and charges for tow services. Staff recommends that a flat rate of $100 for after-hours releases, consistent with the average of other local municipal police tow service contacts, be established by City Council as part of the established tow fee schedule.
There are occasions where a vehicle towed by the Department needs to be towed a second time as part of an investigation. This generally occurs when the vehicle is towed first to the Department or to a secure evidence storage lot. A second or subsequent tow may then be required to transport the vehicle to the tow operators’ yard or other secure storage facility. Staff proposes that, in instances where a second or subsequent tow related to the same initial call for service is required, a flat towing rate of one half the established tow fee be applied. These tows can be scheduled at a mutually convenient time for both the Department and the tow service provider. A flat, reduced rate fee for a secondary tow that can be scheduled with the tow service provider during their business hours is in the best interest of all affected stakeholders, including the vehicle owners/operators, the tow companies, and the City itself. Finally, staff recommends that Item 3D - Page 6
City Council Staff Report
March 14, 2024 -- Page 7
Adoption of Tow Fee Schedule
any hourly tow rate would not be applied to vehicles towed from Villagefest or other City- sponsored special event.
Tow Agreements
An amendment is required to update the authorized tow service rates and ratify the Vehicle Towing Administrative Cost Recovery fee in the Police Tow Service Agreements.
Official police tow services providers, pursuant to the terms of their agreements, will be required to comply with the maximum rates chargeable. I n order to conform the existing Police Tow Services Agreements to the ratified Vehicle Towing Administrative Cost Recovery fee and changes in the tow/storage fee authority, staff is recommending t hat the City Council direct and authorize staff to enter into amendments to those Agreements with the two existing tow operators. Should one or more tow operator(s) choose not to enter into such an amendment, City staff requests authority from the City Council to terminate such Tow Agreement.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION :
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 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:
This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services/facilities and focusing on issues that most impact quality of life.
FISCAL IMPACT
:
Adoption of the Resolution establishing the VTACR Fee of $235 will ensure that the City expenses associated with administering the rotational tow program are recovered through applicable fees paid by owners of vehicles impounded or towed at the direction of the City’s Police Department.
Adoption of the proposed towing services charges ensures tow service providers are able to charge fair and equitable costs consistent with other Coachella Valley municipalities and in accordance with industry standards.
Item 3D - Page 7
City Council Staff Report
March 14, 2024 -- Page 8
Adoption of Tow Fee Schedule
REVIEWED BY:
Department Director: Andrew G. Mills
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A) Business Disclosure Form
B) Business Disclosure Form
C) Resolution
D) Amendments
Item 3D - Page 8
ATTACHMENT A
Item 3D - Page 9
Item 3D - Page 10
1. 2. 3. 4. 5.
Name
of
Entity
PUBLIC
INTEGRI
TY
DISCLOSUR
E
APPLICANT
DIS
CLOSURE
FORM
DAVE'S
TOWING
SERVIC
E
Address
of
Entity
(Prlnclple
Place
of
Business)
370
West
San
Rafael
Drive
, Uni
t 9
Palm
Springs,
CA
92262
Local
or
California
Address
(If
different
than
#2)
State
where
Entity
is
Reg
istered
with
Secretary
of
State
California
If
other
than
Calif
ornia
is
the
Entit
y also
re
aistered
in
California?
n
Yes
n
No
Type
of
Entity
D
Corporation
D
Limited
Liability
Company
D
Partnership
D
Trust
✓
Other
(please
specify)
6. Officers
,
Directors,
Members,
M
anagers,
Trustees,
Other
Fiduciaries
(please
specify)
Note
:
ff
any
response
Is
not
a
natur
al person
,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member
, manager
, trust
or
other
entity
David
Edw
in
Bell
O
Officer
D
Director
D
Member
O
Manager
[name]
O
General
Partner
D
Limited
Partner
@'
Other
Own
er/Sole
Proprietor
Dennis
Ray
Trosper
II
D
Officer
O
Director
D
Member
~Manager
(Revised
0913
18)
[name]
D
General
Partner
D
Limited
Partner
Other
O
Officer
D
Director
D
Member
D
Manager
(nameJ
O
Gener
.al
Partner
D
Limited
Partner
Other
CITY
OF
PALM
SPRINGS
-
PUBLIC
INTEGRITY
DISCLOSURE
APPLICANT
DISCLOSURE
FORM
Page
1 of
2 Item 3D - Page 11
7. Owners/Investors with a 5% beneficial interest in the ADolicant Entity or a related entity
EXAMPLE
JANEDOE 50"/4, ABC COMPANY, Inc.
[name of owner/Investor] [percentage of beneficial interest in entity A.
and name of entity}
David Edwin Bell 100%, Dave's Towing Service
[name of owner/Investor] [percentage of beneficial interest in • entity
B.
and name of entity)
(name of owner/Investor] [~rcentage of beneficial interest In entity
C.
and name of entitv]I
[name of owner/Investor] [percentage of beneficial interest in 8Jltity
and name of entitvl
D.
(name of owner/investor] [percentage of beneficial interest in entity .
E.
and name of entity)
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
ture of Disclosing Party, Printe~ Name, Title Date
~ February 15, 2024
Ann Trosper II, Office Manager
(Revised oq 13 18\
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
ATTACHMENT B
Item 3D - Page 12
Item 3D - Page 13
PUBLIC INTl:GRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. 3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State es No
5. Type of Entity
¥°orporation 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 __ :$__,__7~- .... ~-='---ro..__ _ _:0:::..-()-..:.l _~c::=...;;._ ____ ~fficer Director Member Manager [name] r
[name]
D General Partner D Limited Partner
D Other ____________ _
Efficer D Director D Member D Manager
D General Partne r D Limited Partner
D Other ____________ _
__ ·G..,._. ..... Q...,· ..... £,_£_.._.....,O._..·..,___r(\.......,__'() __ \ c-.L'\=C_ .. l<..,_,-"'----- D Officer D Director D Member D Manager [name] ._ _ _j
{Revised 09 13 18)
D General Partner D Limited Partner
Wther 6¼toc hdd«
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv or a related entity
EXAMPLE
JANEOOE
[name of owner/investor]
A.
-:'$'.et,,; e, ffi?,;) \CA.,
[name of owner/intor]
B.
...
::J�ofo�i��:�
C.
--<
jrureJ (Y\ \) s c,a_,
[name of owner/investor]
D.
[name of owner/investor]
E.
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
5�
0 /0 �htc.t1bVI�
[percentage of beneficial interest in
entity
and name of entitvl
3D "'/o Mu¼,eu lo\\J1NJ1
[percentage of beneficial interest in J
entity
and name of entity]
[percen�g�=��n���1 �
I
�
entity
and name of entityl
[percentage of beneficial interest in
entity
and name of entitvl
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13 18)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 3D - Page 14
. ---- - -
ATTACHMENT C
Item 3D - Page 15
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CAL IFORNIA, APPROVING MAXIMUM
RATES THAT TOW SERVICE PROVIDERS CAN CHARGE,
AND A N ASSOCIATED VEHICLE TOWING
ADMINISTRATIVE COST RECOVERY FEE FOR THE PALM
SPRINGS POLICE DEPARTMENT
WHEREAS, the City of Palm Springs Police Department (“Police Department”) impounds and tows numerous and various vehicles removed from highways, public property, or private property in the city of Palm Springs during the normal course of duty; and
WHEREAS, the Police Department tows and/or impounds vehicles pursuant to authority under the California Vehicle Code; and
WHEREAS, the City of Palm Springs Municipal Code section 11.82.100 establishes a Vehicle Towing Administrative Cost Recovery (VT ACR) fee, as authorized by California Vehicle Code section 22850.5, that each tow company entering into an agreement with the City of Palm Springs charges and passes through to owners or agents of towed vehicles; and
WHEREAS, the VTACR fee is based on the actual and reasonable costs to the City, including administration and overhead, for administering the removal, impound, storage, or release of the vehicles; and
WHEREAS, on July 18, 2018, the City Council adopted Resolution No. 24471 approving a fee schedule that set the maximum tow and storage rates official police tow services providers can charge, and the associated VTACR fee for the Palm Springs Police Department; and
WHEREAS, on June 5, 2019, the City Council adopted Ordinance No. 1991 amending City of Palm Springs Municipal Code section 11.82.070(b) to authorize the City Council to set, and amend from time to time, the maximum tow rates as the City Council determines in the best interests of the City; and
WHEREAS, on March 19, 2020, the City Council adopted Resolution 24733, in accordance with Section 11.82.070(b) and CVC 22850.5, updating the maximum authorized tow charges and the VTACR; and
WHEREAS, the City of Palm Springs Municipal Code section 11.82.100(b), in addition to maximum tow rates, authorizes the City Council, by resolution, to modify the amount of the VTACR fee; and
Item 3D - Page 16
Resolution No.
WHEREAS, the City Council now desires to take subsequent action to the March 19, 2020 Resolution (No. 24733), and consistent with Ordinance No. 1991, adopt maximum tow and storage rates and a VTACR fee to ensure that the fees are reflective of the City’s current actual and reasonable administrative costs, are reasonably priced, and are in the best interests of the public, as well as in the interest of efficient policing operations for the removal of vehicles from public streets.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT:
SECTION 1. Incorporation of Recitals
. The above recitals are true and correct and are
hereby incorporated herein by this reference as material findings in support of this Resolution.
SECTION 2. Findings
.
a. That City staff has completed an analysis of costs incurred from administering the official police tow services providers' agre ements and operating the vehicle towing program.
b. There is a reasonable relationship between the ratified charges in the fee schedule and the estimated actual and reasonable cost of providing the type of service for which a fee is imposed.
c. The fees in the fee schedule do not exceed the estimated actual and reasonable costs of providing the service for which a fee is charged.
SECTION 3: VTACR Fee
.
a. The City Council hereby adopts the VTACR fee of $235.00, which is based on the total actual and reasonable administrative costs to the Police Department ( the “Administrative Cost”), as calculated in Exhibit A
to be presently at $ 345,016.16
per year.
b. The City Council hereby reaffirms that the VTACR fee is to be charged and passed through to the registered owner or the agent of the registered owner of such vehicle. The VTACR fee is to be collected by official police tow services providers and remitted to the City of Palm Springs.
SECTION 4. Tow and Storage Charges
.
a. The City Council hereby adopts the maximum tow and storage rates as shown in Exhibit B
(the “Fee Schedule”). In accordance with the Fee Schedule, official police tow services providers may charge up to the maximum rate, according to vehicle type. Hourly tow rates shall not be applied to vehicles towed from Villagefest or other City-sponsored special event.
Item 3D - Page 17
Resolution No.
b. On July 1, of each year, the Chief of Police may review the maximum tow and storage rates and determine if an adjustment upward or downward is warranted to reflect cost-of-live changes and to ensure that changing economic conditions do not impair the real value of the fees and charges established herein.
SECTION 5. Severability
. Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to be invalid, the remaining provisions shall be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid.
SECTION6 6 . Effective Date
. The fees shall be effective upon 30 days after this
Resolution’s adoption, which amends the VTACR fee and maximum tow and storage rates established by Resolution No. 24773, and consequently all operative police tow service agreements pursuant to section 4.5. of those agreements . Th e City Clerk is authorized to incorporate said fees and charges into the Comprehensive Fee Schedule upon their effective date.
ADOPTED THIS 14
th DAY OF MARCH 2024.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
Item 3D - Page 18
Resolution No.
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 February 29, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 3D - Page 19
Exhibit A
Administra�ve Cost
Police Department Salary Details
Position / Title Hourly Rate Hours Cost Per Tow
Officer $ 128.55 1.00 $ 128.55
Police Dispatch $ 68.28 0.50 $ 34.14 Police Captain $ 199.40 0.10 $ 19.94 Records Technician $ 73.56 0.25 $ 18.39 Police Sergeant $ 152.14 0.10 $ 15.21 Crime Analyst $ 79.01 0.10 $ 7.90 Police Department Personnel $ 329,022.84
Program Administration Total Annual Cost
Police Department Personnel $ 329,022.84 Procurement & Administration $ 3,097.89 Professional Services - Legal $ 8,000.00 Building Maintenance $ 217.00 Materials $ 4,678.43
Total Administrative Costs $ 345,016.16 VTACR Fee $ 235.02
Item 3D - Page 20
Exhibit B
Fee Schedule
TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*
CLASS C & D TOW TRUCK $385*
STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $85
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235
OTHER RELATED FEES ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW
½
ESTABLISHED
TOW RATE
*Hourly rates
Item 3D - Page 21
ATTACHMENT D
Item 3D - Page 22
AMENDMENT NO. 2 TO THE CITY OF PALM SPRINGS
OFFICIAL POLICE TOW SERVICE AGREEMENT
THIS AMENDMENT NO. 2 TO THE CITY OF PALM SPRINGS OFFICIAL POLICE TOW SERVICE AGREEMENT, (“Amendment No. 2”) is made and entered into on this _____ day of _____________, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Dave’s Towing Service , a California Corporation, (hereinafter referred to as “ Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City’s Police Department requires the aid and assistance of towing services on a regular basis in the performance of its emergency response and traffic control duties, including response to and the investigation of vehicular accidents.
B. As a means for providing the necessary towing service, City has approved the use of certain towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the City’s Police Department, as set forth in the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (SOQ 07- 19) for Towing and Storage of Vehicles as requested by the Department.
C. Official police tow services provider means a towing company selected by the Department to be used on-call and on a rotational basis for any police emergency or response situation where the use of a tow truck is required.
D. In order for the Contractor to perform as a towing services company for City, the towing service company must enter into a contractual agreement with City and must be designated by City as a towing services company.
E. Contractor owns or leases tow trucks and employs personnel that are capable of providing the desired vehicle towing and storage services to City.
F. On July 18, 2018, the City Council adopted Resolution No. 24471, approving a fee schedule that set the maximum tow and storage rates official police tow services providers can charge, as well as an associated Vehicle Towing Administrative Cost Recovery Fee (“VTACR Fee”).
G. On December 19, 2018, City Council adopted Resolution No. 24536, approving the City of Palm Springs Official Police Tow Service Agreement with the Contractor ( the “Agreement”), for purposes of providing police towing and vehicle impound and storage services for City.
Item 3D - Page 23
H. Section 4.1 of the Agreement requires Contractor to pay City a VTACR fee, “in an amount established by the City Council and/or the Chief of Police . . . , as it may be amended from time to time.”
I. Section 4.5 of the Agreement provides that, pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council must establish a fee schedule to be provided under the Agreement “not to exceed those charges adopted by City Council July 18, 2018, or by subsequent action of the City Council.”
J. O n June 5, 2019, the City Council adopted Ordinance No. 1991 amending City of Palm Springs Municipal Code section 11.82.070(b) to authorize the City Council to set, and amend from time to time, the maximum tow rates without regard to the Indio Bureau of the California Highway Patrol average tow rates.
K. In accordance with Resolution No. ________, adopted by City Council on March 14, 2024, approving maximum rates that tow service providers can charge and an associated VTACR Fee, the City desires to amend the Agreement to incorporate the maximum tow rates and associated VTACR Fee, as provided for in the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1.
The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No.
2. SECTION 2.
The definition of the term “Hourly rate” is hereby added to Section 1.0 of the Agreement to read as follows:
“Hourly rate” means the measure of tim e for which a Contractor may charge a vehicle owner/operator to perform a specific tow service request by the City of Palm Springs Police Department.
SECTION 3
. Section 4.1 of the Agreement is hereby amended as follows and a revised Tow Fee Schedule added:
4.1 In accordance with Section 11.82.090 and 11.82.100 of the Palm Springs Municipal Code, on or before the Effective Date of this Agreement, and on or before each annual anniversary of the Effective Date, Contractor shall pay City a vehicle towing administrative cost recovery fee for the City ’s administering this Agreement and operating a vehicle towing program (“VTACR fee”), in an amount established by the City Council and/or the Chief of Police pursuant to Palm Springs Municipal Code Section 11.82.100, as it may be amended from time to time. The total annual costs associated with administering the rotational tow program as stated in Resolution No. , adopted by City Council on February 29, 2024, is $345,016.16. These administrative costs shall be recovered by the VTACR Fee of $235 per tow, which is equal to the total annual administrative Item 3D - Page 24
costs divided by the 1,468 vehicles estimated to be towed annually. Furthermore, the Tow Fee Schedule is adopted as follows:
TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*
CLASS C & D TOW TRUCK $385*
STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $85
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235
OTHER RELATED FEES ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW
½
ESTABLISHED
TOW RATE
*Hourly rates
Hourly rates shall not be applied to vehicles towed from Villagefest or any other City - sponsored special event. Contractor shall pay and remit to the City of Palm Springs the $235 VTACR Fee even under circumstances where vehicle owner/ Contractor, pursuant to Civil Code section 3068.2, are subject to lien dependent on possession procedures or what is sometimes referred to as the CA Amnesty Program. T he VTACR Fee may only be waived by City for abandoned vehicles, where neither the Contractor or the City charge or receive payment for any fees, and the Contractor avails itself to the abandoned vehicle program as more fully set forth in Section 2.3.4 of this Agreement.
SECTION 3
. Section 4.5 of the Agreement is hereby amended as follows:
4.5 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council of the City shall establish the fee schedule for services to be provided under this Agreement.
All charges for towing, impound, storage, and other services required to be performed by Contractor under the terms and conditions of this Agreement shall not exceed those charges adopted by City Council July 18, 2018
March 14, 2024, or by subsequent action
of the City Council.
SECTION 4. Subsections 4.6.1, 4.6.2, 4.6.3, and 4.6.4, of Section 4.6 shall be added as follows:
4.6.1 Hourly towing rates shall be calculated beginning at the time the tow service provider arrives on scene and end at the time of return to the storage yard or other Item 3D - Page 25
location designated by the Police Department, or completion of the call, if another call is pending, whichever is shorter.
4.6.2 For towing requiring a response out of the jurisdiction, total towing time shall be calculated beginning at the time the tow service provider is dispatched and ends at the time of return to the storage yard or other location designated by the Police Department.
4.6.3 The time expended for towing a vehicle back to the operator’s storage yard shall be charged at the appropriate rate shown in the Tow Fee Schedule of Section 4.1 on an hourly basis.
4.6.4 For tows exceeding one hour, rates shall be charged to the vehicle owner/operator in fifteen (15) minute increments.
4.6.5 Contractor shall keep accurate and detailed records of tow calls, in order for the City to accurately audit the hourly rates charged by the Contractor. Such records shall, at a minimum, include, as applicable, the time the Contractor is dispatched, the time the Contractor arrives on scene, the time of return to the storage yard or other location designated by the Police Department, and the time of completion of the call. Contractor shall retain such records for a period of three (3) years following the termination or expiration of this Agreement.
SECTION 4
. Full Force and Effect. All terms, conditions, and provisions of the Agreement, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Agreement, the provisions of this Amendment No. 2 shall in all respects govern and control.
SECTION 6. Corporate Authority.
The person(s) executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Item 3D - Page 26
IN WITNESS WHEREOF, the City and the C ontractor have caused this Amendment No. 2 to be executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By __________________________ By _____________________________ Brenda Pree Scott C. Stiles
City Clerk City Manager
Date: ________________________ Date: ___________________________
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By___________________________ Date: _______ Agreement No. _______ Jeff Ballinger
City Attorney
Date: ________________________
CONTRACTOR
Name:
Address:
By:______________________________
Signature (notarized)
By:_______________________________
Signature (notarized)
Name:___________________________ Name:____________________________ Title:_____________________________ Title:______________________________
Item 3D - Page 27
AMENDMENT NO. 2 TO THE CITY OF PALM SPRINGS
OFFICIAL POLICE TOW SERVICE AGREEMENT
THIS AMENDMENT N O. 2 TO THE CITY OF PALM SPRINGS OFFICIAL POLICE TOW SERVICE AGREEMENT, (“Amendment No. 2”) is made and entered into on this _____ day of _____________, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Mohica Towing Inc., a California Corporation, (hereinafter referred to as “ Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City’s Police Department requires the aid and assistance of towing services on a regular basis in the performance of its emergency response and traffic control duties, including response to and the investigation of vehicular accidents.
B. As a means for providing the necessary towing service, City has approved the use of certain towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the City’s Police Department, as set forth in the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (SOQ 07- 19) for Towing and Storage of Vehicles as requested by the Department.
C. Official police tow services provider means a towing company selected by the Department to be used on-call and on a rotational basis for any police emergency or response situation where the use of a tow truck is required.
D. In order for the Contractor to perform as a towing services company for City, the towing service company must enter into a contractual agreement with City and must be designated by City as a towing services company.
E. Contractor owns or leases tow trucks and employs personnel that are capable of providing the desired vehicle towing and storage services to City.
F. On July 18, 2018, the City Council adopted Resolution No. 24471, approving a fee schedule that set the maximum tow and storage rates official police tow services providers can charge, as well as an associated Vehicle Towing Administrative Cost Recovery Fee (“VTACR Fee”).
G. On December 19, 2018, City Council adopted Resolution No. 24536, approving the City of Palm Springs Official Police Tow Service Agreement with the Contractor ( the “Agreement”), for purposes of providing police towing and vehicle impound and storage services for City.
Item 3D - Page 28
H. Section 4.1 of the Agreement requires Contractor to pay City a VTACR fee, “in an amount established by the City Council and/or the Chief of Police . . . , as it may be amended from time to time.”
I. Section 4.5 of the Agreement provides that, pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council must establish a fee schedule to be provided under the Agreement “not to exceed those charges adopted by City Council July 18, 2018, or by subsequent action of the City Council.”
J. O n June 5, 2019, the City Council adopted Ordinance No. 1991 amending City of Palm Springs Municipal Code section 11.82.070(b) to authorize the City Council to set, and amend from time to time, the maximum tow rates without regard to the Indio Bureau of the California Highway Patrol average tow rates.
K. In accordance with Resolution No. ________, adopted by City Council on March 14, 2024, approving maximum rates that tow service providers can charge and an associated VTACR Fee, the City desires to amend the Agreement to incorporate the maximum tow rates and associated VTACR Fee, as provided for in the Agreement.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1.
The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No.
2. SECTION 2.
The definition of the term “Hourly rate” is hereby added to Section 1.0 of the Agreement to read as follows:
“Hourly rate” means the measure of tim e for which a Contractor may charge a vehicle owner/operator to perform a specific tow service request by the City of Palm Springs Police Department.
SECTION 3
. Section 4.1 of the Agreement is hereby amended as follows and a revised Tow Fee Schedule added:
4.1 In accordance with Section 11.82.090 and 11.82.100 of the Palm Springs Municipal Code, on or before the Effective Date of this Agreement, and on or before each annual anniversary of the Effective Date, Contractor shall pay City a vehicle towing administrative cost recovery fee for the City ’s administering this Agreement and operating a vehicle towing program (“VTACR fee”), in an amount established by the City Council and/or the Chief of Police pursuant to Palm Springs Municipal Code Section 11.82.100, as it may be amended from time to time. The total annual costs associated with administering the rotational tow program as stated in Resolution No. , adopted by City Council on February 29, 2024, is $345,016.16. These administrative costs shall be recovered by the VTACR Fee of $235 per tow, which is equal to the total annual administrative Item 3D - Page 29
costs divided by the 1,468 vehicles estimated to be towed annually. Furthermore, the Tow Fee Schedule is adopted as follows:
TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*
CLASS C & D TOW TRUCK $385*
STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $85
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235
OTHER RELATED FEES ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW
½
ESTABLISHED
TOW RATE
*Hourly rates
Hourly rates shall not be applied to vehicles towed from Villagefest or any other City - sponsored special event. Contractor shall pay and remit to the City of Palm Springs the $235 VTACR Fee even under circumstances where vehicle owner/ Contractor, pursuant to Civil Code section 3068.2, are subject to lien dependent on possession procedures or what is sometimes referred to as the CA Amnesty Program. T he VTACR Fee may only be waived by City for abandoned vehicles, where neither the Contractor or the City charge or receive payment for any fees, and the Contractor avails itself to the abandoned vehicle program as more fully set forth in Section 2.3.4 of this Agreement.
SECTION 3
. Section 4.5 of the Agreement is hereby amended as follows:
4.5 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council of the City shall establish the fee schedule for services to be provided under this Agreement.
All charges for towing, impound, storage, and other services required to be performed by Contractor under the terms and conditions of this Agreement shall not exceed those charges adopted by City Council July 18, 2018
March 14, 2024, or by subsequent action
of the City Council.
SECTION 4. Subsections 4.6.1, 4.6.2, 4.6.3, and 4.6.4, of Section 4.6 shall be added as follows:
4.6.1 Hourly towing rates shall be calculated beginning at the time the tow service provider arrives on scene and end at the time of return to the storage yard or other Item 3D - Page 30
location designated by the Police Department, or completion of the call, if another call is pending, whichever is shorter.
4.6.2 For towing requiring a response out of the jurisdiction, total towing time shall be calculated beginning at the time the tow service provider is dispatched and ends at the time of return to the storage yard or other location designated by the Police Department.
4.6.3 The time expended for towing a vehicle back to the operator’s storage yard shall be charged at the appropriate rate shown in the Tow Fee Schedule of Section 4.1 on an hourly basis.
4.6.4 For tows exceeding one hour, rates shall be charged to the vehicle owner/operator in fifteen (15) minute increments.
4.6.5 Contractor shall keep accurate and detailed records of tow calls, in order for the City to accurately audit the hourly rates charged by the Contractor. Such records shall, at a minimum, include, as applicable, the time the Contractor is dispatched, the time the Contractor arrives on scene, the time of return to the storage yard or other location designated by the Police Department, and the time of completion of the call. Contractor shall retain such records for a period of three (3) years following the termination or expiration of this Agreement.
SECTION 4
. Full Force and Effect. All terms, conditions, and provisions of the Agreement, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any provisions of the Agreement, the provisions of this Amendment No. 2 shall in all respects govern and control.
SECTION 6. Corporate Authority.
The person(s) executing this Amendment No. 2 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said Party is bound does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
(SIGNATURES ON FOLLOWING PAGE)
Item 3D - Page 31
IN WITNESS WHEREOF, the City and the C ontractor have caused this Amendment No. 2 to be executed the day and year first above written.
ATTEST: CONTENTS APPROVED:
CITY OF PALM SPRINGS, CA
By __________________________ By _____________________________ Brenda Pree Scott C. Stiles
City Clerk City Manager
Date: ________________________ Date: ___________________________
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:
By___________________________ Date: _______ Agreement No. _______ Jeff Ballinger
City Attorney
Date: ________________________
CONTRACTOR
Name:
Address:
By:______________________________
Signature (notarized)
By:_______________________________
Signature (notarized)
Name:___________________________ Name:____________________________ Title:_____________________________ Title:______________________________
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