Agenda packet — Palm Springs City Council, July 9, 2024 (part 3 of 5)

CONTRACT SERVICES AGREEMENT 24B129

ON-CALL PLUMBING MAINTENANCE AND INSTALLATION 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 Kincaid Industries, Inc., a California Corporation, (“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 plumbing maintenance and installation services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call plumbing maintenance and installation 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 $900,000.

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: Scott Kincaid, President. 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.

7. INDEMNIFICATION.

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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 1M - 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: Kincaid Industries, Inc.

Attention: Scott Kincaid
31-065 Plantation Drive
Thousand Palms, CA 92276

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 1M - 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 KINDAID INDUSTRIES, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for 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 plumbing maintenance and installation services at various City of Palm Springs Buildings and Facilities.

1.2 Scope:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. 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. The 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: The Contractor shall respond to calls for service as follows:
a. The 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. The Contractor shall respond to emergency calls for service or repair within twentyfour (24) hours. Emergency responses include weekends, after-hours and holidays.

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

F. Correction of work deficiencies:
a. The 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.
c. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

G. 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 Item 1M - Page 15

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authority. The City shall reimburse the Contractor for only the actual cost of said permits.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. 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.
b. Contractor vehicles must display company logo and name.

N. 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 Item 1M - Page 16

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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 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 Item 1M - Page 17

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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 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.

Item 1M - Page 18

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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;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
Item 1M - Page 19

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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.

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Item 1M - Page 21

ATTACHMENT G

BIID FORM
INVITATE0N FOR ems OFB 24~1 3)
ON.iCAL!L PLUMBING, MAINTENANCE AND INSTAULATI0N' SERVICES Re•spondl rw to this IF B for 011-calll plumbing maintenance and i1nstallation servic-es, the undersigned bidder proposes attd agrees to provide the services and work in acoordance with u,e specifications.

Bidcter proposes and agrees to furnish all labor, ,equipment, materials, supervis1ion, and service neoe,ssary to C<lmplete said Work in aocorda ce With the: Spe:cificafions of ttie City of IPa,lm S1Pri11gs and will aocepl. as full payment therefore, the follow:ing unit cost .amounts. Th:e City of Palm Stprlngs will not accept any additional o'harges, fees, etc. that are not .already included or incorporated in the:
below unit costs.
llfEM DESCRIPTION UNIT ESTIMATED· UNIT PRICE SUBTOTAL QUANTITY 1 F,oreman Regular Blll!ng Rate HR 2,000 177.97 355,940.00 (7: OOAM - 5:00PM) 2 Foreman Overtime Billrng Rate HR 80 228.85 18,308.00 {5:00PM - 7:00AM) 3 Forem.a n Holiday Billi ngI R.ate HR 80 269,74 21,579.20 (S aturdav/S u ndav/Holidavs,) 4 .Journe,yman Plumber Regular HR 3,000 1151 . 71 455,1 30.00 Billlina Rate (7:00AM - 5:00PM) 5 Joumeyman Plumber Ov,ertime HR 80 2117.15 17,372.00 Billing Rate (6,;00PM - 7;00AM> Journeyman Plumber Holiday
6 Billing Rat& HR 80 255.08 20,406.40
(Saturday/Su n,dav/H olid ay)
7 Joumeyrnan Pipefitte·r Regular HR 500 135.,60 67,900.00 Billlna Rate, (7:00AM - 5:-00PM) 8 Journeyman flipefitter Overtime HR 80 H1 .1 9 13,695.20 'Bi1llin9 Rate (5:00PM - 7:00AMI) JI01.1meyman Pipefitter Holiday
9 IBi lling Ratte IH R 80 200.'93 16.074.40
,(Sa~ud'idavJSundav~Holidav)
10 Welder Regular 8ill'i11g1 Ra.te IHR 500 181.06 90 530.00 (7:00AM - 5:00PM) 11 Welder Overtime, Bllllng1 'Rate HR 80 220.37 17,629.60 {5:00PM - 7:00A!M) 12 Welder Holiday Billing Rate HR 80 259.3,5 20,748.00 ( Sa~ul'dav/SundavJHo,lidav) 13, Apprentice !Regular !Billing Rate HR 500 93.87 46,935 .. 00 (7:00AM - 5:00PM) 14 Apprentice Overtiime Bi lling Ra~e IHR .ao 126.36 11 0,108.80 (5,:00PM - 7:•00.ANI)
15 Apprentice Holliday Blllling Rate HR .so 156.66 12,53.2.80 ( Saturdav/SundavJHoilidav) Pails arid Materials (Eriter your
16 % ma rile.up for parl.s, &. materials) %
I
$250,000 1.30- 325,000,,00
(Example for 10% enter 1.1 O; for

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Item 1M - Page 22
.20°/o er;ter 1.20; for 25% enter

1.25-)
Equipment Rental (Enter yo1.1r %
mark-up for equipment rentals)
17 (Example for 1 0% ,enter 1 . 1 0; for % $50,000 1.20 60,000.00 20% enter 1.20: for 25% enter

1.25,)
Suboo:ntra.otor {Ent:er y,our %
mark up for suboontractors)
18 (Example for 1 0% ,enter 1 . 1 0; for % $150,,000 1.20 180,000.00 20% enter 1.20; for 25% enter

1.25)
TOTAL (Enrter lhis amount in Pl'anetBids) 1, 7 49, 689.40 "'NOTE: This b"d form is to det,em1ine the· lowest bidder and will b~ used to 8$l8blish the oontrac-t unit prices. The cont aCI will be set at the City budget amount.

Firm Name: __ K_IN_· C_A _ID_I_N_D_U_S_T_R_IE_ _ -s ___ -.,._11N_•_C_. _ _ ____ _ 1000022960
---- Pr1inted IName: _ R_'._S_c_o_t_t_K_1_n_c_a_id_· -------- --- Title: ____ P_ e_s_id_J e_n_t _______ _______ _
Date: ___ 6_--6_--_2.0__24_, __ --- -------

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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 1M - 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 1M - Page 24

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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.

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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.

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EXHIBIT “C”
Item 1M - Page 27

ATTACHMENT F
EXECUTIVE ORDER N~-22 CERTIIFICA Tl'ON
INVITATION FOR IBIDS (IFB 24-13)
ON-CALL PLUMBING MAINTENANCE AND INSTALLATl·ON SERVICES Executive Order N-6-22 iissued by Governor Gavin Newsom on March 4, 2022, directs all ag:encies and departments that are subject to the Governor's authority to (a) terminate any contracts with any indivrduals or entH:ies that are determined to be a target of economic sanctions against !Russia and Russian entities and individual1 s; and (b) refrain from entering
into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signat~ ------1<-------
Printed Name:_R_·_. s_-_oo_t_1t _K_in_c_a_i id _____ _
Title: President -----------------
Firm Name: __ K_i_n_ic_a_id_l n_d_u_s_t_ri_e_s __ , _I n_c_. __ Date:
6-6-2024 -----------------

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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.

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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 1M - 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)
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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.

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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 1M - Page 32

Page 29 of 31 ends

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.

Item 1M - Page 33

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:

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 1M - Page 35

ATTACHMENT B
Item 1M - Page 36
Item 1M - Page 37

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Kincaid Industries, Inc.

Address of Entity (Principal Place of Business)
31-065 Plantation Drive, Thousand Palms, CA
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
92276
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
[XI Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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.

R. Scott Kincaid 100%, Kincaid Industries, Inc.
[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 R. Scott Kincaid, President 6-6-2024
\
e---- -----

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVE FUNDING IN THE AMOUNT OF $50,000 OF PUBLIC ART

FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION
FOR COMMISSION OF THE “PRINCE” SCULPTURE AND “BLUE BELLY CRAB” SCULPTURE BY ARTIST DELOS VAN EARL, BOTH TO BE

LOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE OLD LAS

PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF THE

SCULPTURES TO THE CITY
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting the City Council approve funding in the amount of $50,000 as a Community Grant for the commission and installation of two pieces of art, Prince and Blue Belly Crab (Artworks), by Delos Van Earl (Artist). The proposed location for the Artwork is the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road. The total cost to create and install the Artwork is $50,000 ($25,000 each).

RECOMMENDATION:

1. Approve expenditure of Public Art Funds in the amount of $50,000 for commission and installation of Prince and Blue Belly Crab by Delos Van Earl.

2. Accept donation of the public art pieces “Prince” and “Crab” from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.

BACKGROUND:

At their meeting on June 6, 2024, the City’s Public Arts Commission voted unanimously to recommend the City Council approve: 1) a proposal (Attachment A) from the Old Las Palmas Neighborhood Organization (OLPNO), as modified to also include commission and installation of the Blue Belly Crab sculpture in addition to the commission and installation of the Prince sculpture by Artist; 2) approve funding for this project in the Item 1N - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Old Las Palmas Neighborhood Organization Public Art
amount of $50,000 from the Public Arts Fund; and 3) to accept the donation of the completed Artworks.

STAFF ANALYSIS:

OLPNO submitted an unsolicited proposal to the Public Arts Commission to have the Artworks created and installed in the West Chino Drive median at the locations shown below in Image 1.

Image 1
Proposed Location
Item 1N - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Old Las Palmas Neighborhood Organization Public Art
A total of four sculpture designs were considered to be the next installations on the West Chino Drive median, as shown in Image 2 below.

Image 2
Sculpture Choices
OLPNO worked with more than 100 of their neighbors to select which sculpture should be installed next on the West China Drive median. A large majority of the residents selected Prince as their top pick, shown below in Image 3.

Item 1N - Page 3
Prince Love Bunny
Griffin Blue Belly Cra'I>
City Council Staff Report
July 9, 2024 -- Page 4
Old Las Palmas Neighborhood Organization Public Art
Image 3
“Prince”
OLPNO had anticipated selecting the next sculpture (after installing Prince) to be installed during their November 2024 meeting. However, the Public Arts Commission was concerned with approving funding without knowing which of the other sculptures would be selected. The Commissioners requested that OLPNO agree to modify their proposal to allow the Public Arts Commission to select the next sculpture. The OLPNO agreed.

The Commissioners then selected Blue Belly Crab (shown in Image 4, below) to also be installed on the West Chino Drive median with Prince.

Item 1N - Page 4
City Council Staff Report
July 9, 2024 -- Page 5
Old Las Palmas Neighborhood Organization Public Art
Image 4
“Blue Belly Crab”
Each of the Artworks will be approximately 10’x 6’ x 4.5’ in size and weigh approximately 550 pounds. They will be made of steel and painted with sign painter’s enamel to give the pieces a long-lasting surface life. This can also be easily repainted when needed.

It should be noted the City Council previously approved a community grant of $5,000 to assist with the installation of the Red Dragon sculpture also located in the West Chino Drive median, but west of Belardo Road and east of North Cahuilla Road. OLPNO paid $20,000 to cover the total cost to create and fabricate the Red Dragon sculpture, and the $5,000 grant was used to pay for installation of the sculpture. Red Dragon was donated by the neighborhood to the City. Given that the planned disposition of the Artworks is to Item 1N - Page 5
City Council Staff Report
July 9, 2024 -- Page 6
Old Las Palmas Neighborhood Organization Public Art
donate them to the City (as was Red Dragon), OLPNO prefers not to use membership dues to pay for the Artworks and thus is requesting the use of Public Art Funds. If approved, OLPNO can engage the artist to begin working on the Artworks with the expected completion date being by the end of December 2024.

As proposed, the Artworks will be created by Delos Van Earl. The Artist moved to the Coachella Valley in 1987 and subsequently opened a studio in Yucca Valley where he creates large scale sculptures and paintings. He received his Bachelor of Arts at California State University, Chico before attending Mills College in Oakland for his Master’s in Fine Art. Locally, he is recognized by many for “Jungle Red” and “Orange Twist”, both located in Palm Springs. He has community pieces in almost 50 corporate and public collections.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:

Approval of this action will allocate $50,000 of Public Art Funds for the creation and installation of public art. Approval of this action would have no impact on the General Fund.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Old Las Palmas Neighborhood Organization Proposal
Item 1N - Page 6

ATTACHMENT A
Item 1N - Page 7
Item 1N - Page 8

REQUEST FOR FUNDING
Presentation to: Date:

Artist:

Presented by:

Contacts:

Public Arts Commission
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
www. palms pri ngsgov.com
June 6, 2024
Delos Van Earl
55666 Yucca Trail
Yucca Valley, CA 92252
(760-333-2271
Old Las Palmas Neighborhood
Organization
P. 0. Box 2658
Palm Springs, CA 92263
www.oldlaspalmas.org
(760) 841-4538
Dan Kiser
Chair- (917) 921-9539
[email protected]
John Williams
Beautification Committee - (760) 668-5244
[email protected]
Contained in this Presentation: Introduction and History The Collection and Request for Funding
Proposed Artwork Donation for Prince
Artist Information, Exhibitions and Press
Item 1N - Page 9
Introduction
and
History
Item 1N - Page 10
Introduction
In order to better understand our neighborhood and the project we are asking you to help us fund, it is important that we share information about the Old Las Palmas Neighborhood Organization.

History of the Old Las Palmas Neighborhood Organization (OLPNO) Old Las Palmas had a neighborhood group that had met for many years to discuss neighborhood issues. However, in 2005, the Palm Springs City Council formalized a process for officially recognizing neighborhood organizations throughout Palm Springs through a new City ordinance. The Old Las Palmas Neighborhood Organization (OLPNO) was one of the first neighborhoods to be recognized as an "official" neighborhood. There are now 52 recognized neighborhoods. Of the 257 single family homes in OLPNO, 166 are paid members of OLPNO.

This makes OLP NO one of the most inclusive neighborhoods in the city with participation of 65% of our homes as paid members. Each year OLPNO holds a Fall Meeting and a Spring Meeting. Both meetings are attended by more than 100 of our neighborhood residents.

OLPNO believes in community involvement and working to improve our neighborhood for our residents.

Beautification of our Neighborhood
From the very beginning OLPNO has spearheaded projects to beautify Old Las Palmas. One of our first projects was to landscape the medians in our neighborhood. The medians along West Chino Drive, Mountain View, and Via Las Palmas are now thriving with desert landscaping and drought tolerant plants. The OLPNO Board keeps a close eye on these medians and works with the City to maintain them beautifully.

Old Las Palmas Marker
Our next successful project created six Old Las Palmas
markers throughout our neighborhood. These markers
will stand the test of time and will outlive most of us! The markers are located on the West Chi.no Drive median, in the Mountain View median, in the Via Las Palmas median
(where there are two), in a small median at the corner of Merido Place and Prescott Drive, and the last one at the corner of Camino Sur and Camino del Corte. These
markers are now the property of the City of Palm Springs.

Item 1N - Page 11
Our neighborhood has continually completed small beautification projects, Like painting over the graffiti on the wall of the parking Lot behind Koffi North. Recently we ordered enough street "topper" signs to place on each and every one of our street signs in Old Las Palmas.

A Desire for Art in Our Neighborhood and Selecting an Artist In late 2022 the OLPNO Board decided that we would like to have some significant public art in Old Las Palmas. We discussed many artists and Locations and settled on contacting Delos Van Earl for his thoughts and ideas. Delos is a well-respected artist with a studio in Yucca Vally, California. He has multiple pieces on display in the Coachella Valley, including the famous Jungle Red Sculpture in the Warm Sands Neighborhood of Palm Springs and The Seeker on El Paseo in Palm Desert. Included with this packet are three articles on Delos' work in Art Patron Magazine, Palm Springs Life, and Xtra Magazine. Also included is a listing of his solo exhibitions, group exhibitions and reviews in publicationsofhiswork. Youmayviewmoreofhisworkatwww.ctelosvanearlstudios.com. Members of the OLPNO Board asked Delos to tour our neighborhood and make suggestions for artwork. We as a board thought the median on Via Las Palmas was the ideal location for our first art installation.

Delos was not sold on that location. We showed him the very long West Chino median, and he was immediately anxious to make suggestions to us about art along that median. We asked him to develop ideas, and he did. Selecting the Art
Prototype of Red Dragon
Engaging the Community
Delos floated the idea to us of creating "Creature Alley" along the West Chino Median. He suggested at least five sculptures to line the median to create a long, interesting art installation. We were intrigued. Delos thought our first installation should be the piece he titled "Red Dragon." Over the next few weeks Delos created a prototype of his proposed Red Dragon, along with pictures of four more
sculptures that he proposed to install along the West
Chino median. As a group we were immediately on board
with his ideas and design. We all loved the concept and the images of the art pieces! But the process from design to installation needed to be addressed.

We decided to dedicate our OLPNO Spring Meeting in April of 2023 to introducing our neighborhood to our idea for the art walk Creature Alley along the West Chino median. We asked Delos to deliver Item 1N - Page 12
the prototype of Red Dragon and to attend our Spring Meeting. We had over 100 of our neighbors in the backyard of one of our board member's home. The meeting was a complete success. The great majority of neighbors loved Red Dragon, and they especially enjoyed meeting Delos Van Earl, the artist and creator. We knew we had a winner. In addition to this meeting, we sent numerous emails to our membership describing the process and introducing the artist, Delos Van Earl. We were ready - except for the funding. The price of the first piece, Red Dragon, was $25,000. Fortunately, we had reserve funds left over from the Old Las Palmas Home Tour that we did in conjunction with Modernism Week a couple of years ago. We had almost $20,000 available. So how to proceed? Engaging the Public Arts Commission
We contacted the City of Palm Springs and the Chair of the Public Arts Commission to see how we should proceed. We worked with both Arts Commission Members Russell Pritchard and Gary Armstrong on the process. It was recommended that we plan to procure the artwork with the help of the Public Arts Commission, and after installation, we donate the artwork Red Dragon to the City of Palm Springs for its Public Arts Collection. As we at the time had $20,000 in funds from our Modernism Week Home Tour, we asked the Public Arts Commission for the needed $5,000. They were incredibly supportive and recommended that the City Council approve our request. City Council did approve our request, and Red Dragon was installed on November 7, 2023. A subsequent dedication ceremony was held with a significant amount of press coverage. The OLPNO Board of Directors is most thankful to the Public Arts Commission and to the City Council for their help in getting this incredible piece of public installed in our neighborhood on the West Chino median . .....

Red Dragon being installed West Chino Artist Delos Van Earl after Installation Item 1N - Page 13
The Collection and
Request for Funding
The Collection
We have worked with Delos Van Earl to create four more sculptures that we envision placing along the West Chino median. We envision these sculptures to be toward the eastern end of the median to be more visible to the public as they drive along North Palm Canyon, and to be especially enticing to the customers of shops at The Corridor Palm Springs. Imagine having lunch at Chicken Ranch and noticing the array of sculptures along West Chino Drive. Delos has created four prototypes for us to expand our Creature Alley along the West Chino median. Those four prototypes are pictured below, with the names given to them by the artist, Delos Van Earl.

Item 1N - Page 14
Prince Love Bunny
Griffin Blue Belly Crab
Item 1N - Page 15
Decisions, Decisions
We as the board of the Old Las Palmas Neighborhood Organization were sold on the idea of four more creatures to be added to Creature Alley, and also sold on Delos Van Earl as our artist. However, we do not make decisions in a vacuum. We involved our neighborhood residents to make two decisions. 1) Did they like the current piece, Red Dragon, and do they want to continue with the creatures along West Chino median to for Creature Alley, and 2) if so, which of the creatures should be the next one for Creature Alley? This spring of 2024 gave us the perfect opportunity to engage our neighbors. We held a Cheers on Chino Block Party on March 9th. The Old Las Palmas Neighborhood Organization used the parking lot of Temple Isaiah to have our Cheers on Chino event, complete with carnival games, live music, food and drinks, and a large table where we displayed the four prototype sculptures with their names. Over 100 of our neighbors attended. We asked them for their opinion of the current Red Dragon sculpture, and the large majority of residents were very supportive. Then we asked which sculpture they preferred to be the next one installed. A large majority of residents selected Prince. Again, we knew we had a winner. Our board members liked Prince, and now we knew Prince was the favorite of our neighbors as well.

And the Winner is - PRINCE!
.

Item 1N - Page 16
Next Steps
Our goal is to complete the series of five sculptures. This was the original scope of the project and the vision of the artist, Delos Van Earl. Again, we envision five sculptures along West Chino median to create Creature Alley. We also decided to move the installation closer to North Palm Canyon as more residents and visitors will enjoy them in this location. Our current goal is to have two additional sculptures installed on the West Chino median between North Palm Canyon and Belardo Road thereby bringing the total to three sculptures (Red Dragon is the first). That median is 441 feet long.

We would like the second of the three sculptures (Prince) to be approximately 90 feet west of the Palm Canyon edge of the West Chino median. We would like the third of the three sculptures to be approximately 190 feet west of the Palm Canyon end of the West Chino median. These three locations will allow our residents and visitors to begin to understand the concept of Creature Alley.

We are indeed excited to move forward. Below is a very rough depiction of where these additional two sculptures will be located.

Prince will be the second sculpture, but which one will be third? We have decided to again appeal to our neighbors to help us make that decision. We have our fall meeting on November 7th, 2024. We again expect over 1 oo attendees. At that time, we hopefully will have the second sculpture in place.

We will ask our neighbors to help us decide on the third sculpture. We will literally have neighbors complete a form indicating their preference. We think this process is very important to maintain neighborhood support. We hope to install sculpture number three by the end of the year.

Item 1N - Page 17
Funding
Fortunately, the Old Las Palmas Neighborhood Organization negotiated a fixed price for the Creatures on Chino sculptures with artist Delos Van Earl last year. We have been assured a price of $25,000 for each sculpture to include creating the art piece, sales tax, transportation and installation. Compared to other large outdoor sculptures, this is a very fair price. The Old Las Palmas Neighborhood Organization is not in a position at this time to contribute to the two additional sculptures as we cannot use membership dues for this purpose. Therefore, we are asking the Public Arts Commission to seek approval from the Palm Springs City Council to spend $50,000 for the next two sculpture installations. The pieces, once installed, would be gifted to the City of Palm Springs to become part of its Public Arts Collection.

This project has the enthusiastic support of a large majority of the residents of Old Las Palmas. We believe the location and scope of this project will create significant community support from all the residents and businesses. We also think this contribution by the City of Palm Springs is an extremely good investment for the City and will have a lasting presence. In addition, we feel that tourists will want to photograph the Creatures on West Chino Drive and the collection will become an lnstagramable moment for most of our visitors and tourists.

We look forward to working with the Public Arts Commission and the Palm Springs City Council to help us make Creature Alley on West Chino Drive become a reality! Item 1N - Page 18

DELOS VAN EARL

STUDIOS
55666-A Yucca Trail
Yucca Valley, CA 92284
www.delosvanearlstudios.com
INVOICE for Commissioned Artwork
2 "Creature" Series Sculptures-Painted Steel-10'X6'X4.5' Sculptures based on two of the four maquettes, built and presented to the Old Las Palmas Neighborhood Association.

The next two sculptures will be similar to "Red Dragon" in size and material.

Item
2 "Creature" Series Sculptures
Deposit
Final payment upon completion
and installation
Teann CoxlStudio Manager
Delos Van Earl Studios
Amount
$25,000.00 $25,000.00 $25,000.00
916.300.8000 I [email protected]
Total
$50,000.000
Item 1N - Page 19
Proposed Artwork
Donation
Note: This Proposed Artwork Donation is for the sculpture Prince. An additional Proposed Artwork Donation will be submitted for the additional sculpture covered in our request for $50,000 in funding when that sculpture is selected by neighborhood residents.

Donor:

Recipient:

Artist: Artwork:

Install Location:

Old Las Palmas Neighborhood Organization
P.O. Box 2658 Palm Springs, CA 92263
(760) 841-4538
www.olpno.org
City of Palm Springs
3200 E. Tahquitz Way
Palm Springs, CA 92262
(760) 323-8299
Delos Van Earl
55666 Yucca Trail
Yucca Valley, CA 92252
(760) 333-2271
www.delosvanearlstudios.com
Prince by Delos Van Earl
West Chino Drive median between Palm Canyon Drive and Belardo Rd.

Palm Springs, CA
Application procedure requirements outlined in the City of Palm Springs Public Arts Program Application for Donation of Artwork are answered on subsequent pages In the packet.

Item 1N - Page 20
Application for Donation of Artwork
Proposed Artwork
Proposed Donation: Prince
Donor's Address: Old Las Palmas Neighborhood Organization Donor's Phone: (917) 921-9539
Artist: Delos Van Earl
Donor's Email: [email protected]
Artist Address: 55666 Yucca Trail, Yucca Valley, CA 92252 Artist's Phone: (760) 333-2271 Artist's Email: [email protected] Title of Artwork: Prince
Media: Sculpture
Description of Artwork: Large metal outdoor sculpture painted green and yellow. The sculpture is inspired by the story of a frog turning into a handsome prince. The sculpture represents the prince.

Approximate Weight: 550 lbs. Dimensions: 1 O' x 6' x 5' Approximate Cost: $25,000 including tax, delivery and installation.

Location of Identification Plaque: TBD
Description of Foundation: Concrete
Proposed Date of Delivery: September 2024
Proposed Date of Installation: September 2024
Proposed Landscape Plans or Requirements: N/A
Special Handling or Installation Requirements Unique to This Artwork: N/A as artist will install Identify Maintenance and Conservation Requirements Necessary for This Artwork: Normal Maintenance Item 1N - Page 21
Application for Donation of Artwork
Proposed Artwork
Proposed Donation: Prince
Donor's Address: Old Las Palmas Neighborhood Organization Donor's Phone: (917) 921-9539 Donor's Email: [email protected] Artist: Delos Van Earl Artist Address: 55666 Yucca Trail, Yucca Valley, CA 92252 Artist's Phone: (760) 333-2271
Title of Artwork: Prince
Artist's Email: [email protected]
Media: Sculpture
Description of Artwork: Large metal outdoor sculpture painted green and yellow. The sculpture is inspired by the story of a frog turning into a handsome prince. The sculpture represents the prince.

Approximate Weight 550 lbs. Dimensions: 1 O' x 6' x 5'
Approximate Cost: $25,000 including tax, delivery and installation.

Location of Identification Plaque: TBD Description of Foundation: Concrete Proposed Date of Delivery: September 2024
Proposed Date of Installation: September 2024
Proposed Landscape Plans or Requirements: NIA
Special Handling or Installation Requirements Unique to This Artwork: N/A as artist will install Identify Maintenance and Conservation Requirements Necessary for This Artwork: Normal Maintenance Item 1N - Page 22
Application Procedures
The prospective donor shall submit, to the Director of Community and Economic Development, the following information as part of the Donation of Artwork Application:
-Sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork, to be donated.

Attached you will see the artist's rendition of the proposed sculpture Prince. -Additional samples of artist's work other than the proposed donation.

Attached are five photos of additional artworks by the artist Delos Van Earl including Seeker 10 (displayed on El Paseo, Palm Desert), Red Dragon (displayed on the West Chino median between Belardo Road and Cahuilla Road in Palm Springs) and three prototypes for future are along the West Chino Median entitled Love Bunny, Blue Belly Crab, and Griffin. -Background Information about the Artist who created the proposed donation.

A copy of the resume for Mr. Delos Van Early is attached. -An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs, if available.

The purchase agreement attached states the artwork is worth $20,000 with installation, transportation and sales tax bringing the total to $25,000.
-Provide a description of maintenance procedures to maintain first class appearance and permanence of the artwork.

The attached purchase agreement states "The sculpture will be painted with sign painter's enamel to give the piece a long lasting surface life and also a surface that can be easily repainted when it is needed. Maintenance would involve washing it twice a year to remove surface dirt and waxing it to rejuvenate the painted surface and to provide protection from the elements. -8" X 10" photographs, 35 mm slides, digital pdf or jpg formats, graphics, or illustrations depicting several views of the artwork.

The rendering referenced above gives an 8 x 10 illustration of the sculpture. -Provide evidence that (I) the Art is original; (ii) at the time of transfer hereunder, Donor is the sole owner of the Art and of all rights it possesses therein including copyright, trademark, and other proprietary rights; (iii) Donor has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(iv) Donor is not under any obligation to transfer or sell any of the Art to any third party; (v) the Art has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark, or other proprietary rights therein; and (vi) the Art does not and will not infringe any patent, copyright, trademark, or other proprietary rights, privacy rights, or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such Infringement been threatened or asserted, nor Is such a claim pending, against Donor (or, insofar as Donor is aware, against any entity from which Donor has obtained any rights) The copy of the purchase agreement should address these issues.

Item 1N - Page 23

DELOS VAN EARL
Delos Van Earl was born in 1951 in Port Angeles, Wash., the fifth of five children in a classic Northwest logging family. He moved to Crescent City, Calif., with his family at age 5. When he entered Shasta College in Redding, he thought he would become a high school art teacher and football coach. But he would earn a bachelor's degree at California State University Chico and a masters in fine art from Mills College in Oakland. He lives in Joshua Tree with his wife, Jena.

Driving through the heat of the desert near Joshua Tree National Park in California, you would be lucky to come across the studio of artist Delos Van Earl. Inside the warehouse-like building you will find piles of cool steel sheets, some sprinkled across the floor in preparation for welding or awaiting cutting. There are also paintings scattered throughout:
some are finished, some are still wet with the most recent application of enamel, and others have a powdery dusting on top - the smell of freshly sanded paint lingers in the air.

Everywhere you look, there are bright splashes of color and an aura of energy fills the studio.

While most artists who are as established as Delos have settled on a particular medium, Delos has managed to master both painting and sculpture. He captures a sense of balance and vigor in using either steel or enamel paint to form his creations Delos works on about a dozen paintings at a time, arranging them about his studio, focusing on one, then jumping to another. Seeds, shells, string, feathers, and twigs are embedded in the 20+ layers of oil enamel tediously applied in sessions as each layer dries and is then subsequently sanded down. When complete, the paintings are hard to resist touching. The surface appears as though the depth of the layered enamel can be felt, but the paintings are completely smooth.

In Van Earl's large paintings, grace comes at a tremendous physical cost: the process. He applies upto 20 layers of oil enamel paint on museum-quality wood panels-many of them as large as six-foot squares or paired in dynamic diptychs. Within each thick coat, he embeds little gems from nature - seeds, dried flowers, twigs, pine needles, grass, bird feathers, and other items. This transmutation of detritus into art - in addition to the tape, rope, and even foam he buries into the layers - gives way to the physical and aesthetic challenge of unearthing the final picture. This time-consuming (waiting for each coat to dry before applying the next) and exhausting (sanding through the layers) process ultimately gives each painting the appearance of a deeply textured surface. However, his finishing process - sanding, waxing, and buffing- makes for wonderful irony: The final pictures, chock full of the stuff of nature, are impossibly smooth to the touch and a gutsy departure from the rough, often chemically corroded edges of his earlier sculptures and geometric, painted steel wall paintings.

Item 1N - Page 24
Approximate Locations of Prince and the Third Sculpture Installation on West Chino Drive Item 1N - Page 25

DELOS VAN EARL

The next two sculptures will be similar to "Red Dragon" in size and material.

Item
2 11Creature" Series Sculptures
Deposit
Final payment upon completion
and installation
Teann Cox I Studio Manager
Delos Van Earl Studios
Amount
$25,000.00
$25,000.00
$25,000.00
916.300.8000 I [email protected]
Total
$50,000.000
Item 1N - Page 26
Art by Delos Van Earl
The followed pages showcase art and proposed art by the artist Delos Van Earl First Page: Prince - proposed artwork donation to the City of Palm Springs Second Page: The Seeker-El Paseo Public, Palm Desert, California Third Page: Red Dragon - West Chino Drive, Palm Springs, California Fourth Page: Love Bunny - prototype for future art on West Chino Drive Fifth Page: Blue Belly Crab - prototype for future art on West Chino Drive Sixth page: Griffin - prototype for future art on West Chino Drive Note: One of the last three of these (Love Bunny, Blue Belly Crab, Griffin) will be chosen as the additional piece covered by this funding request for $50,000 ($25,000 for Prince, $25,000 for the next piece)
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Artist Information,
Exhibitions and Press
Item 1N - Page 34
Talent and Resiliency
DELOS VAN EARL Embraces Change
written by Judy Nemer Sklar
i have been told that the buzzword for 2019 is "resiliency.'' That and longevity are the goals many artists seek in oursuit of a successful career, particularly since success in the field is often dependent upor world order, financial markets and the whims of collectors and agents. Only the most talented and resilient survive. Coachella Valley mixed media ariist and sculptor Delos Van Earl fits that bill. He has successfully traversed the economic downturn of 2008 and continues to explore and evolve creatively.

A R"TPAl'RONMA.G AZINE,COM 53
Item 1N - Page 35
. "" -
Van Earl was born in the state of Washington, grew up in Crescent City, California, and went on to earn his B.A. from Chico State University and his M.F.A. from Mills College in Oakland. But living in a logging family amidst the beautiful natural environment of the Northwest. with !ts or.ean waters, rivers and forests, was a key early influence on his sculptures, which employ bronze, steel and wood and which range from pedestalsized pieces to large outdoor works. His resume lists numerous solo and group exhibitions, and his work is in both corporate and public collections.

Comfortable In his own skin, he is happy to discuss both the business and creative sides of an artist's life.

Van Earl's move from Sacramento to Desert Hot Springs in 1987 turned out to be a pivotal event in his artistic development. His career took off after he received a prestigious purchase award from the Bowers Museum in Santa Ana and was invited to mount a solo show at the Riverside Museum. From fairs to galleries, from collectors to dealers, he was suddenly in demand. His steel sculptures, with their distinctive fractured corners, were selling out, and collectors were looking for more and more pieces. In fact, Van Earl's work was in such high demand that it caused his health to suffer. He knew change was in order-and soon change was going to be necessary for many artists.

The economic crisis of 2008 drove a number of artists to seek new directions in their careers as galleries and collectors stepped back. It seemed as tt everything had changed overnight, and while the crash set most on their heels, Van Earl, who considers himself a survivor, chose to pull into rather than out of the artist's life. He instinctively knew it was necessaiy to make both business and personal adjustments, so he proceeded to modify his business model and explore a new creative direction. While some have said that for Van Earl it's all about business, he strongly objects. •for me,• he says, "it's all about the work. My goal is to be as good as I can be, to create great art. i know I may fail, but for me it is about the journey.•

SHEILA OLSEN
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"She ila Olse n is a Conte mporary Absrrad Artist.

Her paintings exhibit vivid color and bold strokes painted with oil, acrylic and mixed m edia. • SheilaOlsen.com • 784 S Coast Hwy Laguna Beach CA 92651 • 949-423-9990 54 ARTPATRONMAGAZINE . COM
Item 1N - Page 36
When I met Van Earl for an inteiview at Ms Yucca Vally studio and gallery in late 2018, I found a happy, bright and colorful space and couldn't help but notice the changes in the artist's creative direction. His new work consists of large freestanding and wall-mounted sculptures fn exciting colors and shapes. There are pieces large and small that he calls ·creatures• -lrogs, sea horses and rabbits-and colors in his palette-oranges, bright yellows and lime greens-that are starlcly different from the deeper reds he has been known for.

His new work takes Van Earl back to his childhood, back to the days he remembers fondly of Danish modern furniture, low sofas, the Seattle World's Fair of 1962, girls in polka dot dresses and go-go boots. and miniature golf courses and trampoline parks. Despite the changes in his creative direction, his guiding principle remains the same: an insistence on quality, craftsmanship and integrity, Van Earl is not afraid of change; in fact. he embraces it. •1 want to continue to do work that reflects my time and culture,• he insists. His commitment to his art and his life as an artist exemplify his resiliency and longevity. As a beginning artist, he was often singled out as the next great thing, "which is not always the bestthing to hear when you're young,• he points out, explaining that it's important to have to fight for success if you want to make a living in the field. "for me, it was the wolf at the door that made me work hard to become a successful artist" How does Van Earl see his future? ·1 hope to continue to work and be healthy. I wantthe eighty-year-o!d me to be doing new things. I want another run at it because things don't get better than that.• I hope you have the opportunity to meet Delos Van Earl at his studio in Yucca Valley. Rnd out more at his website, delosvanearlstudios.com, and read my full interview with him at artistnarratives.com or judynemerldar.com.@i

TOM SWIMM
NEW EXHIBITION OPENS SATURDAY, FEBRUARY 23, 2019
ARTIST RECEPTION AT PACIFIC EDGE GALLERY 4 TO 8PM
I.AK£SID€ RER.£aJONS
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24"X 36"0/C
51\JDI0:3251 Lagma Canyon Roadl Studio E / ui~ Seach/949-715-1705 View paintings in the exhibition at: www.tomswimmfineart.com GALLERY: Pacific Edge GaUery f 540 So. Coast Highway f uiguna Beach f 949-494-0491 Vie!N paintings in the exhibition at: www.pacificedgegallery.com ARTPATRO NMAG AZIN E.CO M 55
Item 1N - Page 37
ARTS+ CULTURE
In the Studio - Delos Van
Earl

HIDE AND SEEK
Story by Stc\'cn Biller
Palm Springs Live Magazine
Whether abstract or representational, art can be heroically expressive. It can stand up for something, be a champion. Delos Van Earl's energetic new paintings achieve this by harnessing the pure chance and ultimate triumph of nature.

The paintings in the Viscus series also punctuate a bright new direction for Van Earl, the Palm Springs artist whose distressed, painted bronze and steel works put his career on autopilot for longer than a decade. Those sculptures and wall pieces - each protruding a colorful angularity - bear the aged appearance of a long-past time.

The Viscus paintings, on the other hand, hold the promise of the future - nature's continuum and cycles of life - and signal a mature and emotional response to the angst-infused, shock-and-awe images that permeate our lives and some contemporary art.
uThese paintings are just the opposite/' Van Earl says. "Using nature as the reference point forces you to work at a higher level. Nature is more sophisticated than are humans. Everything's perfect: The veins in a leaf are organized chaos, but also where they need to be. There's a sense of grace."
In Van Earl's large paintings, grace comes at a tremendous physical cost: the process.

He applies up to 20 layers of oil enamel paint on museum-quality wood panels - many as large as 6-foot squares or paired in dynamic diptychs. Within each thick coat, he embeds seeds, dried flowers. twigs, pine needles, grass, bird feathers, and other items Item 1N - Page 38
from nature. This transmutation of detritus into art - in addition to tape, rope, and foam he buries into the layers - gives way to the physical and aesthetic challenge of unearthing the final picture. This time-consuming and exhausting process (waiting for one coat to dry before applying the next and sanding through the layers) ultimately gives each painting the appearance of a deeply textured surface. However, his finishing process - sanding, waxing, and buffing - makes for wonderful irony: The final pictures, chock full of the stuff of nature, are impossibly smooth to the touch and a gutsy departure from the rough, often chemically corroded edges of his earlier work. "This is an evolution," he says. "This work has a relation to the human condition.

Everything you do in life counts; that's what these paintings are about. Everything matters."
Everything matters, too, in these biomorphic paintings. Van Earl hides items in each painting, only to rediscover them from a different perspective. "It's like creating memories," he says. "They're sometimes hard to remember; but when we find them, we treasure them as they should be."
The transition to these paintings manifested during an emotionally wrenching period during which Van Earl doubled as caretaker and medical champion for his wife, Jena, who was suffering from a debilitating condition. "I don't know if I'd have been able to get here without Jena," Van Earl says, emphasizing how she continued to push him creatively through this challenging period. "Life has to push you to a level to see a deeper truth - a simplicity, a resentment of the superficial, an attempt to reach some level of purity."
We're born with only our environment and free will and choice, he says, but we process decisions, however impulsive, through various filters. "No single aspect of life is so essentially important. Life is fragmented with different variables." The artist's understanding of these variables leads him to resolutions that reflect calculated risks and sound choices. He leaves us with supercharged images - sometimes tranquil, sometimes violent-that seldom come easily.

Moreover, Van Earl's resolution of discord feels natural. In his first group of single-panel Viscus paintings, the monikers are meaningful to artist and viewer: Wag of a Labrador's Tail is genuinely playful; Fusion of Scarlet Rhythm has a flirtatious quality, a convergence of energy that could be a metaphor for sexual intercourse; and Echoes in the Mind has transfixing powers. As the series progressed, Van Earl often named paintings to refer to natural gestures, such as the chaotic perfection of a bird's nest, a spinning tornado, or hypnotic raindrops.

He has searched his soul and emerged with fresh vision. The result comes in the form of paintings that could be his most powerful yet.

Item 1N - Page 39
In the desert, jungle
fever
Palm Springs famous Jungle Red sculpture
ByXl.ra...fditOI • July 18, 2013 5:17 pm EDT
One of Palm Springs' most familiar landmarks is Jungle Red. Credit: Scott Brassart It's big, it's long, and it's hard. If you're in the mood you can sit on it. It's also Palm Springs' most recognizable public sculpture.

Jungle Red - 14 feet high, 15 feet wide, 38 feet long - graces the entrance to Warm Sands, the most vibrant gay neighborhood in Palm Springs. The 2008 installation of the sculpture by Delos Van Earl marked the culmination of three years effort by the Warm Sands Neighborhood Association.

Item 1N - Page 40
"The site suffered from benign neglect for years," says Robert Stone, who spearheaded the campaign, in reference to the formerly ugly median strip at the entrance to the neighborhood. "We thought it would be good for everyone if the site were rehabilitated."
Van Earl admits that he usually avoids doing public art. "It doesn't suit my personality," he says. "It's a lot of paperwork and process, and I don't deal with that very well."
This project was special, though, because he wanted to give back to the Palm Springs community. "I've been fortunate,'' he says. "The gay community in particular has been very supportive of my work. So this sculpture is a wonderful way for me to give back, especially where it's situated, right there in Warm Sands." The work is from Van Earl's Luna series, a collection of large-scale sculptures based on the linear form. "I call them subterranean," he says. "A portion of the work is beneath the ground, and is imaginary."
Like all works in the series, Jungle Red appears to be a single, rhythmic line undulating over and around and through itself- a sculpted steel version of modern dance.

One of the great features of Jungle Red is that it is interactive; designed to be viewed from all angles, walked through, and touched.
"That's what I like best about this piece," Van Earl says. "You can stand next to it, you can sit on it. The back tail is actually designed so people can get up on it." Item 1N - Page 41

DELOS VAN EARL

EDUCATION
MFA, Mills College, Oakland, California
BA. California State University, Chico, California

SOLO EXHIBITIONS
2022 Commission Schedule Only 2021 Commission Schedule Only 2020 Commission Schedule Only 2019 Commission Schedule Only
2018 Commission Schedule Only
2017 Commission Schedule Only 2016 "Meridians", Ramey Fine Art, Palm Desert, California "White Rabbit", Sense Fine Art, Menlo Park
2015 "Zenith", Ramey Fine Art, Palm Desert, California
2014 "Meridian Bronzes", Sense Fine Art, Menlo Park, California 2013 Premiere of Meridian Series, Palm Springs Fine Art Fair, Hamamjian Modern, Palm Springs, California
2012 "Viscus Paintings", Howard Hughes Medical Institute, Chevy Chase, Maryland "Viscus Paintings", Janelia Farms Research Campus, Ashburn, Virginia 2010 "Viscus 3.0 "The Glassworks", Gail Severn Gallery, Sun Valley, Idaho "Viscus 3.0" The Glassworks, Ramey Fine Art, Palm Desert, California 2009 "Viscus 3.0", The Edge Gallery, Santa Fe, New Mexico "Viscus" Glassworks". Sense Fine Art, Menlo Park, California 2008 "Current Perspective", Gail Severn Gallery, Sun Valley, Idaho 2007 "Viscus 2.0", Sense Fine Art, Menlo Park, California "Southern Exposure", Jillian Glowinke Fine Art, Corona del Mar, California "Viscus Paintings/ Luna Sculpture", Eleonore Austerer Gallery, Palm Desert, California 2006 "Viscus 2006", Sense Fine Art, Menlo Park, California "Everything Matters", Viscus Paintings and Luna Sculpture, Gail Severn Gallery, Sun Valley, Idaho
"New Bronzes", Gallery Bienvenu, New Orleans, Louisiana 2005 "The Viscus Paintings", Sense Fine Art, Menlo Park, California "Nazca and Phoenix", Hayes George Gallery, Char1otte, North Carolina "The Viscus Paintings", Argazzi Gallery, Lakeview, Connecticut.

New Work From Phoenix. Terra & Nazca Series, Eleonore Austerer Gallery, Palm Desert, California
"The Phoenix Series·, Susan Street Gallery, Solana Beach, California 2004 "Viscus Premiere", Sense Fine Art, Menlo Park, California "Phoenix Premier", Gail Severn Gallery, Sun Valley, Idaho 2003 "Steel Resolve", Susan Street Gallery, Solana Beach, California "Earthbound", Sense Fine Art, Menlo Park, California
·steel Resolutions", Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Tre Contemporary Gallery, Palm Desert, California
2002 Tercera Gallery, San Francisco, California
Item 1N - Page 42
SOLO EXHIBITIONS, cont.
2002 Boritzer/Gray/Hamano Gallery, Santa Monica, California "No Boundaries", Gallery Siu, Palm Desert, California
2001 Chiaroscuro Gallery, Scottsdale, Arizona
Gail Severn Gallery, Sun Valley, Idaho
Todd Madigan Art Gallery, CSUB, Bakersfield, California "Night and Day", Gallery Btu, Palm Desert, California
·steel Radius", Boritzer/Gray/Hamano Gallery, Santa Monica, California 2000 "Vestiges", Gail Severn Gallery, Sun Valley, Idaho "Red at Blu", one-person show, Gallery Blu, Palm Desert, California 1999 "Imperfect", Boritzer/Gray/Hamano Gallery, Santa Monica, California One-person show, Gallery Siu, Palm Desert, California
1998 One-person show, Denise Roberge Gallery, Palm Desert, California 1997 One-person show, Gallery Blu, Palm Desert, California 1991 One-person show, Sherry Frumkin Gallery, Santa Monica, California 1990 One-person show, Accurate Art Gallery, Sacramento, California 1989 "Return To River City", one-person show, Barbara McDonald Gallery, Sacramento. California
1988 "Emerging Artists", Riverside Art Museum, Riverside, California 1978 MFA Exhibit, Mills College Art Gallery, Oakland, California 1972 "Colored Walls", Installation, Shasta College, Redding, California

GROUP EXHIBITIONS
2021 Color Journeys, Gail Severn Gallery, Sun Valley, Idaho 2019 Color & Form as Metaphor H, Gail Severn Gallery, Sun Valley, Idaho Absolutely Abstract, Yucca Valley Visual & Performing Arts Center, Yucca Valley, California MThe House That Art Builr, Indio Public Arts and Historic Preservation Commission, Indio, California
2018 JT AG, PopUp, Joshua Tree, CA
2017 Desert Artists, Ramey Fine Art, Palm Desert, CA 2016 City of Palm Desert, El Paseo Invitational Exhibition 2016-2018, Palm Desert, California 2015 Art Silicon Valley/San Francisco, San Mateo, California 2014 Art Silicon Valley/San Francisco, San Mateo, California Gallery Premiere, Ramey Fine Art, Palm Desert, California 2013 City of Palm Desert, El Paseo Invitational Exhibition 2013-2014, Palm Desert, California 2012 The Red Arrow Gallery, Joshua Tree, California
2011 Gail Severn Gallery, Winter Group Show, Sun Valley, Idaho 2009 Ramey Fine Art, Grand Opening, Palm Desert, California Orange County Museum of Art -Art and Architecture Tour
2008 "Abstractions", Argazzi Gallery, Lakeview, Connecticut Grand Opening, The Edge Gallery, Santa Fe, New Mexico
''Texture and Surfacen, Renee George Gallery, Charlotte, North Carolina 2007 Art and Architecture Tour Orange County Museum of Art Group Contemporary Show, Gail Severn Gallery, Sun Valley, Idaho Orange County Museum of Art-Art and Architecture Tour
"Contemporary Surfacesn. Argazzi Gallery, Lakeview, Connecticut Summer Group Show, Margo Jacobsen Fine Art, Portland, Oregon Delos Van Earl, page 2
Item 1N - Page 43
GROUP EXHIBITIONS, cont.
2006 Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Two person show, American Institute of Architects, Los Angeles Home Tour Gallery Artists, Eleonore Austerer Gallery, Palm Desert, California 2005 "Small Works", Hayes George Gallery Grand Opening, Charlotte, North Carolina "Texture and Surface". Hayes George Gallery, Charlotte, North Carolina "Surface", Gail Severn Gallery, Sun Valley, Idaho "Canvas & Steel", Two person show, Lurie Fine Art, Boca Raton, Florida Summer Group Show, Argazzi Gallery, Lakeview, Connecticut Two person show, Glass Garage Gallery, West Hollywood, California 2004 "Winter Abstraction", Gail Severn Gallery, Sun Valley Idaho Winter Group Show, Susan Street Gallery, Solana Beach, California "Metal and Glass", Eleonore Austerer Gallery, Palm Desert, California Three person show, William Havu, Denver, Colorado Three person show, Finer Things Gallery, Nashville, Tennessee Grand Opening, Eleonore Austerer, Palm Desert. California SOFA, Navy Pier, Chicago, Illinois
20111Anniversary Group Show, Butters Gallery, Portland, Oregon 2003 Summer Sculpture Show, Gail ~evern Gallery, Sun Valley, Idaho Spring Group Show, Susan Street Gallery, Solana Beach, California Summer Group Show, Eleonore Austerer Gallery, Palm Sprfngs, CA Four-person show, William Havu Gallery, Denver, Colorado 2002 City of Palm Desert, El Paseo Sculpture Exhibition, Palm Desert, California SOFA, Navy Pier, Chicago, Illinois
Summer Group Show, Gail Severn Gallery, Sun Valley, Idaho Spring Group Show, Craighead-Green Gallery, Danas, Texas Winter Group Show, Gail Severn Gallery, Sun Valley, Idaho Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California 2001 Grand Opening, Chiaroscuro Gallery, Scottsdale, Arizona Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Summer Group Show, Margo Jacobsen Gallery, Portland
Art In The Courtyard, Tercera Gallery, San Francisco, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Season Premiere, Gallery Blu, Palm Desert, California
2000 Sculpture & Objects of Fine Art", Navy Pier, Chicago, Illinois Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show. Gail Severn Gallery, Sun Valley, Idaho Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Palm Springs International Art Fair, Palm Springs, California 1999 Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Grand Opening, Tercera Gallery, San Francisco, California
Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Group show, Gail Severn Gallery, Sun Valley, Idaho
Introductory Exhibition, Tercera Gallery, Los Gatos, California Delos Van Earl, page 3
Item 1N - Page 44
GROUP EXHIBITIONS, cont.
1998 Grand Opening, Gallery Blu, El Paseo, Palm Desert, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Appetite for Art, Los Angeles County Museum of Art, Los Angeles, California Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Director's Choice, 98, Adamar Fine Art, Miami, Florida
1997 Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Visual And Inner Landscapes, Merging One Gallery, Santa Monica, California Sculpture & Objects of Fine Arts, Miami Convention Center, Miami, Florida 1996 Art Miami "96, Miami Convention Center, Miami, Florida Three - D, Adamar Fine Art, Miami, Florida
Appetite for Art: An Evening of Art, Sex, Food & Videotape.

Los Angeles County Museum of Art, Los Angeles, California 1995 Director's Choice, '95, Adamar Fine Art, Miami, Florida Grand Opening, Ross Watkins Gallery, Palm Desert, California Small Works, Posner Fine Art, Los Angeles, California
1994 Director's Choice, 94, Adamar Fine Art, Miami Florida Canvas of Hope, Orange County Chapter of the American Parkinson's Disease Association, Laguna Hills, California
Landscapes/ Structure, Rachel Lozzi Gallery, Los Angeles, California Two-person show, Adamar Fine Art, Miami Florida
1993 Invitational Exhibition, Eleonore Austerer Gallery, San Francisco, CA Gallery Artists, Season Premiere, Adamar Art Collection, Miami, Florida Intermezzo, John Thomas Gallery, Santa Monica, California Invitational Exhibition, Bay Arts, San Francisco. California 1992 Outstanding Maquettes, Hakone Open-Air Museum, Tokyo, Japan Two-person show, Adamar Art Gallery, Miami, Florida
Sculptural Invitational, Rancho Mirage City Center, Rancho Mirage, California 1991 Sculpture Annual, Mary Bell Gallery, Chicago, Illinois 1990 Two-person show, "A" Gallery, Palm Desert, California Sculpture Annual, Mary Bell Gallery, Chicago, Illinois
1989 Vessels, John Thomas Gallery, Fullerton, California Art of Function, William Lamb Gallery, Long Beach, California Invitational Exhibition, Mary Bell Gallery, Scottsdale, Arizona Maliboo, Barry White Gallery, Malibu, California
Grand Opening Exhibition, John Thomas Gallery, Santa Monica, California Inaugural Exhibition, La Quinta Arts Foundation, La Quinta, California 1988 Artist Toys, John Thomas Gallery, Fullerton, California Invitational Exhibition, "A" Gallery, Palm Desert, California Outdoor Sculpture, College of the Desert, Palm Desert, California New Faces, John Thomas Gallery, Fullerton, California
1987 Images '87, Bowers Museum, Santa Ana, California
33rd Annual Exhibition, San Diego Art Institute, San Diego, California Sculpture, City Gallery, Sacramento, Califomfa
Invitational Exhibition, Gallery Vander Woude, Palm Springs, California 1986 Two person show, Djurovitch Gallery, Sacramento, California 1986 Three Sculptors, J. Noblette Gallery, Sonoma, Caljfomia Sacramento City Council Invitational, Sacramento, California 1985 Gallery Artists, City Gallery, Sacramento, California Delos Van Earl, page 4
Item 1N - Page 45
GROUP l:XHIBITIONS, cont.
1980 Texas Sculpture, Galveston Art Center, Galveston, Texas 1977 First Year Exhibition, Mills College Art Gallery, Oakland, California 1972 Shasta Painters, Redding Civic Center, Redding, California North Coast Annual, Humboldt Cultural Center, Eureka, California 1976 Mills College Graduate Students, Oakland Civic Center, Oakland, California 1975 Hayward Annual Juried Exhibit, Hayward Art Center, Hayward, California 1974 Juried Student Show, Cal-State University, Chico, California

REVIEWS AND PUBLICATIONS
"Talent and Resiliency", Art Patron, Spring 2019.

The Desert Sun, November 24, 2015, article and photographs. "Orange Twist", The Desert Sun", February 7, 2014, article and photographs.

Landmark Neighborhoods, Sunday, June 19, 2011, article and photographs.

Nail Pro Magazine, May, 2010, article and photographs.

The Bottom Line Magazine, November, 2009, article and photographs. "The Bellevue Collection" sales brochure", July, 2009.

Architectural Digest, May 2009, installation photograph. "Spotlight on Green Art, June, 2008, article and photographs.

The Desert Sun. January 20, 2008, article and photograph. "Go West" with David Garcia, segment on public arts programs, aired 4/21/07 on KCBW Space Magazine, January, 2007, Article and photographs
Palm Springs Life, December 2005, Article and photograph.

Gallery Guide, October 2005. Cover, article and photograph.

Desert Magazine, January 2005. Article and photographs.

Palm Springs Life, Annual Desert Living Issue. Gallery ad and photo.

Art In America, October 2004, Full page photograph and show listing.

The El Paseo Sculpture Invitational Exhibition: 2004 Video and Print Campaign "Path of the Bighorn, Connecting A Community", 2004 Bighorn Institute.

The Desert Sun, February 2, 2003. Article and photograph.

The Press-Enterprise, January 26, 2003. Article and photograph.

Palm Springs Life, Path of the Bighorn. January 2004.

Decor & Style, November 2003, article and photographs.

The San Diego Union-Tribune, October 10, 2003. Article and photograph.

Palm Springs Life, March 2003. Photograph and show announcement.

Chico's, Fall 2002. Nationally run television commercial, catalogue.

California Homes, February 2003, ten page article and photographs.

Gallery Guide, West Coast Edition, Summer 2002. Half page ad and photograph.

Catalogue, The Nazca Series, February 2002.

Gallery Guide, West Coast Edition, January 2002. Cover photograph, review.

Art News, December 2001. Full-page photograph and gallery listing Arizona Foothills, December 2001. Full-page photograph and gallery listing.

Palm Springs Life, October 2001. Photograph and announcement.

Sun Valley Magazine, July 2001. Photograph and announcement.

The Bakersfield Californian, April 20, 2001. Review.

Delos Van Earl, page 5
Item 1N - Page 46
REVIEWS AND PUBLICATIONS, cont.

The Desert Sun, February 11, 2001. Review and photographs.

Next Magazine, February, 2001. Article and photographs.

Palm Springs Life, February, 2001. Article and photographs.

Parle City Record, December 20, 2000. Review and photograph.

Desert Art Scene, Fall, 2000. Gallery Announcement and photograph.

Palm Springs Life, October, 2000. Photograph and announcement.

LA Times, July 23, 2000. Article and photograph.

Desert Post Weekly, February 17, 2000. Review and photograph.

Palm Springs Life, February, 2000. Photograph and announcement.

Palm Springs Life, November, 1999. Photograph and announcement.

Art In America, July 1999. Full page photograph and gallery listing.

Desert Art Scene, Spring 1999. Gallery announcement and photograph.

The Bottom Line, March 25, 1999. Review of one-man show at Gallery Btu.

Southwest Arts, April, 1997. Review of one-man show at Denise Roberge Gallery.

The Desert Sun, June 22, 1997. Review of one-man show, photographs.

Haute Decor, October-November, 1996. Review of work, photographs The Fujisankei Biennale Catalogue, August, 1993. The Hakone Open-Air Museum, Tokyo
Haute Decor. December-January 1993. Review of work.

Guide to The Arts, January, 1993. Gallery announcement and photograph.

The Desert Sun, July 5, 1992. Review of work, biographical article, photographs. The Desert Sun, June 14, 1992. Review of work and photograph.

Florida Design, Volume 2, Number 3 (October, 1992). Full-page color gallery advertisement.

The Desert Sun, March 29. 1992. Review of work and photograph.

The Desert Sun, October 20, 1991. Review of work and photograph.

Gallery Guide, December, 1991. Full-page photograph and gallery announcement.

Gallery Guide, August 1990. Gallery announcement and photograph.

Sacramento Good Life, July 1989. Review of work and photograph.

Art News, September 1988. Full page color advertisement.

Emerging Artist 1988, June 1988. Riverside Art Museum published catalogue.

Riverside Register Guard, July 5, 1988. Review of show.

Santa Ana Register, August 30. 1987, Review of show.

Sacramento Bee, May 14, 1987. Review and photograph of show.

Placer County News, May 1987. Review of show.

Auburn Journal, May 8, 1987. Review of show.

Sacramento Bee, March 15, 1987, Review of show

SELECTED CORPORATE AND PUBLIC COLLECTIONS
Cooley, LLP, Menlo Park, California
Viejas Casino Resort Hotel, Alpine, California
Pechanga Resor1 Casino, Temecula, Callfomla
Dr. William Grimm. Palm Springs, California
City of Coronado, California
Clorox Corporation, Pleasanton, California City of Sun Valley, Sun Valley, ID Howard Hughes Medical Institute, Janelia Fanns Campus, Ashburn, Virginia Delos Van Ear1, page 6
Item 1N - Page 47

SELECTED CORPORATE AND PUBLIC COLLECTIONS
City of Palm Springs, Palm Springs, California
Pacific Life Insurance Company, Newport Beach, California Innovation, Manassas, Virginia
Weil, Gotshal and Manges, Dallas, Texas
California National Bank, Orange County, California
Hyatt Hotels, Bellevue, Washington USBancorp, Los Angeles, California United Brotherhood of Carpenters, Washington D.C.

Sun Valley Symphony, Sun Valley, Idaho
Bank of America, Charlotte, North Carolina
Pacific Life Insurance Company, Newport Beach, California American Career College, California
Hewlett Packard, Seattle, Washington
Guy Dreier Habitat, Palm Desert, California
SELECTED CORPORATE AND PUBLIC COLLECTIONS, cont.

GenStar Capital LP, San Francisco, California
The Living Desert, Palm Desert, California
Elroy Corp., Laguna Beach.

Perkins-Coia LLP, Los Angeles, California
Opus Moon Enterprises, Inc., Los Gatos, California
ANZDL, Australian-New Zealand Direct Line, Costa Mesa, California Electronic Data Systems, Los Angeles, California
Hippocrates Health Institute, West Palm Beach, Florida
OPTO 22, Temecula, California
BRUZZI of Miami, Florida
Mark Palmer Design, Palm Desert, California
Antares Hotel, Palm Springs, California
Desert Palms Hotel, Palm Springs, California
New York Stock Exchange, New York City, New York
Bowers Art Museum, Santa Ana, California
Sutter General Hospital, Sacramento, California
Hugh O"Brien Foundation, Westwood, California
B. L. Wood Products, Eugene, Oregon
Jon Piper Interests, Palm Springs, California
Excaliber Motor Cars, Palm Springs, California
Delos Van Earl, page 7

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 1 WITH MATICH

CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $347,380 FOR THE 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Staff is requesting approval of Contract Change Order No. 1 in the amount of $347,380 for select pavement rehabilitation inside the Wastewater Treatment Plant (WWTP). The funding for this additional work will be appropriated from the Wastewater Fund Balance.

RECOMMENDATION:

1. Approve Contract Change Order No. 1 in the amount of $347,380 to Agreement 24B050 with Matich Corporation for the 2024 Pavement Rehabilitation, City Project 24-01;

2. Appropriate $347,380 from the Wastewater Fund balance; and

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form from Matich Corporation is included as Attachment A.

BACKGROUND:

On February 29, 2024, the City Council awarded a construction contract to Matich Corporation (Matich) in the amount of $8,799,456 for the 2024 Pavement Rehabilitation Project. The initial scope of work included approximately 1.8 million square feet of pavement rehabilitation and associated utility/monument cover adjustments. In addition, any curb ramps adjacent to the streets selected for complete asphalt concrete (AC) Item 1O - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Approve CCO No. 1 CP 24-01 Pavement Rehabilitation
surface reconstruction will be brought up to current Americans with Disabilities Act (ADA) standards.

STAFF ANALYSIS:

On May 15, 2024, Ken Huntzinger from Veolia, operators of the WWTP, reached out to Engineering Services to inquire about including select areas inside the perimeter of the WWTP for pavement rehabilitation. The areas noted in blue, shown in Figure 1 below, were inspected by Engineering Services and assessed to be in poor condition due to moderate to severe weathering, base failure, and heavy linear cracking. One of the parking lots currently consists of soil, which is a major cause of track out onto Vella Road.

As a result, Veolia is requesting a paved surface.

Figure 1 – Wastewater Treatment Plan, areas to pave
This change order will provide the needed pavement rehabilitation for Veolia to continue their day-to-day activities utilizing their large equipment/heavy work vehicles while minimizing track out onto Vella Road and on E. Mesquite Avenue. Staff reviewed the proposed change order and is recommending approval of Contract Change Order No. 1.

A copy of the change order is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, Item 1O - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Approve CCO No. 1 CP 24-01 Pavement Rehabilitation
permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that 2024 Pavement Rehabilitation, City Project No. 24-01, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A, Improve City Facilities – Prioritize Deferred Maintenance.

FISCAL IMPACT:

There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this change order.

REVIEWED BY:

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

A. Public Integrity Disclosure Form – Matich
B. Contract Change Order No. 1
Item 1O - Page 3
Attachment A
Item 1O - Page 4
Item 1O - Page 5

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
Name of Entity
Matich Corporation
Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92408
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes No
Type of Entity
•
rs/' Corporation • Limited Liability Company • Partnership • Trust • _Other (please soecifv)

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 Robert M. Matich ~Officer D Director • Member • Manager President • General Partner • Limited Partner
• Other
Randall S. Valadez lVOfficer • Director • Member • Manager Vice President, Treasurer, Corporate Secretary • General Partner • Limited Partner • Other
Jason G. Jones ~Officer • Director • Member • Manager
Vice President - Estimating • General Partner • Limited Partner • Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Continued

REQUIRED DOCUMENTS FOR BIDDING
PAGE 17
Item 1O - Page 6

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01
Name of Entity
Matich Corporation
Address of Entity (Principle Place of Business)
1596 Harry Sheppard Blvd, San Bernardino, CA 92408
Local or California Address (if different than #2)
13984 Apache Trail, Cabazon, CA 92408
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? • Yes No
Type of Entity
D
rs/ Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

REQUIRED DOCUMENTS FOR BIDDING
PAGE 17
Item 1O - Page 7
CH

PORATION
Corporate Resolution
At a meeting of the Board of Directors of MATICH CORPORATION, a California corporation duly called and held on the 15th day of October 2021, a quorum being present the following RESOLUTION was adopted:

Resolved, the Corporate Officers for Matich Corporation are:

PRESIDENT

VICE PRESIDENT & TREASURER

VICE PRESIDENT & CORPORATE SECRETEARY

VICE PRESIDENT- ESTIMATING

VICE PRESIDENT - CONSTRUCTION OPERATIONS
ROBERT M. MATICH
RANDALL S. VALADEZ
RANDALL S. VALADEZ
JASON G. JONES
JACOB 0 . READE
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to sign document (bids, contracts, etc.) as may be necessary on behalf of MATICH CORPORATION.

I, Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoing RESOLUTION with original thereof, as it appears in the records of the Board of Directors of said company, and do so certify that the same is true and correct transcript there from, and of the whole said original RESOLUTION.

I further certify that said RESOLUTION has not been amended or revoked and is still in full force and effect.
1596 HARRY SHEPPARD BLVD, SAN BERNARDINO 92408 • TELEPHONE (909) 382-7400 • FAX (909) 382-0191 www.matichcorp.com
Item 1O - Page 8

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (CONTINUED) 2024 PAVEMENT REHABILITATION, CITY PROJECT NO. 24-01

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

Jane Doe 50%, ABC ComQany, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Robert M. Matich 100%, Matich Corporation
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
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 entitvl

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

Signature of Disclosing Party, Printed Name, Date
Title ~ )
I
V
Jason G. Jones 01/24/2024 Vice President - Estimating ,All • • l UI ~ (

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

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

REQUIRED DOCUMENTS FOR BIDDING
PAGE 18
Item 1O - Page 9
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals)
What Must I Disclose?

1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity;
(2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

REQUIRED DOCUMENTS FOR BIDDING
PAGE 19

Page 22 of 50 ends

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

F Other _______________________________
_______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner

F Other _________________________________
______________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
Dudek
605 Third Street, Encinitas, CA 92024
78-075 Main Street, Suite G-203, La Quinta, CA 92253
California
X
Frank Dudek
X
Mark Girard, Member
Joseph Monaco, Member
Peter Quinlan, Member
Robert Ohlund, Member
Gerry Salontai, Member
Tom Larkin, Member
X
X
Item 1O - Page 10

Page 23 of 50 ends

F Other _______________________________

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

Frank Dudek 24%
ESOP 35%
George Litzinger
CM Division manager April 24, 2020
Item 1O - Page 11

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other 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
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
Item 1O - Page 12

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
Item 1O - Page 13
Attachment B
Item 1O - Page 14

Page 1 of 1 ends

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 1
CP 24‐01 PAVEMENT REHABILITATION
Contractor: Matich Corporation Date: June 26, 2024

CONTRACT CHANGE ORDER SUMMARY
This time & material Contract Change Order No. 1 is to address pavement area in poor condition and to provide a hardscaped parking lot area within the Wastewater Treatment Plant.

CONTRACT CHANGE ORDER COST
ID Description QTY Unit Unit Price Total Cost
01 Mobilization 1 LS $23,000 $23,000
02 Parking Area – Excavation & Grading 1 LS $28,000 $28,000 03 Parking Area – Hardscape consisting of 8‐inch PCC 6,552 SF $14.00 $91,728 04 Access Roadways – Excavation & Grinding 1 LS $60,000 $60,000 05 Access Roadways – 4‐inch AC over Native 42,425 SF $2.40 $101,820 06 Access Roadways – AC Berm/curb 1,520 LF $21.60 $32,832 07 Access Roadways – Rip Rap Spillway (5 ft x 12 ft) 5 EA $2,000 $10,000 Total Contract Change Order Amount: $347,380
CHANGES TO CONTRACT TIME:

A total of 30 calendar days will be added to the contract time to accommodate the additional pavement work requested at the Wastewater Treatment Plant.

Summary of Costs:

Original Contract Amount: $8,799,456.00 Construction Start Date: 04/15/2024 Previous Change Orders: $0.00 Previous Agreed Completion Date: 08/21/2024 This Change Order Amount: $347,380.00 Calendar Days Added: 30 Revised Contract Amount: $9,146, 836.00 Revised Completion: 09/20/2024 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor.

Company name
Company rep, title Date

City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk Date

Item 1O - Page 15

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: ESTABLISH A CITY OF PALM SPRINGS RENTAL REGISTRY AND APPROVE SOFTWARE AS A SERVICE (SaaS) INITIAL AGREEMENT
WITH 3Di, INC.

FROM: Scott C. Stiles, City Manager
BY: Department of Housing and Community Development
SUMMARY:

Approve the Software as a Service (SaaS) Subscription to 3Di, Inc. in order to establish the City of Palm Springs Rental Registry as mandated in the approved City of Palm Springs Housing Element.

RECOMMENDATION:

1. Approve the Software As a Service (SaaS) Subscription Agreement 24S140 with 3Di, Inc. for the City of Palm Springs Rental Registry as mandated in the HCD approved Housing Element in an amount not to exceed $338,376 over a five-year period (Attachment A).

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from 3Di, Inc. is included as Attachment B.

BACKGROUND:

The City of Palm Springs Housing Element (Housing Element) was approved by the California Department of Housing & Community Development (HCD) on January 19, 2024. In the Housing Element, Table 3-45 “Housing Program Summary”, HS1.4 “Accessory Dwellings” calls for the creation of a voluntary rental registry that allows owners to advertise ADUs and links prospective low-income residents to ADUs. HS1.5 proposes to use the rental registry to monitor production of ADUs and affordability.

Item 1P - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Rental Registry Service Agreement
Staff researched companies who are able to create such a registry with interfaces for the tenant, landlord and municipal staff and found 3Di, Inc. This is a California-based business that has delivered award-winning public-sector solutions to local governments for over 20 years. 3Di Engage for Housing (the user platform) delivers comprehensive, fully integrated solutions to issues in affordable housing, accessible housing, and tenant protections. Focusing on the latter, they can provide the tools to create an accurate rental unit inventory, assist staff in enforcing livability standards, ensure evictions are conducted for just/good reasons, and stabilize rent burdens.

STAFF ANALYSIS:

With the Housing Element calling for such a registry, the idea has expanded from a voluntary registry for ADUs into creating a rental registry to assist middle- and low-income residents to find affordable rentals within all housing types. In addition to creating a marketplace-like atmosphere assisting residents at multiple income levels, this registry assists staff in having a better understanding of the housing market and rental availability.

The current lack of available information on rental properties limits the City’s ability to provide appropriate oversight of the housing market and can create issues for deferred maintenance and tenant mistreatment that can severely affect the mental, physical, and financial well-being of renters.

Staff is diligently working on a Rent Registry Ordinance to establish an annual reporting requirement to submit data into a City database regarding rents and other relevant information about rental units during the annual business license renewal process. The annual reporting requirement will apply to owners of residential rental property, with some exceptions. The data collected will be used to inform the City Council about the rental market, trends, and housing stock in Palm Springs. For at least the first year, the annual fee will be the business license fee multi-family rentals are already paying.

Landlords and property managers will be able to use the rent registry to find information to frequently asked questions like the Annual General Adjustment for rent increases, how to give proper notice of rent increases, how to terminate tenancy, and more. This registry can also give guidance to landlords regarding the City’s Rent Stabilization Ordinance and Rent Control Ordinance.
3Di Engage for Housing takes housing departments beyond the traditional request-based system for managing services. Many municipalities in the country, and specifically here in California, have used 3Di and their registration software for years to have a better inventory and a way to establish better relationships with landlords and property managers to address the housing needs of the residents. Other cities who have benefitted from the software and a rent registry include San Francisco, Los Angeles County, Berkeley, Burbank, Mountain View, and Santa Monica to name a few.

The software includes features such as:
• General Housing Features
Item 1P - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Rental Registry Service Agreement
o Manage the content presented on the Universal Web Portal o View properties which Landlords have registered (claimed to profile) o Landlord Services Dashboard
o Landlord Services Case History
o Tenant Services Dashboard
o Tenant Services Case History
o Multilingual Support
o Responsive Web Portal
o Online Payments/Fee Engine
• Property Inventory Features
o View Property Inventory
o Import Property Inventory Data (using fixed input format) o Export Property Inventory to Excel
o Add a property to the Property Inventory
o Edit Property Details
o Manage Site Addresses for a Property
o Verify Site Address
o Set the Property Type / Designation
3Di, Inc is a sole source provider of these services, which is allowed by Title 7 Section

7.05.020 of the Municipal Code. The initial agreement between the City and 3Di, Inc. begins on August 1, 2024 and ends July 31, 2025. Upon the expiration of the initial term, the City has the option to renew for up to four (4) more years. For the first year, the City will be paying $30,000 for building the software, training and implementation, and $77,700 for subscription costs. The annual costs thereafter are described in the following table, which are payable upon renewal of the annual subscription. Over the proposed five (5) year agreement, the total costs shall be $338,376.

Item 1P - Page 3
City Council Staff Report
July 9, 2024 -- Page 4
Rental Registry Service Agreement
Year 1 Year 2 Year 3 Year 4 Year 5
Section 1: Services
Implementation Management
$30,000
Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
Standard Integrations
Total Software and Services Costs $30,000
Section 3: Software Integrations (Optional)
Software Integration $0
Total Integrations Costs $0
Section 4: Annual Subscriptions including Ongoing Maintenance, Operation & Support (SaaS) Subscription for Rent Registry $31,500 $37,800 $39,690 $41,675 $43,758 Subscription Addition for Rent
Stabilization $4,500 $6,300 $6,615 $6,946 $7,293
Subscription for Housing Help Desk $11,700 $16,380 $17,199 $18,059 $18,962 Total SaaS Subscription Costs $47,700 $60,480 $63,504 $66,679 $70,013 TOTAL COSTS $77,700 $60,480 $63,504 $66,679 $70,013
Grand Total $338,376
Staff recommends approval for a one (1) year software annual maintenance agreement with the option for four (4) additional years with 3Di, Inc. with the annual subscription prices as noted in the table above and a maximum amount of $338,376.

Item 1P - Page 4

I I I I I I
I I :

City Council Staff Report
July 9, 2024 -- Page 5
Rental Registry Service Agreement
ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1C, Quality of Life – Affordable Housing.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2024-2025 for $250,000 of the contract and the remainder will be budgeted for in future years.

REVIEWED BY:

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

A. Software As a Service (SaaS) Subscription Agreement
B. Business Disclosure Form
Item 1P - Page 5

ATTACHMENT A

Item 1P - Page 6

ATTACHMENT A
Item 1P - Page 7
1 SOFTWARE AS A SERVICE (SaaS) SUBSCRIPTION INITIAL/RENEWAL AGREEMENT 24S140 Contract Date:

August 1, 2024
Subscription Renewal Date:

Company:
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
Company Contact:

Don Christoff, Director
[email protected]
724.866.6646
Customer:

City of Palm Springs, CA
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Customer Contact:

Ariel Tolefree-Williams,
Housing Services Administrator
[email protected]
760-323-8232
Software as a Service Subscription Products: 3Di Engage Platform: rent registry, rent stabilization, and landlord help desk solutions.

Subscription Fees: Customer will pay an annual fee subject to the terms of Section 4 herein. Pricing details, including renewal year rates, are located in Exhibit A.

Implementation Fees: Customer will pay a one-time fee of $30,000 upon completion of the implementation described in the proposal, which is in Exhibit E. Final Statement of Work will be determined and agreed upon during the implementation Kick-Off meetings. Implementation pricing details are located in Exhibit E.

Number of Genie Hours support per month: 10
The Genie Hours support hours may not be carried over from one month to the next.

Initial Subscription Term: This Agreement’s Term
is 1 year, beginning on August 1,2024, and ending
on July 31, 2025 unless this Agreement ends sooner
according to the terms elsewhere in this document.

Renewal Subscription Term: Upon expiration of
the initial subscription term of this Agreement,
Customer shall have the ability to renew the term of
the Agreement for up to and including 4 successive
additional terms of one (1) year each on terms and
conditions. Pricing details, including renewal year
rates, are located in Exhibit A.

Subscription Service Capacity: Up to 10,000 registered rental housing units annually.

Conditions:
• Subscription costs are applicable from August 1, 2024 • Annual payments for subscriptions are preferred but monthly payments can be accommodated upon request.

Subscriptions are billed at the time of contract execution. Implementation costs are billed upon completion of the implementation.
• Customization beyond the 10 Genie Hours in any given monthly period will be charged on a T&M basis. • Data migration and integration with other software solutions are not included unless otherwise stated. • If desired, the customer will provide web services for the integration of the city’s Microsoft AD servers or ADFS to authenticate the city staff users.
• The customer will provide access to the web services for connecting to their ESRI instance if required. • The customer will make available necessary resources for requirements gathering, testing, deployment, and training as required by the project plan.
• 3Di’s Engage solutions will provide cloud-based data archival, depending on which option that the customer decides to purchase. As long as the subscription is active, 3Di will continue the storage. The customer will have anytime access to their data and they have the ability and right to download the data for other storage/usage options.
• Any costs related to sending text message notifications are not included.

Item 1P - Page 8
LIBC/3968202.1
SOFTWARE AS A SERVICE (SaaS) AGREEMENT
This SaaS Agreement (“Agreement”) is entered into on this 1st day of May, 2024 (the “Effective Date”) between 3Di, Inc. (DBA 3Di Systems) with a place of business at 3 Pointe Drive, Suite 307, Brea, CA 92821 (“Company”), and the Customers listed above (“Customers”). This Agreement includes and incorporates the above Agreement Terms, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof. 3Di, Inc.: Customer:

By: By:

Name: Name:

Title: Title:

Item 1P - Page 9
3 TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit B. As part of the registration process, Customer will identify an administrative user name and password for Customer’s Company account. Company reserves the right to refuse
registration of, or cancel passwords it deems inappropriate.

1.2 Subject to the terms hereof, Company will provide
Customer with reasonable technical support services in
accordance with the terms set forth in Exhibit C.

1.3 Company uses Amazon Web Services (AWS) as the
default service provider for hosting software solutions. As such Company is subject to the terms of their services (available via the provided URLs) in Exhibit D.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse
engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, knowhow or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Customer for use on Customer premises or devices, Company hereby grants Customer a non-exclusive, nontransferable, non-sub-licensable license to use such Software during the Term only in connection with the Services.

2.2 Further, Customer may not remove or export from the United States or allow the export or re-export of the Services, Software or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section

2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR
section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

2.3 Customer represents, covenants, and warrants that
Customer will use the Services only in compliance with
Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations.

2.4 Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.

2.5 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and No rights or licenses are granted except as expressly set forth herein.

Except for Company’s Software and intellectual property, Customer shall own all data and other records and deliverables specific to Customer that are provided, created or maintained pursuant to this Agreement (“Customer Data”). Company shall take reasonable measures to protect, and prevent the loss of Customer Data within Company’s custody or control.

2.6 Customer acknowledges and agrees that the Company is not providing any consulting or advisory services to the Customer, legal or otherwise, in connection with the Services or Software or Application.

3. PAYMENT OF FEES

3.1 Customer will pay Company the then applicable fees
described in the Agreement for the Services and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth on the Agreement or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Notwithstanding the foregoing, Customer shall be provided advance written notice in the event Customer’s use of the Services will exceed Service Capacity. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior written notice to Customer. If Customer believes that Company has billed Customer incorrectly, Customer must contact Company, in order to receive an adjustment or credit.

Item 1P - Page 10
4 Inquiries should be directed to Company’s customer support department.

3.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company forty-five (45) days after the mailing date of the invoice. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

4. TERM AND TERMINATION

4.1 Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Agreement. Upon expiration of the initial subscription term of this Agreement, Customer shall have the ability to renew the term of the Agreement for up to and including four (4) successive additional terms of one (1) year each on terms and conditions.

4.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ written notice. Customer will pay in full for the Services up to and including the last day on which the Services are provided. Upon termination for any reason, Customer shall cease all use of the Software and Application and the Company will make all
Customer Data available to Customer for electronic retrieval for a period of 120 days, but thereafter Company shall delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

5. CONFIDENTIAL INFORMATION

5.1 The Company and the Customer understand and agree
that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, proprietary or confidential information of the other party, including, but not limited to, trade secrets, Web site usage statistics, marketing and business plans, Customer Data and technical information (“Confidential Information”).

5.2 Each party agrees that it shall not, during the term of this Agreement and after its termination, use (except as expressly authorized by this Agreement) or disclose Confidential
Information of the other party without the prior written consent of the other party, unless the receiving party can prove such Confidential Information (i) was known to the receiving party prior to the Effective Date of this Agreement, or (ii) is or becomes publicly available without breach of this Agreement, or (iii) becomes known to the receiving party after rightful disclosure from a third party not under an obligation of confidentiality; or (iv) was independently developed by the receiving party without the use of the disclosing party’s Confidential Information. The receiving party will have the right to disclose Confidential Information without being in breach of this Agreement to the minimum extent necessary to comply with a lawful court order or government regulation, provided that the receiving party provide the disclosing party with advance written notice thereof, and reasonably cooperates with the disclosing party to seek confidential or protective treatment of such Confidential Information. In addition, the receiving party agrees to take all reasonable measures to protect and maintain in confidence the Confidential Information received from the disclosing party. With respect to Confidential Information disclosed by a party under this Agreement, this Section 5 shall supersede any existing agreement relating to confidential treatment and/or nondisclosure of Confidential Information.

6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

HOWEVER, COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;

NOR DOES IT MAKE ANY WARRANTY AS TO THE

RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS

SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED “AS IS” AND COMPANY

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

7. INDEMNITY
Company shall hold Customer harmless from liability to
third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent Item 1P - Page 11
5 jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

8. INSURANCE
When Company signs and delivers this Agreement to
Customer, and during this Agreement’s Term, Company shall furnish Customer with insurance forms that fully meet the requirements of Customer and contain provisions entirely consistent with this Agreement and are incorporated into it by this reference.

This Agreement’s insurance provisions: (i) are separate and independent from the indemnification and defense provisions herein; and (ii) do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions.

9. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE

CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON,

COMPANY AND ITS SUPPLIERS, OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS AND EMPLOYEES

SHALL NOT BE RESPONSIBLE OR LIABLE WITH

RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR

OR INTERRUPTION OF USE OR FOR LOSS OR

INACCURACY OR CORRUPTION OF DATA OR COST OF

PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY

INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER
BEYOND COMPANY’S REASONABLE CONTROL; OR (D)

FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS

ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE

AMOUNTS SET FORTH IN THE INSURANCE

REQUIREMENTS, IN EACH CASE, WHETHER OR NOT

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

10. FORECE MAJEURE
The Customer or Company shall not be liable for any
delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of vandalism, terrorism, lightning, fire.

11. VERIFICATION AND AUDIT
The Company may, at its expense, audit the Customer’s
use of the Software and Application, provided that any such audit shall not interfere with the Customer’s business activities. The Company shall be permitted to conduct automated audits at its reasonable discretion, provided that such automated audits take place without accessing the Customer’s internal information technology networks and do not materially interfere with the Customer’s use of the Software and Application. If an audit reveals that the Customer has utilized more users than authorized or otherwise underpaid fees to the Company, the Customer shall pay the Company applicable fees based upon the agreed upon fee schedule.

12. INDEPENDENT CONTRACTOR
The relationship of Parties is solely that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power to direct or control the activities of the other or constitute either party as the other’s partner, joint venture member, co-owner, agent, franchisee or employee.

13. COMMERCIAL ITEM
This Section shall apply if the Customer is part of the United States government, or is otherwise subject to regulations promulgated by the United States government for the procurement of goods and services. The Software and Application are both “commercial items” under FAR §2.101 and consist of
“commercial computer software” and “commercial computer software documentation” under FAR §12.212 and DFARS §227- 7202. Any use, duplication, or disclosure of the Software or Application or associated documentation by the Customer is governed solely by the terms of this Agreement. Any technical data customarily provided with the Software or Application shall also be governed by the terms of this Agreement pursuant to FAR §12.211. Further, the parties acknowledge that all items or services ordered and delivered under this Agreement are commercial items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, the Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1) (OCT 2003). Further, in the event that the parties negotiate or agree upon a change in the price provided in this Agreement, or should the Company become entitled to an equitable adjustment in the price, the Company shall not be required to comply with the contract cost principles or cost accounting standards of the FAR.

14. BILLING
All fees listed on the SaaS Service Agreement are
exclusive of all taxes. The “Service Fees” are billed on an annual basis in advance; and, due upon receipt of invoice. This secures site, servers and resources necessary to begin project. The “Implementation Fees” are billed upon completion of the “Implementation Services” and the start of SaaS Subscription Services. All payments should be made directly to 3Di, Inc. and Item 1P - Page 12
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6 will not be deemed received until actually received in the Company’s offices. The Company’s mailing address for all payments is:
3Di, Inc.

Attention: Accounts Receivable
3 Pointe Drive, Suite 307
Brea, CA 92821

15. MISCELLANEOUS
This Agreement contains the entire agreement of the
parties, and supersedes (i) any and all previous or
contemporaneous agreements with respect to the subject matter hereof, whether oral or written and (ii) the End User Agreement contained on the Software and Application. In addition, any purchase orders issued by any entity other than the Company shall be valid only for the purpose of identifying this contract for reference purposes only, and any terms included in such purchase orders are void and shall be of no effect. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement may not be assigned by the Customer without the Company’s prior written consent, such consent not to be unreasonably withheld.

The Company may assign, delegate and/or subcontract any or all of its rights or obligations hereunder only upon Customer’s consent, which shall not be unreasonably delayed or withheld.

Any attempted assignment in violation of the foregoing shall be null and void. All notices and consents required or permitted to be given under this Agreement shall be in writing to the parties at the addresses designated herein or to such other address as either party may designate to the other by written notice, and shall be effective upon receipt. Written notice shall be made in the form of a certified letter, confirmed facsimile transmission or acknowledged receipt of electronic mail. Receipt shall be deemed to have occurred: five days following mailing of a certified letter; upon receipt of confirmation of fax; and upon receipt of confirmation of receipt of e-mail. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of California, without reference to the conflicts of laws rules or any other rules that would result in the application of a different body of law. If any part of this Agreement shall be held to be void or unenforceable, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such writing.

This Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and both of which together shall constitute one contract. Fax copies of signatures shall also be treated as originals for purposes of this Agreement.

The Customer acknowledges and agrees that the Company retains the right at any time to change the features, functionality and lookand-feel of the Software and Application. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Any outstanding payment obligation of the Customer, the restrictions and responsibilities provisions of Section 2, and all of Sections 5, 6, 7, 12 and 15, and any other term hereof which contemplates continuing
effectiveness, shall survive the termination or expiration of this Agreement for any reason.

16. ACCEPTANCE
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their duly authorized representatives effective as of the Effective Date.

REMAINDER OF PAGE INTENTIONALLY LEFT
BLANK – SIGNATURE PAGE FOLLOWS
Item 1P - Page 13
7 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND 3Di, INC.

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

CONTRACTOR:

By: _______________________________________ By: _______________________________________ (2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1P - Page 14

EXHIBIT A
Pricing
Year 1 Year 2 Year 3 Year 4 Year 5
Section 1: Services
Implementation Management
$30,000

Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
Standard Integrations
Total Software and Services Costs $30,000
Section 2: Data Migration (Optional)
Data Migration $0
Total Data Migration Costs $0
Section 3: Software Integrations (Optional)
Software Integration $0
Total Integrations Costs $0
Section 4: Annual Subscriptions including Ongoing Maintenance, Operation & Support (SaaS) Subscription for Rent Registry $31,500 $37,800 $39,690 $41,675 $43,758 Subscription Addition for Rent
Stabilization $4,500 $6,300 $6,615 $6,946 $7,293
Subscription for Housing Help Desk $11,700 $16,380 $17,199 $18,059 $18,962 Total SaaS Subscription Costs $47,700 $60,480 $63,504 $66,679 $70,013 TOTAL COSTS $77,700 $60,480 $63,504 $66,679 $70,013
Grand Total $338,376
Item 1P - Page 15

I I I I I

EXHIBIT B
3Di Inc. Service Level Terms
The Services shall be available 99.9%, measured monthly, excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of Service fees for each period of 60 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.

Item 1P - Page 16

EXHIBIT C
Company will provide remote (via WebEx, email, and telephone as necessary) technical support for our services on a business day basis. Business day is defined as 8:00 AM through 5:00 PM Central Time zone, excluding federal holidays and weekends (“Support Hours”).

Company will provide an online tool such as “Zoho” for issue management to support services covered in the scope for this agreement. Management and tracking of the issues will be done using this tool.

Customer will report the issue via email, telephone or by logging the issue in the issue managements system. If the issue is logged via email or telephone, the Company shall enter the same into the issue management system.

All the stakeholders who have access to the issue management system will be able to get status of the issues anytime.

Company will use commercially reasonable efforts to respond to all Helpdesk tickets within one (1) business day.

Company provides two types of support services: Maintenance, Operations, and Support (MOS) and “Genie Hours”.

Maintenance, Operations, and Support (MOS) is defined as the following:
“Genie Hours” Support is defined as the following:
3Di’s Maintenance, Operations & Support (MOS) Program is a comprehensive support program that gives customers maximum flexibility and highest level of support for applications developed by 3Di. • Maintenance
o System Software Updates, Bug Fixes, and Patches
o Coordinate Release Management and Version Control with the customer o Routine system and application log maintenance to ensure system performance and problem resolution
• Operation
o Systems, application monitoring, and customer notification of errors, downtime, security breach, or issues that affect the System
o System and application tuning for optimal performance o System Security Monitoring & Notification (Unauthorized use, intrusion or data compromise) o System Recovery from errors and/or downtime
• Support
o Support Request Management
 Phone Support: M-F (Except Holidays) 0800-1700 hours
 Email Support: 24 hours
o Web/Mobile Accessible Service Ticket Status
o Monthly Status Report for Maintenance, Operations and Support o SLA Based

Item 1P - Page 17

SUPPORT SLA
Severity Impact Examples Max Response Time
1 – High Unable to perform core
functionality in
production system and
no workarounds exist
System unavailable; users
unable to login
4 business hours
2- Medium Unable to perform core
functionality in
production system but
workarounds available.

Intakes working but
integration with the other
system down due to
network issues.
12 business hours

3 - Low Unable to perform nonessential functionality in production system;
maintenance tasks;
enhancement requests
Typographical errors, label
changes, Screen Display
issues, etc.
24 business hours

4 – Planned Modify and existing
feature or add a new
feature
Make Changes to UI,
Change Configuration for
workflow, New report
Depending on scope of work.

With approval of the
customer.
“Genie Hours” Support is defined as the following:
• Flexible Support (Genie Hours) including:
o User Interface (UI) Changes
o Technical support
o Workflow Changes
o Systems Integration
o Reports and Analytics support
o System configuration changes (e.g., role management, identity management) • Genie Hours Support is limited to 10 Genie hours/month. • Genie hours may not be rolled over from month to month.

Item 1P - Page 18

EXHIBIT D
Amazon Web Services Terms and Customer Agreement
Amazon Web Services (AWS) Service Terms: https://aws.amazon.com/service-terms/ Amazon Web Services (AWS) Customer Agreement: https://aws.amazon.com/agreement/ Item 1P - Page 19

EXHIBIT E

PROPOSAL
Item 1P - Page 20

3Di Engage Platform
Tenant Protections Proposal
for
Palm Springs, California
.
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
www.3disystems.com
Item 1P - Page 21

Table of Contents
ABOUT 3DI......................................................................................................................... 16 3DI ENGAGE PLATFORM - HOUSING............................................................................... 17 Background...............................................................................................................................................................................17 3Di Engage Platform Features............................................................................................................................................18 General Housing Features...................................................................................................................................................18 Property Inventory Features .............................................................................................................................................18 Case Inventory + Case Engine Features .........................................................................................................................19 Case Features...........................................................................................................................................................................19 Property Management Features.......................................................................................................................................20 Dashboard/Reports Features............................................................................................................................................21 3DI ENGAGE PLATFORM DEPLOYMENT METHODOLOGY ............................................. 22 3DI ENGAGE PLATFORM PRICING................................................................................... 24 Optional Services ....................................................................................................................................................................25 Pricing Assumptions..............................................................................................................................................................27 3DI ENGAGE PLATFORM SUPPORT................................................................................. 28 Maintenance.............................................................................................................................................................................28 Operations ................................................................................................................................................................................28 Support.......................................................................................................................................................................................28 Genie Hours..............................................................................................................................................................................30 3Di Housing Help Desk (Optional Support) .................................................................................................................30 ●
Item 1P - Page 22

● About 3Di
3Di is a California-based business that has delivered award-winning public-sector solutions to local governments for over 20 years. 3Di's proposal reflects nearly two decades of experience implementing comprehensive technology solutions for more than 200 clients worldwide in the public and private sectors. We aim to deliver an innovative, complete, and integrated solution to achieve the customers’ goals while minimizing risk, reducing the total cost of ownership, and capitalizing on existing technology investments.

Leveraging nearly two decades of subject matter expertise in delivering customer engagement solutions, 3Di has developed a powerful CRM-based customer engagement platform for delivering government engagement products and solutions called 3Di Engage. 3Di Engage is a platform for the digital transformation of business processes with the highest levels of transparency, efficiency, and accountability. 3Di Engage can scale from a small agency’s needs with limited users and constituents to large and complex agencies with millions of users and constituents.
3Di Engage platform provides government solutions for customer engagement, public safety, and housing. 3Di Engage for Housing delivers comprehensive, fully integrated solutions to issues in affordable housing, accessible housing, and tenant protections. Focusing on the latter, we can provide the tools to create an accurate rental unit inventory, enforce livability standards, ensure evictions are conducted for just/good reasons, and stabilize rent burdens.
3Di has successfully delivered housing solutions for numerous local governments, including the City of Los Angeles, the City of San Francisco, the County of Los Angeles, the City of Oakland, the City of Berkeley, the City of Inglewood, the City of Beverly Hills, and the City of Alameda.

We aim to cultivate a long-term partnership with our customers by helping them improve business processes for constituent services and customer engagement. Our housing solutions will meet all your requirements and provide a foundation for the future expansion of capabilities for the City of Palm Springs.

Item 1P - Page 23

● 3Di Engage Platform - Housing
● Background
3Di has been implementing comprehensive government solutions, including mobile applications for public sector customers, for over 20 years, starting with the implementation of field inspection and code enforcement mobile application for the Los Angeles Housing Department that won the Harvard Kennedy School of Government award and the Fannie Mae Foundation “Innovations in American Government Award” in Affordable Housing. Millions of Angelenos daily have more livable housing, and 3Di is honored to have an ongoing active role in assisting their communities.

Using the knowledge gained from our experiences, 3Di has developed a comprehensive approach to the rental housing market and the issues encompassing tenant protections. Whether gaining insights from an accurate rental unit inventory, enforcing livability standards, ensuring evictions happen for just/good causes, or stabilizing the rent burdens within a community, a dynamic, cloud-based solution is necessary to empower all stakeholders and foster working partnerships.
3Di Engage for
Housing takes housing departments beyond the traditional request-based system for managing services. It is a proven product for meeting the requirements and empowering all stakeholders, including landlords, tenants, agency partners, department staff, and government management. As important as our “well-architected” 3Di Engage products, 3Di’s highly experienced delivery team brings a wealth of best practices and vast experience gained from many implementations to enhance your processes and improve efficiency.

Item 1P - Page 24

● 3Di Engage Platform Features
3Di Engage has been developed based on a vision for comprehensive tenant/landlord/government engagement.

The following are key features of our highly scalable and flexible housing solution:

● General Housing Features
• Manage the content presented on the Universal Web Portal • View UPIDs which Landlords have registered (claimed to profile) • Unregister an UPIDs with a Landlord's Profile
• Search for Case-by-Case ID
• Search for a property by UPID
• Search for a property by Address
• Landlord Services Dashboard
• Landlord Services Case History
• Tenant Services Dashboard
• Tenant Services Case History
• Multilingual Support
• Responsive Web Portal
• Online Payments/Fee Engine
● Property Inventory Features
• View Property Inventory
• Import Property Inventory Data (using fixed input format) • Export Property Inventory to Excel
• Add a property to the Property Inventory
• Edit Property Details (UPID cannot be edited)
• Manage Site Addresses for a Property
• Verify Site Address
• Delete a property from the Inventory
• Generate a New PIN for a Property
• Set the Property Type / Designation
• Search Property Inventory by UPID
• Search Property Inventory by Primary Site Address
• Add/Remove Columns from view in Inventory
Item 1P - Page 25

● Case Inventory + Case Engine Features
• Create a Registration Case for a Property
• Unit Certification
• Tenant Amendment
• Landlord/Owner Amendment
• Claim Exemption - Unit
• Claim Exemption - Property
• View Case Inventory
• Export Case Inventory to Excel
• View Cases by Registration Year
• View Cases by Case Type
• View Cases by Case Type + Case Status
• Navigate to Case Details by clicking on Case ID
• Search Case Inventory by Case ID
• Search Case Inventory by UPID
• Search Case Inventory by Primary Site Address
• Mass Update Status of Cases
• Allow the Landlord to Submit Cases
• Allow Tenant to Submit Cases
• Allow Staff to Submit Cases on behalf of Property Owners /Tenants • Allow Staff to Send the Case back to the Property Owner/Tenant for Edits • Staff Can Add Data on a Case Through Transitions
• System to Automatically set Deadlines on Transitions
• System to Automatically Add Case Notes on Transitions • Workflow Engine supports email triggers to one or more Email IDs ● Case Features
• Update the Workflow Case Status
• View Case Detail Page
• Manually Upload a Notice to a Case
• View/Download an Uploaded Notice on a Case
• Export Notices to Excel / PDF
• Add a Note to a Case
• View Case Notes
Item 1P - Page 26

• Delete Case Notes
• Add/Upload a Document to a Case
• View Uploaded Documents
• Download Case Document
• Delete Case Document
• Search for a Case Document from a case view
• View Case Activities (Audit Log) for Case
• The system can show/hide fields from Property Owners/Tenants ● Property Management Features
• Add Property to Profile
• Property Listing
• Sync data from the Assessor's Inventory Database
• Overview of Registered Property
• Property Amendment
• Unit Discrepancy
• View Current Status of a Property
• View Total Units on Property
• Add New Unit
• Mass Upload Unit Information
• Delete Unit
• Edit Existing Unit Name
• Edit Existing Unit Tenancy Details
• Add a Unit Flag
• Remove a Unit Flag
• Add/Edit Tenant Info to a Unit
• View Unit Details on Property
• Add Site Address to Property
• Edit Site Address on Property
• Delete Site Address on Property
• Add/Edit/Delete Owner Contact on Property
• Add/Edit/Delete Manager Contact on Property
• Add/Edit/Delete Other Contact on Property
• View Property Contacts in List/Grid View
• Add Notes to Property
• View Notes on Property
• Add Notes to Property
• Edit Notes on Property
Item 1P - Page 27

• Delete Notes on Property
• View Documents on Property
• Add Documents to Property
• Delete Documents on Property
• Download Documents on Property
• View Change Log on Property
• View GeoView of Property
• View Case History on Property
• View Property History
• View Unit History
• Download Unit Information into Microsoft Excel File
• Review Property Details Before Registration Submission ● Dashboard/Reports Features
• Dashboard Widgets, Datasets, Analytics
• Rental Registry Compliance/ Summary Dashboard
• Billing Contact Report
• Owner Mailings Report
• Property/User Association Report
• Rent Increase Report
• Unit Coverage Type Report
• Unit Full Details Report
• Awaiting Payments Report
• Payment In Process
• Payments Received Report
• Primary Contact Reports
• Property/User Association Reports
• Unit Full Detail Reports
Item 1P - Page 28

● 3Di Engage Platform Deployment Methodology
3Di employs a four-phase approach for the implementation of products using 3Di Engage. The following diagrams outline the activities and milestones for each phase in a typical implementation. Your implementation may vary.

Phase 1
Phase 2
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Kickoff (Define Goals, Scope,
Stakeholder expectations)
- Identify teams, roles & responsibilities
for each phase
- Define governance structure and
reporting requirements
Milestones:
- Kick-off Meeting
- Detailed Project Finalized
o Scope
o Timeline
o Resource Allocations
- Governance
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Requirements Gathering
- Use Cases (Workflows)
- Portal Requirements
- Mobile Requirements (if any)
- Integration Requirements (if any)
- Data Migration Requirements (if any)
- Reports configuration
- Knowledge Base configuration
- Custom Development Requirements (if
any)
- Custom Development (if any)
- Systems Integration
- Solution Configuration & Testing
Milestones:
- Requirement Finalized
o Workflows
o Reports
o Knowledgebase
o Customization
o Integrations
o Data Migration
- Configured System ready for validation
& testing.

Item 1P - Page 29
0 0 0 0
.._____________} } } >
0 0 0 0
L...------....J) :> :> >

Phase 3
Phase 4
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- System Validation
- Functional Use Cases (Workflows)
- ADA Compliance
- Load Testing
- Security Testing
- User Acceptance Testing (UAT)
- User Training
- Go-Live Planning
Milestones:
- System Validation Completed
- User Training Completed
- UAT Signoffs
- Go-Live Plan
Kickoff &
Planning
Requirements
&
Configuration
Validation &
Finalization Go-Live
1 2 3 4
Tasks:
- Go-Live Activities
- Handover to customer
Milestones:
- Go-Live
- Customer Handover Completed
- Support Initiated
o Maintenance (Bug fixes, patches,
minor upgrades to application,
portal, mobile apps)
o Systems Operations (Monitoring for
optimal performance and security,
backups)
o Genie Support
Item 1P - Page 30
0 0 0 0
~} } } >
0 0 0 0
~} } } >

● 3Di Engage Platform Pricing
The following table shows the pricing for the proposed product(s).

Year 1 Year 2 Year 3 Year 4 Year 5
Section 1: Services
Implementation Management
$30,000

Requirements Analysis
Design (includes UX/UI Design)
Build, Configure & Integration
System Testing
Implementation/Deployment
Training
Post-Implementation stabilization
Standard Integrations
Total Software and Services Costs $30,000
Section 2: Data Migration (Optional)
Data Migration $0
Total Data Migration Costs $0
Section 3: Software Integrations (Optional)
Software Integration $0
Total Integrations Costs $0
Section 4: Annual Subscriptions including Ongoing Maintenance, Operation & Support (SaaS) Subscription for Rent Registry $31,500 $37,800 $39,690 $41,675 $43,758 Subscription Addition for Rent
Stabilization $4,500 $6,300 $6,615 $6,946 $7,293
Subscription for Housing Help
Desk $11,700 $16,380 $17,199 $18,059 $18,962
Total SaaS Subscription Costs $47,700 $60,480 $63,504 $66,679 $70,013 TOTAL COSTS $77,700 $60,480 $63,504 $66,679 $70,013
Grand Total $338,376
Item 1P - Page 31

I I I I I

● Optional Services
Data Migration
No data migrations are in scope currently.

Integrations
GIS – ESRI (included)
No other integrations have been identified currently. However, integrations can be added as subsequent work after 3Di Engage has gone live.

Optional SaaS Services
Enhanced backup or archive TBD (based on service and
consumption level)
Use of PaaS services such as Image
Processing, ESRI GIS, Speech Processing,
Machine Learning, AWS Connect, etc.

TBD (based on service and
consumption level)
Number of Genie Support Hours
10 hours/month Included in base pricing
20 hours/month Base+$1,000/month
30 hours/month Base+$2,000/month
40 hours/month Base+$3,000/month
More than 40 hours/month TBD
Application Development & Systems Integration (if
applicable)
Item 1P - Page 32

Standard implementation and integration with
ESRI GIS, ADFS, Amazon Connect
Included in base pricing
Additional Custom Application Development (based on effort level estimated for each custom application) – following are indicative rates by function.

Project Manager $150/hour
Business Analyst $125/hour
Technical Lead/Architect $105/hour
Sr. Developer $85/hour
Developer $75/hour
QA Lead $75/hour
QA Engineer $70/hour
Pricing for other material costs
Other (e.g., Travel, Per Diem, Materials) At cost or standard reimbursement rates
Item 1P - Page 33

● Pricing Assumptions
● Annual subscription payments are preferred, but monthly fees can be accommodated upon request.

Subscriptions are billed at contract execution, and implementation costs are billed upon completion. ● Subscription service is for up to 10,000 registered rental units. ● 10 Genie hours per month are included. These do not accumulate from month to month. ● 3Di Connect is included as part of the Housing Help Desk. ● Data migration is not included.
● Other than previously stated, integrations with 3rd party software are possible but have yet to be included.

If integrations are required, we must schedule a meeting with our delivery team to understand the scope. ● The customer will make available necessary resources for requirements gathering, testing, deployment, and training as required by the implementation plan.
● 3Di’s Engage-based solution will provide cloud-based data archival, depending on the customer's purchase option. If the subscription is active, 3Di will continue the storage. The customer can access the data in the system at any time. The customer will have the ability and right to download the data for other storage/usage options.
● Any cost related to sending text message notifications is not included.

Several cooperative purchasing vehicles can be utilized to procure 3Di Engage products. Please let us know if you want to explore any of these options.
• General Services Administration (GSA) contract # GS-35F-291AA • California Piggyback/Cooperative Agreement (Cities of Pasadena, Santa Ana, Alameda, and Berkeley) • State of New York Office of General Services IT Umbrella Contract # PM69687 • Amazon Web Services Marketplace
Item 1P - Page 34

● 3Di Engage Platform Support
3Di Engage support consists of 2 categories: Maintenance, Operations & Support (MOS), and Genie Hours.

The MOS comprehensive support program gives customers maximum flexibility, stability, and dependability, while Gene Hours delivers the highest 3Di Engage application support level. ● Maintenance
● System Software Updates, Bug Fixes, and Patches
● Coordinate Release Management and Version Control with the customer ● Routine system and application log maintenance to ensure system performance and problem resolution
● Operations
● Systems, application monitoring, and customer notification of errors, downtime, security breaches, or issues that affect the System
● System and application tuning for optimal performance ● System Security Monitoring & Notification (Unauthorized use, intrusion, or data compromise) ● System Recovery from errors and downtime
● Support
● Flexible Support (Genie Hours) including
○ User Interface (UI) Changes
○ Technical support
○ Workflow Changes
○ Systems Integration
○ Reports and Analytics support
○ System configuration changes (e.g., role management, identity management) ● Support does not include the support of end users.
● Support is limited to 10 Genie hours/month.
● Genie hours may not be rolled over from month to month. ● Support Request Management
○ Phone Support: M-F (Except Holidays) 0800-1700 hours
○ Email Support: 24 hours
Item 1P - Page 35

○ Web/Mobile Accessible Service Ticket Status
○ Monthly Status Report for Maintenance, Operations and Support ○ SLA Based

SUPPORT SLA
Severity Impact Examples Max Response
Time
1 – High Unable to perform core
functionality in
production system and
no workarounds exist
System
unavailable;
users unable to
login
4 business hours
2- Medium Unable to perform core
functionality in
production system but
workarounds available.

Intakes working
but integration
with the other
system down
due to network
issues.
12 business
hours

3 - Low Unable to perform nonessential functionality
in production system;
maintenance tasks;
enhancement requests
Typographical
errors, label
changes, Screen
Display issues,
etc.
24 business
hours

Item 1P - Page 36

4 – Planned Modify and existing
feature or add a new
feature
Make Changes to
UI, Change
Configuration for
workflow, New
report
Depending on
scope of work.

With approval of
the customer.

● Genie Hours
We developed the concept of Genie Hours based on our experience, which shows that each customer has unique needs concerning support, and it is difficult to predict the type of help or support a customer will require. Genie Hours is a pool of non-accumulating hours available to customers at the beginning of each month. The Genie Hours may be used to request any reasonable support, including new reports, adding or changing workflows, adding or changing service requests, training, and minor system enhancement that can be achieved within the allocated pool of Genie hours.
● 3Di Housing Help Desk (Optional Support)
All Housing Departments struggle with a persistent struggle—the scarcity of resources. Housing Departments often find themselves grappling with a double-edged dilemma. First, they must locate and train competent staff to support property owners and tenants in navigating software systems. Second, the relentless demand for assistance that these end-users require siphons precious time and effort away from the essential work of managing housing programs. This dual challenge leaves Housing Departments in a problem, torn between fulfilling their support obligations and focusing on the mission-critical tasks that directly impact housing programs.
3Di Housing Help Desk is here to simplify this process.

Service Focus:
• End-User Support: 3Di Housing Help Desk offers comprehensive support to end-users using 3Di Engage-based Housing Solutions. These solutions encompass Housing Registry, Housing Eviction Management, and Housing Rental Inspection.

Item 1P - Page 37

• End-User Assistance: We act as an extension of your team, ensuring property owners and tenants can make the most of 3Di Engage for Housing solutions. This encompasses tasks such as property registration, handling petitions, and addressing payment-related inquiries.

Distinctive Features:
• Flexibility: Our support is tailored to your needs, whether just a few hours each week or round-the-clock assistance.
• Scalability: The 3Di Housing Help Desk can be tailored to meet your requirements, which is especially valuable for housing programs with seasonal demand, such as annual registries. • Multi-Channel Access: Customers can conveniently reach the 3Di Housing Help Desk through phone, chat, or email.
• Resolution Escalation Process: Issues are handled via a personalized process to meet the needs of your programs.
• Insightful Reporting: Gain valuable insights into support effectiveness with our reporting and analytics tools.
• Manned Phone Call Support: Monday through Friday, 8 am to 12 pm, Pacific Time. All US national holidays are not available for service.

Benefits:
• Cost-Effective: The 3Di Help Desk eliminates the need for costly hiring and training, saving your Housing Department resources.
• Enhanced Focus: Allow your staff to concentrate on critical housing programs while we handle software-related end-user support.

Item 1P - Page 38

ATTACHMENT B
Item 1P - Page 39

ATTACHMENT B
Item 1P - Page 40

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other 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
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
3Di, Inc. (dba: 3Di Systems, Inc.)
3 Pointe Drive, Suite 307, Brea, CA 92821

CALIFORNIA
n/a
Rajiv Desai, President & CEO
Mihir Desai, COO & CFO
Item 1P - Page 41

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

EXAMPLE

JANE DOE

[name of owner/investor]
50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Rajiv Desai
Mamta Desai

37.5% - 3Di, Inc.

Heena Desai 25% - 3Di, Inc.

June 18, 2024
Mihir Desai

COO & CFO
Item 1P - Page 42
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1P - Page 43

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES

ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND

APPROVE AN EXPENDITURE PLAN AND APPROPRIATION
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

Each year the Palm Springs Police Department receives funding from the State of California to supplement the Department’s budget. The City will receive $100,000 for Fiscal Year 2024-2025. No matching funds are required to obtain these funds. The use of the SLESA funds is only for front-line, municipal police services and should supplement, not supplant, current front-line law enforcement services.

RECOMMENDATION:

1. Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.

2. Direct the Director of Finance/City Treasurer to fund the appropriation.

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

STAFF ANALYSIS:

The Palm Springs Police Department annually receives funds from the State to supplement the Department’s budget. These funds are distributed to law enforcement agencies throughout Riverside County.

The City has been awarded $100,000 for Fiscal Year 2024-2025. The SLESA Grant funding can be spent for a variety of law enforcement expenditures as long as they are used for frontline municipal police services.

Item 1Q - Page 1
City Council Staff Report
July 9, 2024 – Page 2
SLESA Grant Funding Acceptance
The funds will be used to purchase new equipment such as computers, and hardware and software programs. The funds will also be used to purchase officer safety equipment and accessories.

This request is to meet the requirements of SB 823 enacted in April of 2002. The bill amended Government Code Sections 30061 and 30063, requiring City Councils to appropriate the funds exclusively for law enforcement.

FISCAL IMPACT:

No matching funds are required to obtain this additional grant funding. Funding will be used exclusively for law enforcement.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:

A. Expenditure Plan
Item 1Q - Page 2
ATTACHMENT "A"
Item 1Q - Page 3
Supplement Law Enforcement Services Account
Expenditure Plan
FY 24/25
City: Palm Springs
Beginning Fund Balance $199,739.28
Prior Year Allocation
Received in Current Year
Current Year Allocation
Expenditures Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
Date approved by the City Council:

The City Manager here certifies that the Supplemental Law Enforcement Services Plan was Submitted to the City Council and approved as listed.

City Manager Date
Please provide the name of a contact person if there are any questions:

Melissa Cain 760-323-8128
Name Contact Number
$100,000.00
$100,000.00
$100,000.00
$100,000.00
Item 1Q - Page 4

CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF A COST-SHARE AGREEMENT AUTHORIZING FUNDS

TRANSFER TO THE DESERT WATER AGENCY (DWA) FOR THE

COOPERATIVE TURF CONVERSION REBATE PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Office of Sustainability
SUMMARY:

Approval of this item will authorize the City Manager to execute a Cost-Share Agreement with the Desert Water Agency (DWA) enabling the City to transfer funds previously approved by the City Council for turf conversion matching funds awarded to projects taking place in Palm Springs. The Cost-Share Agreement would also provide a basis for the transfer of future funding if approved by the City Council.

RECOMMENDATION:
1) Approve Cost-Share Agreement for a Cooperative Turf Conversion Matching Rebate Program between the City of Palm Springs and the Desert Water Agency (DWA).
2) Authorize the City Manager to execute all necessary documents.

BACKGROUND:

The Desert Water Agency (DWA) operates a rebate program providing rebates at a fixed rate on a per-square foot basis to residential and commercial properties who agree to remove grass and replace it with low-water, drought-tolerant landscaping. DWA reviews and approves eligible projects based on water use guidelines and issues the rebate after the project has been completed and has passed final inspection from their team.

The City Council has thrice approved allocations of funding to provide a match to the rebate program operated by the DWA for projects taking place in Palm Springs in an effort to encourage more residential and commercial properties to adopt low-water landscapes.

On October 27, 2022, the Council approved an allocation of $250,000 to the program.

Due to the success of the first round of the matching rebate, an additional $300,000 was Item 1R - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Approval of a Cost-Share Agreement with DWA for Turf Conversion approved via the Consent Calendar on February 9, 2023. Finally, a total of $1,150,000 was approved as part of the FY24-25 two-year budget which was adopted in June 2023.

To provide a more streamlined experience for residential and commercial property owners, staff at the City of Palm Springs and DWA agreed that DWA would continue to operate the application and approval process and would issue the rebate and the match directly to property owners, necessitating a transfer of the matching funding to DWA so they could issue the rebate checks. The City Council approved this approach in the previous allocation approvals.

STAFF ANALYSIS:

DWA and the City require an agreement be established for the Cooperative Turf Conversion Rebate Program to facilitate the funds transfer. The proposed Cost-Share Agreement is modeled on those used by the Coachella Valley Water District and its member cities to support similar matching rebate programs.

Staff, along with legal counsel, have reviewed the proposed Agreement and support its approval by the City Council. A copy of the Agreement is included as Attachment A.

ENVIRONMENTAL ASSESSMENT:

Not applicable.

ALIGNMENT WITH STRATEGIC PLANNING:

The Cooperative Turf Conversion Rebate Program aligns with the City Council’s sustainability priority.

FISCAL IMPACT:

No additional allocations are being requested as part of this agreement. Funds will be transferred to DWA upon execution of the agreement.

REVIEWED BY:

Sustainability Director: Lindsey-Paige McCloy
Finance Director: Kristopher Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Cost-Share Agreement with Desert Water Agency for the Turf Conversion Rebate Program
B. Staff Report from October 27, 2022 summarizing the initial program approach Item 1R - Page 2

ATTACHMENT A
Item 1R - Page 3
Desert Water Agency and City of Palm Springs
Cost-Share Agreement for a Cooperative Turf Conversion Rebate Program

1. The purpose of this agreement is to formally document joint participation by Desert Water Agency (“DWA”) and the City of Palm Springs (“City”) in a turf conversion rebate program (”Turf Rebate Program”). This program will provide customers residing within the City of Palm Springs the opportunity to convert turf to water efficient landscape. Turf conversions will help accomplish DWA's and the City's mutual goals of increased efficiency in landscape water use and conservation of potable water supplies.

2. It is understood by both parties that this agreement provides additional funds through the City's match to DWA's existing funding of the Turf Rebate Program.

Funds for the Turf Rebate Program are available to City's residents and businesses on a first-come-first-served delivery sequence until the initial funding has been exhausted.

3. The program is limited to residential, commercial, and HOA turf conversion projects.

4. DWA will complete pre-conversion and final inspections prior to disbursing funds to customers upon completion of approved projects. DWA reserves the right to deny applications based upon the attached program guidelines. Applicants who are denied may dispute and appeal the denial in accordance with DWA’s Non-Billing Dispute and Appeal Policy. DWA shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys' fees in connection therewith), arising out of the Turf Rebate Program, except for any such claim arising out of the sole negligence or willful misconduct of the City.

5. The City agrees to provide a total contribution not to exceed $550,000 for Fiscal Years (FY) 2021-2023 and $1,150,000 for FY 2023-2025 to the Turf Rebate Program, as follows.
a. For FY 2021-2023 Funding:
i. The City agrees to provide a contribution of $3.00 per square foot up to a maximum of $5,000 per project to eligible residential and HOA/Commercial applicants on first-come-first-served delivery sequence up to a maximum of $500,000 of FY 2021-2023 funding. ii. For customers who are part of a disadvantaged community, the City agrees to provide a contribution of $4.00 per square foot to eligible residential applicants on first-come-first-served delivery sequence up to a maximum of $50,000 of FY 2021-2023 funding.
iii. DWA agrees to pay directly to customers the full rebate amount available, including both DWA's and the City's contribution, and subsequently invoice the City on a quarterly basis for
reimbursement of the City's contribution. The City's contribution will be due within 30 days of DWA's invoice date.
b. For FY 2023-2025 Funding:
i. The City agrees to provide a contribution of $1.00 per square foot to eligible residential and HOA/Commercial applicants on first-comefirst-served delivery sequence.

Item 1R - Page 4
ii. DWA agrees to pay directly to customers the full rebate amount available, including both DWA's and the City's contribution, and subsequently invoice the City on a quarterly basis for
reimbursement of the City's contribution. The City's contribution will be due within 30 days of DWA's invoice date.

6. DWA plans, receives and process applications, documentation, photographs, and plans, and will share all documentation with City staff upon request.

7. The City and DWA agree to consider the continuation of funding for this program in subsequent fiscal years if funding is available. DWA will advise the City in writing if and when all City-approved funds have been committed to projects or reserved for projects. Should all City-approved funds be committed or reserved for projects, the City Manager will advise DWA whether to accept new applications and commit to reimbursing DWA for those rebates issued in excess of the approved funds, subject to allocation of funds pursuant to a duly adopted City budget.

Signed and approved by:

Date:

Steve Johnson
General Manager
Desert Water Agency
Desert Water Agency
1200 S Gene Autry Trail
Palm Springs, CA 92263
(760) 323-4971
Date:

Scott Stiles
City Manager
City of Palm Springs
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92263
(760) 322-8362
Item 1R - Page 5

ATTACHMENT B
Item 1R - Page 6

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 27, 2022 BUSINESS & LEGISLATIVE
SUBJECT: PROPOSED TURF CONVERSION MATCHING REBATE
FROM: Teresa Gallavan, Interim City Manager
BY: Office of Sustainability
SUMMARY:

The City of Palm Springs has received requests from residents to consider offering rebate funds that would match funds offered by Desert Water Agency (DWA) to incentivize turf conversion. The Sustainability Commission has recommended supporting the existing DWA program with additional matching funds to encourage more residents and homeowners’ associations (HOAs) to remove grass from their lawns.

RECOMMENDATION:

Approve an appropriation of $150,000 from the Sustainability Fund to provide a match to DWA’s rebate of $3/square foot, ensuring that a total of $6/square foot would be available to eligible projects, with the following limitations:
- Projects would receive no more than $5,000 in City rebate funding per project; - Projects using artificial turf would not receive the rebate funding; - $100,000 will be allocated for HOAs and $50,000 would be allocated for individual residences; and
- The program will continue to be administered by DWA.

BACKGROUND:

Turf conversion projects, which can include everything from reducing grass coverage in an outdoor area to a full conversion to xeriscaping or desertscaping, provide multiple environmental benefits. Chief among them is a reduction in short- and long-term water use, with lawns that are converted to xeriscapes reducing their total home water use by roughly 30% per year (with a reduction in water used for landscaping of over 70% per year). Turf conversions can also increase native vegetation and habitats for local wildlife.

From 2011 to 2016, the City of Palm Springs operated a turf conversion program that was referred to as a “lawn buyback program.” The City provided grants up front with a cap and cash match requirements.

Item
Item
3C
1R
-
-
Page

Page 7 ends

1 City Council Staff Report
October 27, 2022 -- Page 2
Turf Conversion Rebate Match
In a report from 2016, the City estimated roughly 10 million gallons per year of savings across the 110 supported projects, 70 of which were single-family homes and 40 of which were HOAs. While roughly $150,000 per year was budgeted for the program, approximately $140,000 was awarded between FY11-12 and FY15-16.

DWA began offering their current turf replacement rebate program in 2016. Property owners of single-family residences, HOAs, and commercial properties are eligible for a $3 per square foot rebate on qualifying projects. The program’s guidelines are available on their website and cover the maximum allowable flow rate (.33 gallons per minute or less for any irrigation), types of plants and coverings allowed and required, and guidelines on receiving the rebate. This year, the program has 100 projects approved and active and another 40 in the approval pipeline. Since drought conditions are prevalent this year, DWA is seeing more applications. Based on data collected over the past few years of running the program, the average cost of turf conversions hovers around $7 per square foot, with estimates of around $6 per square foot for projects completed independently and roughly $8 per square foot for projects including a contractor. Most projects funded by DWA come from HOAs (roughly 70%) and are approximately 1500 square feet in size.

This year, the City of Rancho Mirage is offering matching rebates to encourage further turf conversions in their municipality. The City of Rancho Mirage offers $3 per square foot, or a 100% match to the Coachella Valley Water District (CVWD)’s rebate, for residential customers and $1 per square foot for commercial and HOAs. The program has been immensely popular – the initial allocation of $500,000 to the program has been claimed.

Early application reviews indicate that HOAs have been taking advantage of this program.

Recently, the City of Palm Desert allocated $750,000 for a 100% match ($3 per square foot) for residential properties and $250,000 for a 100% match for commercial properties.

The City of Indian Wells allocated $500,000, split $300,000 for residential projects and $200,000 for HOAs, to a 100% match at the beginning of October.

Staff has received over 50 unique inquiries from residents this fiscal year inquiring about additional matching funding from the City for Palm Springs residents.

STAFF ANALYSIS:

City staff have identified $150,000 in funding that could be allocated from the current fiscal year budget and would anticipate making a budget request in future years.

In order to maintain consistency with DWA’s and other neighboring programs, and to maximize the likelihood of project completion, staff generally recommends offering rebates instead of project grants.

The Sustainability Commission, in its meeting on October 18, 2022, reviewed possible rebate matches of $1, $2, and $3 per square foot based on costs per project, projected water and financial savings per project, and the number of projects that could be supported. Given the amount of funding available compared to the number of possible Item
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2 City Council Staff Report
October 27, 2022 -- Page 3
Turf Conversion Rebate Match
projects, the Commission prioritized a simple program that would provide the greatest level of incentive to encourage projects that would otherwise be unlikely to happen, such as those in HOAs with large lawns and limited financial reserves for such projects. For this initial year of the matching program, the Commission recommends prioritizing residential conversions, splitting the available funding with $100,000 going to residential HOA projects and $50,000 for single-family residential projects.

For consistency with other Sustainability efforts, the Commission recommends against supporting any projects featuring artificial turf, which is usually made from plastic. The Commission also recommended capping the funding available per project so that multiple projects could benefit. If all projects were to reach the cap of $5000 per project, 20 HOAs and 10 residences will benefit, though based on numbers reviewed with DWA, most small residential projects will not reach the $5000 rebate cap due to smaller sizes so more than 10 projects are likely to benefit. Based on baseline estimates for full xeriscape or desertscape conversions, we can estimate over 2 million gallons of water per year will be saved after these conversions are completed.

Since the program has been designed to mirror DWA’s as closely as possible, DWA has also agreed to administer the program by processing applications, monitoring, and issuing checks directly to project owners. Due to the small differences in eligibility recommended by the Commission, City and DWA staff recommend launching the expanded rebate on or around the beginning of December to give staff time to update applications and processing software (and to allow residents time to prepare their projects and applications).

ALIGNMENT WITH STRATEGIC PLANNING:

This program aligns with Council Priority #2A – Accelerate the Climate Action Plan with high-value projects and initiatives.

FISCAL IMPACT:

Staff are requesting an initial allocation of $150,000 from the Sustainability Fund for this fiscal year and would anticipate making a budget request for future years. Due to alignment and coordination with DWA for program implementation, no impact on City staffing is expected beyond incorporating outreach into existing plans.

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3 City Council Staff Report
October 27, 2022 -- Page 4
Turf Conversion Rebate Match
REVIEWED BY:

Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Minutes excerpt from Sustainability Commission meeting on October 18, 2022 B. Before-and-after photos from recent turf conversions funded by DWA Item
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CITY COUNCIL STAFF REPORT
DATE: JULY 9, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 6 WITH STEVE P.

RADOS, INC. IN THE AMOUNT OF $1,071,999.85 AND APPROVE
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH MWH CONSTRUCTORS, INC. (A9141), A DELAWARE
CORPORATION, IN THE AMOUNT OF $323,100 FOR THE
WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS
FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This is a request to approve Contract Change Order No. 6 in the amount of $1,071,999.85 for construction of a Ferric Chloride Dosing System and approve Amendment No. 3 to the Professional Services Agreement (PSA) with MWH Contractors, Inc. (Agreement No.

A9141) in the amount of $323,100 for the additional construction management and inspection services. The increased cost is the result of South Coast Air Quality Management District’s (AQMD) requirements pursuant to Rule 431.1, wherein a Ferric Chloride Dosing System is required to lower sulfur emissions from the waste gas flare at the Wastewater Treatment Plant. A letter summarizing Rule 431.1 is included as Attachment A.

RECOMMENDATION:

1. Approve Contract Change Order No. 6 in the amount of $1,071,999.85 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07;

2. Approve Amendment No. 3 in the amount of $323,100 to PSA No. A9141, for a new not-to-exceed amount of $1,861,027.14 with MWH Constructors, Inc. for the WWTP Digester No. 2 and Filtrate Pump Station, City Projects No. 20-25 and 21-07;

3. Appropriate $1,395,099.85 from the Wastewater Fund balance; and

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

Item 1S - Page 1
City Council Staff Report
July 9, 2024 -- Page 2
Approve CCO No. 6 CP 20-25 and 21-07
BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms from Steve P. Rados, Inc. and MWH Constructors, Inc. are included as Attachments B and C, respectively.

BACKGROUND:

On May 12, 2022, the City Council awarded a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station Projects. The initial scope of work included replacing Digester No. 2, construction of new gas holder, replacement of digester gas flare, and replacement of Filtrate Pump Station and Filtrate Pump Station forcemain.

On July 21, 2022, construction of the project commenced. Since then, there have been five contract change orders approved for the following reasons:
1) Contract Change Order No. 1 ($19,325) – The Contractor submitted to Southern California Air Quality Management District (AQMD) an application for a permit to install the new waste gas flare, digester and gas holding tank. AQMD requested the permit to be submitted under the City’s General AQMD permit which resulted in increased permit fees.
2) Contract Change Order No. 2 ($9,654) – There were two palm trees in conflict with the proposed filtrate pump station of the Project. The Contractor relocated the two palm trees to address the conflict.
3) Contract Change Order No. 3 ($34,282) – During the asbestos survey of Digester No. 2, it was discovered that the tank was coated with Belzona. It was determined that asbestos abatement was required for removal of Belzona. 4) Contract Change Order No. 4 ($67,144) – It was discovered that several utility conflicts above and below ground conflicted with the duct bank and underground conduit plan.
5) Contract Change Order No. 5 ($248,288.76) – It was discovered that additional cable and conduits were needed for the gas holder, additional keyways for the digester tank foundation, and unforeseen utilities conflict.

STAFF ANALYSIS:

This change order will provide the requirements needed to meet AQMD Rule 431.1, Sulfur Content of Gaseous Fuels. Staff reviewed the proposed change order and coordinated with the design team to ensure the changes were required. Staff is recommending approval of Contract Change Order No. 6. A copy of the change order is included as Attachment D.

On June 11, 2024, MWH Constructors, Inc. submitted a formal proposal for the additional services at the WWTP Digester No 2 Waste Gas Flare & Filtrate Pump Station Projects for a total not-to-exceed amount of $323,100. A copy of the proposal is included as Attachment E. The increased cost is the result of requirements imposed by the South Item 1S - Page 2
City Council Staff Report
July 9, 2024 -- Page 3
Approve CCO No. 6 CP 20-25 and 21-07
Coast Air Quality Management District in the permit process for the gas flare.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20-25 and 21-07, are considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this change order.

REVIEWED BY:

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

A. Letter from Veolia and AQMD Rule 431.1
B. Public Integrity Disclosure Form – Steve P. Rados, Inc.

C. Public Integrity Disclosure Form – MWH Constructors, Inc.

D. Contract Change Order No. 6
E. MWH Constructors, Inc. Proposal dated June 11, 2024
Item 1S - Page 3
Attachment A
Item 1S - Page 4
Veolia North America
Palm Springs Project
4375 Mesquite Avenue, Palm Springs, CA 92264
Tel 760-323-8166 / Fax 760-325-5747
June 4, 2024
Andrew Crider
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: Ferrous Chloride Injection System for New Biogas Flare Dear Mr. Crider,
As you are aware, the South Coast Air Quality Management District (AQMD) issued a new air permit (Permit No. G73890 A/N633490) to go with the new biogas flare that the City is required to install. Part of that permit are several emission limits that the City has to meet in regards to flaring biogas. The permit states in part:

The operator shall monitor, at least on a weekly basis, total sulfur compounds calculated as hydrogen sulfide burned in gaseous fuels other than natural gas. All monitoring results shall be kept and maintained for at least two years and made available to South Coast AQMD personnel upon request. This facility shall not emit total sulfur compounds equal to or greater than 5 pounds per day, calculated as hydrogen sulfide from the combustion of gaseous fuels other than natural gas. If the 5 pounds per day total sulfur compounds calculated as hydrogen sulfide limit is reached or exceeded, then the operator shall conduct the following pursuant to Rule 431.1:

A. The operator shall not bum sewage digester gas containing sulfur compounds in excess of 40 ppmv calculated as hydrogen sulfide averaged daily;
B. The operator shall not bum other (non-natural gas) gases containing sulfur compounds in excess of 40 ppmv calculated as hydrogen sulfide with an averaging period of 4 hours; and C. The operator shall monitor the total sulfur compounds calculated as hydrogen sulfide burned in gaseous fuels pursuant to Rule 431.1 (d) and follow the recordkeeping and reporting requirements pursuant to Rule 431.1 (e).

There were two options (memo attached) provided by Stantec (design engineer) when this permit was finally issued late last year. Ferrous Chloride Injection was the least expensive, effective treatment for excessive hydrogen sulfide. Therefore, the City is required to install this system to meet current regulations and operate the new flare.

Sincerely,
Doug Loar
Project Manager, Veolia Water West Operating Services
Item 1S - Page 5
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South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91 765-41 78

PERMIT TO CONSTRUCT/OPERATE
1[1his initial pennit must be ren.ewed A'NNU.A:[,,D¥ unless the equiplll,.ent is IQoved, or changes ownership. age
Permit No.

G73890
A/N 633490
If th.e billing for t he annual renewal fee (E.ule ;30 I (d)) is not received l5y the ex,piration dat¼ contact the 0istrict.

Legal Owner
or Operator:

Equipment Location:

Equipment Description :

PALM SPRINGS CITY, WASTE WATER TREATMENT
4375 MESQUITE AVE
PALM SPRINGS, CA 92264
4375 MESQUITE AVE, PALM SPRINGS, CA 92264
Digester gas flaring system, consisting of:

I. Knockout vessel/ condensate and sediment trap.

2. Automatic gas shutdown valve.

ID 14898

3. Two booster blowers, in duty/standby arrangement, 300 SCFM maximum capacity each, venting anerobic digesters from wastewater treatment plant.

4. Flame arrestor.

5. One (I) enclosed flare, John Zink, Model ZTOF, 4'-0" Dia. x 50'-0" H., 10.64 MMBtu/hr (HHV), digester gas-fired, with natural or propane gas pilot, UV flame detector, purge air blower, air damper, automatic combustion air control and flare restart system, and no rain cap.

Conditions:
l. Operation of this equipment shall be conducted in accordance with a ll data and specifications submitted with the application under which this pennit is issued unless otherwise noted below.

2. This equipment shall be properly maintained and kept in good operating condition at all times.

3. This equipment shall be operated by personnel properly trained in its operation.

4. An identification tag or nameplate shall be displayed on the equipment to show manufacturer and model number.

The tag(s) or nameplate(s) shall be issued by the manufacturer and shall be affixed to the equipment in a pennanent and conspicuous position.

5. All digester gas collected shall be directed either to this equipment for combustion or to other appropriate control equipment which has a valid Pennit to Construct or Operate as issued by the South Coast AQMD.

6. The digester gas flaring system under A/N 02981 E shall not be operated when this equipment is in operation. The operator shall keep and maintain a daily log of flaring operation to demonstrate compliance with this condition.

ORIGINAL
Item 1S - Page 7
South Coast Air Quality Man~gement District
21865 Copley Drive, Diamond Bar, CA 91 765-41 78

PERMIT TO CONSTRUCT/OPERATE

Page 2 ends

Permit No.

G73890
A/N 633490

7. Either a pilot flame or digester gas combustion flame shall be maintained in the flare whenever digester gas may be venting to this flare.

8. Operation of this equipment shall not result in the release of any raw digester gas into the atmosphere.

9. This equipment shall be equipped with an automatic shutdown system with a failure alarm, which has been approved by the South Coast AQMD, to automatically isolate the flare from the digester gas supply line, shut off the blower, and immediately notify a responsible party of the shutdown.

I 0. The automatic shutdown safety system shall be tested annually or as per the manufacturer's recommendations for proper operation and the results shall be recorded and maintained.

11. This equipment shall be equipped with at least one temperature indicating and recording device to measure and record the gas temperature in the flare stack instantaneously and provides a 15-minute average temperature . The temperature indicator shall be installed and maintained at a location such that the temperature is measured at a location above the flame zone, at least 0.6 seconds downstream of the burner and not less than five (5) feet from the top of the stack.

12. This equipment shall be designed and operated such that the flame in this equipment remains below the height of the temperature indicator described in Condition No. 11 at all times.

I 3. Whenever this equipment is in operation, a temperature of not less than 1,400 degrees Fahrenheit and not greater than 2,000 degrees Fahrenheit, averaged over 15 minutes, as measured by an approved temperature indicator described in Condition No. 11, shall be maintained in the stack, except during periods of startup and shutdovm.

Startup is defined as the period from flare ignition to the time when 1,400 degrees Fahrenheit is achieved, not to exceed 30 minutes. Shutdown is defined as the period beginning when the gas valve begins to close and ending when the gas valve complexly shuts ofT/closed, not to exceed 30 minutes.

14. A continuous flow indicating and recording device shall be installed and maintained in the digester gas supply line to this equipment to measure and record the quantity of digester gas, at least once every 15 minutes in standard cubic feet per minute (SCFM), combusted by the flare whenever the flare is in operation. ln case a pressure sensor device is used in place of the flow indicator, a conversion chart shall be posted on the equipment to indicate the flow rate (in SCFM) corresponding to the pressure reading.

15. The total flow rate of digester gas to the flare shall not exceed 18,000 SCFH.

16. The heat input through this equipment shall not exceed I 0.64 MMBtu/hr (HHV). A log shall be kept and maintained to indicate the total heating value of digester gas burned in the flares based on the recorded flow rate and the Btu content reading.

ORIGINAL
J
Item 1S - Page 8
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178

PERMIT TO CONSTRUCT/OPERATE
age
Permit No.

G73890
AfN 633490

17. The operator shall monitor, at least on a weekly basis, total sulfur compounds calculated as hydrogen sulfide burned in gaseous fuels other than natural gas. All monitoring results shall be kept and maintained for at least two years and made available to South Coast AQMD personnel upon request. This facility shall not emit total sulfur compounds equal to or greater than 5 pounds per day, calculated as hydrogen sulfide from the combustion of gaseous fue ls other than natural gas. If the 5 pounds per day total sulfur compounds calculated as hydrogen sulfide limit is reached or exceeded, then the operator shall conduct the following pursuant to Ruic 431.1:

A. The operator shall not bum sewage digester gas containing sulfur compounds in excess of 40 ppmv calculated as hydrogen sulfide averaged daily;
B. The operator shall not bum other (non-natural gas) gases containing sulfur compounds in excess of 40 ppmv calculated as hydrogen sulfide with an averaging period of 4 hours; and C. The operator shall monitor the total sulfur compounds calculated as hydrogen sulfide burned in gaseous fuels pursuant to Rule 431.1 (d) and follow the recordkccping and reporting requirements pursuant to Ruic 431.1 (e).

18. All recording devices shall be synchronized with respect to the time of day.

19. The exhaust stack shall have a height ofat least 50'-0" above grade, with no rain cap.

20. At least two sampling ports, 90 degrees apart, shall be installed and maintained in the stack at least one-half duct diameter upstream of the stack outlet. Each sampling port shall consist of a 4-inch coupling with plugs. All ports shall be properly centered.

An equivalent method of sampling may be used upon written approval by the South Coast AQMD. Adequate and safe access to all source test ports shall be provided within 48 hours' notice by South Coast AQMD.

21. A sampling port shall be installed and maintained at the inlet gas line to this equipment to allow the collection of a digester gas sample.

22. This equipment shall be equipped with a sufficient number of view ports to allow the visual inspection for the flame height within the stack at all times. The view ports shall be located at the elevation of the temperature sensor locations.

23. Safe and adequate access shall be provided within 48 hours' notice by the South Coast AQMD for all sampling and view ports.

24. Btu content (BhJ/scf) (HHV) readings of the gas at the inlet to the flare shall be measured using an instrument or method approved in writing by the South Coast AQMD, monthly for at least the first twelve ( 12) months of nom1al operation. After twelve months ofnonnal operation, the operator may request an alternative monitoring schedule for approval, in writing, by the South Coast AQMD.

25. The maximum skin temperature at any accessible location shall not exceed 250 degrees Fahrenheit upon request by the South Coast AQMD.

ORIGINAL
Item 1S - Page 9
South Coast Air Quality M anagement District
2 1865 Copley Drive, Diamond Bar, CA 9 1 765-4 1 78

PERMIT TO CONSTRUCT/OPERATE

26. The emissions resulting from this equipment shall not exceed the following:

Poll utant lb/month
co 1,554 . 9
NOx 467.2
voe 292. 0
PMl0 102.2
SOx 87.6
age
Per mit No.

G73890
/I.IN 633490
VOC shall be expressed as hexane (3% 02, dry) (South Coast AQMD Method 25.3, MW/C of 14.36).

27. NOx emissions from this equipment shall not exceed 0.06 lb/MMBtu.

28. This equipment shall be operated and maintained in compliance with all applicable provisions of South Coast AQMD Rules 43 1.1 and 1118.1.

29. A source test protocol shall be submitted to South Coast AQMD Waste Management Permitting Team and [email protected] no later than 90 days before the proposed test date (unless otherwise approved in writing by the South Coast AQMD) and shall be approved in writing by South Coast AQMD before the test commences or a valid previously South Coast AQMD approved protocol may be used recurring source test(s). At a minimum, the source test protocol shall include the following, unless othenvise approved in writing by South Coast AQMD:

A. The name, address, and contact information of the unit operator and the South Coast AQMD approved source testing contractor that will conduct the test(s); B. The application and permit number;
C. A copy of the current valid approved permit;
D. A description of the equipment to be tested, including a process schematic indicating sampling locations/ports and sampling duct/stack dimensions, along with upstream and downstream flow disturbances (e.g. elbows, tees, and fans);
E. A brief process description;
F. Operating conditions under which the test will be performed, including flow rate, temperature, pressure, number of tests conducted, and operation loads. ·
G. A description of the sampling and analytical methods for each constituent measured; H. Complete calculations for flow rates, concentrations, emission rates, and efficiencies; I. A description of the calibration and quality assurance procedures;

ORIGINAL
]
Item 1S - Page 10
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91 765-41 78

PERMIT TO CONSTRUCT/OPERATE
age:,
Permit No.

G73890
A/N 633490
J. Sampling fac ilities shall comply with the South Coast AQMD guidelines for construction of sampling and testing facilities, pursuant to Rule 217;
K. Copy of LAP approval for methods being used in the source test; and L. A statement detennining that the testing laboratory qualifies as an "independent testing laboratory" under Rule 304 (no conflict of interest), signed by the responsible authority.

30. A subsequent source test protocol shall be submitted if the unit has been altered in a manner that requires a pennit alteration, if emission limits for the unit have changed since the previous source test, or if requested by the South Coast AQMD.

31. The owner/operator shall conduct source test(s) of this equipment as follows:

A. An initial source test shall be conducted within 180 days from the initial startup of this equipment, unless otherwise approved in writing by the South Coast AQMD.

B. Subsequent source tests, following the initial source test as required by Condition No. 3 I (A), shall be conducted at least once every 5 years from the anniversary date of the previous source test.

C. Testing shall be conducted by an approved contractor under the South Coast AQMD Laboratory Approval Program (LAP) and in compliance with South Coast AQMD Rule 304 (no Conflict of Interest).

D. The LAP contractor shall not conduct any pre-tests for compliance.

E. Sampling facilities shall comply with South Coast AQMD "Guidelines for Construction of Sampling and Testing Facilities" pursuant to Ruic 217.

F. No later than 10 days prior to conducting a source test, South Coast AQMD Waste Management Pennitting Team and [email protected] shall be notified of the scheduled source test date unless otherwise approved in writing by the South Coast AQMD. If a scheduled source test is delayed, an owner or operator shall notify the South Coast AQMD within 24 hours from the time that an owner or operator knew of the delay. An owner or operate shell provide at least 7 days prior notice of the rescheduled date of the source test or arrange a rescheduled date with the South Coast AQMD by mutual agreement.

G. The source test(s) shall be conducted in accordance with South Coast AQMD approved test methods and procedures pursuant to a valid South Coast AQMD source test protocol.

H. The source test(s) shall be additionally conducted during operating periods other than startup or shutdown, in as-found operation condition, and averaged over a maximum 60 minutes of equipment operation.

ORIGINAL
Item 1S - Page 11
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-41 78

PERMIT TO CONSTRUCT/OPERATE
rngc 6
Permit No.

G73890
A/N 633490

32. The source test report(s) shall be submitted to the South Coast AQMD Waste Management Pem1itting Team and [email protected] within 45 days following completion of the source test, unless otherwise approved in writing by the South Coast AQMD. The testing shall be conducted when the equipment is in full operation and shall include, but not be limited to and unless otherwise approved in writing by the South Coast AQMD, a test of the inlet to the flare and the flare exhaust for:

A. Methane.

B. Total Non-Methane Organic Compounds (TN MOC).

C. Toxic Air Contaminants (TAC) including, but not limited to, Benzene, Formaldehyde, Total PAHs (excluding Naphthalene), Naphthalene, Acetaldehyde, Acrolein, Ethyl Benzene, Hexane, Toluene, and Xylenes (exhaust only).

D. NOx as NO2 (exhaust only).

E. CO (exhaust only).

F. Total Particulates and PM IO ( exhaust only).

G. Oxygen and Carbon Dioxide.

H. Moisture Content.

I. Temperature (exhaust only).

J. Stack Flow Rate (ACFM, SCFM) (exhaust only).

K. Fuel Flow Rate (SCFM) (inlet only).

L. Total Sulfur Compounds as Hydrogen Sulfide (inlet only).

M. Btu value (inlet only) (HHV).

N. Nitrogen (exhaust only).

0. Sewage treatment influent flow rate.

Emissions of CO, NOx, TNMOC (measured as hexane), Methane, PMI0, and SOx shall be reported in units of lb/MMBtu, lb/hr, and ppmv (except Particulates/PM IO, which shall be reported in lb/MMscf, lb/hr, and grain/scO, overall TNMOC & Methane destruction efficiency(% wt.), TAC (lb/hr and ppmv), oxygen and carbon d ioxide(% vol.), sulfur compounds as H2S (ppmv), and resultant SOx (lb/MMBtu, lb/hr, and ppmv).

ORIGINAL
1 Item 1S - Page 12
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178

PERMIT TO CONSTRUCT/OPERATE
:igc
rcrmit No.

G73890
A/N 633490

33. Any breakdown or malfunction which results in emissions of raw digester gas shall be reported to the South Coast AQMD within one hour of occurrence with within one hour the facility knew or reasonably should have known of its occurrence, and immediate remedial measures shall be undertaken to correct the program and prevent further emissions into the atmosphere pursuant to Rule 430.

34. The operator shall provide written notification of completion of construction to the South Coast AQMD (addressed to South Coast Air Quality Management District, Waste Management Permitting, 20865 Copley Drive, Diamond Bar, CA 91765) within 7 days of the completion of construction.

35. The operator of this equipment shall, within 60 days of completing construction, submit as-built specifications (make, model, dimensions, size, maximum capacities, etc.), process flow diagrams, and P&l drawings to South Coast AQMD (addressed to South Coast Air Quality Management District, Waste Management Permitting, 20865 Copley Drive, Diamond Bar, CA 91765).

36. All records required to demonstrate compliance with these conditions, including but not limited to, of inspections, corrective actions, and monitoring, shall be maintained for at least five (5) years and shall be made available to South Coast AQMD personnel upon request.

37. This Permit to Construct shall expire if construction of this equipment is not completed within one year from the date of issuance unless an extension is granted in writing by the South Coast AQMD. At least 30 days prior to the expiration date of the Pem1it to Construct, the operator shall submit a written request for and obtain an extension of time to construct this equipment on an annual basis until such time construction is completed and a written notification has been submitted reporting the date construction was completed and the date operation of the equipment is intended to commence. Each extension request shall include the following information:

A. The pem1it number and application number for which an extension is requested.

B. The increments of construction progress that have been completed thus far, with schematics, specification, and/or photos (if available).

C. The increments of construction progress that have yet to be completed for construction to be complete.

D. Explanation and description of any delays or circumstance necessitating the extension.

E. The proposed date of extension being requested for the Permit to Construct.

ORIGINAL
Item 1S - Page 13
South Coast Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178

PERMIT TO CONSTRUCT/OPERATE
NOTICE
'age 8
Permit No.

G73890
MN633490
In accordance with Rule 206, this Pennit to Operate or copy shall be posted on or within 8 meters of the equipment.

This pennit does not authorize the emission of air contaminants in excess of those allowed by Division 26 of the Health and Safety Code of the State of California or the applicable Rules and Regulations of the South Coast Air Quality Management District (SCAQMD). This pern1it caimot be considered as pennission to violate existing laws, ordinances, regulations or statutes of other government agencies.

ORIGINAL
Executive Officer
BY JASON ASPELUPT03
10/ 19/2023
Memo
cb c:\users\bcohen\desktop\rule 431.1 memo_20230524.docx To: Andrew Crider, PE City of Palm Springs From: Beth Cohen, PE Stantec Consulting Services Inc.

File: 184031634 Date: May 24, 2023
Reference: Palm Springs WWTP Gas Flare: Rule 431.1 Sulfur Reduction Options The South Coast Air Quality Management District (SCAQMD) issued a draft permit for the new digester waste gas flare. Amongst other restrictions, the draft permit now requires the Palm Springs Wastewater Treatment Plant (WWTP) to remove sulfur, in accordance with SCAQMD Rule 431.1, prior to burning waste gas. As defined in Rule 431.1 (c)(2), sulfur compounds shall be less than 40 ppm (as measured by hydrogen sulfide, H2S). Further, Rule 431.1 (g)(8) states that the gas flare is exempt from sulfur limitations, if it emits less than 5 lb-H2S/day. For additional information, the draft air permit and Rule 431.1 are attached to this memo.

Currently, the WWTP is producing an average digester gas air flow rate of approximately 40 cfm with an H2S concentration of 2100 ppm. At this flow rate, the H2S concentration will need to be reduced to 900 ppm, in order to remain below the exemption threshold of 5 lb-H2S/day. The flare is designed to handle a future peak flow of 300 cfm, which requires H2S concentrations to remain below 120 ppm to stay below 5 lb-H2S/day.

There are multiple ways to reduce digester gas sulfur concentrations, to comply with Rule 431.1, including dosing ferric chloride into the digesters or installing an adsorber vessel with media that is designed to remove sulfur from the gas stream. Both options include a life cycle analysis that accounts for 3% annual inflation (similar to historical values) and 1% growth projection (with associated increase in gas production and chemical/media demands). These options are described in further detail below:

OPTION No.1: FERRIC CHLORIDE DOSING
Option No.1 requires new chemical storage and dosing facilities to be installed. This includes installation of a fiberglass storage tank (with 30-days of storage) and two peristaltic hose pumps. The pumps would direct ferric chloride into the digesters at a rate of approximately 80 gallons per day, where the chemical will mix with digester contents (chemically reducing H2S concentrations from 2,100 ppm to <900ppm- and likely will achieve ~300 ppm).

Historically, ferric chloride cost $2.5/gallon, but there is a recent supply chain restriction (after a chemical processing facility caught fire and stopped producing ferric chloride) and is now currently selling at $4.75/gallon. As such, some facilities are temporarily using ferrous chloride powder (dumping bags into the gravity thickener outlet box), which is harder to control and often results in overdosing to ensure sulfur reduction compliance; ferrous chloride powder is expected to require 125 lb/d at $0.9/lb.

The capital and lifecycle costs associated with this option are summarized in Table 1.

The downside of using ferric chloride solution is that it is a hazardous material that requires special handling procedures and is corrosive to metal piping (it must be plumbed and stored using plastic materials). The advantage of this system is that is simple to operate, with dosing rates that can change based on plant optimization and historical knowledge (increasing or decreasing the amount of ferric dose based on the outlet H2S concentration).

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() Stantec
Design with community in mind
May 24, 2023
Andrew Crider, PE City of Palm Springs

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Reference: Palm Springs WWTP Gas Flare: Rule 431.1 Sulfur Reduction Options cb c:\users\bcohen\desktop\rule 431.1 memo_20230524.docx Table 1. Ferric Chloride Dosing Summary
Description Value
Ferric Chloride Dosing System Description
Ferric Dosing Pumps
Type Peristaltic Tubing Pumps
Quantity 2 (one duty, one standby)
Flow rate 0-5 gpm
Chemical Storage Facility
Type Double contained cross linked polyethylene
Quantity 1
Size 2,500 gallons
Ferric Chloride Dosing System Construction Costs
Tank $20,000
Fittings, Conduits, and Pull Boxes $10,000
Pumps and FRP Supports $35,000
Concrete Slab $22,000
Labor $54,000
Contractor Overhead and Profit $35,000
Total Construction Cost Estimate $180,000
Ferric Chloride Dosing System Life Cycle Costs
Annual Chlorine Dosing Costs1 $73,000
20-year Costs2 $1,605,000
TOTAL PROJECT COSTS (construction plus
life cycle)3
$1,785,000
Notes:

1. 20-year Costs are based on historical pricing ($2.5/gallon). For life cycle range, during supply shortage (until chemical processing factory is placed back into service), the annual costs will be $139,000 ($3.0M if assumed over 20-year span). Alternatively, if the City uses powder until the chemical processing factory is placed back into service, the annual costs is only $41,000 ($903,000 if assumed over 20-year span).

2. Based on 3% inflation and 1% population growth (and associated increase in gas production and dosing demands).

3. Class 5 Opinion of Probable Cost based on current market rates for labor, material and equipment. Stantec has no control over the costs of said labor, materials, or equipment, construction contractor’s methods of determining bid prices, competitive bidding environments, unidentified field conditions, market conditions, inflationary or deflationary price cycles, or any other factors that may affect the OPCC, the project budget or negotiating conditions at the time of project execution. Further, the OPCC is a “snapshot” in time and that the reliability of the OPCC will degrade over time. Accordingly, Stantec does not warrant or represent that construction bids or negotiated prices will not vary from the Client’s project budget or Stantec’s OPCC. Cost is represented in 2023 dollars and does not include taxes, permits, and fees.

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Design with community in mind
May 24, 2023
Andrew Crider, PE City of Palm Springs

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Reference: Palm Springs WWTP Gas Flare: Rule 431.1 Sulfur Reduction Options cb c:\users\bcohen\desktop\rule 431.1 memo_20230524.docx OPTION No.2: ADSORBER VESSELS
Option No.2 involves a scrubbing vessel that allows digester gas to pass through an adsorption media (such as SulfaTreat), where the sulfur is chemically bound to the media and the clean gas is released. The vessels are sized with the appropriate velocities and contact residence time to maximize efficiency. The proposed system includes two adsorption vessels (one duty and one standby) and additional vessels can be added in the future to extend the media life when gas production rates increase; the standby vessel can be put into service once during maintenance and media replacement of the duty vessel. The adsorption units create significant headloss (5-inches) and requires booster blowers to be used to increase the pressure prior to discharging into the flare.

With inlet H2S concentrations of 2100 ppm, the media in each vessel is anticipated to last 60-days. Media replacement costs are currently quoted at $8500 per vessel. The media life can be extended by reducing the inlet H2S concentration (e.g. if the inlet concentration is reduced to 1000 ppm, the media will last 120-days).

The adsorber will reduce the outlet H2S concentration to below 5 ppm, which exceeds the requirements of the Rule 431.1 and is clean enough to reuse the biogas in the boilers as an alternate fuel source (offsetting the need to use natural gas).

The capital and lifecycle costs associated with this option are summarized in Table 2.

The downside of using adsorber vessels is that there is no way to optimize the adsorption process (the outlet H2S concentration will always be substantially less than Rule 431.1 requirements) and therefore requires more frequent media replacement (estimated media life is only 60-days when the inlet concentration is 2,100 ppm). Another disadvantage is this system creates too much headloss to allow the gas to flow by gravity into the flare (or boilers) and therefore relies on the use of additional booster blowers. The advantages of this system are that it is excellent at reducing sulfur and the resulting treated biogas can be reused as an alternative fuel source for the boilers (reducing the reliance on natural gas). If the treated biogas is reused in the boilers, the City will reduce their annual spending on natural gas (values not included below, for conservatism).

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Design with community in mind
May 24, 2023
Andrew Crider, PE City of Palm Springs

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Reference: Palm Springs WWTP Gas Flare: Rule 431.1 Sulfur Reduction Options cb c:\users\bcohen\desktop\rule 431.1 memo_20230524.docx Table 2. Adsorber Vessel Summary
Description Value
Adsorber Vessel System Description
Media Vessels
Type Skid Mounted SST tanks
Media SulfaTreat, Uni-H2S, or equal
Quantity 2 (one duty, one standby)
Size (diameter x height) 4’ Ø x 12’
Pipe Diameter 3-inch
Blower
Type Hermetically Sealed Regenerative
Quantity 2 (one duty, one standby)
Motor Size 1HP
Adsorber Vessel System Construction Costs
Skid Mounted System $490,000
Piping to and From Skid $20,000
Electrical $40,000
Concrete Slab $44,000
Labor $54,000
Contractor Overhead and Profit $162,000
Total Construction Cost Estimate $810,000
Adsorber Vessel System Life Cycle Costs
Annual Media Replacement Costs1 $51,700
20-year Costs2 $1,137,000
TOTAL PROJECT COSTS (construction plus life cycle) 3 $1,947,000 Notes:

1. Based on inlet H2S concentration of 2100ppm (which provides 60-day media life and results in $1,137,000 life cycle cost). If the City can reduce H2S concentrations to 1000 ppm and extend media life to 120 days, then life cycle costs are only $568,000 (and only $284,000 if inlet concentration is reduced to 500 ppm).

2. Based on 3% inflation and 1% population growth (and associated increase in gas production and media demands). The 20-year costs will be further reduced, if the biogas is used to fuel the boilers (which will reduce natural gas demands).

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Design with community in mind
May 24, 2023
Andrew Crider, PE City of Palm Springs

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Reference: Palm Springs WWTP Gas Flare: Rule 431.1 Sulfur Reduction Options cb c:\users\bcohen\desktop\rule 431.1 memo_20230524.docx

COMPARATIVE ANALYSIS
Installation of a new chemical dosing facility is relatively cheap (estimated to cost $180,000), but the annual price of chemicals is higher than adsorption media replacement, at approximately $73,000 ($1.6M over 20- years). The amount of chemicals used to achieve adequate sulfur reduction rates, below the mandated Rule 431.1, can be adjusted daily based on local site conditions (historical data, jar testing, and operator experience).

Installation of the new adsorption media vessels is a higher initial cost investment (estimated to cost $810,000), but the annual media replacement is approximately $52,000 ($1,137,000 over 20-years). The media will reduce H2S concentrations to far below Rule 431.1 requirements, to less than 5-ppm, allowing the City to reuse the biogas in the boilers (and reducing the amount of natural gas required to run the boilers).

The total lifecycle costs (construction costs plus 20-year life cycle costs) for both options are similar ($1.79M for chemicals vs $1.95M for adsorbers), making either option viable. If the City elects to install the chemical dosing facilities and reduce the digester gas H2S concentrations to less than 1000 ppm, adsorption vessels can still be added to extend the media life and reduce the life cycle costs in half, but the current cost of chemicals is higher than the price of media. If the City ever processes food waste at the WWTP, adsorption vessels would be used as the first treatment process in an advanced biogas reuse facility.

Table 3. Option Comparison Summary
Description Value
Chemical Dosing Option Adsorption Media Option
Construction Cost Estimate $180,000 $810,000
Annual Chemical/Media Costs $73,000 $51,700

TOTAL PROJECT COSTS
(construction plus life cycle) 1
$1,785,000 $1,947,000

1. Class 5 Opinion of Probable Cost based on current market rates for labor, material and equipment. Stantec has no control over the costs of said labor, materials, or equipment, construction contractor’s methods of determining bid prices, competitive bidding environments, unidentified field conditions, market conditions, inflationary or deflationary price cycles, or any other factors that may affect the OPCC, the project budget or negotiating conditions at the time of project execution. Further, the OPCC is a “snapshot” in time and that the reliability of the OPCC will degrade over time. Accordingly, Stantec does not warrant or represent that construction bids or negotiated prices will not vary from the Client’s project budget or Stantec’s OPCC. Cost is represented in 2023 dollars and does not include taxes, permits, and fees.

Either option is a viable long-term solution for compliance with Rule 431.1.

Stantec Consulting Services, Inc.

Beth Cohen PE
Senior Engineer, Water
Phone: 916-773-8100
[email protected]
Attachment: Draft Flare Permit to Construct/Operate, SCAQMD Rule 431.1, Adsorption Media Vessel Proposal Item 1S - Page 18
Design with community in mind
Attachment B
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• c..· ~ ' -------,, ... ______________ _

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Steve P. Rados, Inc.

2. Address of Entity (Principle Place of Business)
2002 E. McFadden Ave #200, Santa Ana , CA 92705

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

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

5. Type of Entity
IZI Corporation • Limited Liability Company • Partnership • Trust • 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 otherfiduciaries forthe member, manager, trust or other entity Stephen S. Rados
Derek W . Rados
Stephen A. Rados
Digester No. 2, Gas Flare, Filtrate PS
CITY PROJECT NO. 20-25
DECEMBER 2021
IZl Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
~ Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
~ Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Palm Springs City CouncilJuly 9, 2024

Palm Springs City Council
July 9, 2024