Agenda packet — Palm Springs City Council, July 9, 2024 (part 2 of 5)

SECTION 2. All California Fan Palms (Washingtonia filifera) and Mexican Fan Palms (Washingtonia robusta) located within the public right-of-way, shall have the fruit pods removed.

SECTION 3. California Fan Palms (Washingtonia filiferas) located within the Downtown Park shall not have fronds removed and shall retain their “skirts”, and their trunks shall not be skinned, and remain in their natural condition. Fronds shall be sheared to provide 12’ minimum clearance and fronds at the skirt bottom shall be sheared to maintain a clean look.

SECTION 4. All other California Fan Palms (Washingtonia filifera) and all Mexican Fan Palms (Washingtonia robusta) located within the public right-of-way, shall have their dry fronds removed and their trunks shall be skinned.

SECTION 5. Any previous resolutions and/or minute orders adopting or amending a palm tree trimming policy are hereby superseded.

SECTION 6. This Policy is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15304, Minor Alterations to Land (“Class 4”). The Class 4 exemption allows minor public alterations in the condition of land, which do not involve removal of healthy, mature, scenic trees. Here, the Policy permits minor alterations to specific palm trees, limited to fruit pod removal, trunk skinning, and/or shearing, in certain public areas for the safety of the City’s residents. The Policy does not permit tree removal of any sort. Further, the Policy is not subject to any exception to the Class 4 exemption, as set forth in State CEQA Guidelines Section 15300.2.

ADOPTED THIS 9th DAY OF JULY, 2024.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 1E - Page 8
Resolution No. _____

Page 3 ends

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 July , 2024, 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 July, 2024.

BRENDA PREE

CITY CLERK
Item 1E - Page 9

ATTACHMENT B

Item 1E - Page 10
Item 1E - Page 11
I
I
-~ '
--~~--------- C OF PAl.-1\11 SPRINGS, CALIFORNIA
PROCEDURES AND POLICIES J 5 1
--r------- . - _________ ..,_ -----+---......... -- OU.)iEC'I" --~cu;;
----t---~---1 PROPERTY MANAGEMENT:
1------•.
fl:fi,-"&"~.l!:NOit ' ~Q"l'lf.~"l'I' -
I 7-28-82
TRIMMING Of 3

PALM TREES WITHIN THE
CITY Of PALM SPRINGS ~======~====c,,Sa==-~-
.. -- -- l "'

0.0 DEPARTMENTS AFFECTED
LO

2.0 3.0

0.1 Co111111Unity Development

0.2 Co11111unity Services
o.3 Planning Co11111iss1on

0.4 Architectural Advisory CQfllnittee
O.S General Public
PURP!llE
1,1 !tis the purpose of this policy to establish the criteria for palm tree tri11111ing within the City of Palm Springs. Tbis policy shall apply to palm trees located within the following areas:
a. Public right-of-way.
b. Parks,
c. Landscape easements.

1.2 This policy will assign the authority to ,review palm trees and/or determine the need for trillJllfng trees.

BACKGROUND
2,1 The City of Palm Springs desires its palm trees to have a consistent ae~thetically-appealing appearance. This general appearance of palm trees is enhanced by the natural "skirt" which fs fonited bY the dried fronds of the palm tree.

PQLICY
In the past there has b!!en a lack of clarity about the City of Palm spr1ngt' policies and procedures pertaining to the trimning of palm tree fronds ("skirts").

This pol icy is designed to clarify the procedures for palm tree trim-- ming and establ 1sh a consistent policy as to exeept-lons and how they w11l be dealt w1th.

3.1 All palm trees located within the area$ defined in Section 1.1 of this pol 1cy shall be tr1111ned by the Parks Division as often as deemed necessary until such time as the lower edga of the fronds "skirts" are twelve {12) feet from the ground.

J. ..... .,. ..... CITY COUNCIL MO 3116. 7-28:82 __ c5
Attachment A
Item 1E - Page 12
-----------C OF PALM SPRINGS, CAI.-IFORNIA
PROCEDURES ANO POLICIES J 5 1
------ -·1·--------~---------~---------'----+----'--- ft£......... ' .... ,,,.,,,.,,._,. 0""'"'T PROPERTY MANAGEMENT: ........ I
I 7-28-82 TRIMMING OF PALM TREES WITHIN TIJE
CITY OF PALM SPRINGS 2 o• 3 ~;;;..::tz:?;::r.i==---="-'-·-=======...,.,b..=~;;,;.;..;_,.,;~~,.;,.;;;.,;;,;,;,;~=-"""======!c=-==""'

4.0 s.o

3.t No exception shall be made to this policy without approval of the Planning Co1r111ission upon reco11111endation of the Arch1tectura1 Ad· visory Committee, accordfng to procedures hereinafter provided.

3.3 seed pod trfmning is not a part of this procedure and policy statement and will be trirrmed at the discretion of cfty staff.

DEFINITIONS

4.1 Hazard - An identifiable potential for injury to any person or damage to public, real •. or personal prQperty.

PROCEDURE

5.1 The Architectural Advisory CQfllllittee wiil review at its regular1y scheduled meetings, al 1 requests for palm tree tr1lltlling which ;ire exceptions to the twelve (12) foot rule, as stated in Section 3,1.

5.2 The Architectur.il Advisory Co11111ittee shall base its recommendations supporting pa1m tree trinming fn excess of the twelve (12) foot rule, utflizing (but not limited to} the following guidelines:
a.
b.
c.
d.
e.
f.
g.

Street Lighting - Palm trees adv,rsely affecting the
lighting of any public street and/or intersectfon.

Power Lines - Palm trees detennined to be potentially
haz:ardous.

Traffic Signals & Wamfng Signs • Palm tr@es determined to be obstructing yi:, io11.

Bus Stops - Palm trees which may obstruct the passage
of buses on public streets.

Proxfmity to Structurss - Palm trees close to or adj.icent to bUfldfngs or ofher structures which may constitute a hazard, Aesthetic Consideration - Palm trees in groups ·of various sizes and shapes where aesthetic disparity exists, which includes but ts not limited to cons1deratfon of skfrt height and shape .ind consigteney of bark tri11111ing, shall be reviewed at the discretion of the Architectural Advisory Comnittee.

Damaged Trees• Trees that are damaged, by way of
storm or other causes. sha11 be trfllll!Gd by city st.iff without Architectural Advisory Co111111ttee review, but only to the point necessary to remove damagQd bark
or fronds.
[-.. ••~!TY COUNCIL MO 3'16, 7-28-82
•· C 6
··-·· " .

Item 1E - Page 13
I
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Cl OF PALM SPRINGS, CALIFORNIA
PROCEDURES AND POUCll!S
....... o, : .,...,.,,,.,,... ,u.,..,,. Pll'llP!lftY MANAGEMENT,- --+-11 --7_28_
82 TROOING OF PAUi TREES WITHIN THE

CITY OF PALM SPRINGS
J 5
.......
3 ... 3 .,, ... ~'-'" '••==-.. == .. ==="""=======--_,,=="""'===-=.====~~==='======~

6.0 5.3 Hazards created by palm trees shall be detenn;ned and confinned by the Architectural Advisory COllll1littee. The Architectural Advisory Committee may review and recommend alternative methods for dealing with hazardous trees, e.g. removal a.nd relocation,

5.4 Any interested person may request the Architectural Advisory Collllllittee to review a case for tri11JTiing palm trees in excess of twelve (12) f1Jet.

EXCEPTIONS

6.1 None.
•
-=-'""•" ·==="'==="""-=======-==== I ·-·.,.,~;;y COUNCIL, NO 3116, 7-28-82 . ..

ATTACHMENT C

Item 1E - Page 14
Item 1E - Page 15
·-·-·---- ---------~-------- ---·-·----
_ , ...... ... _ .
t ~· ,·
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E'><lftBif " B 11
RESOLUTION NO. 22475.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM . SPRINGS·, CALIFORNIA, APPROVING A PALM

TREE TRIMMING POLICY, AND SUPERSEDING ALL
PREVIOUS PALM TREE TRIMMlNG PROCEDURES AND
POLICIES. .

WHEREAS, Tf:le of Palm Springs Is world renowned for its distinctive palm lined streets, and parkways, and these palms create 1he unique charact:er that make Palm Springe a destination city; and
.WHE.REAS, The City or Palm Springs is home to one of the· largest compositions of heritage quality Cafifom!a Fan Palms in their natural" state, and WHEREAS, the City Council desires to sustain and maintain these. palm trees as a signature element of the City of Palm Springs, and therefore establishes this practice for the unlfonn trimmlnq of CJty Fan Palms located within the publ(c right of way:

THI: CITY COUNCJL OF THE CITY OF PALM SPRINGS MOOES HEREBY RESOLVE · AS FOLLOWS: . .
$ECTION 1. -All Cafifomla Fan Palms (Washingtonla filifera) and Mexican Fan Palms (Washingfonia robusta) loc;ated withlri the public right of Way, shall have the fruit pod$ retnoved. · · · ·SECTION 2. CaJffomia Fan Palms (Washlngtonia fflffera) located within the· public right of way, shall not have :fronds removed and shall retain their, "sklrtsu, and their trunks · shafl not be skinned, but remain: in the natural condition. Fronds shall be sheared to provide 12' minimum clearance and fronds. at the skirt bottom shall be sheared to maintain.a clean look.

SECTION 3. Mexican .Fan Palms (Wa.shingtonia robust.a) wHhin the pubDc right of way . . shall have U)eir dry fronds removed and thelr trunks shaU b_e skrnned. · · SECTION 4~ Any previous resolutions and/or minute orders adopting or amending a . patm tree trimming policy are he~ superseded. . .
-
.

Item 1E - Page 16
-----·-·------ -· -·-- - -·-· - - -· - --- ·--- --- -----· --··------- ..

Resolutlorr No. 22475
Page2
' . ._,,, I
ADOPTED this 6th day of May, 2009 . .
_ ATTEST: ..
... -·
<a::::: - -=? 7:z..,---~ "'- . David H. Ready, City~ .
. .
-:
. .
. .
•• • •"'J;4w«r d _/J h ,04- -. -
· ~Thompson,_ City Cl~rk · .

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVE8S(OE .). · ss. -
CITY OF PALM SPRINGS}"
I, JAMES THOMPSON; City Clark ·ot the City of Palm Springs, hereby certffy that Resolution No. 22475 is a·-tun. true and correct. copy, cmd was_duly adopted at a regular: · meeting of the City Counclf of the City of Palm Springs an 1118 a" day of May, 2009, by fhe following vote: · ..

AYES: Councllmernber Foat. Coun.crlmembe,: Weigel, and Mayor Pougnet NOES: Councllmerriber Hu~on and Mayor Pro Tern Mills. ABSENT: None. .

ABSTAIN: ·None.
.
. .
mes Thompson, City Clerk tJ&'
rty of Palm Springs, Califomla I' . · ·.:...
. .
1 '
. '
i

ATTACHMENT D
Item 1E - Page 17
Notice of Exemption FORM “B”

NOTICE OF EXEMPTION
TO: County Clerk – County of Riverside
2724 Gateway Drive
Riverside, CA 92507
Office of Planning and Research
1400 Tenth Street, Room 222
Sacramento, CA 95814
Attn: State Clearinghouse
FROM: (Lead Agency):

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: (760) 323-8245

1. Project Title: Resolution No. ____ - Palm Tree Trimming Policy

2. Project Location Within the boundaries of the City of Palm Springs

3. (a) Project Location – City: Palm Springs
(b) Project Location – County: Riverside

4. Description of nature, purpose, and beneficiaries
of Project:

On July 9, 2024, the City Council for the City of Palm
Springs (“City”) approved the resolution to adopt a palm tree trimming policy, superseding all previous palm tree trimming procedures and policies (“Policy”).

The City is home to one of the largest compositions of
heritage quality California Fan Palms in their natural state.

The City’s previous policy restricted the removal of dry fonds and skinning of their trunks, essentially preserving them in their natural state. However, recent storm events made clear that these palm trees, when left in their natural state, posed a risk to the public as parts of the tree would fly off and land on the surrounding area. Thus, the City
established this Policy to promote public safety by
permitting the trimming of these palm trees within the
public right of way.

5. Name of Public Agency approving project: City of Palm Springs

6. Name of Person or Agency carrying out project: City of Palm Springs

7. Exempt status: (check one)
(a) Ministerial project.
(b) Not a project.
(c) Emergency Project.
(d) Categorical Exemption. State CEQA Guidelines § 15304 [Minor Alterations to Land]
(e) Declared Emergency.
(f) Statutory Exemption.
(g) Other. Explanation:

8. Reason why project was exempt: The Policy is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to State
CEQA Guidelines Section 15304, Minor Alterations to
Land (“Class 4”). The Class 4 exemption allows minor
public alterations in the condition of land, which do not Item 1E - Page 18
LJ
•
•
•
~
•
•
•
Notice of Exemption FORM “B”
involve removal of healthy, mature, scenic trees. Here, the Policy permits minor alterations to specific palm trees, limited to fruit pod removal, trunk skinning, and/or
shearing, in certain public areas for the safety of the City’s residents. The Policy does not permit tree removal of any sort.

No exceptions pursuant to State CEQA Guidelines section 15300.2 apply to this exemption.

9. Contact Person: [insert name]
Telephone: [insert number]
Dated: July 9 __, 2024
[insert name]
Item 1E - Page 19
I
I

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 2992
NORTH CIVIC DRIVE (APN: 502-100-013 & 034, AIRPORT PROPERTY) FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

The Hertz Corporation (Hertz) is requesting a Grant of Easement in favor of Southern California Edison (SCE) Company at the City-owned real property identified by Assessor’s Parcel Number (s) 502-100-013 and 034, located at 2992 North Civic Drive.

The SCE easement will allow for provision of electrical supply to support Electric Vehicle (EV) Chargers within the Hertz leased rental lot from Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Authorize the City Manager to execute a Grant of Easement to Southern California Edison to underground electrical supply systems across a portion of the property identified by Assessor’s Parcel Number 502-100-013 & 034 to a leased Hertz Corporation lot located within the Palm Springs International Airport.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable. Southern California Edison is a publicly traded corporation and is exempt from filing this form.

BACKGROUND:

Since 2011, the Airport and Hertz have maintained a non-exclusive operating and lease agreement for the operation of a car rental concession. As part of Hertz’s commitment to sustainability, Hertz is proactively working to incorporate EV charging stations to expand their rental car options. Hertz has designated a service facility lot located at 2992 North Civic Drive for the installation of the EV charging stations. The service facility lot serves as a staging area for car maintenance and cleaning, and the lot will support the broader Item 1F - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Authorize Grant of Easement to Southern California Edison efforts to integrate electric vehicle support. Hertz has received approved building plans for the installation of four EV charging stations.

STAFF ANALYSIS:

The Grant of Easement will ensure an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time-to-time underground electrical supply systems and communications systems consisting of wires, underground conduits, cables, vaults, manholes, handholes, and other necessary equipment necessary for distributing electrical energy from a new proposed 60 foot tower SCE power pole across North Civic Drive to the four proposed EV charging stations on leased property at 2992 N. Civic Dr. SCE and Hertz will share the financial responsibility for permitting, installation, materials, and labor associated with the project.

The request for Grant of Easement serves a crucial purpose in providing the necessary electrical power supply for the proposed EV charging stations. This strategic move aligns with both the Airport’s sustainability goals and the evolving landscape of transportation.

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

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

N/A.

Item 1F - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Authorize Grant of Easement to Southern California Edison REVIEWED BY:

Department Director: Harry Barrett Jr.

City Engineer: Joel Montalvo
City Attorney Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Grant of Easement
Item 1F - Page 3

ATTACHMENT A

GRANT OF EASEMENT
Item 1F - Page 4
Item 1F - Page 5

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA
EDISON
An EDISON INTERNATIONAL Company

WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COi\lPANY
2 INNOVATION WAY. 2nd FLOOR
POMONA. CA 91768
Attn: Title and Real Estate Services
SCE Doc. No

GRANT OF

EASEMENT
DOCUMENTARY TRANSFER TAX§ NONE
VALUE AND CONSIDERATION LESS THAN §100.00}
SCE Company

SIG OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME

SPACE ABOVE THIS LINE FOR RECORDER'S USE
u101r<1<,1 oc:r,;11\L.NU M1'r- OILC:

Palm Springs TD2090853
GVM NI ·'IO'IJ-{_j3 Al'l'KUVt:U BY UAlt:

APN 502-100-013, VEGETATION & LAND SLS/NP 10/25/2023
and -034 MANAGEMENT
CITY OF PALM SPRINGS, a municipal corporation (hereinafter referred to as '·Grantor"), hereby grants to SOUTHERN CALIFORNIA EDlSON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Riverside, State of California, described as follows:

FOR LEGAL DESCRIPTION, SEE EXHIBIT'S "A" AND "B", BOTH ATTACHED HERETO AND MADE A PART HEREOF.

Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.

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

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

Item 1F - Page 6
EXECUTED this __ day of _________ , 20 __

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

State of California
County of _____ _
On __________ before me, _________________ , a Notary Public, personally appeared __________________________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _____________ (Seal)
2 DSE802303606
TD2090853
Item 1F - Page 7
EXECUTED this __ day of _________ , 20 __

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

State of California
County of _____ _
On __________ before me, ________________ _, a Notary Public, personally appeared __________________________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________ (Seal)
3 • DSE802303606
TD2090853
Item 1F - Page 8
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EXHIBIT A

EASEMENT LEGAL DESCRIPTION
R23-76-2992

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS:

AN EASEMENT WITHIN LOT 2, SECTION 73, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SBB&M, AS PER MAP OF PALM VALLEY COLONY LANDS RECORDED IN BOOK 74 OF MAPS, PAGE 652, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECT/ON OF THE CENTERLINE OF CIVIC DRIVE AND THE CENTERLINE OF AV/A TION ROAD AS SHOWN ON TRACT NO. 14,573, MAP BOOK 109 PAGE PAGE 98, RIVERSIDE COUNTY; THENCE SOUTH 00 DEGREES 08 MINUTES 57 SECONDS WEST, ASSUMED BEARING ALONG SAID CENTERLINE OF CIVIC DRIVE, A DISTANCE OF 164.15 FEET TO THE CENTERLINE OF WEST CIVIC DRIVE, AS SHOWN ON SAID TRACT NO. 14,573; THENCE SOUTH 89 DEGREES 57 MINUTES 09 SECONDS WEST, ALONG SAID CENTERLINE, A DISTANCE OF 251.78 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 13 MINUTES 53 SECONDS EAST, A DISTANCE OF 23.01 FEET,· THENCE SOUTHWESTERLY 8.49 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5.41 FEET AND A DELTA ANGLE OF 89 DEGREES 55 MINUTES 21 SECONDS;
THENCE SOUTH 89 DEGREES 41 MINUTES 29 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 29.59 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES 48 SECONDS WEST, A DISTANCE OF 8.51 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 76 SECONDS EAST, A DISTANCE OF 23. 73 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 6.00 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 16 SECONDS WEST, A DISTANCE OF 23.72 FEET; THENCE NORTHEASTERLY 8.50 FEET ALONG A TANGENTIAL CURVE, CONCA VE TO THE SOUTHEAST, HAVING A RADIUS OF 5.41 FEET AND A DELTA ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS;
THENCE NORTH 89 DEGREES 45 MINUTES 44 SECONDS EAST, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 9. 10 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 06 SECONDS EAST, A DISTANCE OF 29.00 FEET, THENCE NORTH 00 DEGREES 13 MINUTES 53 SECONDS WEST, A DISTANCE OF 60.77 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 17.57 FEET; THENCE SOUTH 00 DEGREES 75 MINUTES 33 SECONDS EAST, A DISTANCE OF 6.82 FEET,· THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 32. 12 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 9.41 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 8.34 FEET,· THENCE NORTH 57 DEGREES 24 MINUTES 37 SECONDS EAST, A DISTANCE OF 9.81 FEET,· THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 43 MINUTES 35 SECONDS EAST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 25 SECONDS EAST, A DISTANCE OF 8.81 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 13 SECONDS EAST, A DISTANCE OF 17.58 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 53 SECONDS EAST, A DISTANCE OF 48.32 FEET TO THE CENTERLINE OF WEST CIVIC DRIVE AND THE POINT OF BEGINNING.

THE ABOVE DESCRIBED EASEMENT CONTAINS AN AREA OF APPROXIMATELY 0.036 ACRES (1,548 SQ. FT.) AND IS SHOWN ON THE ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HERE OF.

SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHTS-OF-WAY, AND OTHER MATTERS OF RECORD, IF ANY.

APN: 502700034
BASIS OF BEARINGS: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE CENTERLINE OF CIVIC DRIVE AND IS ASSUMED TO BEAR SOUTH 00 DEGREES 08 MINUTES 57 SECONDS EAST PER TRACT NO. 14,573, MAP BOOK 109 PAGE PAGE 98, RIVERSIDE COUNTY.
0 ~t-------- CHECKED: MJW
z'-=======.L.. DRAWN: ACW ____________ ...;;.. ..: ______________________ ...;;,_-1 ..:

HERTZ PALM SPRINGS

INTERNATIONAL AIRPORT

IN THE CITY OF PALM SPRINGS,

COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA
Westwood
Phone (320) 253-9496 1900 Medical Arts Ave S, Suite 100 Fax "120) 358-2001 Sartell, MN 66377
TollFree (800) 270-9495 westwoodps.com
WestwooclProfadonal~ Inc.

SHEET NUMBER:
1 EXHIBIT 11A11 OF . 2
PROJECT NUMBER: 0036713.20 DATE: 01/10/2024
Item 1F - Page 9
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CITY OF PALM SPRINGS ENGINEERING SERVICES
· EXHIBIT "B"
DATE
7648
ERIK HOWARD ENGINEERING RESOURCES INC. P.L.S.

DRAWN: ACW SCALE: 1" = 20' CPS FILE NO.

CHECKED: MJW DATE: 01/10/2024 SHEET NO. 2 OF 2

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2097 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09

OF THE PALM SPRINGS ZONING CODE AND APPROVING A

DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY

CLUB, LLC, RELATED TO THE SERENA PARK PROJECT

PERFORMANCE SCHEDULE FOR CONSTRUCTION, THE

DEVELOPMENT AGREEMENT FEE PAYMENT DATE, AND OTHER

MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM
SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL

UNITS LOCATED NORTH OF VERONA ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA2024-0002) FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This is the second reading of an ordinance to amend Section 94.08.09 of the Palm Springs Zoning Code relative to the amendment of the Serena Park Development Agreement. The City Council approved the proposed amendment at first reading on June 13, 2024, with minor revisions.

RECOMMENDATION:

1. Waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2097 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION

94.08.09 OF THE PALM SPRINGS ZONING CODE AND APPROVING A

DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY CLUB, LLC,

RELATED TO THE SERENA PARK PROJECT PERFORMANCE SCHEDULE

FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE PAYMENT

DATE, AND OTHER MINOR REVISIONS RELATED TO THE CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386

RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF Item 1G - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Case DA-2024-0002 Serena Park

SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH
(CASE DA-2024-0002)."

2. Authorize the City Manager to execute the First Amendment to the First Amended and Restated Development Agreement.

STAFF ANALYSIS:

On June 13, 2024, Ordinance No. 2097 was introduced for first reading as noted below:

ACTION: Motion by Mayor Berstein, second by Mayor Pro Tem deHarte, carried 4-0 (1 absent, Councilmember Holstege), to introduce Ordinance No. 2097 entitled, " AN

ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE PALM SPRINGS ZONING CODE AND

APPROVING A DEVELOPMENT AGREEMENT AMENDMENT WITH PS COUNTRY

CLUB, LLC, RELATED TO THE SERENA PARK PROJECT PERFORMANCE

SCHEDULE FOR CONSTRUCTION, THE DEVELOPMENT AGREEMENT FEE

PAYMENT DATE, AND OTHER MINOR REVISIONS RELATED TO THE

CONVERSION OF THE PALM SPRINGS COUNTRY CLUB GOLF COURSE INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA ROAD, EAST OF

SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH (CASE DA-2024-0002)."
As a part of this action, the City Council directed that the Development Agreement be revised to address the following:
• Add that Developer shall be available for neighbor communication and meetings (Section 4.04.06).
• Specify that Golden Sands Road rehabilitation shall be commenced within 270 days and that adjacent landscape be completed within 120 days (Section 4.05.02). • Include remedy that the City may correct violations of property maintenance and ability to recover costs (Section 4.04.07).
• Specify that the Development Agreement Fee is to be used for acquisition of open space (Section 4.01).
• Clarify that, regardless of which phase, the public park shall be built prior to issuance of 52nd building permit of the new homes (Section 4.05.04) and that the temporary sidewalk along Golden Sands Rd will be constructed as part of the first phase of construction (Section 4.05.03).
• Require Developer to complete an additional (third) entrance to the project (Section 4.05.01).

The Development Agreement has been revised to include these items in the abovereferenced Sections. Staff also added the real property description as an exhibit to the Agreement. All revisions are reflected in Attachment 2 to this report.

Item 1G - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Case DA-2024-0002 Serena Park
This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council. Staff will execute the Development Agreement for recordation upon approval.

REVIEWED BY:

Department Director: Christopher Hadwin
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

1. Ordinance No. 2097

2. Revised Development Agreement (redline version)
Item 1G - Page 3
ATTACHMENT #1
Item 1G - Page 4
55575.18145\42346803.1
ORDINANCE NO. 2097

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION 94.08.09 OF THE

PALM SPRINGS ZONING CODE AND APPROVING A

DEVELOPMENT AGREEMENT AMENDMENT WITH PS
COUNTRY CLUB, LLC, AND SERENA 386, LLC RELATED TO THE

SERENA PARK PROJECT PERFORMANCE SCHEDULE, THE

DEVELOPMENT AGREEMENT FEE PAYMENT AMOUNT AND

TIMEFRAME, THE PROPERTY MAINTENANCE AND SECURITY

OBLIGATIONS AND FINANCING OF PUBLIC IMPROVEMENTS

AND IMPACT FEES RELATED TO THE CONVERSION OF THE

FORMER PALM SPRINGS COUNTRY CLUB GOLF COURSE
INTO 386 RESIDENTIAL UNITS LOCATED NORTH OF VERONA

ROAD, EAST OF SUNRISE WAY AND SOUTHWEST OF THE
WHITEWATER RIVER WASH (CASE 5.1427 DA AMENDMENT).

City Attorney’s Summary
This Ordinance amends Section 94.08.09 of the City’s Zoning Code relating to an amendment to the Development Agreement with PS Country Club, LLC, to revise the performance schedule, modify the amounts and payment dates of the Development Agreement Fee, memorialize maintenance and security obligations, provide for community facility district financing and other minor revisions related to the Serena Park Project, which is 386 unit residential project proposed on 126-acres of land.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. PNG1, LLC and PS Country Club, LLC (“Applicant”) have filed an application (Case DA-2024-0002) with the City, pursuant to the Section 94.08.00 of the Zoning Code, for an Amendment to an approved Development Agreement (Case 5.15327 DA AMEND) for the Serena Park Project located on 126 acres of land formerly operated as the Palm Springs Golf Course within Sections 1 and 36, currently identified as APNs: 501-190-002, 501-190-011, 669-480-027, 669-590-066 (the “Project” also known as Serena Park).

Among other terms, the proposed Amendment (Case DA-2024-0002) provides an increased Development Agreement Fee (from balance owed of $2.5-million to $3.2- million), a memorialized property maintenance obligation, a revised Performance Schedule and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees.

B. On September 7, 2016, the City Council held a public hearing on the Project and approved the following actions:

1. Adopted Resolution No. 24082, certifying an Environmental Impact Report Item 1G - Page 5
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Ordinance No. 2097

Page 2 ends

for the Project

2. Adopted Resolution No. 24083, approving a General Plan Amendment to modify land use designation from "Open Space - Parks/Recreation" to "Very Low Density Residential"

3. Adopted Resolution No. 24084, approving a Major Architectural Application (Case 5.1327, PDD-366/MAJ)

4. Adopted Resolution No. 24085 approving Tentative Tract Map 36691, and

5. Adopted Ordinance No. 1898 approving Planned Development District (PD366) in lieu of a change of zone The approvals included Administrative Condition #13, which states:

Development Agreement. Approval of these land use entitlement applications is contingent upon the approval of a development agreement. The development agreement shall address the conversion of open space for development purposes, through in-kind replacement of open space, payment of in-lieu fees for the acquisition of open space, or replacement of open space through a density transfer, pursuant to Policy LU2.2 of the City of Palm Springs General Plan.

C. On July 19, 2017, the Council held a public hearing and approved a Development Agreement by Ordinance No. 1931 for the Project.

D. On October 17, 2018, in response to a request from the Applicant for a proposed revision to the Development Agreement related to the manner in which the Development Agreement Fee is required and paid, the Council held a public hearing and approved a proposed amendment to the Development Agreement.

E. The Development Agreement was recorded on March 14, 2019 with the County of Riverside Clerk.

F. On October 14, 2021, the City Council conditionally approved a Development Agreement Amendment for the Serena Park project by adopting Ordinance No. 2051.

This amendment revised the Performance Schedule for construction, modified the payment dates of the Development Agreement Fee, memorialized phasing of utility undergrounding and approved other minor revisions. Related to this Development Agreement Amendment (identified as the First Amended and Restated Development Agreement), the following occurred:

1. On November 1, 2021, PS Country Club, LLC remitted $500,000 of the Development Agreement Fee to the City.

2. On December 9, 2021, a Maintenance and Security Plan was accepted by the City Council.

3. On September 21, 2022, due to a failure to comply with the agreed upon the Performance Schedule and Maintenance and Security Plan, the City notified the owner of default of the terms of the First Amended and Restated Development Agreement. In response, the owner improved efforts to maintain the property, but Item 1G - Page 6
55575.18145\42346803.1
Ordinance No. 2097

Page 3 ends

has yet to commence construction and pay the remaining balance due ($2.5- million) of the Development Agreement Fee.

G. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the proposed amendment, Case DA-2024-0002, was given in accordance with applicable law, and on May 22, 2024, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the proposed amendment, including but not limited to the staff report, and all written and oral testimony presented, and voted 6 to 0 to recommend approval to the City Council, subject to the following:

1. Modify proposed Development Agreement Amendment to include revisions to Maintenance/Security and Performance Schedule sections as follows:
a. Maintenance and Security (Section 4.04)

1. Specify that an initial clean-up of dead trees and tree limbs, trash and debris to be removed within one month of the new owner acquiring the property, to the satisfaction of staff.

2. Specify that an evaluation by qualified arborist of all on-site trees shall be conducted within one month of new owner acquiring the property, and removal of certain trees (i.e. invasive trees, such as Tamarisk) to occur within four months of new owner acquiring the property.

3. State dust control sealant may occur more frequently than annually, if deemed necessary by City after inspection.

4. State Developer is responsible for fixing any broken camera in a timely manner, but no longer than 7 days after notification from City. b. Performance Schedule (Exhibit 2)

1. Modify milestones from "Ready to record...lots" to "Record...lots" or other appropriate language.

2. Include milestone for improvement of Golden Sands Rd with sidewalk to mobile home park and to phase one of the project (which may be temporary) during Phase 1.

3. Include improvement of Park in Phase 1.

2. Recommend third access point for the project be provided.

H. A notice of a public hearing of the City Council of the City of Palm Springs, California to consider the proposed Amendment, Case DA-2024-0002, was given in accordance with applicable law and on June 13, 2024, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Amendment application, including but not limited to the staff report, all written and oral testimony presented.

I. The City Council determined that the Amendment associated with the Project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”).

Item 1G - Page 7
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Ordinance No. 2097

Page 4 ends

J. The City Council also found that no further environmental documentation, beyond the documentation prepared in conjunction with the EIR for the Project, is required because:

1. There are no substantial changes in the project that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. There are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

3. There is no new information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified showing that:
a. The project will have one or more significant effects not discussed in the EIR;
b. Significant effects previously examined will be substantially more severe than shown in the EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but those mitigation measures or alternatives have not been adopted; or
d. Mitigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the mitigation measures or alternatives have not been adopted.
(Public Resources Code section 21166; CEQA Guidelines section 15162.) K. The City Council also found that the Amendment complies with the provisions of Palm Springs Zoning Code Section 94.08.00, as follows:

1. The development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan.

The Land Use Element of the General Plan identifies the project site as “Very Low Density Residential,” which permits a density of 2.1 to 4.0 dwelling units permit acre. The Serena Park project entitlements remain consistent with this designation and provide for 386 residential dwellings over a 126-acres of land (or roughly 3 dwelling units per acre), and the requested revisions to the Amended Development Agreement will provide revised terms for performance and financing timelines of project. It will not alter previously approved land uses or density. The modifications will not result in inconsistencies to any objectives, policies, general plan land uses or programs.

The development agreement is consistent with Policy LU2.2 of the City of Palm Item 1G - Page 8
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Ordinance No. 2097

Page 5 ends

Springs General Plana because the development agreement fee can be used by the City of Palm Springs for the acquisition and/or preservation of open space.

2. The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located.

The uses will not be affected by the proposed amendment. The Development Agreement remains the same for the subject property and permits 386 residential units, streets, and park space.

3. The development agreement is in conformity with public convenience, general welfare and good land use practice.

The Development Agreement remains consistent with the previously approved entitlements, which will allow attached and detached residential units that are compatible with adjacent and surrounding residential developments in the vicinity. The proposed amendment will memorialize maintenance and security measures to improve the general welfare of adjacent residents.

4. The development agreement will not be detrimental to the health, safety and general welfare.

The proposed amendment to the Development Agreement will establish new terms for the Performance Schedule, payment of the Development Agreement Fee and memorialize obligations for site maintenance and security. The project benefits will still occur, including removal of blight and improvement of park space.

Therefore, the development agreement is not anticipated to be detrimental to the health, safety and general welfare.

5. The development agreement will not adversely affect the orderly development of property or the preservation of property values.

The agreement will permit orderly development of single-story homes in a density that is compatible with surrounding development patterns. The proposed amendment will only affect the time in which said development occurs, which is not anticipated to adversely affect the preservation of property values.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
a LU2.2 provides, “Projects that propose to convert open space areas that are designated “Open Space – Parks/Recreation” to developable areas (for residential, commercial, etc.) must either offer in-kind replacement of such open space elsewhere in the City, make payment of in-lieu fees, or replace the converted open space through the use of density transfer.”
Item 1G - Page 9
55575.18145\42346803.1
Ordinance No. 2097

Page 6 ends

Section 1. The findings and determinations reflected above are all true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance.

Section 2. The Final EIR for the Project is the controlling environmental document for the Council’s consideration of the Amendment to the Development Agreement.

Section 3. In accordance with Section 94.08.00 of the Palm Springs Zoning Code, the City Council hereby approves the Amendment to the Development Agreement, including the requested revisions to the Performance Schedule; the proposed increase to and revised payment schedule of the Development Agreement Fee; a memorialized property maintenance and security obligation; and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees.

Section 4. The City Council authorizes the City Manager to execute the Amendment to the Development Agreement between the City of Palm Springs, PS Country Club, LLC and PNG 1, LLC (or its subsidiary, including Serena 386, LLC) in a form substantially similar to that attached to this Ordinance, and incorporated by this reference herein as EXHIBIT “A,” and to take all steps necessary to complete its recordation.

Section 5. Palm Springs Zoning Code Section 94.08.09 is hereby amended by adding a new subdivision (A)(5) to read as follows:
“5. Amendment to Development Agreement. In 2024, the City Council approved a First Amendment to the First Amended and Restated Development Agreement, which included modifying the Performance Schedule; increasing the amount due and revising the payment schedule of the Development Agreement Fee; memorializing property maintenance and security obligations; and the City’s cooperation in forming a community facilities district (or similar) to assist with financing of infrastructure and development impact fees, as set forth more specifically in the executed First Amendment to the First Amended and Restated Development Agreement on file with the City Clerk.” Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

Item 1G - Page 10
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Ordinance No. 2097

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PASSED, APPROVED, AND ADOPTED BY THE PALM SRPINGS CITY COUNCIL THIS NINTH DAY OF JULY, 2024.
__
Jeffrey Bernstein, Mayor
ATTEST:

Brenda Pree, City Clerk
Item 1G - Page 11
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Ordinance No. 2097

Page 8 ends

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 Ordinance No. 2097 is a full, true and correct copy, and was duly introduced at a regular meeting of the City Council of the City of Palm Springs on June 13, 2024, and adopted at a regular meeting of the City Council of the City of Palm Springs on July 9, 2024, by the following vote:

AYES: Bernstein, de Harte, Garner, Middleton
NOES:

ABSENT: Holstege
ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1G - Page 12
ATTACHMENT #2
Item 1G - Page 13
55575.18145\42234823.342385859.4
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RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:

CITY OF PALM SPRINGS

OFFICE OF THE CITY CLERK
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
SPACE ABOVE FOR RECORDER’S USE ONLY
Pursuant to Government Code Section 6103, recording fees shall not apply

FIRST AMENDMENT TO

FIRST AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BY AND BETWEEN

CITY OF PALM SPRINGS
AND

PS COUNTRY CLUB, LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY
AND
SERENA 386, LLC, A CALIFORNIADELAWARE LIMITED

LIABILITY COMPANY
FOR

SERENA PARK PROJECT
CASE NO. 5.1327, PDD-366, TTM36691

THIS AREA FOR
RECORDER’S
Item 1G - Page 14
55575.18145\42234823.342385859.4
- 2 -

USE ONLY

FIRST AMENDMENT TO THE

FIRST AMENDED AND

RESTATED

DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT (this "Amendment") is entered into by and between the City of Palm Springs, a California Charter City and municipal corporation, (“City”), PS Country Club, LLC, a California Limited Liability Company (“PS Country Club”), and Serena 386, LLC, a CaliforniaDelaware Limited Liability Company (“Serena 386” or “Developer”), pursuant to California Government Code § 65864 et seq.

RECITALS
A. First Amended and Restated Development Agreement. On October 14, 2021, the City approved Agreement No. A9378, the First Amended and Restated Development Agreement between the City and PS Country Club, later executed by both parties (“Development Agreement”). The Development Agreement amended and restated a previous development agreement between the Parties.

B. In 2022, the City declared PS Country Club to be in default of the Development Agreement.

C. PS Country Club is in escrow to sell the development to SERENA 386/Developer. The Development is located on real property that is legally described in Exhibit “3”. SERENA 386/Developer will not consummate the transaction without the City’s approval of this Amendment.

D. The City’s approval of this Amendment is contingent upon the acquisition of the project by SERENA 386/Developer. In such event:

1. City hereby approves the assignment of the Development Agreement to SERENA 386/Developer. Upon close of escrow, SERENA 386 shall assume all obligations of “Developer” pursuant to the Development Agreement, as amended.

2. City and SERENA 386/Developer intend to modify and restate all maintenance obligations concerning the Property while the Property is owned by Developer. Any and all prior oral or written commitments by PS Country Club to maintain the Property, including but not limited to that certain Landscape Ground Maintenance Agreement dated December 12, 2012, and any settlement agreement between the parties, are hereby terminated and replaced with the maintenance requirements contained herein.

Item 1G - Page 15
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H. Planning Commission – Council Findings. The approval of this Amendment is made pursuant to findings by the Planning Commission and the Council that this Development Agreement:
a. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; b. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; c. Is in conformity with public convenience, general welfare and good land use practice;
d. Will not be detrimental to the health, safety and general welfare; e. Will not adversely affect the orderly development of property or the preservation of property values.

AMENDMENT
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEVELOPMENT AGREEMENT.

Section 1.01. Development Agreement. All terms and definitions contained within the Development Agreement shall apply in this Amendment and remain in full force and effect unless specifically amended in this Amendment.

ARTICLE 2. INCORPORATION OF RECITALS.

Section 2.01. Recitals. The Recitals set forth above, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Amendment as if set forth herein in full.

ARTICLE 3. EFFECTIVE DATE
Section 3.01. Effective Date of this Amendment. This Amendment shall become effective as of the date PS Country Club sells the project to Developer (i.e. the close of escrow) (the “Amendment Effective Date”).

ARTICLE 4. AMENDMENTS TO THE DEVELOPMENT AGREEMENT.

Section 4.01. Development Agreement Fee. Section 4.03 e. of the Development Agreement is hereby deleted and replaced as follows:
“e. The Development Agreement Fee (“DA Fee”) was established at Three Million Dollars ($3,000,000) in the Development Agreement. In 2021, Developer paid Five Hundred Thousand Dollars ($500,000) towards the DA Fee. The Item 1G - Page 16
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balance of the DA Fee of Two Million Five Hundred Thousand Dollars ($2,500,000) was due no later than November 1, 2022, but was not paid by Developer. The Parties agree to a new Development Agreement fee in the amount of Three Million Two Hundred Thousand Dollars ($3,200,000) (“Amended DA Fee”), to be used by the City for acquisition of open space for the purposes of Developer’s compliance with the General Land Use Policy 2.2 in generating land use density for the subject property.

The Amended DA Fee is in addition to any amount previously paid towards the DA Fee. Unless paid sooner, the Amended DA Fee shall be paid no later than the following dates:
i. $663,212 (80 lots) on or before June 30, 2025
ii. $505,699.76 (61 lots) on or before March 31, 2026
iii. $472,539.12 (57 lots) on or before September 30, 2026 iv. $256,994.96 (31 lots) on or before January 31, 2027 v. $522,280.08 (63 lots) on or before May 31, 2027
vi. $762,703.92 (92 lots) on or before November 30, 2027 If development lots are sold to third-party builders or building permits are issued prior to the payment of the Amended DA Fee (or the pro rata amount of the Amended DA Fee for such lots), the Amended DA Fee shall be paid by Developer such that as construction of the Project occurs, and either (i) developed lots are sold to third-party builders, or (ii) building permits are issued for construction of residential dwelling units, the Developer shall pay to City a pro-rata portion of the unpaid principal at the time vacant lots are sold to third-party merchant builders or building permits are issued for construction of residential dwelling units. Each payment to the City shall take place within ten (10) business days following any sale of developed lots to a third-party builder, or concurrent with and as a condition precedent to the City issuance of a building permit. The pro-rata portion of the Amended DA Fee shall be calculated as the total Amended DA Fee divided by the total number of residential dwelling units ($3,200,000 / 386), for a per lot fee of $8,290.16 (“Pro-rate Per Lot Fee”).”
Section 4.02. Infrastructure Financing. City acknowledges that the success of the Project may require the establishment of a Community Facilities District (“CFD”) or other similar alternative financing mechanism (i.e. Statewide Community Infrastructure Program (“SCIP”) (“Financing District”) to reimburse the Developer for public facilities costs for infrastructure to be owned by the City or other public agencies, and associated developer impact fees. At Developer's request, City shall cooperate with Developer in the establishment of an assessment district(s), community facilities district(s) or other public financing mechanism to finance any necessary public improvements for the Project, which public improvements may lawfully be financed with such financing mechanism, substantially consistent with the financing plan (“Financing Plan”) set forth in Exhibit “1”.

Section 4.03. Exhibit D. Exhibit “D”, incorporated into the Development Agreement in Section 7.09 c. thereof, is deleted and replaced in its entirety with a new Exhibit “D”, attached hereto as Exhibit “2” to this Amendment.

Item 1G - Page 17
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Section 4.04. Property Maintenance Obligations. During the term of the Development Agreement, so long as Developer owns the Property, or any portion thereof, Developer shall be responsible to maintain the Property as set forth below.

4.04.01. Trash, Debris & Graffiti. No less than once per month, Developer shall ensure the removal of all trash, debris and graffiti from the Property.

4.04.01.01. Initial Property Cleanup. Within 30 days following the Amendment Effective Date, dead trees, limbs, trash and debris shall be removed from the Property to the reasonable satisfaction of City staff.

4.04.01.02. On-Site Trees. Within 30 days following the Amendment Effective Date, Developer shall retain an arborist to evaluate the condition of all trees on-site. Within 120 days following the Amendment Effective Date, Developer shall remove all trees reasonably deemed necessary for removal by the arborist.

4.04.02. Dust Control. The Parties recognize that the area surrounding the Property is affected by blown dust and sand during wind events. The Parties also recognize that the area is adjacent to stormwater facilities that can also be the cause of dust and sand during wind events. So long as Developer applies a chemical soil stabilizer or binder no less than once annually, Developer shall not be deemed the cause of wind blown dust or sand in the area. Developer shall, within thirty (30) days of notification from City, re-apply a chemical soil stabilizer or binder more frequently than annual reapplications if the City notifies Developer that an area has been disturbed and the previously applied stabilizer/binder is no longer effective.

4.04.03. Surveillance Cameras. Within 60 days following the Amendment Effective Date, Developer shall install surveillance cameras at no less than four on-site locations, as designated by the City, and maintain their operation until home construction begins at each location. Each camera shall have video recording capabilities enabled 24 hours, seven day per week. Developer shall maintain video recordings of all four cameras for a rolling fourteen (14) day period, which recordings shall be made available to the City, upon request. Developer shall repair any broken cameras in a timely manner, but in no event longer than 10 business days after notification by the City. If the Project is built in phases, City and Developer can mutually agree to reduce the number of cameras as each phase is built.

4.04.04. Patrols. Developer shall contract with a company to provide daily patrols of the Property to provide a deterrence to trespassers and inform Developer of any maintenance or disturbance issues witnessed at the Property.

4.04.05. Signs. "No trespassing" signs shall be posted and maintained by Developer at the three vehicular access point to the property (Verona/Whitewater, San Rafael/Golden Sands and Francis terminus) and no less than four locations along easterly boundary along the stormwater channel.

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4.04.06. Contact Person/ Neighborhood Communications. Developer shall designate a contact person who, at any time during normal business hours, is available to respond to calls or complaints from the City or neighbors concerning the Property's condition. This individual is responsible for promptly and effectively coordinating the correction of any observed violations of the Property Maintenance Obligations in this Amendment. Developer shall make itself available for regular (i.e., no less frequently than once per quarter) meetings (whether in person or virtual) with neighborhood groups and their Homeowners’ Associations, in order to provide updates and maintain open communication.

4.04.07. Default of Property Maintenance Obligations. Developer shall be in default of these Property Maintenance Obligations if a violation occurs, the City provides written notice to Developer to correct the violation, and the violation is not corrected by Developer within thirty (30) days for the Dust Control measure (Section

4.04.02) and seventy two (72) hours for all other property maintenance obligations. In addition to any other remedy available to the City, in the event Developer does not correct any such violation following notice and the opportunity to correct, City may correct any such violation. The City shall provide the Developer with at least ten (10) days' written notice prior to initiating any work for which it may intend to recover costs. The City shall be entitled to collect the reasonable costs of such correction, whether as a money judgment, or as a lien against the subject property or as a special assessment.

Section 4.05. Additional Project Entrance & Sidewalk, Golden Sands Road, Landscaping and Park.

4.05.01. Additional Project Entrance. Developer agrees to cooperate with City in providing forshall provide a third additional vehicular entrance to the Project, as evaluated in the Project entitlements.

4.05.02. Golden Sands Road. Developer shall rehabilitate Golden Sands Road and replacement of the stop sign, all in accordance with standards established by the City Engineer. Such work shall be commenced within two hundred and seventy (270) days following the Amendment Effective Date, and shall be completed within forty five (45) days. Landscaping along Golden Sands Road shall be rehabilitated by Developer within one hundred and twenty (120) days following the Amendment Effective Date.

4.05.02. 4.05.03 Golden Sands Road Sidewalk. Developer shall install a temporary sidewalk that is acceptable to the City Engineer along Golden Sands Road between the end of the sidewalk east of Savanna Trail to Golden Sands Mobile Home Park as part of the Project’s first phase.

4.05.04. Park Timing. The Park shall be completed as a condition precedent to the City’s issuance of the 52nd building permit for the Project.

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Section 4.06. Miscellaneous.

Section 4.06.01. Enforceability. The Parties agree that unless this Amendment is amended or terminated pursuant to the provisions of the Development Agreement, as amended, this Amendment shall be enforceable by any party hereto, notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site as of the Amendment Effective Date, as provided by California Government Code Section 65866.

Section 4.06.02. Severability. If any term or provision of this Amendment, or the application of any term or provision of this Amendment to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Amendment, or the application of this Amendment to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Amendment, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Amendment by providing written notice of such termination to the other party.

Section 4.06.03. Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals or this Amendment and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Section 4.06.04. Construction. Each reference in this Amendment to this Amendment or any of the Project Approvals shall be deemed to refer to the Amendment or the Project Approvals as they may be amended from time to time, whether or not the particular reference refers to such possible amendment. This Amendment has been reviewed and revised by legal counsel for City, PS Country Club and Developer, respectively, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Amendment.

Section 4.06.05. Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Amendment, the signer obligations are joint and several.

Section 4.06.06. Covenants Running with the Land. All of the provisions contained in this Amendment shall constitute covenants or servitudes which shall run with the land comprising the Project Site and the burdens and benefits hereof shall be binding upon and inure to the benefit of the parties and their respective heirs, Item 1G - Page 20
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successors in interest, transferees and assignees, representatives, lessees, and all other persons acquiring all or a portion of the Project or the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Amendment shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code Section 1468.

Section 4.06.07. Entire Agreement, Counterparts and Exhibits. This Amendment is executed in duplicate, each of which is deemed to be an original. This Amendment consists of 9 pages and twothree exhibits which constitute, except for the Development Agreement, the full, final and exclusive understanding and amendment to the Development Agreement, and supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof.

Section 4.06.08. Waiver. Any waivers of the provisions of this Amendment or any breach of covenants or conditions contained in this Amendment shall be effective only if in writing and signed by the appropriate authorities of City and Developer. A waiver of one provision or breach shall not be considered as a continuing waiver, shall not constitute a waiver of any other conditions or covenants and shall not operate to bar or prevent the other party from declaring a forfeiture or exercising its rights for any succeeding breach of either the same or other condition or covenant.

Section 4.06.09. Recordation of Development Agreement. No later than thirty (30) days after the Amendment Effective Date, the City Clerk shall record an executed copy of this Amendment in the Official Records of the County of Riverside.

Section 4.06.10. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than City, PS Country Club, and Developer, any rights, remedies, obligations or liabilities under or by reason of this Amendment.

Section 4.06.11. Titles of Parts and Sections. Any titles of the sections or subsections of this Amendment are inserted for convenience of reference only and shall be disregarded in interpreting any part of this Amendment’s provisions.

Section 4.06.12. Discretion of City. City’s execution of this Amendment in no way limits the discretion of City in the permit or approval process in connection with any site plan approvals, subsequent entitlements, land use decisions, construction or improvements which are within City’s jurisdiction, except to the extent expressly and unequivocally stated herein.

Section 4.06.13. Representations of Authority. As to each person signing this Amendment on behalf of an entity, all necessary legal prerequisites to that party’s execution of this Amendment have been satisfied and he or she has been authorized to sign this Amendment and bind the party on whose behalf he or she signs.

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[SIGNATURES ON NEXT PAGE]
Item 1G - Page 22
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IN WITNESS WHEREOF, the City of Palm Springs California, a California Charter City and municipal corporation, has authorized the execution of this Development Agreement Amendment in duplicate by its City Manager and attestation by its City Clerk, and approved by the Council of the City on the day of , 2024, and adopted by City Council Ordinance No. [___], and PS Country Club and Developer have caused this Amendment to be executed by its authorized representative. “CITY”
City of Palm Springs
Date:__________________________ By: _______________________________ Scott Stiles
City Manager
APPROVED AS TO FORM: ATTEST
By: ___________________________ By: _______________________________ Jeffrey S. Ballinger Brenda Pree, MMC
City Attorney City Clerk
APPROVED BY CITY COUNCIL:

Date: _______ Agreement No. _____
Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
[SIGNATURES CONTINUE ON NEXT PAGE]
Item 1G - Page 23
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“DEVELOPER”
SERENA 386, LLC,
a CaliforniaDelaware limited liability company
By _______________________________________By ___________________________________________ Signature (Notarized) Signature (Notarized)

Printed Name/Title Printed Name/Title
“PS COUNTRY CLUB”
PS Country Club, LLC,
a California limited liability company
By _______________________________________By ___________________________________________ Signature (Notarized) Signature (Notarized)

Printed Name/Title Printed Name/Title
Item 1G - Page 24
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Exhibit “1”
EXHIBIT “1”

FINANCING PLAN
This Financing Plan sets forth the basic terms and conditions pursuant to which City and Developer will cooperate to establish a Community Facilities District or Community Facilities Districts (each, a “District”) pursuant to the Mello-Roos Act to finance the acquisition or construction of certain public improvements in connection with the Project. Capitalized terms not otherwise defined in this Financing Plan shall be defined as provided in the Development Agreement (“Agreement”).

1. Objectives. The principal objectives of this Financing Plan are to:
a. Provide City and Developer reasonable certainty that any District will be established in accordance with the Goals and Policies, except as any specific goal or policy may be explicitly supplemented, amended or waived as set forth herein. b. Provide for the issuance of bonds by or for the District or Districts or any Improvement Areas (defined below) therein in one or more series in order to minimize carrying costs and improve overall bondholder security. c. Implement and document certain determinations by City pursuant to the Goals and Policies.

To the extent this Financing Plan is inconsistent with other parts of the Agreement to which this Financing Plan is an exhibit, the provisions of this Financing Plan shall govern.

2. Formation. City shall initiate proceedings to establish a District, upon Developer’s written request and submittal of the City’s standard application form and receipt of an advance from the Developer in an amount determined by the City to pay for the City’s estimated costs to be incurred in undertaking the proceedings to establish the District (“Formation Proceeding Costs”). City agrees that all such advanced City costs incurred in connection with the formation of such District shall be eligible for reimbursement out of the first available District bond proceeds and/or special taxes. The exact terms and conditions for the advance of funds by Developer and the reimbursement of such advances as mutually agreed upon shall be memorialized in a separate agreement between the City and the Developer. City agrees to use its best efforts to complete the proceedings to form such District and record the notice of special tax lien within two hundred ten (210) days after City’s receipt of Developer’s complete application and deposit. In the event such District is not or cannot be formed by the City or bonds cannot be issued for such District to finance the facilities as provided for in this Financing Plan due to unforeseen changes in state or federal law or other reasons, City shall reasonably cooperate with Developer in using the Statewide Community Infrastructure Program (“SCIP”) or other community facilities district financing program available through the California Statewide Communities Development Authority to finance, acquire, and/or construct the public improvements described herein.

Item 1G - Page 25
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Exhibit “1”

3. Boundary. The District boundary shall encompass the Project and may contain multiple improvement areas (each, an “Improvement Area”) based on phasing of the Project. It is currently contemplated that the District will contain both residential and non-residential land uses and may be subject to the levy of special taxes by the District as set forth herein.

4. Eligible Public Facilities and Discrete Components and Fee Facilities.

Subject to the condition set forth in the following paragraph, the City will authorize the District to finance the following types of public improvements (“Eligible Public Facilities”) and fee facilities (“Fee Facilities”) which by the approval of the Agreement City has determined are consistent with the Goals and Policies or constitute an approved exception to the Goals and Policies for the Project may include, but is not limited to the following Eligible Public Facilities:
a. Public Streets and other related improvements within public right of way
b. Potable and Non-Potable Water Facilities
c. Sewer Facilities
d. Dry Utilities
e. Public Parks, Open Space and Landscaping
f. Storm Water Drainage, Retention and Detention Facilities g. Fire Facilities, Police Facilities and other Government Facilities The Eligible Public Facilities shall be financed with the proceeds of special taxes and/or bonds of the District (“District Proceeds”) regardless of the Improvement Area(s) from which such District Proceeds are derived. Costs of the Eligible Public Facilities to be constructed by Owner that are eligible to be financed with District Proceeds are as follows:
(i) The actual hard costs for the construction or the value of an Eligible Public Facility, including labor, materials and equipment costs; (ii) The costs of grading related to an Eligible Public Facility; (iii) The costs incurred in designing, engineering and preparing the plans and specifications for an Eligible Public Facility;
(iv) The costs of environmental evaluation and mitigation of or relating to the Eligible Public Facility;
(v) Fees paid to governmental agencies for, and costs incurred in connection with, obtaining permits, licenses or other governmental approvals, including the Amended DA Fee (if eligible), for an Eligible Public Facility; Item 1G - Page 26
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Exhibit “1”
(vi) Costs of construction administration and supervision up to five percent (5.0%) of the total cost of the Eligible Public Facility; (vii) Professional costs associated with each Eligible Public Facility, such as engineering, legal, accounting, inspection, construction staking, materials and testing and similar professional services;
(viii) Costs of payment, performance and/or maintenance bonds and insurance costs directly related to the construction of an Eligible Public Facility; and (ix) Fee Facilities includes all fees established and imposed upon the Project by the City or any other participating agencies.

City and Developer agree that “Discrete Components” of each Eligible Public Facility may be approved for payment from District Proceeds in an amount equal to actual cost of the Discrete Component less a 25% retention, and that City shall not accept an Eligible Public Facility of which a Discrete Component is a part, or pay any prior retention relating to such Discrete Component, until the entire Eligible Public Facility has been completed.

Each Discrete Component is a component of an Eligible Public Facility that City has agreed can be separately identified and/or inspected. City acknowledges that a Discrete Component that consists of construction or installation work does not have to be accepted by City as a condition precedent to the payment of acquisition thereof, but City shall not be obligated to make such payment until such Discrete Component has been “substantially completed,” which shall mean that it is substantially complete for its intended use in accordance with its plans and specifications, notwithstanding any final “punch list” items still required to be completed. Master Developer shall be entitled to make a separate payment request to City for the costs of final “punch list” items and other eligible costs not previously reimbursed upon completion of such work.

The Eligible Public Facilities shall be bid, contracted for and constructed in accordance with a funding and acquisition agreement (“Acquisition Agreement”) to be entered into between City and Developer at the time of formation of the District. The Acquisition Agreement shall provide additional detail, consistent with the provisions of this Development Agreement, with respect to the District and the acquisition and construction of the Eligible Public Facilities with District Proceeds.

5. Financing Parameters. City agrees to levy special taxes of the District and issue District bonds in one or more series to finance the acquisition and construction of the Eligible Public Facilities using the parameters set forth below:
a. A precondition to the issuance of bonds shall be that the value of the real property subject to special taxes required to repay the bonds shall be at least three (3) times the amount of the bonds and any other governmentally-imposed land-secured debt (excluding any proceeds of the bonds to be deposited in an escrow fund); provided, however, that City, its bond counsel, its financial advisor and the underwriter of the bonds do not view such ratio as posing an unusual credit risk. In order to reduce issuance, administrative and interests costs, provide certainty as to the availability of the proceeds Item 1G - Page 27
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Exhibit “1”
of the bonds to fund the Eligible Public Facilities, and facilitate efficiency in such funding and the construction of the Eligible Public Facilities, bonds may be issued and a portion of the proceeds escrowed that is reasonably expected by the City to be released within three (3) years pending increases in the value of property subject to special taxes to achieve a 34:1 value-to-lien ratio.
b. Each series of bonds shall have a minimum term of thirty (30) years; provided, however, the term of any individual series of bonds may be less than thirty (30) years if the District’s authority to levy the special taxes securing the payment of such bonds or the underwriting conditions in the market for land secured bonds at the time of the issuance of such bonds require the issuance of such bonds with a shorter term. c. Each series of bonds may include up to eighteen (18) months of capitalized interest or such other lesser amount as may be requested by Developer. d. Each series of District bonds to be issued for an Improvement Area shall be sized based upon the estimated annual special tax revenues from such Improvement Area at build-out being equal to one hundred ten percent (110%) of (i) annual debt service, plus (ii) priority annual administrative expenses. Priority administrative expenses shall not exceed $20,00050,000 for the first series of bonds issued for an Improvement Area.
e. The total effective tax rate within each Improvement Area applicable to any residential parcel on which a residential dwelling has or is to be constructed, taking into account all ad valorem property taxes, voter-approved ad valorem property taxes in excess of one percent (1%) of assessed value, the annual special taxes of existing community facilities districts and community facilities districts under consideration and reasonably expected to be established, the annual assessments (including any administrative surcharge) of existing assessment districts and assessment districts under consideration and reasonably expected to be established, and the special taxes of the District, shall not exceed two percent (2.00%) of the projected initial sales price of the residential dwelling unit and such parcel, as projected at the time of District formation. f. Special taxes shall be levied on Developed Property within an Improvement Area at the maximum assigned special tax rate prior to the issuance of bonds to finance the Eligible Public Facilities. “Developed Property” means a parcel for which a building permit has been issued. “Undeveloped Property” shall mean all other taxable property. Special Taxes may be levied on Undeveloped Property within an Improvement Area only after the issuance of bonds and only to the extent the annual debt service on the bonds, administrative expenses, the delinquency rate for special taxes levied in the previous fiscal year within the Improvement Area for all subsequent fiscal years in which the special taxes are levied, and the reserve fund replenishment amount is not able to be paid in full from Developed Property special taxes levied and collected within the applicable Improvement Area.
g. Any affordable housing units, rental units or non-residential land uses may, at Developer’s option, be exempted from special taxes of the District.

Item 1G - Page 28
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Exhibit “1”
h. Full or partial prepayment of the special taxes shall be permitted. i. As permitted by the Goals and Policies, at Developer’s election at the time of submittal of its written request, the City shall allow the special taxes within an Improvement Area to escalate by two percent (2%) per year and debt service on the bonds to escalate at the same rate as the special tax escalation.

Item 1G - Page 29
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Exhibit “2”
EXHIBIT “2”
REPLACES EXHIBIT “D” OF DEVELOPMENT AGREEMENT

SERENA PARK

DEVELOPMENT AGREEMENT PERFORMANCE SCHEDULE

DATE ACTIVITY NOTE
June 2025 Ready to record Phase lA Map 51
Lots
June 2025 Ready to Record Phase lB Map 29
Lots
Park built as part of
this phase
March2026 Ready to Record Phase 2 Map 61
Lots
September 2026 Ready to Record Phase 3A Map 57
Lots
January 2027 Ready to Record Phase 3B Map 31
Lots
May 2027 Ready to Record Phase 4A Map 43
Lots
May2027 Ready to Record Phase 3C Map 20
Lots
November 2027 Ready to Record Phase 4B Map 92
Lots
Item 1G - Page 30
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Exhibit “2”
Exhibit “3”
Description of Development

REAL PROPERTY DESCRIPTION
All that certain real property situated In the County of Riverside, State of California, described as follows:

Parcel 1: (501-190-002, and a portion of 501-190-011)
The Northeast quarter of Section 1, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof.

Except any portion lying within the following subdivisions:

A. Desert Park Estates No. 10, as per map recorded in Book 33 Page 20 of Maps, in the office of the County Recorder of said County.

B. Ranch Country Club Estates No. 1, as per map recorded In Book 36, Page 64 of Maps, in the office of the County Recorder of said County.

C. Tract No. 4362, as per Map recorded in Book 70, Pages 89 and 90 of Maps, in the office of the County Recorder of said County.

D. Tract No. 4362-1, as per Map recorded in Book 81, Pages 29 and 30 of Maps, in the office of the County Recorder of said County.

E. Tract 9317, as per Map recorded in Book 91, Pages 44 and 45 of Maps, in the office of the County Recorder of said County.

F. Tract 14029, as per Map recorded In Book 112, Pages 61and 62 of Maps, in the office of the County Recorder of said County.

Parcel 2: (a portion of 501-190-011)
Lot 1 of Ranch Country Estates No.1, in the City of Palm Springs, County of Riverside, State of California, as per map recorded in Book 36, Page 64, of Maps, in the office of the County Recorder of said County.

Parcel 3: (669-480-027)
Parcel 1 of that Lot Line Adjustment No. 02-12 recorded February 26, 2004 as Instrument No.2004-134481 of Official Records, described as follows:

A parcel of land, situated in the City of Palm Springs, County of Riverside, State of California, lying over a portion of the Southwest Quarter of Section 36, Township 3 South, Range 4 East, San Bernardino Base and Meridian, being more particularly described as follows:

Beginning at the South Quarter corner of said Section 36; Thence, along the North-South centerline of said Section 36, North 0°12'43" East 420.46 feet;
Thence, leaving said North-South centerline North 89°59'13" West 88.65 feet; Thence North 38°24'39" West 476.26 feet;
Thence North 47°46'07" West 450.07 feet;
Thence North 61°23'04" West 329.68 feet;
Thence North 28°04'13" West 200.02 feet;
Thence South 80°57'45" West 440.06 feet;
Thence South 75°05'43" West 318.05 feet;
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Exhibit “2”
Thence South 58°00'55" West 386.18 feet;
Thence South 5°14'30" East 769.65 feet to the Intersection of a line parallel to, and 554.00 feet Easterly, when measured at right angles, to the West line of said Section 36, with a line parallel to, and 300.00 feet Northerly, when measured at right angles, to the South line of said Section 36;
Thence, along said line parallel to the West line of said Section 36, South 00°15'30" West 300.00 feet, to the South line of said Section 36;
Thence, along said South line of Section 36, South 89°45'52" East 2100.33 feet to the point of beginning.

Excepting therefrom that portion of said parcel of land being more particularly described as follows:

Commencing at the Southwest corner of said Section 36;
Thence, along the South line of said Section 36, South 89°45'52" East 814.00 feet; Thence, leaving said South line, parallel to the West line of said Section 36, North 0°15'30" East 300.00 feet to a line parallel to, and 300.00 feet Northerly of, said South line of Section 36 and the True Point of Beginning;
Thence, along said line parallel to the South line of Section 36, South 89°45'52" East 718.85 feet;
Thence, leaving said parallel line, South 89°35'48" East 417.44 feet; Thence South 88°10'53" East 316.61 feet;
Thence North 49°27'44" East 107.85 feet;
Thence North 45°27'43" West 330.33 feet;
Thence North 82°49°28" West 18.54 feet;
Thence North 53°11'47" West 872.71 feet;
Thence South 74°57'13" West 528.72 feet;
Thence South 0°08'38" West 30.73 feet;
Thence South 72°41'33" West 113.63 feet;
Thence South 3°29'01" East 610.32 feet to the True Point of Beginning.

Parcel 4: (669-590-066)
That portion of the South half of the Southeast quarter of Section 36, Township 3 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California, according to the official plat thereof, described as follows:

Beginning at the Southwest corner of said South half of the Southeast quarter; Thence South 89°52'00" East, along the South line of said South half of the Southeast quarter, a distance of 240.00 feet;
Thence North 70°00'00" West,105.00 feet; Thence South
75°12'28" West, 59.03 feet;
Thence North 31°00'00" West, a distance of 163.00 feet, to a point on the West line of said South half of the Southeast quarter;
Thence South 0°06'30" West, along said West line, a distance of 160.00 feet to the Point of Beginning.

Item 1G - Page 32

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2098, ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND

2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

This is the second reading of an ordinance to amend Sections 2.24.010 and 2.24.020 of the Palm Springs Municipal Code to expand the Public Arts Commission from seven to nine members, enhancing its capacity to manage and implement complex public art projects in collaboration with other City departments. This change aims to provide additional support and diverse expertise to better serve the community’s cultural and artistic needs. The proposed ordinance was introduced on June 13, 2024.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, ready by title only, and adopt Ordinance No. 2098 entitled,“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.24.010 AND

2.24.020 OF THE PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS COMMISSION FROM SEVEN TO NINE MEMBERS.”
STAFF ANALYSIS:

On June 13, 2024, Ordinance No. 2098 was introduced for first reading as noted below:

ACTION: Introduce and conduct a first reading of, by title only, an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.24.010 AND 2.24.020 OF THE

PALM SPRINGS MUNICIPAL CODE TO EXPAND THE PUBLIC ARTS
COMMISSION FROM SEVEN TO NINE MEMBERS.”
AYES: Councilmember Garner, Councilmember Middleton, Mayor Pro Tem Item 1H - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Public Arts Commission Ordinance
deHarte, Mayor Bernstein
NOES: None
ABSENT: Councilmember Holstege
This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption, or as may be otherwise implemented by direction of the City Council.

It is intended that the two additional commission members selected by the City Council will be eligible to serve at the August 2024 meeting of the Public Arts Commission.

ENVIRONMENTAL ASSESSMENT:

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, as the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment and does not constitute a project as defined in Section 15378 of the Guidelines. Furthermore, if deemed a project, the Ordinance is exempt pursuant to Section 15061(b)(3) as there is no possibility that it may have a significant effect on the environment.

FISCAL IMPACT:

This proposed Ordinance is not expected to have significant financial impacts. There may be some additional costs associated with supporting and administering a larger commission, including preparation of materials for meetings, additional documentation, and potentially increased staff time for coordination and communication.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2098
Item 1H - Page 2

ATTACHMENT A
Item 1H - Page 3
ORDINANCE NO. 2098

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS

2.24.010 and 2.24.020 OF THE PALM SPRINGS MUNICIPAL

CODE TO EXPAND THE PUBLIC ARTS COMMISSION
FROM SEVEN TO NINE MEMBERS.

City Attorney’s Summary
This ordinance expands the City’s Public Arts Commission from seven to nine members.

WHEREAS, the Public Arts Commission of the City of Palm Springs plays a crucial role in facilitating cultural and artistic projects, enhancing the community's quality of life; and
WHEREAS, there is an increasing complexity and volume of public art projects requiring enhanced coordination with other city departments and necessitating specialized skills in solicitations, procurement, and contract management; and WHEREAS, expanding the membership of the Public Arts Commission from seven to nine members will provide the necessary support and resources to effectively manage and implement the growing number of sophisticated art projects and ventures within the City.

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

SECTION 1. Findings. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Code Amendment. Section 2.24.010 of the Palm Springs Municipal Code is hereby amended to read as follows:
“2.24.010 Creation.

There is created within the city of Palm Springs a public arts commission consisting of nine members, appointed by the city council, to serve at the pleasure of the city council.”
Item 1H - Page 4
Ordinance No. 2098

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SECTION 3. Code Amendment. Section 2.24.020 of the Palm Springs Municipal Code is hereby amended to read as follows:
“2.24.020 Term—Vacancies—Vote.

Members of the commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code. A vacancy in the commission shall not impair the right of the remaining members to exercise the powers of the commission pursuant to this chapter. Five members shall constitute a quorum of the commission, and any ruling, decision or other action of the commission may be taken by a majority of those members present, provided a quorum is present.” SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.

SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9TH DAY OF JULY, 2024.

JEFFREY BERNSTEIN
MAYOR
ATTEST:

Item 1H - Page 5
Ordinance No. 2098

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BRENDA PREE

CITY CLERK
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Ordinance No. 2098

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on June 13, 2024 and adopted at a regular meeting of the City Council held on July 9, 2024 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 ______________, 2024.

BRENDA PREE

CITY CLERK
Item 1H - Page 7

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: AN APPLICATION BY JANE LUNDIN REPRESENTED BY THE PALM

SPRINGS PRESERVATION FOUNDATION FOR HISTORIC
DESIGNATION OF “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006).

FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

The M.H. Atikian Building is a two-story commercial building in the Central Business District (CBD) designed by architect William F. Cody in 1950. The applicant is requesting historic designation of the commercial property.

Staff initially recommended that the site not be designated at this time due to significant alterations that have diminished the building’s historic integrity. The HSPB heard the request for designation on October 6, 2023 and recommended City Council designate the property as a Class 2 historic site.

The City Council heard the item on April 25, 2024 and continued the item to May 23, 2024 in order to ask the owner questions about their intent for future restoration of the property.

At the continued hearing of May 23, 2024, the owner’s representative indicated there is no intent to undertake restoration at this time. At the conclusion of the hearing, the City Council voted 2-2 with one absence. In accordance with the Council’s Rules of Procedure, a tie vote without all members present automatically continues the item to the next meeting date where it can be considered by all members. Accordingly, the application is returning to the City Council with HSPB’s recommendation per the attached draft resolution.

The April 25, 2024 staff report and associated materials can be found here.

The May 23, 2024 staff report and associated materials can be found here.

Item 1I - Page 1
City Council Staff Report
July 9, 2024 – Page 2
Historic Designation – The M.H. Atikian Building
RECOMMENDATION:

1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST AREANAS ROAD, AS A CLASS
2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO CONDITIONS (APN #513-143-006).

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Draft Resolution
Item 1I - Page 2

ATTACHMENT A
Item 1I - Page 3
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN
BUILDING” LOCATED AT 120 WEST ARENAS ROAD, A CLASS 2
HISTORIC SITE, (HSPB #147), APN# 513-143-006.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Jane Lundin, Represented by the Palm Springs Preservation Foundation, submitted an application seeking historic site designation of the M.H. Atikian Building located at 120 West Arenas Road; and
C. WHEREAS, in September, 2023, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on October 2, 2023, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #147 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the M.H. Atikian Building a Class 2 (Historic Merit) historic resource; and F. WHEREAS, on April 25, 2024, May 23, 2024, and June 13, 2024 a noticed public hearing of the Palm Springs City Council to consider Case HSPB #147 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 2 Historic Resources. A site, structure, building or object may be designated as a Class 2 historic resource, provided the following findings are met:
a. The site, structure, building or object exhibits exceptional historic Item 1I - Page 4
Resolution No.____

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July 9, 2024
significance and meets one or more of the criteria listed below:

The Atikian building is a two-story mixed-use commercial building designed by master architect William F Cody and located on a prominent commercial corner in downtown Palm Springs. The period of significance is 1950, the date of construction. The original 1950 drawings from the office of William F. Cody clearly show the building was intended to be visually unique, engage pedestrians, and embrace the aesthetics of mid-century desert architecture. Despite some alterations over time, the building meets criteria for a Class 2 historic resource as detailed below. (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion i.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state, or local history; The report provides background information on Mesrab Housep (“M.H.”) Atikian who commissioned architect William F. Cody to design the building. A prominent jeweler and art collector, M.H. Atikian moved to Palm Springs in 1949 with his mother with plans to open a new business. Although Atikian was a prominent businessman in Palm Springs, there’s no information to find that he made a meaningful contribution to national, state, or local history.

Therefore, the City Council finds the building does not meet Criterion ii. (Criterion 3) The resource reflects or exemplifies a particular period of national, state, or local history;
During the Post World War II period, architecture in the desert was taking cues from many different movements. Young architects in the valley began experimenting with different building materials and architectural principles to develop their own unique modern aesthetic in the desert.

Materials such as steel and glass started to be used, and the ideals of influential architects like Frank Llyod Wright and his principals on “organic architecture” had an impact. In the case of the M.H. Atikian Building, the design incorporates materials such as exposed stone and redwood that connect to the natural environment. The horizontal emphasis of the building and the use of glass and steel hint at the exposure to design principles of the International Style. Cody’s design of the Atikian building reflects his unique application of specific design trends and thoughts of his time. The City Council finds that the building meets Criterion iii as a significant example of a commercial building that reflects the design aesthetics of the Post World War II period and of desert Modern architecture.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period, or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Because of the removal of some original character-defining features and materials, the City Council finds that the building does not Item 1I - Page 5
Resolution No.____

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July 9, 2024
meet Criterion iv.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The site planning and the design of the two-story commercial building was by master architect William F. Cody. There was an intentional design process and visual appearance that responded to the client’s programming needs for the building and its location on a prominent commercial corner in downtown Palm Springs. Cody’s spirit of experimentation is seen in his design, specifically in the street-facing facades and site circulation. The juxtaposition of the thin glass storefronts sitting on top of masonry walls or planters that flows in and out of the building is an embodiment of the architectural thought during that time, as designers grappled with both Wrightian concepts of “organic architecture” and the visual aesthetics of the International Style.

Cody was a master architect who influenced his age and produced work that possesses high artistic value. There are few examples of his commercial work in Palm Springs. Therefore, the City Council finds that Criterion v is met.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
No information has been provided that the resource qualifies under Criterion vi. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

The City Council was unable to make the findings for Historic Integrity for the site to qualify as a Class 1 (Landmark) historic site.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original Item 1I - Page 6
Resolution No.____

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July 9, 2024
elements aids staff and HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features of the resource are as follows:
• Site design and building placement on a prominent commercial corner. • Flat roof, two-story building
• Horizontal emphasis
• Mixed uses (commercial on the first floor and residential on the second) • Thin, flat roof overhangs (awnings) extending over the sidewalk that wrap around S. Palm Canyon Drive and W. Arenas Road (Note: this feature was rebuilt and reconfigured at the corners. The thickness of the roof does not appear to match historic photographs.) • Stone planters that interact with the glass storefronts o Triangulated hourglass-shaped planter along W. Arenas Road that connects the interior space with the exterior conditions.
• Window display cases
• Diverse paving materials and patterns
• Stone masonry walls on the lower half of the retail facades • Sawtooth shaped storefronts along W. Arenas Road (Note: those along S. Palm Canyon Drive have been removed)
• Second story horizonal siding (Note: original redwood replaced with metal siding) • Glass storefront windows that extend to the ceiling
Non-contributing elements:
• Outdoor metal stairs and concrete landing pad located in the former carport area. • Enclosed courtyard space with stairs to access the second floor (originally an open staircase and open-air courtyard along W. Arenas Road). • Paving stones along S. Palm Canyon which were installed by the City of Palm Springs to match the rest of the street for the “Walk of Stars.”
• Aluminum-framed storefronts in orthogonal patterns where it was originally angled all along S. Palm Canyon and western portions of the storefront on W. Arenas Road. • Style and dimensions of replacement windows on the second floor (originally long ribbon windows).
• Awning supports (the awning supports were originally square steel tubes as shown in the original design.)
• Gutters, downspouts, and flashing details.

SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

Item 1I - Page 7
Resolution No.____

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July 9, 2024
SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 2 Historic Resource:

1. It shall meet the definition of a Class 2 historic site as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as ‘historic’ at the federal, state, and/or county level.

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.

Based upon the foregoing, the City Council hereby designates “The M.H. Atikian Building” located at 120 West Arenas Road, a Class 2 (Historic Merit) Historic Resource (HSPB #147).

ADOPTED THIS NINTH DAY OF JULY, 2024.

SCOTT STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
Item 1I - Page 8
Resolution No.____

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July 9, 2024
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 1I - Page 9

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B143 WITH SAM’S CONSTRUCTION AND 24B144 WITH TED CONSTRUCTION LLC

FOR ON-CALL BUILDING REPAIR AND RENOVATION SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve two Service Agreements No. 24B143 with Sam’s Construction, in an amount not to exceed $950,000, and Agreement No. 24B144 with Ted Construction LLC, in an amount not to exceed $750,000, for on-call building repair and renovation services.

RECOMMENDATION:

1. Approve primary Contract Services Agreement 24B143 (Attachment A) with Sam’s Construction to provide on-call building repair and renovation services in an amount not to exceed $950,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;

2. Approve secondary Contract Services Agreement 24B144 (Attachment B) with Ted Construction LLC to provide on-call building repair and renovation services in an amount not to exceed $750,000 for the initial three-year term beginning July 15, 2024, through July 14, 2027, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms submitted on June 6, 2024, Sam’s Construction (Attachment C) and Ted Construction LLC (Attachment D) are both registered in the State of California.

Item 1J - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Award On-Call Building Repair and Renovation Services Contract BACKGROUND:

The City of Palm Springs requires the services of a contractor to provide on-call building repair and renovation services at various City of Palm Springs buildings and facilities, and due to the extent of services needed to make necessary repairs to existing infrastructure, staff opted to resolicit bids prior to the conclusion of the current contract, as all available contract funds will be expended prior to the expiration date.

Due to the success of the initial on-call contract, awarded in 2022, staff has pursued and is recommending approval of two contract services agreements to address the planned building renovation projects.

STAFF ANALYSIS:

The contracts with Sam’s Construction and Ted Construction LLC are on-call, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-12) was initiated by the City’s Procurement and Contracting Department on May 12, 2024, based on the Department of Public Works specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Seven bids were received by the June 6, 2024, deadline as follows:

Vendor Bid
Sam’s Construction – La Quinta, CA $1,296,260.00
Ted Construction LLC – Palm
Springs, CA
$1,487,200.00
MPG Construction – San
Bernardino, CA
$1,575,620.00
PUB Construction, Inc. – Diamond
Bar, CA
$1,770,000.00
M. Brey, Inc – Beaumont, CA $2,051,720.00
AMTEK Construction – Orange, CA $2,233,721.60
CALTEC Corp. – Westminster, CA $2,262,960.00
The department’s intent for this solicitation was to award two contracts to the two lowest responsive, responsible bidders. Sam’s Construction will be the primary contract and Ted Construction LLC will be the secondary. The department will reach out to the primary contract holder first and if they are unable to perform the work due to workload, the department will reach out to the secondary contract holder.

The unit pricing is fixed for the first year and subject to CPI increase in the following years.

Item 1J - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Award On-Call Building Repair and Renovation Services Contract Staff recommends approval of a Contract Services Agreement No. 24B143 with Sam’s Construction for the initial three-year term in the amount not to exceed $950,000 as the primary, effective July 15, 2024 through July 14, 2027, subject to two one-year optional renewals at the sole discretion of the City and Contract Services Agreement No. 24B144 with Ted Construction LLC for the initial three-year term in the amount not to exceed $750,000 as the secondary, effective July 15, 2024 through July 14, 2027, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2A – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 accounts 5206570- 40105, and 5206570-50119, and will be budgeted in subsequent fiscal years.

REVIEWED BY:

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

A. Contract Services Agreement No. 24B143
B. Contract Services Agreement No. 24B144
C. Public Integrity Disclosure – Sam’s Construction
D. Public Integrity Disclosure – Ted Construction LLC
Item 1J - Page 3

ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 24B143

ON-CALL BUILDING REPAIR AND RENOVATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 15, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Samuel Saucedo Galvan dba Sam’s Construction, a California Sole Proprietor, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call building repair and renovation services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call building repair and renovation services, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

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

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $950,000.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.

Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is 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 Contractor’s profession.

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

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 Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the 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 Contractor notification, the 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.

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Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on July 15, 2024, and ending on July 14, 2027, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any 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 provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of 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.

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

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

Name: Title:
(to be determined)

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified 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 Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor 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 Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

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8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The 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 nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and 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.

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 contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default Item 1J - Page 10

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

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

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

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 Contractor: Sam’s Construction
Attention: Samuel Galvan
53910 Avenida Herrera
La Quinta, CA 92253

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

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

11.4 Severability. Whenever possible, each provision of this Agreement 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 Item 1J - Page 11

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competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

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

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]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND SAMUEL SAUCEDO GALVAN DBA SAM’S CONSTRUCTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

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

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:

The City requires the services of a contractor to provide on-call building repair and renovation services at various City of Palm Springs Building and Facilities.

1.2 Scope:

A. Contractor shall furnish labor, materials, and equipment to perform building repairs and minor renovation (Work) on an as-requested basis in city facilities. The scope of Work shall include, but is not limited to carpentry, demolition, drywall, concrete block, stucco, asphalt, finishes and other work normally under the supervision of a general construction contractor. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.

D. Response time: Contractor shall respond to calls for service as follows:
a. Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses include weekends, after-hours and holidays.

E. Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

F. Historic Properties: Contractor shall have knowledge of the City of Palm Springs Historic buildings and the various historic classifications that shall define and outline the repair and improvements allowed.
a. Contractor shall discuss all modifications with the Project Manager prior to commencement of work.
b. Contractor shall make themselves aware of the City’s historic properties:https://www.palmspringsca.gov/government/departments/planning/hist oric-resources/historic-properties
G. Correction of work deficiencies:
a. Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

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c. In addition to the Contractor’s other obligations, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

H. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

I. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.

J. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

K. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

L. Security:
a. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. b. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

M. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

N. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

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b. Contractor vehicles must display company logo and name.

O. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract.

1.3 Bonding:

A. For any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

B. The Payment Bond and Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: PropertyCasualty.

C. Contractor shall deliver, concurrently with City’s approval of any Task Order over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Payment Bond and Performance Bond, a certified copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

1.4 Pricing:

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

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

3. Project work will be authorized on a Task Order basis. The City will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The City will authorize the work via a signed Task Order form and corresponding release purchase order.

4. The City will only pay for the items listed on the bid form, and permit and disposal fees.

This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will Item 1J - Page 17

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not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.5 Payment:

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

1.6 Invoicing:

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

1.7 Special Security Requirements:

1. Police Department:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor.

Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the Item 1J - Page 18

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individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
Item 1J - Page 19

Page 16 of 31 ends

iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

Item 1J - Page 20

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Item 1J - Page 21

ATTACHMENT G
BlDFORM
IINVITATION FOR BIIDS (IIFB, 2.4.12)
ON..CALL B1UIII..DIKG REPAJR AND RENOVATION SERVICES
Responding to this IFB for on-call building repair and reno,vation services, the undersigned bldder pr,oposes and agrees to provide the seMcoo and wmk in accordance with the specifications. Bidder p11~poses and agrees to furnish all labor, equipment, materials, supervlsfo'.n, and ,servloe necessary to oom plete said Work il'l accordar,oe with ttie, Speoiflcations of the City of Palm Springs and wral accept as full payment therefore, th:e t:0Uowi11g unit cos amounts. The City o,f Palm Springs will no1 accept any addlitional charge$, fee:::., etc, tllat aire l1i0t al ady included or incorporated In the bel,ow unit ooots.

ESTIMATE UNIIT ITEM ID ESC RI PTilON UNIT IJ PRICE SUBTOTAL QUAN171TY ,r,
1 Superinten:d'ent Regular Billing
Rate {7:00AM - 5;00PM) 17R 2,080 s%•C6 1:1.
l ?G,()/]j
2 Superintendent Overtime Billrlng:

Rate (5'.00PM - 7:00AM) HIR 80 11'112-7~s (I '
{,Q _UXJ
3 Superintendent Holiday BrJling
Rate (Salu!fdayfSunday/
Hofidays)
HR 80 ~/27~5 lid, Z£ij
4 General Foreman R,egular Billiing
Rate (7:00AM- 5:00PM) HR 4,1•60 $ cs·ru ~'J.,. 7 Q { lf (.(J 5 Gene ail Foreman Overtime HR 60 Bil ing Rate (S:00PM-7.:O0AM) J 97,) ~·7,gco '6 General Foreman Holiday Billing
Rate (Saturday/Su ndlaiytHoliday) IHR 80 l'f7.S (?~ ·{too 7 Carpenter Regular ~mng Rate HR 1,040 5-r 00 (7:00AM - 5:00PM) 'sq_.2.go ' 8 Carpenter Overtime Bill Ing R,;1~e
{5:00PM - 7:00AM) HR 80 .eft,gs .!) le . ./,~'-Jl>
9 carpenter lio.llday Bil Ing Rat.e
(Saturday/Sunday/Holiday} HR 80 1%~s 'c .nB'C/0 .
10 Laborer Regular Bllrung Rate hlR 1,040 a '!S·dY (7:00AM - 5:00PM) f %,<ta? ' 11 Laborer Overtime Bfmng Rate HR 80 (5.: 00PM - 7:00AM) { ca.s 11/sf{oo 12 Laborer Holiday Billing RatEi
(Saturdlaiy/Sunday/Holiday) HR 80 i ~).S 1t:,L(OO

Page 18 of 31 ends

Item 1J - Page 22
13, '% 0010 0 f .(6
Equip · --n:t Rental (Enter your %
mark-up for quipmerit rent l )
4 1" (Example ·for 1 0% ,enter 1. 1 O; ·for % $50,000 ; . 2 em 20; for 25,% ,en r .25) Suboontracto:r (lin~e your % ' mark~up ro I bconlractors) . 25 15 (Exampl or 100/4 &tit.er 1.1 o: for % 501 ,iOOO . - 20% ,enter 1.20; for :25% enter

1.25)
"NOTE: Th" bid fom11 Is to determine l lowes_ bidder d . be used unit prices. The oont11 et will be set a the City budget amo1Jn iFim,N _ I e:_ .,Sqt~ Can+f"tJ(.f.;cJ,J
DIR u
PW-LR-1001182968
Sig atL•re of Authorized Person; :::;.~---
Pri , ed am : ~~fl"\V_·. (_(~c01I Vlr/·-·-
Tdle: Own.t C
5Sa£1 ~ .
1'67,y:,o

Page 19 of 31 ends

EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1J - Page 23

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INSURANCE

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

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

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

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

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

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

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

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required Item 1J - Page 24

Page 21 of 31 ends

to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, 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 Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

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

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

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

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

Item 1J - Page 25

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

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

Item 1J - Page 26

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EXHIBIT “C”
Item 1J - Page 27
AlTACH JENT F
EXECUTIVE ORDER N.18-·22 CERTIF CAJlON'
IINrVilATION FOR BIDS (IFB 24-1:2)
ON-CA.LL IBUILDIING1 REPAIR AJND !RENOVATION :SERVICES, Executlv,e Order N-6-22 issued by Go,vemor Gavin Newsom on Maret, 4~ 2022, directs all age e-s a d deparbne11ts that are subj'ect to the Governor's aulhority to (.a) tenninate, any contracts wlth any indi'!lliduals or entities ttilat are determin.ed to. ba a target of economic sanctio a. against Russia and R sstm entities and i1ndividuia1ls; a11d {b) refrain from entering1 im:o, any new contracts with such individuals, •or en · i.es while the aforementioned sa ctions, are· in effect
Executive Order Nl-'6-22 aJlso irequire:s ·that any comrarnor that (1) c1JrrenUy lhas a oonlract with t: e City· of !Palm Sp 1i11gs fiun:ded through grant fiUnds pr-ovided by ·the State of C _ _llfomia; a rtd/or (2} s1.1bmits a bid ,or proposal or -otherwise proposes to or enter into or rienew a 1contraci ,wh ·Uie· City of Palm Springs with State or· Callifomia grant funds, certify that the person lis not the target oif any- economic sanctions agains.t Russia and Russian entities and illdivlduals.

The C(ll'l!tractor hereby certifiies, S1UBJECT r:o PE MAL lY FOR PERJURY, that a) tile oo:ntractor Is not a targ:et of any economf.c sainciions .against RussJa:n and R1.1ssJan e11 iU:es and ind11Vid als as disoussed in Exec: tive Order N-6-22 and b} the person signing below is duly aurthorlzed to legally blnd the Con:tractor. This eertifh::atlon s made uncler t; e laiivs 01f the State 0 1f callifomia.

Signature:~tLtt.--
f rinted Name~(-&' / hct:{\/t\J
Tit~:_0_1 ...... ~ ..... & ..... ·--··. ,.L-c: _· - - ----- !Firm Name:$;:vn ~ &fl 5+~
Date: cis/4 ({

Page 24 of 31 ends

EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows:

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a
corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of ________________________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Item 1J - Page 28

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of __________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY:

By: By:

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

signature
(NOTARIZED)
Print Name and Title:

Item 1J - Page 29

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California if
different from above)
(Telephone Number of Surety and
Agent or Representative for
service of process in California)
Item 1J - Page 30

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me, ,
Date Name, Title of Officer
personally appeared ,

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

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

Witness my hand and official seal.
__________________________________
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above_____________________________________________________ A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy or validity of that
document.

Item 1J - Page 31

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EXHIBIT “E”
PERFORMANCE BOND – PUBLIC WORKS

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
,
a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of ______________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications.

No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Item 1J - Page 32

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PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of ___________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: SURETY:

By: By

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

By:

signature
(NOTARIZED)
Print Name and Title:

By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 “Default by the Contractor”, as further amended by the Special Provisions.

PERFORMANCE BOND – PUBLIC WORKS
Item 1J - Page 33

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(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

Page 31 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me,
Date Name, Title of Officer
personally appeared ,

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

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy or validity of that
document.

Item 1J - Page 35

ATTACHMENT B

Item 1J - Page 36

Page 1 of 31 ends

CONTRACT SERVICES AGREEMENT 24B144

ON-CALL BUILDING REPAIR AND RENOVATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 15, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and TED Construction, LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call building repair and renovation services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call building repair and renovation services, under the terms of this Agreement.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

2. TIME FOR COMPLETION
Item 1J - Page 37

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3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Item 1J - Page 38

Page 3 of 31 ends

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

5. COORDINATION OF WORK

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

Item 1J - Page 39

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Name: Title:
(to be determined)

5.6 California Labor Code Requirements.

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

Item 1J - Page 40

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7. INDEMNIFICATION.

8. RECORDS AND REPORTS

Item 1J - Page 41

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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.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

Page 7 of 31 ends

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

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: TED Construction LLC
Attention: Robert Lee
1090 N. Palm Canyon Dr., Suite F
Palm Springs, CA 92262

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

Page 8 of 31 ends

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

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

Page 9 of 31 ends

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND TED CONSTRUCTION LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

Page 10 of 31 ends

EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1J - Page 46

Page 11 of 31 ends

1.1 Background:

The City requires the services of a contractor to provide on-call building repair and renovation services at various City of Palm Springs Building and Facilities.

1.2 Scope:

E. Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

Item 1J - Page 47

Page 12 of 31 ends

c. In addition to the Contractor’s other obligations, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

Item 1J - Page 48

Page 13 of 31 ends

b. Contractor vehicles must display company logo and name.

1.3 Bonding:

1.4 Pricing:

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

4. The City will only pay for the items listed on the bid form, and permit and disposal fees.

Page 14 of 31 ends

not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.5 Payment:

1.6 Invoicing:

1.7 Special Security Requirements:

1. Police Department:

Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Page 15 of 31 ends

Page 16 of 31 ends

Item 1J - Page 52

Page 17 of 31 ends

Item 1J - Page 53

ATTACHMEINT G

BID FORM
IINVITATIIONI FOR BIDS (IFB 24-12)
ON-CALL BUILDING RBPAIR A!ND RENIOVATIIONI SERVICES
R,espooding to this I FB fo:r on-cal I bu:i ldi111g repair and renovation services, the undersig111ed bidder proposes and agrees to provide the services and work in accordance with fhe speoifica.tians.

Bidder proposes and agrees to furnish all labor, equipment, materials, supervisron, and service necessary to• ro 1p ete said Work en acrordance with the Specifications of the City or Pa rn Springs and wi[I accept as full payment therefore, 1he following unit ,c,ost amounts. The City of !Palm Springs will not accept a111y additiooal chaiyes, fees, etc. that are not already included or incorporated in the below unit costs.

ITEiM DESC RIPTIIONI UNIIT ES.TIIMA TIED UNIT PRICE SUBTOTAL QUA!NTIITY 1 Superintendent Regular Billi ngI HR 2:,()80 $125 260,000 Rate (7:00AMI - 5:00PM) 2 Superintendent Overtime Bilflng HR 80 W1.5 $15,000
Rate (5:00IPMI - 7 :00AMl
Superintendent Holiday Billing
3 Rm.e HR 80 W7.5 $15,000
(Saturday/Sunday/Hal idays),
4 General Foreman IRieg1ula r Bi !ling HR 4,160 7 5 5312,000 Rate (7:00AMI - 5:00PM) 5 General f ,oreman Overtime HR 80 $11 2.5 $9,000 Billinci Rate (5:00PM - 7:00AIMl 6 General Foreman Holiday Billing HR 80 $11 2.5 $9,000 Rate (Saturda.v/SundavlHofldav), 7 Carpenter Reg;ullar Billing Rate HR 1,040 $75 $78,000 f7:00AM - 5:00IPM\ 8 Carpenter Overtime Bi !ling Rate HR 80 $11 2.5 $9,000 (5:00PMI - 7:00AM) 9 Carpenter Holiday Billinc:i Rate HR 80 $11 2.5 $9000

Page 18 of 31 ends

Item 1J - Page 54
,satu:rdav/Sundav/iHdl idav)
10 ILabo:rer Regular Bill ing Rate HR 1,040 $40 $41,600 f7:00AM - 5:00PM} H !Laborer Overtime Billing Rate HR 80 $60 $4,800 f5:00PM - 7,00AM) n laborer Hoflday Bui ling Rate HR 80 $60 $4,800 ,saturday/Sunday/iHdl iday} Parts and Materials 0Enter your
'% mark-lJlp for parts & materials)
n (Example for 110% enter 1 .1 O; for % $400,000 1-2 _480,000 20% enter 1.20;, for 25% enter
'1.25)
Equipment Rental (Enter your %
mark-up for equipment rentals)
14 (Example for 110% enter 1.1 O; for % $50,000 1.2 $60,000 20% enter 1.20;, for 25% enter
'1.25)
Subcontractor (Enter your %
mark-up for subcanuactors ),
15 (Example for 110% enter 1.1 O; for % $1150,000 1.2 5180,000 20% e 1ter 1.20; for 25% enter
'1.25)
TOTAL (Enter tihis aniount iin Plane~Biids) 51 ,487,2000 *NOllE: This bid form is to determrne the lowest bidder and w~I be us,ed to estab ish the co ,tracit unit prices. The oontraot will be set at the City budget amount.

Firm Name: TED Construction Co.

DIIR .umber:.PW-LR-10011 8461
\
Signature of Authorized !Person:

Printed Name: Robert Lee
Title: Owner
Date: 615/24

Page 19 of 31 ends

EXHIBIT “B”

Page 20 of 31 ends

INSURANCE

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

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

Page 21 of 31 ends

to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

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

Item 1J - Page 57

Page 22 of 31 ends

Item 1J - Page 58

Page 23 of 31 ends

EXHIBIT “C”
Item 1J - Page 59

ATTACHMENT F
EXECUTIVE ·ORDER IN-6-22 CIERTIFICATION
INVllTATION FOR BIOS (IFB 24-12)
ON..CALL BUILDING REPAIR AND RENOVATION SBRVICES
Executiive Order IN-6-22 Issued by Govemor Gavfn Newsom on March 4, 2022, directs a.II ag.encies and departments 1hat are subjectto the Governors autlhoricy to (a) terminate any contracts with .any individuals or entities that are determined to be a target ,of economic sancti:ons against Ru;ssia and Russ-ian ,enti1ties and individuals; and (b) refil'a:i n n--om entering ·nt,o any new contracts with such individuals or entities while me aforementioned sanctions are in effect.
!Executive Order N-6-22 also requires that any ,oontrado:r that: (1) currently has a contract with1 ~he City of Palm Springs funded through grant. funds provided by the Stat:e of California; and/or {2) submits a bid or proposal or otherwise proposes to or enter into or renew a 0011tract with Ire Ciity of Palm Springs wJth State of California grant funds, certify that the person ·is not the target of any economic sanctio!l!s against R1.1ssia and Russian entities and indiv·dualls ..

The ,contractor hereby certifies, SUBJECT TO P1ENALTY FOR PERJURY, that a)1 1he ,oontractor is not a target of any 8CQnomic sanctions against Russi.an and Russian entities and indivrduals as discussed in Executive Order N-6.;22 and b) tile person signing below is duliy auilhorfiz:"'8d to legall,y bind the Contractor. This oertificatiorn 1s made, under the laws oJ ihe State of California.

S. +., ~L--- -1gnawre: _______ ' ·-------------
Printed Name: Robert Lee
Title: Owner
Firm Name: TED Construction Co.

Oate: 615/24

Page 24 of 31 ends

EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

Item 1J - Page 60

Page 25 of 31 ends

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

SIGNED AND SEALED, this ____ day of __________________, 20____.

CONTRACTOR:

By: By:

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

signature
(NOTARIZED)
Print Name and Title:

Item 1J - Page 61

Page 26 of 31 ends

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

Page 27 of 31 ends

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me, ,
Date Name, Title of Officer
personally appeared ,

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

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Item 1J - Page 63

Page 28 of 31 ends

EXHIBIT “E”
PERFORMANCE BOND – PUBLIC WORKS

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
,
a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of ______________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Item 1J - Page 64

Page 29 of 31 ends

SIGNED AND SEALED, this ____ day of ___________________, 20____.

CONTRACTOR:

By: By

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

By:

signature
(NOTARIZED)
Print Name and Title:

Item 1J - Page 65

Page 30 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

Page 31 of 31 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me,
Date Name, Title of Officer
personally appeared ,

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

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Item 1J - Page 67

ATTACHMENT C

Item 1J - Page 68
Item 1J - Page 69

1. 2.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
6om·s Con&tvu r-h-,) n
Address of Entity (Principal Place of Business)
~Z::£J,n Avori1rl11 .J.lovvnvtt 1,J ~, 1-,nttL C.t\ ct;JaS3

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

4. State where Entity is Registered with Secretary of State OoJ}fuv n i~
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity So\t.. :pvopvi«-+o¥"
D Corporation D Limited Liability Company D Partnership D Trust 00 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
~amu_tt t:iDJ ✓~ t't D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
OOother Du.}oa"'~
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity Item 1J - Page 70

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
~CJIU l 6a \~an \DD0
lo ~ClM';":> CbO';ivll.L:h o 0
[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 '6---/( .£-- u ISl;;l4
Seirl\v-t l C"?<\ I w\v c> v-,i,,izf'....

ATTACHMENT D
Item 1J - Page 71
Item 1J - Page 72

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
1 r D Co f\~tc~c\'1D ["\

2. Address of Entity (Principal Place of Business)
\Ql{O A) f ulJ.\ {0.11,yo" 0,. 1 S~k( f. , f a\f'\ ~r<··~~.,c,A qzUti

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

4. State where Entity is Registered with Secretary of State t At-,1 ~~.-i I«
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
D Corporation ~ 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
~~ LLef D Officer D Director D Member ~ nager
[name] D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
'
• Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
Item 1J - Page 73

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.
~B,~1' ~ \ 00 '{. :m, t,o,t\'(~v(lV,-.,t (....£..e ..
[name of owner/investor] [percentagJ 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
Ro '31!. R..'1 L€f: 1 Ow M)C
1,~
Date
~Js/Z!:t

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS

RETIREE UNFUNDED ACCRUED LIABILITY (UAL)
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

The City of Palm Springs makes payments to CalPERS annually toward the Unfunded Accrued Liability (UAL). CalPERS allows municipalities an option to make a discounted lump sum payment instead of making the traditional twelve (12) monthly payments. By electing to make a lump sum payment of $16 million by July 31, the Director of Finance and Treasury estimates the savings at approximately $535,900.

RECOMMENDATION:

Receive and file.

STAFF ANALYSIS:

CalPERS employer contributions is the sum of the Normal Cost Rate and the Employer Unfunded Accrued Liability Contribution. These amounts are determined through an Actuarial Valuation managed by CalPERS. The City is invoiced by CalPERS and given the option to make 12 monthly payments, or to make one lump sum payment by July 31.

Net savings of approximately $535,900 is expected in Fiscal Year 2024-25. Prior year savings by making this lump sum payment was approximately $466,200 and the total lump sum payment was $13.9 million.

The Director of Finance and Treasury is recommending making the lump sum payment of $16 million for a savings of $535.900.

ALIGNMENT WITH STRATEGIC PLANNING:

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

Item 1K - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
CalPERS Lump Sum Payment
FISCAL IMPACT:

The early lump sum annual payment of $16 million has been budgeted throughout the appropriate City Funds.

REVIEWED BY:

Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:

None.

Item 1K - Page 2

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 7 TO THE AIRPORT CAR RENTAL

CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT
NO. 8 FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL

AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve Amendment No. 7 to the existing car rental concession agreements as well as Amendment No. 8 for Avis-Budget, which will extend the term of the agreements for an additional year, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) at Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 7 and Avis-Budget Amendment No. 8 (Attachment A) to all Airport rental car concession agreements doing business as either car rental agencies at the Airport which includes:
• Avis/Budget Car Rental, LLC (Amendment No. 8)
• The Hertz Corporation (Amendment No.7)
• Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 7)
• Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 7) • DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 7)

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for each of the rental car companies is included as Attachment B.

Item 1L - Page 1
BACKGROUND:

The original Rental Car Agreements were approved after a Public Bid in 2011, with an initial term ending on June 30, 2014. At the request of City staff, the City Council has approved six subsequent term extensions:
• Amendment No. 1: Extended through June 30, 2017
• Amendment No. 2: Extended through June 30, 2020
• Amendment No. 3: Extended through June 30, 2021
• Amendment No. 4: Extended through June 30, 2022
• Amendment No. 5: Extended through June 30, 2023, with two one-year extension options.
• Amendment No. 6: Extended through June 30, 2024, with two one-year extension options.

The car rental concession program at the Airport has historically been one of the largest sources of Airport revenue. As Palm Springs is an inbound leisure tourism market, approximately two-thirds of enplaned passengers are visitors, who are the primary customers for car rental companies. In 2019, record passenger traffic led to significant revenue generation for car rental companies. However, the COVID-19 pandemic caused an unprecedented drop in airline passenger traffic in 2020, severely impacting car rental transactions and gross receipts. Consequently, the Minimum Annual Guarantee (MAG) was waived during this period. Traffic and gross revenues have since more than fully recovered from pre-pandemic levels, with 2023 passengers 126% of 2019 levels and gross receipts at 141% of 2023 levels:

Calendar
Year
Enplaned Passengers Transactions Gross Receipts
2019 1,287,474 259,028 $74,399,672
2020 632,316 138,373 $44,692,255
2021 1,047,643 174,960 $70,657,398
2022 1,500,618 277,405 $104,149,629
2023 1,624,012 258,670 $104,669,120
The Airport is currently planning a major expansion of the baggage claim area, which will enhance the efficiency and capacity of the baggage claim operations. The baggage claim expansion project requires the temporary relocation of the rental car ticket counters and a portion of parking spaces to accommodate construction activities. Given the upcoming changes and the subsequent move to the new Consolidated Rental Car Facility (CONRAC), extending the current rental car agreement for an additional year is essential.

This extension will minimize operational disruptions during the transitional period, ensure Item 1L - Page 2
consistency of service for passengers, and allow for a more comprehensive and informed Request for Proposal (RFP) process once the temporary operations are established and the CONRAC design is finalized. This approach will enable the Airport to provide prospective bidders with a clear understanding of the new operational environment, ultimately leading to better long-term outcomes for the Airport and its stakeholders.

STAFF ANALYSIS:

Airport staff recommends reinstating the MAG provisions from the original agreement because the rental car industry is no longer in distress from the COVID-19 pandemic, as evidenced by gross receipts for 2023 being at 140% of their pre-pandemic levels.

More specifically, Airport staff recommends reinstating the MAG of 95% of the prior year’s gross receipts effective July 1, 2024. Under this proposed Amendment, the rental car concession fees, to be paid monthly (the “Monthly Percentage Payment” as defined in the Rental Car Agreements), will now be calculated as the greater of either one-twelfth of the MAG or 10% of actual gross receipts, instead of 10% of gross receipts in place as when the MAG was waived. The Monthly Percentage Payments will be reconciled annually pursuant to Section 5.11 of the Operating and Lease Agreement for Operation of a Car Rental Concession to ensure the Annual Percentage Payment is the greater of the MAG or 10% of actual gross receipts. This change will reinstate the original financial provisions of the Rental Car Agreements. In addition to the Monthly Percentage Payment, fixed rents are charged to each car rental agency based on the amount of space occupied and facilities used.

Additionally, staff recommends adjusting the terminal area rates based on Section 5.03 (D) of the Rental Car Agreements. Pursuant to Section 5.03 (D), facility rental rates are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date. This adjustment will generate increased rent revenue for the Airport consistent with inflationary increases, ensuring financial sustainability and support for ongoing operations and improvements.

The recommended new terminal and facility rates as of July 1, 2024 follow:

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. annually $109.00 per sq. ft. annually Service Facilities $1.40 per sq. ft. annually $1.46 per sq. ft. annually Ready Return
spaces $2,262.03 per space annually $2,359.30 per space annually Overflow Parking
Spaces $2.43 per space per day $2.53 per space per day
Item 1L - Page 3
The amendments will be communicated to the rental car companies once approved by City Council. Furthermore, staff intends to issue a Request for Proposal (RFP) through Planet Bids prior to the termination date to ensure a transparent and competitive procurement process that aligns with the organization’s operational and sustainability goals.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

This action should result in Airport Revenues of approximately $9,699,257.35 from car rental gross revenue and $ $1,533,325.66 for leased space and other fees, for a total of $11,220,582.19 in Fiscal Year 2024-25.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Car Rental Lease Amendments No. 7 and Avis-Budget Amendment No. 8 B. Public Integrity Disclosure Forms
Item 1L - Page 4

ATTACHMENT A
CAR RENTAL LEASE AMENDMENTS NO. 7 AND
AVIS-BUDGET AMENDMENT NO. 8
Item 1L - Page 5
AMENDMENT NO. 8 TO OPERATING AND LEASE AGREEMENT NO. A6110

AVIS BUDGET CAR RENTAL, LLC

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 8 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6110, (“Agreement”), is made and entered into this 1st day of July, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and AVIS BUDGET CAR RENTAL, LLC, a Delaware limited liability company, doing business as AVIS RENT A CAR SYSTEM, LLC and BUDGET RENT A CAR SYSTEM, INC. (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 6 Sylvan Way, Parsippany, New Jersey, 07054. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective January 1, 2016, City and Tenant entered into that certain Amendment No. 2 to lease 130 square feet of customer counter space on a seasonal basis through April 30, 2016, and from January 1, 2017, through April 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2023 through June 30, 2024, pursuant Item 1L - Page 6
to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 7.

WHEREAS, the Parties wish to amend the Agreement to extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025, pursuant to City’s first extension option under Amendment No. 7, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in this Amendment No. 8.

AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:

Term: Extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025.

Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.

Lease Rates:

Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. $109.00 per sq. ft.

Service Facilities $1.40 per sq. ft. $1.46 per sq. ft.

Ready Return spaces $2,262.03 per space
annually
$2,359.30 per space
annually
Overflow Parking
Spaces
$2.43 per space per
day
$2.53 per space per
day
Reinstatement of the Minimum Annual Guarantee (MAG):

Effective as of July 1, 2024, the Minimum Annual Guarantee shall be reinstated for the Term of the Agreement. The Minimum Annual Guarantee shall be collected in the amount and pursuant to the procedures outlined in Section 5.01(A) of the Agreement, as modified by Amendment No. 1.

Item 1L - Page 7
Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1L - Page 8
SIGNATURE PAGE TO AMENDMENT NO. 8 TO AGREEMENT NO. A6110 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND AVIS BUDGET CAR RENTAL, LLC IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature

Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: __________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: ________________________ City Manager
Item 1L - Page 9
AMENDMENT NO. 7 TO OPERATING AND LEASE AGREEMENT NO. A6111

THE HERTZ CORPORATION

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 7 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6111, (“Agreement”), is made and entered into this 1st day of July, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and THE HERTZ CORPORATION, a Delaware corporation, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.

WHEREAS, the Parties wish to amend the Agreement to extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025, pursuant to City’s first extension option under Amendment No. 6, adjust certain fixed rent charges, and Item 1L - Page 10
reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in this Amendment No. 7.

Term: Extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025.

Lease Rates:

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. $109.00 per sq. ft.

Service Facilities $1.40 per sq. ft. $1.46 per sq. ft.

Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and Item 1L - Page 11
that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1L - Page 12
SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT NO. A6111 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND THE HERTZ CORPORATION IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature

Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: __________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: ________________________ City Manager
Item 1L - Page 13
AMENDMENT NO. 7 TO OPERATING AND LEASE AGREEMENT NO. A6112

ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC

DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 7 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6112, (“Agreement”), is made and entered into this 1st day of July, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC, a Delaware limited liability company, doing business as ALAMO RENT A CAR AND NATIONAL CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

Item 1L - Page 14
WHEREAS, the Parties wish to amend the Agreement to extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025, pursuant to City’s first extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in this Amendment No. 7.

Term: Extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025.

Lease Rates:

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. $109.00 per sq. ft.

Service Facilities $1.40 per sq. ft. $1.46 per sq. ft.

Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental Item 1L - Page 15
disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1L - Page 16
SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT NO. A6112 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR

COMPANY OF LOS ANGELES, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature

Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: __________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: ________________________ City Manager
Item 1L - Page 17
AMENDMENT NO. 7 TO OPERATING AND LEASE AGREEMENT NO. A6113

ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC

DBA ENTERPRISE RENT A CAR

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 7 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6113, (“Agreement”) is made and entered into this 1st day of July, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, a Delaware limited liability company, dba ENTERPRISE RENT A CAR, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, the Parties wish to amend the Agreement to extend the term or one additional year, commencing on July 1, 2024, through June 30, 2025, pursuant to City’s Item 1L - Page 18
first extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in this Amendment No. 7.

Term: Extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025.

Lease Rates:

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. $104.96 per sq. ft.

Service Facilities $1.40 per sq. ft. $1.46 per sq. ft.

Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Item 1L - Page 19
Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1L - Page 20
SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT NO. A6113 BY AND

BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR

COMPANY OF LOS ANGELES, LLC DBA ENTERPRISE RENT A CAR
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature

Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: __________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: ________________________ City Manager
Item 1L - Page 21
AMENDMENT NO. 7 TO OPERATING AND LEASE AGREEMENT NO. A6114 DTG OPERATIONS, INC. DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL

FOR OPERATION OF A CAR RENTAL CONCESSION

AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 7 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6114, (“Agreement”), is made and entered into this 1st day of July, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and DTG OPERATIONS, INC. an Oklahoma corporation, doing business as DOLLAR RENT A CAR and THRIFTY CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.

RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.

WHEREAS, the Parties wish to amend the Agreement to extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025, pursuant to City’s first extension option under Amendment No. 6, adjust certain fixed rent charges, and Item 1L - Page 22
reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in this Amendment No. 7.

Term: Extend the term for one additional year, commencing on July 1, 2024, through June 30, 2025.

Lease Rates:

Current Rates Rates as of 7-1-24
Terminal Area $104.51 per sq. ft. $109.00 per sq. ft.

Service Facilities $1.40 per sq. ft. $1.46 per sq. ft.

Covenant Against Discrimination:

In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and Item 1L - Page 23
that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.

Full Force and Effect:

Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.

Corporate Authority:

The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1L - Page 24
SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT NO. A6114 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DTG OPERATIONS, INC.

DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.

TENANT:

By: __________________________ By: ___________________________ Signature Signature

Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: __________________________ City Attorney City Clerk
APPROVED:

By: ____________________________ Date: ________________________ City Manager
Item 1L - Page 25

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE FORMS
Item 1L - Page 26

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

AVIS BUDGET CAR RENTAL, LLC
Address of Entity (Principle Place of Business)
6 SYLVAN WAY, PARSIPPANY, NEW JERSEY,
Local or California Address (if different than #2)
513 Eccles Avenue, South San Francisco, CA 94080
State where Entity is Registered with Secretary of State

DELAWARE
If other than California, is the Entity also registered in California? fxl Yes n No Type of Entity
D Corporation [XI Limited Liability Company D Partnership D Trust D other (please specify)

PLEASE SEE ATTACHED
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
□ other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
-~t"4l1,011.ll't- ~~
I I
'
-
'
-
'
-
- -
-
Item 1L - Page 27
/

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.
[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.
(Revised 09 13.18)
Date

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM
Signature 5, Printed Name, Title
Item 1L - Page 28
Avis Budget Car Rental, LLC
Date
06/01/2022 Company Profile
Main Details
Name: Avis Budget Car Rental, LLC
QuickRef: AVISBUCARL
Country: United States
Region: Delaware
Tax ID: 22-3475741
Incorporated: 04/29/1996
Company Type: Limited Liability Company
Company Status: Active
Dissolved:

Primary Addresses
Registered: 251 Little Falls Drive, Wilmington DE 19808, United States Primary: Parsippany, New Jersey, 07054
Accounting Dates
Accounting Dates:

Annointments
Mar''lagEirilerlt Boi:ird
1·• Last PefiOd End' ·• I Clitrerit Peridd End·;- j,·- LastEX.tended 'Name.,. .,-: -•-_,;• ::· _,; ·:,: �--,,,_-,:-_--<'···-;:,:::,.-;-::> :·<;'."_-·.•_:-: QuickRef l-POSition-0 •
Choi, Brian CHOI-B l Mana"ner
Ferraro, Josenh Anthonv FERRARO-JA I Mana-ner
Officers·<, i·i;c:<:<· -<�·-' -:>> \�-::;:c-,•::-:<-'i'ci:;:::7?:-.- : .c::,.,-.i -·,::,:c:·: << ' Ni.I.me QuiCkRef POsitiOn<
:(·:

Blaskey, David D. BLASKEY-DD Senior Vice President, Development and lntenration
Calabria, David T. CALABRI-DT Senior Vice President
Treasurer
Choi, Brian CHOI-B Chief Financial Officer
Coss, Tom COSS-T Car Sales Mananer
DeGenova, Cathleen DEGENOVA-C Chief Accountina Officer
Ferraro, Jos�h Anthon" FERRARO-JA Chief Executive Officer President, Americas
Gall�her, Paul GALLAGHE-P Assistant Secretarv
lnsall, Gerard INSALL-G Executive Vice President and Chief Information Officer
Linnen, Edward P. LINNEN-EP Executive Vice President and Chief Human Resources Officer
Martins, lzilda P. MARTINS-IP Executive Vice President, Americas Morrison, Anne MORRISON-A Vice President
Muhs, Robert E. MUHS-RE Vice President and Assistant Secretarv Nierenbern, Gre,.,,., NIERENBE-G Vice President
Palumbo, Jeannine PALUMBO-J Director, Tax
Panicoe, Suzanne PANICOE-S Assistant Secretarv
Sera, Jean Marie SERA-JM Senior Vice President
General Counsel and Secretarv
Other.PoSltio"ns·:: :-,
Name· :

QllickRef P:Ositiori
Blaske", David D. BLASKEY-DD Power of Attornev
Koiffman, Mauro KOIFFMAN-M Power of Attornev
Marsili, Massimo MARSILI-M Power of Attornev
Muhs, Robert E. MUHS-RE Power of Attornev
Sera, Jean Marie SERA-JM Power of Attorne"
Other:sr,:;r1atories
Name·.:i><<:_;:>.:::::·._ - .QulckRef Y POSiticin
Bi�as, Bria;;et BIAGAS-B Authorized Sianatorv
Blask�. David D. BLASKEY-DD Authorized SianatolV
Brown, James BROWN-J 0001 Authorized Sianatorv
camnbell, BIV It CAMPBELL-B Authorized Sianatorv CamMan, Dennis CORRIGAN-D Authorized SinnatO"'' Feelet/, Michael FEELEY-M Authorized SinnatO"''
Finkel, Lvnn B. FINKEL-LB Authorized SinnatO"''
Gall°anher, Paul GALLAGHE-P Authorized Sinnat□"''
Kinerk, Beth KINERK-B Authorized Sinnat□"''
Date 06/01/2022
Tax ID
22-3475741
I oiilte'd. __ l
I 08/24/2020 I
I 01/01/2020 I
A"'-ointed;
07/03/2013
09/09/2015
08/07/2019
08/24/2020
09/04/2019
08/07/2019
01/01/2020
01/01/2015
03/27/2020
01/28/2015
01/28/2015
06/12/2020
03/29/2019
04/28/2006
01/01/2018
08/07/2019
12/01/2017
03/27/2020
03/27/2020
,. , ·-.-n. ...... olnted·
03/19/2010
11/06/2013
11/14/2011
03/19/2010
03/27/2020
>1 ,a ...... ointed
04/19/2017
04/13/2016
05/22/2018
04/19/2017
05/22/2018
04/19/2017
05/22/2018
11/09/2018
05/22/2018
Item 1L - Page 29
Avis Budget Car Rental, LLC
Date
06/01/2022
.othelSig·natories
Nallle/f ';'--;<·,•.: ii ': :,•>.·,i:::_::_",,";--;· ___ < -;::,:,:/·,.-:::_.::_ :,;:>:': -;::+::-> Kaines, Alan
Macri, Donna
Minnitte, Matthew
Morrison, Anne
Mueller, Hans Waldemar
Muhs, Robert E.

Orduna, Arthur
Saperstein, Jessica
Sera, Jean Marie
Stark, David E.

Tallarico, Lorraine
Wriaht, Stephen
Zamore, Neal
Date 06/01/2022
Company Profile
QuickRE!f:-i .POsitioll.

KOINES-A Authorized Sianatorv
MACRI-D Authorized Sianatorv
MINNITTE-M Authorized Sianatorv
MORRISON-A Authorized Sianatorv
MUELLER-HW Authorized Sianatorv
MUHS-RE Authorized Sionatorv
ORDUNA-A Authorized Sionatorv
SAPERSTE-J Authorized Sianatorv
SERA-JM Authorized Sianatorv
STARK-DE Authorized Sianatorv
TALLARIC-L Authorized Sianatorv
WRIGHT-S0001 Authorized Sianatorv
ZAMORE-N Authorized Sionatorv
.. ...

Tax ID
22-3475741
ointed05/12/2014
04/19/2017
02/28/2018
04/13/2016
08/03/2020
04/13/2016
12/12/2016
03/24/2017
03/27/2020
04/19/2017
04/19/2017
05/22/2018
09/10/2015
Item 1L - Page 30

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle Initial) E-mail Address Blum, Stephen A. (on behalf of The Hertz Corporation) [email protected] Positionfrltle
Senior Vice President, Real Estate and Facilities
Address
8501 Williams Road, Estero, Florida 3328
Work Phone: 239-301-7794 Reporting Status
Cell Phone: 781-389-6334 New Disclosure: X
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a ·significant position with respect to that applicant" entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

Item 1L - Page 31
Organization/ Type of organization: Ownership Interest: Position: No ff nclude the address, city and state where the longer he organization is located) held:
1 The Hertz Corporation, a Delaware corporation 100% owned by Sr. Vice Pres., 8501 Williams Road Hertz Global Holdings, Real Estate & F acil i ies Estero, FL 33928 Inc.
2 Please find attached a list of the Officers and Dir ectors of The Hertz Corporatic n. Our Board of Dire ~ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal approval of several changes.
3 4

5. 6.

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

ISC OS ng Party,/;/_ / / ~4~z___ ae May 31, 2020
On the basis of Information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted In the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official Item 1L - Page 32

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle Initial) E-mail Address SCOTT CLEMMER [email protected]
Position/Title

VICE PRESIDENT/GENERAL MANAGER
Address
333 CITY BLVD WEST, ST 1000, ORANGE, CA 92868
Work Phone: 657-221-4400 Reporting Status
Cell Phone: New Disclosure:

Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

Item 1L - Page 33
Organization/ Type of organization: Ownership Interest: Position: No f {nclude the address, city and state where the longer he organization is located) held:
1 ENTERPRISE HOLDINGS, INC.
600 CORPORATE PARK DRIVE 100% Sole Member
ST. LOUIS, MO 63106
2 3
4 5.

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

On the basis of Information contained in this report, I conclude that the filer is In compliance with Palm Springs Municipal Code Section 2.60, except as noted In the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official Item 1L - Page 34

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle initial) E-mail Address Blum, Stephen A. (on behalf of DTG Operations, Inc.) [email protected] Position/Title
Vice President, Real Estate
Address
8501 Williams Road, Estero, Florida 3328
Work Phone: 239-301-7794 Reporting Status
Cell Phone: 781-389-6334 New Disclosure: x
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

Item 1L - Page 35
Organization/ Type of organization: Ownership Interest: Position: No f {nclude the address, city and state where the longer he organization is located) held:
1 DTG Operations, Inc., an Oklahoma corporatio, 100% owned by The Vice President, 8501 Williams Road Hertz Corporation Real Estate
Estero, FL 33928
2 Please find attached a list of the Officers and Dir ectors of DTG Operations, Inc . Our Board of Direc ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal aooroval of several changes.
3 4

5. 6.

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

I Signature of Disclosing Date
May 31, 2020
On the basis of information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below. Comments:

Signature and Title of Agency's Final Reviewing Official Item 1L - Page 36
DTG OPERATIONS, INC.

LIST OF OFFICERS & DIRECTORS
Nanter , ··i~'.::".D ;;~-~14_~;~ ,:,., · .\S ... , '1tttle . 6 .tf;l-;~fl/1( '"j ",ft1rt:::~:~· )Fi 'lff)'~" :f:~,,~~~ !~": il1tlf ,.Bole .:ti Jackson, Jamere Director Director
Stone, Paul Director Director
Arrington, Darren Vice President Officer
Blum, Stephen A. Vice President, Real Estate Officer
Bridges, Scott Vice President, Franchise Operations Officer Burns, John C. Vice President and Assistant Treasurer Officer Costello, Lesley Assistant Secretary Officer
Drake, Julie Assistant Secretary Officer
Drumright, Janet L. Assistant Secretary Officer
Dubin, Clark Vice President, Insurance Officer
Ergas, Tim Vice President, Sales Americas Officer
Esper, R. Eric Vice President Officer
Galainena, M David Vice President and General Counsel Officer Griffith Spence, Terai Assistant Secretary Officer
Havis, Marc Vice President, Global Tax Officer
Honor, Maurice Vice President Officer
Jackson, Jamere Vice President, Finance Officer Jacobs, Susan Vice President, Brand Marketing Officer Johnson, Mark E. Vice President and Assistant Treasurer Officer Massengill, Scott Vice President and Treasurer Officer
McEvily, Richard P. Vice President, Deputy General Counsel Officer McGinley, Dennis Assistant Secretary Officer
Oates, Kennedy Vice President, Procurement and GCI Officer Potalivo, Matthew C Assistant Secretary Officer
Powell, Shontra Vice President, Sales Strategy and Operations Officer Schloss, Adam R. Assistant Secretary Officer
Sell, Monica Assistant Secretary Officer
Item 1L - Page 37
Silvan, Adam Assistant Secretary Officer
Stone, Paul President Officer
Stuart, Robert J. Vice President Officer
Watson, Albert Assistant Secretary Officer
Weinstein, Michael Vice President Officer
White, Randall Vice President, Labor and Employment Law Officer Effective on May 28, 2020
Item 1L - Page 38

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24B129 WITH KINCAID INDUSTRIES, INC. FOR ON-CALL PLUMBING MAINTENANCE

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

This action will approve Agreement No. 24B129 with Kincaid Industries, Inc., in an amount not to exceed $900,000, for on-call plumbing maintenance and installation services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B129 (Attachment A) with Kincaid Industries, Inc. to provide on-call plumbing maintenance and installation services in an amount not to exceed $900,000 for the initial three-year term beginning July 15, 2024 through July 14, 2027, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on June 6, 2024, Kincaid Industries, Inc. is registered in the State of California.

BACKGROUND:

The City of Palm Springs requires the services of a contractor to provide on-call plumbing maintenance and installation services at various City of Palm Springs Buildings and Facilities, and due to the extent of services needed to make necessary repairs to existing equipment, staff opted to resolicit bids prior to the conclusion of the current contract, as all available contract funds will be expended prior to the expiration date and the Airport has a planned solicitation to secure services separately.

Item 1M - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Award On-Call Plumbing Maintenance and Installation Services Contract STAFF ANALYSIS:

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

An Invitation for Bids (IFB 24-13) was initiated by the City’s Procurement and Contracting Department on May 12, 2024, based on the Department of Public Works specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the June 6, 2024, deadline as follows:

Vendor Bid
Kincaid Industries, Inc. – Thousand Palms, CA $1,749,889.40 Since only one bid was received, the pricing was analyzed by the Director of Public Works and compared to prices paid in the past for like work and was found to be fair and reasonable for the City. Kincaid Industries, Inc. is the current contract holder and has performed well for the City. Although only one bid was received, 68 vendors were notified via PlanetBids; 12 of the firms notified were local vendors, and 9 bidders downloaded the files. Procurement and Contracting Department staff reached out to the local vendors to inquire why they chose not to submit. Most replied they were too busy with work to apply at this time and one vendor indicated they don’t do plumbing work. Staff will continue to do outreach to local vendors to improve the number of bids moving forward. Since Kincaid is the current vendor and Public Works staff have been pleased with their performance to date, we are recommending award of this on call contract.

The unit pricing is fixed for the first year and subject to a CPI increase in the following years. Staff recommends approval of a Contract Services Agreement No. 24B129 with Kincaid Industries, Inc. for the initial three-year term in the amount not to exceed $900,000 effective July 15, 2024 through July 14, 2027, subject to two one-year optional renewals at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not Item 1M - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Award On-Call Plumbing Maintenance and Installation Services Contract result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024-25 accounts 1006540- 50105, 1006540-40105, 5206570-40105, and 5206570-50119.

REVIEWED BY:

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

A. Contract Services Agreement No. 24B129
B. Public Integrity Disclosure
Item 1M - Page 3

ATTACHMENT A
Item 1M - Page 4

Page 1 of 31 ends

Palm Springs City CouncilJuly 9, 2024

Palm Springs City Council
July 9, 2024