Palm Springs City Council
September 26, 2024

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct and are incorporated herein by this reference.

SECTION 2. Amendment to PSMC Section 6.10.082. Section 6.10.082, is hereby amended to read as follows:

“6.10.082 Smoking Prohibited – Airport

Smoking is prohibited and is unlawful in all public areas as well as both leased and owned enclosed areas of the Palm Springs Municipal Airport , including, but not limited to, lobbies, waiting areas, restrooms and baggage claim area. This prohibition does not apply to City-designated outdoor smoking areas provided there are conspicuous signs indic ating where smoking is allowed.”

SECTION 3. Adoption, Certification, and Publication. The City Clerk of the City of Palm Springs shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption.

SECTION 4. Severability. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.

INTRODUCED at a regular meeting of the City Council of the City of Palm Springs on the ____ of ________________, 2024, by the following vote:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Palm Springs on this ____ day of ________________, 2024 by the following vote:

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK
Item 1K - Page 5
55575.18160\42345536.1

Ordinance No. 2102

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2102 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.

________________________________

BRENDA PREE

CITY CLERK

Item 1K - Page 6

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: APPROVAL OF AN ALL-WAY STOP INTERSECTION WITHIN THE PALM

SPRINGS INTERNATIONAL AIRPORT PROPERTY

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will allow for the installation of an all-way stop at one intersection on the Palm Springs International Airport property as described below. The installation of this all-way stop intersection is based on a warrant analysis review in accordance with Section

12.16.030 of the Palm Springs Municipal Code (PSMC).

RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO

ESTABLISH AN ALL-WAY STOP CONTROLLED INTERSECTION AT KIRK DOUGLAS

WAY AND THE PARK AND CALL LOT DRIVEWAY ENTRANCE, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS MUNICIPAL CODE.”

BACKGROUND:

In April 2024, the Palm Springs International Airport (“Airport”) and the Police Department reached out to the Engineering Services Department to help determine if the intersection of Kirk Douglas Way and the driveway of the Park and Call Lot entrance would qualify as an all-way stop intersection. The request to evaluate the intersection was prompted by many complaints of near misses of vehicle-to-vehicle conflicts.

STAFF ANALYSIS:

A warrant analysis was performed by the City’s on-call Traffic Engineering Consultant, Kimley-Horn, following the California Manual Uniform on Traffic Control Devices (MUTCD) Section 2B.07 Multi -Way Stop Application. The results of the analysis were positive in favor of placing an all-way stop intersection, indicating that the intersection has insufficient sight distance and unnecessary delays for vehicles turning left . As such, an all-way stop intersection is recommended by the City Engineer.

Item 1L - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
All Way Stop Intersections

A resolution (see Attachment A) is recommended for City Council adoption authorizing the City Engineer to install traffic control devices at the intersection of Kirk Douglas Way and the Park and Call Lot driveway entrance, as shown in Figure 1 below.

Figure 1 – Airport all-way stop location.

ENVIRONMENTAL ASSESSMENT
:

In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services. Therefore, the installation of the proposed all-way stop intersection is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

The project aligns with Community Infrastructure – (2B), identify high-priority facilities.

FISCAL IMPACT:

The cost to install all -way stop signs and markings is anticipated to be less than $5,000 and will require the use of Airport funds. Sufficient funds are budgeted and available in Fiscal Year 2024-25 in the Department of Aviation, Landside Account 4157040-40105.

Item 1L - Page 2
rell3S Aoad
E Sarlsto Road
ExisHng temporary
stop signs for eastbound
and westbotmd
Kirk Douglas Way.

See !lelail •~•
Proposed
All-Way Slop C-Ontrol

SPIEIEO
LIMIT 40 IUrk Douglas way
~ARK ANO CALL LOT
City Council Staff Report
September 26, 2024 -- Page 3
All Way Stop Intersections

REVIEWED BY:

City Engineer: Joel Montalvo
Airport Director: Harry Barrett Jr.

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution
Item 1L - Page 3
AT

TACHMENT A
Item 1L - Page 4
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY

ENGINEER TO ESTABLISH AN ALL -WAY STOP

CONTROLLED INTERSECTION AT KIRK DOUGLAS WAY

AND THE PARK AND CALL LOT DRIVEWAY ENTRANCE ,
IN ACCORDANCE WITH SECTION 12.16.030 OF THE

PALM SPRINGS MUNICIPAL CODE

WHEREAS, Title 12 “Vehicles and Traffic” of the Palm Springs Municipal Code (“PSMC”) establishes procedures for the administration, implementation, enforcement, evaluation, and maintenance of traffic regulations within the City consistent with the California Vehicle Code; and

WHEREAS, Section 12.08.060 of the PSMC established the office of the City Traffic Engineer, and designated the City Engineer, to serve in addition to such other functions, with authority to exercise the powers and duties with respect to traffic as provided for in Title 12; and

WHEREAS, Section 12.08.070 of the PSMC requires that the City Traffic Engineer determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic accidents, and to devise remedial measures; to conduct engineering and traffic investigations of traffic conditions and to cooperate with other city officials in the development of ways and means to improve traffic conditions; and

WHEREAS, Section 12.16.010 of the PSMC authorizes the City Traffic Engineer to place and maintain or cause to be placed and maintained official traffic control devices when and as required under the traffic ordinances of this city to make effective the provisions of said ordinances; and

WHEREAS, Section 12.16.030 of the PSMC authorizes the City Traffic Engineer to place and maintain or cause to be placed and maintained such additional traffic control devices as he may deem necessary to regulate traffic or to guide or warn traffic, but he shall make such determination only upon the basis of traffic engineering principles and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in the traffic ordinances of this city or as may be determined by ordinance or resolution of the legislative body of this city; and

WHEREAS, based on traffic engineering principles, the City Traffic Engineer has evaluated the intersection of
Kirk Douglas Way and the Park and Call Lot driveway
entrance; and
Item 1L - Page 5
Resolution No. ____

WHEREAS, on the basis of the City Traffic Engineer’s investigations, in accordance with sound traffic engineering principles, the City Traffic Engineer has recommended that the intersection of Kirk Douglas Way and the Park and Call Lot driveway entrance

be established as all-way stop controlled intersection.

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

Section 1. The true and correct recitals above are incorporated by this reference herein as the basis and foundation for the City’s adoption of this Resolution.

Section 2. In accordance with Section 12.16.010 and 12.16.030 of the Palm Springs Municipal Code, the City Engineer is hereby authorized to establish all- way stop controlled intersection at the following location:

1) Kirk Douglas Way and the Park and Call Lot driveway entrance

Section 3. The City Engineer shall install and maintain appropriate traffic control devices as necessary to implement this Resolution.

ADOPTED THIS 26th day of September 2024.

SCOTT STILES, CITY MANAGER
ATTEST:

BRENDA PREE, CITY CLERK

Item 1L - Page 6
Resolution No. ____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ___________ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 26, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BRENDA PREE, CITY CLERK
City of Palm Springs, California
Item 1L - Page 7

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. A9173 IN THE AMOUNT OF $ 89,313 FOR

ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES WITH
ARCHITECTURAL RESOURCES GROUP, INC., FOR PLAZA THEATRE

DESIGN SERVICES

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of Amendment No. 3 for additional construction administration services to the Professional Services Agreement with Architectural Resources Group, Inc. (“ ARG”), a California corporation, for Plaza Theatre Design Services, City Project 18- 04 (“Project”).

This amendment will provide additional services during construction for the renovation of the City’s historic Plaza Theatre (“Theatre”).

RECOMMENDATION:

1. Approve Amendment No. 3 for additional construction administrative support to Professional Services Agreement No. A9173 – Plaza Theatre Design Services in the amount of $89,313 for a new not to exceed amount of $1,179,187.

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

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the ARG’s Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

Located at 128 South Palm Canyon Drive, the Plaza Theatre opened in 1936. The Theatre was commissioned by heiress Julia Carnell and designed by lead architect Harry Williams. Its atmospheric design hearkens to grand movie palaces, while its Spanish Colonial Revival exterior was typical of many buildings of the era in Palm Springs.

Item 1M - Page 1
City Council Staff Report
September 26, 2024 - Page 2
Approve ARG Amendment No. 3 for CP 18-04 Plaza Theatre

In 1991, the Theatre was designated City of Palm Springs C lass 1 Historic Site No. 22.

While the Palm Springs Follies ran for 23 years, the Theatre has sat primarily empty since 2014. The City of Palm Springs owns the Theatre and is working in conjunction with the Palm Springs Plaza Theatre Foundation, a 501(c)(3), to restore it.

On July 28, 2022, the City Council approved Professional Service Agreement No. A9173 with Architectural Resources Group Inc . for the Plaza Theatre Design Services for a maximum contract amount of $1,047,994. The completion of the plans, specifications, and estimate (PS&E) took approximately 11 months to complete (June 2023) . The following month, following City Council approval of the PS&E, the Project was advertised for bidding through the local newspaper, plans rooms, and the City’s online procurement program PlanetBids
TM to allow for the submission of bids electronically.

On December 14, 2023, following review of all five (5) bids received and discussions with the Plaza Theatre Foundation and City Management, Woodcliff Corporation was awarded a construction contract in the amount of $26,322,000. Construction started in March 2024 and is currently on-going. Please see Figure 1 below for pre-construction conditions vs current conditions.

STAFF ANALYSIS:

As of October 24, 2023, the City ha d authorized two amendments with ARG. The first amendment approved additional design services, in the amount of $13,205, for east alley way accessibility compliance and improvements for backstage access. The second amendment approved additional design services, in the amount of $28,675, for additional bid support and design clarifications due to the extended bidding period and questions/comments received from bidders.

In June 2024, due to numerous unforeseen issues and discoveries during interior demolition of the historic Plaza Theatre, the number of requests for information (RFIs) and site visits needed exceeded what ARG had included in their original scope of services. For this, coupled with the completion date of construction being extended, ARG submitted a proposal to amend their cont ract amount a third time in the amount of Item 1M - Page 2
City Council Staff Report
September 26, 2024 - Page 3
Approve ARG Amendment No. 3 for CP 18-04 Plaza Theatre

$89,313. Staff recommends the approval of Amendment No. 3 to Agreement No. A9173 with ARG, included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

The City’s Historic Site Preservation Board (“HSPB”) evaluated the P roject and determined it to be categorically exempt from further analysis under CEQA as a Class 31 exemption because the Project proposed a restoration, rehabilitation, maintenance, and preservation of the building in a manner consistent with the Secretary of the Interior Standards for the Treatment of Historic Resources.” At that time, the HSPB made affirmative findings pur suant to PSMC Section 8.05.110 and granted a Certificate of Appropriateness for the project.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 2A – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted for this Amendment No. 3.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. ARG Public Integrity Disclosure Form
B. Amendment No. 3

Item 1M - Page 3

Attachment A
Item 1M - Page 4
Item 1M - Page 5
Item 1M - Page 6
Attachment B
Item 1M - Page 7

Revised: 2.9.22 Page 1 of 2

AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. A9173 BETWEEN THE CITY PALM SPRINGS AND ARCITECTURAL RESOURCES GROUP INC.

1. Parties and Date.

This Amendment No. 3 to the Consulting Services Agreement No. A9173 is made and entered into as of this            day of                              , 2023, by and between the City of Palm Springs (“City”) and Architectural Resources Group, a California  corporation,  with  its  principal  place  of  business  at  360  E.  2nd  Street,  Suite  225  Los  Angeles,  CA  90012 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.
 2.1  Agreement.  The  City  and  Consultant  have  entered  into  an  agreement  entitled  Plaza  Theater  Design Services  dated  August  1,  2022  (“Agreement”  or  “Contract”)  for  the  purpose  of  retaining  the  services  of Consultant to provide services of a Designer, for The Plaza Theater Restoration Project 18‐04 (“Project”).

 2.2 Amendment.  The City and Consultant desire to amend the Agreement to include additional Construction Administration support required due to project time extensions due to existing unknown project conditions.

 2.3 Amendment Authority.   This Amendment No. 3 is authorized pursuant to Section 1.8 Additional Services of the Agreement.

3. Terms.
 3.1 Scope of Services Section 1.1 of the Agreement is hereby amended to read as follows:

o The  additional  services  identified  in  the  Consultant’s  letters  dated  June  28,  2024, Construction  Administration  (CA),  included  herewith  as  Attachment  1,  are  hereby incorporated into Exhibit “A” of the Agreement.

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

o The Agreement total amount of compensation is increased by $89,313. Compensation shall not exceed the maximum contract amount of $1,179,187. ("Maximum Contract Amount")

 3.3 Continuing Effect of Agreement.  Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.  3.   From  and  after  the  date  of  this  Amendment  No.  3,  whenever  the  term  “Agreement”  or  “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

 3.4 Adequate Consideration.  The Parties hereto irrevocably stipulate and agree that they have each received adequate  and  independent  consideration  for  the  performance  of  the  obligations  they  have  undertaken pursuant to this Amendment No. 3.

 3.5  Severability.  If   any  portion  of  this  Amendment  No.  3  is  declared  invalid,  illegal,  or  otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts.  This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
Item 1M - Page 8

Revised: 2.9.22 Page 2 of 2

SIGNATURE PAGE TO AMENDMENT NO. 3 BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP INC.

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

CONTRACTOR:

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

Date:

Date:

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 1M - Page 9

June 28, 2024

F
rancisco J. Jaime, P.E.

Senior Civil Engineer
City of Palm Springs, Engineering Services Department
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262

RE: Scope of Work Revisions, Palm Spring Plaza Theatre- Additional CA Phase Servi ces

D
ear Francisco,

We are happy to continue our work with the City of Palm Springs on the Plaza Theatre Rehabilitation project.

In June 2023, at the completion of the CD phase, we prepared an additional service proposal for CA phase services, due to an increase in the construction cost estimate, and an anticipated increase in the duration of construction.

At the time, since we already had an amount of fees contracted for the CA phase, the City asked us to start by using those fees, and to track our costs for the first few months of construction, so that we could have a more information to tell if extra services are warranted.

Now that we are a few months into construction, we can verify that the costs are tracking higher than anticipated in our original proposal, compared to the percent complete of this phase.

We believe the increase is due to the following:
- An extended duration, initially anticipated to be 12 months, and now scheduled to be 15 months (Note; if the construction duration increases further, we may need to address that in the future). - Additional complexity, as reflected in the initial budget of $10M ~ $12M, with bids for the theater scope coming in at $24M
- Unknown existing conditions uncovered during construction We propose to provide these additional services for an additional fixed fee of $89,313, per the attached breakdown.

Please let us know if you have any comments or questions on this proposal.

Sincerely,
Jason Currie
Architect, Senior Associate
Item 1M - Page 10
Architectural Resources Group
Palm Springs, CA June 28, 2024
ARG Project: 220602
Proposed Scope and Fee
Original
Contract
Fee
Additional
CA Phase
Fee New CA Phase fee
Consultant
ARG 179,500 $ 45,340 $ 224,840$
Theatre Projects- theatrical and A/V (under separate contract directly with Foundation)
MCH- Acoustical 18,638 $ 13,398 $ 32,035$
AKA- Architectural Lighting 17,850 $ 2,300 $ 20,150$ Structural Focus- structural engineers 31,500 $ 11,500 $ 43,000$ AMA Group - Mechanical, Electrical, and Plumbing Services 26,250 $ 14,375 $ 40,625$ Lump sum Fee $273,738 $86,913 360,650$
Reimbursables (estimated)** $5,423 $2,400 7,823$
ToTal CA Fee (Labor+ Reimbursables): $279,161 $89,313 $368,473 Notes
Includes ARG's administrative fee.
**Reimbursables may include, but are not limited to
communication, delivery, postage, travel, and research fees. 220602 Plaza Theatre - Additional CA Phase Sevices
Y:\Projects\22_PROJ_LA\220602 Plaza Theatre Palm Springs\00_general\Fee_Proposals\2024 additional services for CA phase\2024-0625 Plaza Theatre Additional CA Phase Services FEE PROPOSAL.xlsx
Item 1M - Page 11

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: A REQUEST BY THE OWNERS OF FOUR HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING THREE UNITS WITHIN THE OCOTILLO
LODGE HISTORIC DISTRICT (HD -11) AT 1111 EAST PALM CANYON DRIVE, UNIT S 301, 344, AND 353; AND THE ALVAH AND TERESA HICKS RESIDENCE, A CLASS 2 HISTORIC SITE (HSPB 155) LOCATED AT 701 NORTH PATENCIO ROAD

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owner s of four separate historic site s. The intent of th ese contracts is to require maintenance and preservation of the designated sites in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 1111 E. Palm Canyon, Unit 301 (Ocotillo Lodge), APN: 511-035-046.

B. 1111 E. Palm Canyon, Unit 344 (Ocotillo Lodge), APN: 511-035-086.

C. 1111 E. Palm Canyon, Unit 353 (Ocotillo Lodge), APN: 511-035-095.

D. 701 N. Patencio Road (Koerner Residence), APN: 505-291-005.

2. Authorize the City Manager to execute the Agreements.

3. Direct the City Clerk to record the Agreements with the County of Riverside.

BUSINESS PRINCIPAL DISCLOSURES:

The applicants for each Mills Act Agreement are as follows:

1. Kathryn Horak (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 301.

Item 1N - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Mills Act Agreements

2. Kathy A Breedlove Trust (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 344.

3. Anthony J. Vardaro and Cheryl F. Vardaro (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 353.

4. P&E Residential LLC for the residence at 701 N. Patencio Road.

STAFF ANALYSIS:

The following chart lists the date and resolution number for each property designated by the City Council:

Address Historic Class Date of
Designation
City Council
Resolution
1111 E. Palm Canyon,
Unit 301
Contributor in Historic
District
05/23/2024 25210
1111 E. Palm Canyon,
Unit 344
Contributor in Historic
District
05/23/2024 25210
1111 E. Palm Canyon,
Unit 353
Contributor in Historic
District
05/23/2024 25210
701 N. Patencio Road Class 2 Historic Site 05/23/2024 25209

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for the ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

California Government Code Section 50280.1 denotes that properties are eligible for a Mills Act contract if listed in a state, city, or county official register of historic sites. All four properties were locally designated and listed on the local inventory of historic places, and therefore, qualify to apply for a Mills Act Contract. The draft Historic Property Preservation Agreements for each property are included as Attachment D to this report and specify details regarding restoration and/or maintenance of the four historic properties.

Item 1N - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Mills Act Agreements

Aerial maps showing the location and context of each property and photographs of the exterior elevation are included below.

AERIAL VIEW OF 1111 E. PALM CANYON, #301

EXTERIOR ELEVATION OF 1111 E. PALM CANYON, #301

Item 1N - Page 3
City Council Staff Report
September 26, 2024 -- Page 4
Mills Act Agreements

AERIAL VIEW OF 1275 S. CALLE DE MARIA EXTERIOR ELEVATION OF 1275 S. CALLE DE MARIA

AERIAL VIEW OF 11111 E. PALM CANYON, #344

EXTERIOR ELEVATION OF 1111 E. PALM CANYON, #344
Item 1N - Page 4
City Council Staff Report
September 26, 2024 -- Page 5
Mills Act Agreements

AERIAL VIEW OF 11111 E. PALM CANYON, #353

EXTERIOR ELEVATION OF 1111 E. PALM CANYON, #353

FISCAL IMPACT
:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

Item 1N - Page 5
City Council Staff Report
September 26, 2024 -- Page 6
Mills Act Agreements

REVIEWED BY:

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

ATTACHMENTS:

A. Vicinity Maps for Each Property
B. City Council Resolution Nos. 25210 & 25209
C. Owner Letters and Disclosures
D. DRAFT Historic Property Preservation Agreements
Item 1N - Page 6

ATTACHMENT A

Item 1N - Page 7

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Ocotillo Lodge (HSPB 154 / HD - 11)
1111 E. Palm Canyon Drive, Unit 301
Item 1N - Page 8

EPA UA CA NYON DR
~ 1-------#-- s --.-------------
oceoc,R,_ 8
Legend
D 500 ft. Radius
~ Site
~ Parce ls
BmEEB ~EEEEB
~ ffiEB
EEffiEE ~
a:
0 0
JH JH DJH FH m lli m m lli m
lWIN Pl', UIJS DR
ND.VAJO ~
C11'1 i ____ A.PACHER-,,...0 -~--_
0 "' ~ ::,
Cl
•
. .

W E . .
.
s
~ I--------'---"

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #155 – The Alvah and Teresa Hicks Residence
701 North Patencio Road

Item 1N - Page 9
\
j,....," ---/
\ y
\
;' /
7 <I;
!il > w
!;;
0 :;;
" >
'-

CRESCENT DR
~
\ r

1.1\S PA LMA5.,.lc5TAT 5 OR
- ~ \ Legend
D 500ft Radius
~ Site
%
"1'
>
~

0. 0
a
II
C
a:
0 Q
"Z
w
t-
f z
CRESC lctlT DR
I
I
Q (/
. .

W E
•
-
"'

CA NYON PL
'
lllicRrJO PL
/ V

CH INO DR
~\
~
)
' j
V
.
s
. .

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Ocotillo Lodge (HSPB 154 / HD - 11)
1111 E. Palm Canyon Drive, Unit 344

Item 1N - Page 10

E PALM CA NYON DR
i ~----- s ---------.1~-------------
0 c eo c,ft N 8
Legend
D 500 ft Radius
~Site
~ Parcels
EBEEB ~EEmB
fil fil EEEEEE
IB l:H EE rn EB
mm m m lH 1H lli lli li. lli
TWINPl\ UAS DR
1-1--~--l Cl
0:
uJ
--+---•Ii; ~ _,
..__1------, 15
C
0:
~ ::,
o·
0:
<I;
•
. .

W E .
.
.
s

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Ocotillo Lodge (HSPB 154 / HD - 11)
1111 E. Palm Canyon Drive, Unit 353

Item 1N - Page 11
"' 1-------1 C
~
t:; :z
Legend
D 500 ft Radius
~ Site
~ Parcels
OC 'i:O Ci1'($
TA

E PALM CA NYON DR
~
s g
a rn rn B
rt
61H
Gt3 EB EE3 B
EEEE3EEl
EBEBEB
m rn lli ffi lli
•
. .

W E .
.
.
s
::,
Cl
"' <(

ATTACHMENT B

Item 1N - Page 12
Item 1N - Page 13
I
I
I
RESOLUTION NO. 25209

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING "THE
ALVAH AND TERESA HICKS RESIDENCE" LOCATED AT
701 NORTH PATENCIO ROAD, AS A CLASS 2 (HISTORIC
MERIT) HISTORIC RESOURCE HSPB #155, SUBJECT TO
CONDITIONS (APN 505-291-005).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8:05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Tom Ellicott and Kevin Palmer, Represented by the Palm Springs Preservation Foundation, submitted an application seeking historic site. designation of the Alvah and Teresa Hicks Residence located at 701 North Patencio Road; and
C. WHEREAS, in March, 2024, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on April 2, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #155 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Alvah and Teresa Hicks Residence a Class 2 (Historic Merit) historic resource; and F. WHEREAS, on May 23, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #155 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS - PART "A", CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C, 1,a), the Item 1N - Page 14
Resolution No. 25209

City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 2 Historic Resources. A site, structure, building or object may be designated as a Class 2 historic resource, provided both of the following findings ("a" and "b'? are met:
a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The report outlines the evidence of various changes made to the home since 1936, which include additions to areas of primary importance, but the property tells the planning and development history of Palm Springs as it relates to residential subdivisions and its integration into the community. The home also maintains its association with Alvah Hicks and Charles Crane, who are both figures of importance, and exemplifies the Spanish Colonial style of architecture from that period. The period of significance is 1926-1939. (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state, or community; No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion i. (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; Alvah Hicks was the builder and first owner of 701 N. Patencio Road. He was a builder, developer, founder of the Palm Springs Water Company and civic leader who served the city as one of the first council members. His contributions were pivotal to the development of residential housing in Palm Springs as outlined in the historic resources report. Not only did he build the physical structures, his involvement in the water company and public office contributed to the growth of Palm Springs. Charles Crane lived in the house from 1936-1939. He was an American businessman, ambassador, and diplomat for the United States. Locally, his contributions to date farming had a lasting impact on the Coachella Valley. Both Hicks and Crane made significant contributions on a local, state, or national level in the United States; therefore, staff finds Criterion ii is met. (Criterion 3) The resource reflects or exemplifies a particular period of national, state, or local history;
The home was completed as a speculative home in 1926 during the time "Between the Wars (1919-1941)" and was recognized as one of the first homes to be constructed in the Old Las Palmas neighborhood. The Merito Vista residential subdivision was developed in 1925 and the homes in this subdivision were largely Spanish Colonial Revival or Ranch I
I
style homes. In the case of 701 N. Patencio Road, the original one-story home had I modest proportions, simple massing, and a covered front porch. Conventional materials Item 1N - Page 15
I
I
I
Resolution No. 25209

such as stucco and clay tiles were used to construct the home. Spanish_ and Mediterranean Revival styles were representative of the period, and the additions that were added in the 1930s kept with this expression of architecture. A majority of the additions demonstrate compatible proportions and use of materials; however, the changes made to the front fac;:ade obscures the simple forms and details of the original home. Overall, the site meets Criterion iii because it reflects the time period of significance, but the unsympathetic alterations to the-front elevation prevent the home from being an exceptional representation of Palm Springs in the period between the wars. (Criterion 4) The resource embodies the distinctive characteristics of a type, period, or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). It appears that the home was constructed using standard construction methods, As a speculative home, the construction methods needed to be conventional and time efficient. City Council finds this project does not qualify for this criterion. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The builder of the original home was Alvah Hicks. He moved to Palm Springs in 1913 and used his skills as a carpenter to build homes and develop residential subdivisions. He quickly acquired a reputation for high quality workmanship, and despite his lack of formal training, he was able to accurately produce architectural details that emulated the desired styles of the period. His skills and resources afforded him the opportunity to be involved in many building projects for individuals such as Nellie Coffman and Thomas O'Donnell.

His contributions to the development of Palm Springs and the influence he had on local history qualifies him as local builder of significance, thus City Council finds Criterion v is met.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
No information has been provided that the resource qualifies under Criterion vi. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

Item 1N - Page 16
Resolution No. 25209
Page4 of8
SECTION 2: PART "B" ANALYSIS OF HISTORIC INTEGRITY.

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

Beginning on page 49 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The resource remains in its original location of construction, therefore, retains its integrity of location.

2. Design:

I
The original layout of the 1926 home was a u-shaped floor plan with a shed roof leaning on the center porch containing the double doors entrance. Alterations and modifications were made in 1936 to include an observation tower to the north, a detached garage north of the tower, and an addition to the south wing of the existing home that altered the original I roofline. All additions to the home use the same architectural language and style, and most of the additions made to the property after the 1930s are located towards the rear of the property, except for the new entry feature. The covered entry has a roof pitch that extends perpendicular to the original roofline and alters the original porch feature. This addition of mass to the front fac;:ade results in a significant visual and material impact to the integrity of the original design. It also appears that the original porch may have been altered at some point in time. The front elevation is considered a primary fac;:ade, and any proposed changes should be sympathetic to the historic mass, scale, and proportions of the building. City Council finds the more recent alterations made to the primary fac;:ade of the home overshadows the modest expression of the original design.

3. Setting:

The single-family home remains in a low-density residential subdivision and the areas of concentrated open space on the property are maintained. The curving and rounded streets are still intact, and the home appears to have a similar spatial distancing from the main road as it did historically. As for the site placement of the home on the property, the report notes that the location of the existing mesquite tree was taken into consideration.

The multi-trunk Mesquite tree thrives on the site and has become an integral part of the site design. The overall integrity of the setting as it relates to the lot and the lot relative to the rest of the subdivision remains intact.

I
Item 1N - Page 17
I
I
I
Resolution No. 25209

4. Materials:

The exterior materials of the building consist mainly of stucco, clay tiles, wood framed fenestration, and wooden rafters that extend to create deep overhangs. Changes have been made to the exterior of the home including wholesale replacement of the roof tiles.

Additionally, new materials have been added to the property such as the brick pathways, patios, and wooden pergolas. Where new features have been added, the exterior materials appear to be consistent with the rest of the home. Excluding the replacement s-tiles on the roof, the exterior materials appear to match closely with what would have been used previously; thus, integrity of material is met.

5. Workmanship:

Conventional construction methods were used to build the home and the existing details appear cohesive and demonstrate a level of high-quality workmanship. City Council finds the integrity of workmanship is met.

6. Feeling:

The property remains a single-family home and continues to use the materials that best reflect the Spanish Colonial Revival style of architecture; however, the enhanced entry feature adds prominence to the front door which was not typical. The subdued nature of the entrance has been lost and the modern interpretation,ofthe entrance has become the strong focal point of the front facade. The integrity of feeling is not met.

7. Association:

The property is associated with the builder Alvah Hicks who was a well-known builder and respected community member. He built many significant buildings in the early days of Palm Springs and is locally recognized as a significant figure. He is directly associated with this property because he built and lived in the home with his family before it was sold. Additionally, the home was the residence of Charles Crane who was a known diplomat and ambassador for the United States. The integrity of association is met.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

Item 1N - Page 18
Resolution No. 25209
Page6 ofB
The following is a list of character-defining features identified by the City Council:

Character-defining features of the resource are as follows:
• Overall site design
• LI-shaped floor plan with interior courtyard
• Unadorned stucco exterior walls
• The shed-roof massing to the north of the front doors • Covered front porch with tile roof overhang
• Wooden multi-light casement windows
• Wooden French doors
• Exposed wood rafter tail details
• Terra-cotta clay tile roof
• Rooftop observation tower
• Mature multi-trunk Mesquite tree as part of the site design Non-contributing elements:
• Modified front porch and new entry feature on the primary fac;:ade of the house • 1970s expansion to the primary bedroom on the south wing of the home and 1980s addition to west elevation of the detached garage structure • Perimeter masonry walls, gates, and planters around the property • Swimming pool and associated equipment, added in the 1970s I
• Outdoor water features, wooden pergolas, and exterior shades 1 • Brick pavers in patio areas and pathways
• S-tile terra cotta roof tiles
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

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

1. It shall meet the definition of a Class 2 historic site as outlined in Municipal Code Section 8.05.020.

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

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

4. The structure/site may not be modified, nor objects removed without following the Item 1N - Page 19
I
I
I
Resolution No. 25209

procedures outlined in Municipal Code Section 8.05.110 "Demolition or Alteration of Class 1 and Class 2 Historic Resources - Certificate of Appropriateness ".

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

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

7. The site shall not be further subdivided .

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

Based upon the foregoing , the City Council hereby designates "The Alvah and Teresa Hicks Residence" located at 701 North Patencio Road, a Class 2 (Historic Merit) Historic Resource (Case HSPB #155) .

ADOPTED THIS 23RD DAY OF MAY 2024.

S6ott C. Stiles , City Manager
ATTEST:

Brenda Pree, City Clerk
Item 1N - Page 20
Resolution No. 25209

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)

55. I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25209 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein None
Mayor Pro Tern deHarte
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this l9 t'v\ day of June 2024.

City of Palm Springs
I
I
Item 1N - Page 21
I
I
I
RESOLUTION NO. 25210

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE
"OCOTILLO LODGE" LOCATED AT 1111 EAST PALM
CANYON DRIVE, A HISTORIC DISTRICT (HSPB #154 / HD-
11), SUBJECT TO CONDITIONS (APNs 511-035-001
THROUGH 511-035-128).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Ocotillo Lodge Owners Association (OLOA), Represented by Chattel, Inc., submitted an application seeking historic site designation of the Ocotillo Lodge located at 1111 E. Palm Canyon Drive; and
C. WHEREAS, in May, 2024, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on May 7, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #154 / HD-11 was held in accordance with applicable law; and
E. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Ocotillo Lodge a Historic District; and
F. WHEREAS, on May 23, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #154 was held in accordance with applicable law; and
G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HISTORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C, 1 ), the Item 1N - Page 22
Resolution No. 2521 O
Page2 of9
City Council shall evaluate the application and make findings in conformance with the following criteria:

1. Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:

The report identifies the exterior of Ocotillo Lodge as a largely intact example of a Mid­ Century Modern hotel, which has since been converted to a condominium complex.

Designed by Palmer and Krise!, the complex exhibits character-defining features of the Modern Movement through the use of site planning, building form and material selection, but it also visualizes the development trends of Palm Springs during that period. The report also references the landscape architect Garrett Eckbo and his contributions to the project.
(Criterion a) Is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a.

I
(Criterion b) Is associated with the lives of persons who made a meaningful 1 contribution to national, state, or local history;
The report does not call out any individuals associated with the property who made any meaningful contribution to national, state, or local history. The site does not qualify under Criterion b.
(Criterion c) Reflects or exemplifies a particular period of national, state, or local history;
During the post-World War II period in Palm Springs, there was a growing demand for single-family residential homes and housing for seasonal residents. Local developers like the Alexander Construction Company developed residential tracts to meet this need, and the Ocotillo Lodge was constructed, in part, to house potential homebuyers while the homes were being built. The different unit types designed for the Ocotillo Lodge showcase the modern aesthetic that would mirror significant features in the homes that would be constructed in the Twin Palms tract. The units at the Ocotillo Lodge also catered to differing privacy and livability needs for both short and long-term visitors to the area. Staff finds the site qualifies as a historic resource under Criterion c by reflecting the local history of development and design shift in architectural style. (Criterion d) Embodies the distinctive characteristics of a type, period, or method of construction;
I
Item 1N - Page 23
I
I
I
Resolution No. 25210

Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Conventional construction methods and materials were used to develop this complex. The HRR goes into detail regarding the use of steel I-beams for the lobby building (identified as Building 1A) to create the expansive wall of concave windows. While the use of the steel beams allowed the glass in the south elevation to be configured in a unique way and what was known as the "Candlewood Room" to slightly cantilever over the area containing the swimming pool, the invention and use of the steel I-beam for structural framing date further back than the 1950s. Staff finds the method and techniques used were not new to the period; therefore, contrary to the report, staff does not find the project qualifies for this.criterion. (Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; Architects Palmer and Krisel are credited for designing the Ocotillo Lodge and the prolific developers Alexander Construction built the complex. It was also noted in the report that the influential landscape architect Garrett Eckbo designed the original landscape features and that certain signature elements were considered physical representations of his theories. Each of the individuals that came together to design and develop this property have a level of influence in their respective fields, especially in the local context of Palm Springs. Their works are celebrated and continue to highly influence the field today.

Ocotillo Lodge is a rare example where these three highly regarded masters collaborated on a single project, thus staff finds the project qualifies under Criterion e. (Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The structures and features within the proposed boundaries of the district may not independently possess historic distinction, however, as a collective the proposed district embodies the development history of Palm Springs and how existing structures were adapted for the population growth of full-time residents and the architectural trends that appealed to the people during that time. Thus, the proposed district also qualifies under Criterion f.
(Criterion g) Has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

SECTION 2: PART "C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis oflntegrity. (PSMC 8.05.090 (C,2). The site, structure, Item 1N - Page 24
Resolution No. 25210
Page4 of9
building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interiors Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 49 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The buildings, the configuration of parking, and open community spaces remain in their historic location, therefore, the proposed district retains its integrity of location.

2. Design:

The one and two-story structures are arranged on the site creating a hierarchy of buildings which seem to respond to the adjacent street conditions: the two-story building facing East Palm Canyon Drive and the clusters of one-story units face the neighborhood roads.

Vehicular circulation, including parking, is concentrated to the periphery of the site and the internal circulation consists of concrete pathways encouraging pedestrian use.

I
The one-story units were arranged in two different clusters around the central open space I containing the keyhole-shaped pool. The report identifies the one-story clusters as "villa bungalows" and "courtyard bungalows". The "villa bungalows" comprise of 25 units and are arranged in a grid pattern, while the "courtyard bungalows" consist of 56 units that are clustered in a checkered pattern. The layout of the buildings allows for each unit to have their own private patio space and access to walkways that ultimately connect back to the central community space. The buildings all utilize a similar architectural language that exhibit modernism principles by using simple geometric forms, flat roots, exposed wooden beams, square concrete block walls, large expanses of glass walls, ribbon and/or clerestory windows, and simple line details with no ornamentation.

No original landscape files were found but the report confirms Garrett Eckbo's involvement in the project and credits the landscaping features around the main pool and the geometry of curves and angles found in the paving to him based on an interview with the architect. Other examples of his work help support this claim.

The building forms, the use of simple details and largely the site design are critical components of the design that largely remain; therefore, staff finds the design integrity is intact.

3. Setting:

According to the historic resources report, the property was constructed with an intent to I Item 1N - Page 25
I
I
I
Resolution No. 25210

house potential buyers of single-family homes that were being built in the adjacent Twin Palms tract just north of the property. As seen in the historic aerial images from 1965 and 1972 (Attachment B of the HRR), the lots directly east and west of the property along E.

Palm Canyon Drive were vacant. Currently those areas are zoned with differing degrees of residential and commercial uses but the original setting between Ocotillo Lodge and the Twin Palms subdivision remains intact.

4. Materials:

The building materials consist of smo_oth plaster or stucco finished walls, T1-11 siding, masonry block walls, extruded wooden beams and fascia details, aluminum-framed windows and doors, and concrete pathways. It appears that some original exterior material was replaced and there are areas of deterioration that need to be addressed but a majority of the original material remains. The overall integrity of materials is intact.

5. Workmanship:

Conventional construction methods and building materials were used for this development. Readily available materials such as concrete blocks were used to reinforce clean lines and the extrusion of blocks on the screen walls created a decorative pattern to highlight certain areas. Various repairs and changes have been made to individual units over time, however, the overall aesthetic was respected and changes that are less sympathetic appear reversable. The use of concrete square blocks down to the fascia details demonstrates a level of attention to detail and workmanship by the original designers. Staff finds enough integrity of workmanship remains on site.

6. Feeling:

The original design focused on the pedestrian experience by leaving the vehicles behind and immersing the visitors/residents into a network of walkable concreate paths. Each unit retains private courtyard spaces, and the main swimming pool retains its focal presence on the site ·as a space for community gathering. The feeling of leisure desert retreat remains on the site because all the private and communal spaces remain in their original configuration; therefore, staff finds the integrity of feeling remains intact.

7. Association:

The existing condition of the property maintains a physically recognizable association with the post World War II development in Palm Springs and the major design components of the site design and individual buildings are closely associated with the architects Palmer, Krisel and Eckbo. The integrity of association remains intact.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that Item 1N - Page 26
Resolution No. 25210
Page6 of9
contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but I which may create a false sense of historicity. Distinguishing original character-defining features from non-origir:ial elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features listed below and more clearly referenced in Exhibit A:
• Site design and building cluster configurations on the lot around the central focal point of the main swimming pool shaped like a keyhole
• Internal network of concrete pathways including the curved and angular geometry of the pavement credited to Garrett Eckbo
• Parking and vehicular circulation configuration around the perimeter of the property.
• One and two-story horizontal massing and simple geometric forms • Grid-like layout or clustered units arranged around the swimming pool and articulated by four-unit bungalows
• Keyhole-shaped pool within the open community space south of the lobby building
• Painted masonry block screen walls with articulation on the north (front) and south (rear) elevations of the lobby building (identified as Building 1A in the HRR) • Distinctive semi-circular plan and concave windows in the "Candlewood Room" (identified as the south portion of Building 1A in the HRR) • Monumental porte cochere entry with restored Ocotillo Lodge signage (excluding the square notched archway in the porte cochere)
• Flat roofs that have wide overhanging eaves and cantilevered canopies • Fascia details that hide the electrical conduit
• Expressed post-and-beam construction using wood and steel members • Interior/exterior connections expressed through glass walls, the continuation of exposed beams and tongue-and-groove ceiling details to the exterior • Integration of private patios and semi-private decks for each unit • Unadorned smooth plaster or stucco-finished wall surfaces • Square concrete block walls in a stack bond pattern
• Flush-mounted aluminum-framed ribbon windows, clerestory windows, and glass sliding doors that span from floor to ceiling
• "Sun flap" of suspended concrete panels shading concave curtain wall • T1-11 wood siding on storage spaces and patio dividers for second floor units • Exposed pebble aggregate concrete stair treads in steel pipe column stairwells leading to the second floor units
• Glass walls incorporating sliding glass doors
• Glass walls with double glass doors at porte cochere wall of lobby • Landscape design features around the main pool by Garrett Eckbo and tall Washingtonia palms throughoutthe complex
• Curved cabana and restroom structure with trellis south of the keyhole-shaped I
I
Item 1N - Page 27
I
I
I
Resolution No. 2521 O

pool designed by Garrett Eckbo (removed)
Non-contributing elements:
• Pool fencing installed around the keyhole-shaped swimming pool • Metal security gates at various entry points to the site • Metal screen security doors in front of entry doors on the units facing East Twin Palms Drive
• Metal mesh screening on stair railings
• Metal fence along the curved strip of grass where the original curved cabana/trellis was located south of the keyhole-shaped pool
• Glass blocks in original clerestory openings
· • Roof-mounted mechanical equipment and accompanying ductwork • Sunshine Bar (identified as Building 5 in the HRR) added in 1973 and detached barbecue added in 1994
• One-story conference room (identified as Building 4 in the HRR) east of the Sunshine bar (Building 5)
• Two non-original spas located northwest and directly east of the keyhole shaped swimming pool
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

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

8.05.020.

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

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

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District- Certificate of Appropriateness".

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

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

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for Item 1N - Page 28
Resolution No. 252 10

recordation within 90 days of the effective date of the Council's resolution .

The following Specific Conditions of Approval shall apply to the Ocotillo Lodge Historic District:

1. Design Guidelines. The property owners in the proposed historic district shall submit design guidelines as outlined in Section 8.05 for review and approval by the City's HPO.

2. Review of future Certificates of Appropriateness ("C of A"). Alterations to buildings , structure , objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8.05.120 (E), including consistency with the Design Guideli nes.

Based upon the foregoing , the City Counci l designates "Ocotill o Lodge" located at 1111 East Palm Canyon Drive, a Historic District HSPB #154 / HD-11 .

ADOPTED THIS 23RD DAY OF MAY 2024.

ATTEST:

Bt~e,k
I
I
I
Item 1N - Page 29
I
I
I
Resolution No. 25210

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25210 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein None
Mayor Pro Tern deHarte
None
IN WITNESS WHEREOF, I have herejp~set my hand and affixed the official seal of the City of Palm Springs, California, this day of June 2024. dt;~
BreftdaPree, MMC, CERA, City Clerk
City of Palm Springs

ATTACHMENT C

Item 1N - Page 30

40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449

May 23, 2024

To: City of Palm Springs

Re: Mills Act

To Whom It May Concern,

Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #301, Palm Springs, CA 92264. The association is committed to the preservation of the association’s historic design and architecture.

The association understands that they will need to co- sign the contract in order for the owner to receive approval.

Sincerely,

Rhonda Drews,
Community Manager on behalf of the
Ocotillo Lodge Owners Association
Board of Directors
Item 1N - Page 31
Premier
:: Community
"?/"_ L:: Association
~ Man age men t
A Division of Buck, Reynolds Corporation

September 10, 2024

City of Palm Springs
Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA 92262

RE: 701 N. Patencio Rd, Palm Springs, CA 92262

To Whom It May Concern:

We are the owners of the 701 N. Patencio Rd and we agree to the submission of the historic designation application for our property.

If you require any additional information, please let us know.

Sincerely,

Kevin L. Palmer

Tom Ellicott

Item 1N - Page 32
Item 1N - Page 33

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
P&E Residential, LLC

2. Address of Entity (Principle Place of Business)
1994 E. Sunrise Blvd, Suite 257, Fort Lauderdale, FL 33304

3. Local or California Address (if different than #2)
701 N. Patencio Rd, Palm Springs, CA 92262

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

5. Type of Entity
D Corporation [!] Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Kevin L. Palmer D Officer D Director [!] Member [!] Manager [name]
D General Partner D Limited Partner
Other
Joseph Thomas Ellicott D Officer D Director [!] Member 8 Manager (Revised 05/16/19)
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1N - Page 34

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

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

Kevin L. Palmer 50%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Joseph Thomas Ellicott 50%
[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 entitv]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
~ ;!~a-~ur'.: of ~loft 9 Party, Printed Name, Title
\~l~
Date
(e,VlV\ Pr,Jt-rD.~J ffic.'l'G~ 1'1\.Q,"v\J'\- 09/10/2024

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1N - Page 35
July 1, 2024
To Whom It May Concern :

As the owner of the property located at 1111 E. Palm Canyon Drive, #344, Palm Springs, CA, 92264, I hereby request that the property be subject to the Mills Act. I am committed to the preservation of the historic design and architecture of this property.

Sincerely ,
~oflw.J q ~l!}c--<P
Kathy A. Breedlove --
Trustee of the Kathy A Breedlove Trust dated 12/18/2018 --~
!

40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449

July 1, 2024

To: City of Palm Springs

Re: Mills Act

To Whom It May Concern,

Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive # 344, Palm Springs, CA 92264 . The Association is committed to the preservation of the A ssociation’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,

Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association

Item 1N - Page 36
Premier
:: Community
"?/"_ L:: Association
~ Man age men t
A Division of Buck, Reynolds Corporation
Item 1N - Page 37

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Kathy A Breedlove Trust dated 12/18/2018

2. Address of Entity (Principle Place of Business)
1433 Edgemont Street, San Diego, CA 92102

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

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

5. Type of Entity
D Corporation D Limited Liability Company D Partnership [!] Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Kathy A Breedlove D Officer D Director D Member D Manager t --
(Revised 05/16/19)
[name] • D General Partner D Limited Partner
.:,--
[!] Other Trustee
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] .,~
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page lof 2
Item 1N - Page 38

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

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

Kathy A Breedlove 100%
[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 entitvl
E.
'
··"'"
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLAR~ 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 1/a»->'1 tt_ 6,{.,u.JIOA; /1'~-b 7/1/2024

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1N - Page 39
llllEPalmCanyonDrive,#353
Palm5prings,CA92264
Julyl,2024
CityofPalmSpringsDl!partme ntofPlanning Services
3200 E Tahquitz Canyon Way
PalmSprfngs,CA92262
WeareveryeJrcitedtoapplyfortheMillsActconsideration. Wehaveseveralplanstoimprovethe condo mini um unit. Please keep in mind that much of eJrterior maintenance is the responsibility of the HOA., however there are several high·ticket items we will be addressing within the next decade. Some examples:

The HVAC unit Is quite old and will need replacing within approJrimately S years; apprOJrimately $10,000.

The front door no longer flu well it hH gaps and will likely need replacement within the deCilde, approJrimatelySlS00-2000.

The property has three sliding doors which are all original to the condominium (1957). None slide well anymore and will need repair (preferably) or replacement as soon as possible; approJrimately up to $2000 each for replacement.

The gate from our patio to the common area needs repair because when replacing a lock, the woodofthegateneededtobernodifiedandilnolongerfitscorrectly,approJrimately$S00.

A.nd,ofcou rse,therearealwaysu nforeseen surpriseslna67•year-ol dbuild ing.

Welookforwardtohearingfromyou .

Yours,
w~
Anthony Vardaro Cheryl Vardaro

40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449

July 1, 2024

To: City of Palm Springs

RE: Mills Act

To Whom It May Concern,

Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive # 353, Palm Springs, CA 92264 . The Association is committed to the preservation of the A ssociation’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,

Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association

Item 1N - Page 40
Premier
:: Community
"?/"_ L:: Association
~ Man age men t
A Division of Buck, Reynolds Corporation
ATT

ACHMENT D
Item 1N - Page 41

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kathryn Horak ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 301, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On May 23, 20 24 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 42

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1N - Page 43

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1N - Page 44

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1N - Page 45

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Kathryn Horak
1111 E. Palm Canyon Drive, #301
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1N - Page 46

6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1N - Page 47

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 48

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Owner: Kathryn Horak

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association

Item 1N - Page 49

9 Item 1N - Page 50

AC KNOWLEDGM EINT
A no ry public or other ofiioe :r ,oompletillQI tt, i,s cerl i-ca e verifies only lhe iclenlity of the i divooual o siglled e docume;nt which tttis ,certifica te is aHached . and not ihe trut h.rul'ness. acc uracy , or va~d'iiy ,of lhat documellt.

State of California
County of __________ _
On ______ before me, _ ____________________ •
{here insert name and title of the officer )
persona lly appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the witl1in instrument and acknowledged to me that he/she/they executed the same iin h is/her/their aut11orized capac1ity(ies), and< that by his/her/their signature(s) on the instrument the person,(s). or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PENALTY OF PERJU RY under the laws of the State of Caliliomia that the foregoing paragraph is true and correct.

WITNESS my hand and offiiciial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

A CONDOMINIUM COMPRISED OF:

PARCEL 1:

A.) UNIT NO. 301 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 95-237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 95-239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

B.) AN UNDIVIDED 1/127
THS INTEREST IN AND TO LOT 1 OF TRACT NO. 28063
AS SHOWN BY MAP ON FILE IN BOOK 254 PAGES 50 AND 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT “EXCLUSIVE USE COMMON AREAS” SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1 ABOVE, AS DESCRIBED IN THE DECLARATION.

ASSESSOR’S PARCEL NUMBER: 511-035-046

Item 1N - Page 51

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1N - Page 52

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 53

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Repair patio and concrete slab: address concrete cracking and drainage issues noted at concrete slab in private patio. Estimated cost: $10,000 and estimated year of completion is 2026.

2. Replace air conditioner/heat package unit: replace air conditioner/heat package unit on roof. Estimated cost: $15,000 and estimated year of completion is 2032.

3. Patio landscape maintenance: conduct annual landscape maintenance, including inspection of irrigation, plant replacement, pebble replenishment, etc. Estimated cost: $500/annually and estimated year of completion is annually.

4. Air Conditioning maintenance: conduct annual maintenance of a/c system.

Estimated cost: $500/annually and estimated year of completion is annually.

Item 1N - Page 54

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ___day of ________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and P&E Residential LLC ("Owner")

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 701 N. Patencio Road, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On May 23, 20 24 (the "Approval Date"), the City Council approved Resolution 25209 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

D. The City and the Owner, desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 55

2 AGREEMENT

NOW, THEREFORE, the City and the Owner, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ___________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at leas t sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner shall comply with these minimum standards throughout the term of this Agreement. In addition, the Owner shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1N - Page 56

3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1N - Page 57

4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner breached any of the conditions of the Agreement, the Owner al lowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be impos ed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1N - Page 58

5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land . The City and t he Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City and the Owner,

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: P&E Residential LLC
Kevin L. Palmer, Member/Manager
Joseph Thomas Ellicott, Member/Manager
25 Beaver Pond Road
Beverly, MA 01915

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement Item 1N - Page 59

6 of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to Item 1N - Page 60

7 the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner is the economic advantage that will accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 61

8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Member/Manager: Kevin L. Palmer
(P&E Residential LLC)

Dated:_________________________ By:_______________________________ Member/Manager: Joseph Thomas Ellicott
(P&E Residential LLC)

Item 1N - Page 62

9 Item 1N - Page 63

ACIKNOW LEDGMENT
A noiary public or ot her affice :r ,comp leli 91 tt,i;s cert i~cai.e ve rifies a ly lhe ide:nli y of the individual wiho signed e daoo me;nt ro whidl t his ,certiloc:ate is a -, tied , and n.ot e t ruil"Lrutness. acc uracy , or va d'ity ,of lhat document State of Ca I ifomia
County of __________ _
On _______ before me, - --------------------~ ·
(here insert name and til:l'e of the officer )
persona lly appeared _______________________ _
----------------------------------- ·
who proved to rne on the basis of satisfactory eviidence to be the person(s) whose name(s) i1s/are subscribed! to the within instrument and aclfmowledgedl to me that he/she/they executed the same in hiiS./her/th.eir authorized! capaaity(ies), and that by his/her/their si.gnature(s ) 011 the instrumen t the person{s ), or the enti1ty upon behalf of Which the person(s) actedl, executed! t11e i11stru111e11L
I certify und'er PBNAL TY OF PERJURY under tile la'INS of the State of Califomi1a that the fmeg.o•i ng parngraph is true and correct .

WITNESS my hand and offioial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

LOT 49 OF MERITO VISTA, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN BY MAP ON FILE IN BOOK 12 PAGE 94 OF MAPS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ASSESSOR’S PARCEL NUMBER: 505-291-005

Item 1N - Page 64

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1N - Page 65

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 66

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Replaster/maintenance of pool . Estimated cost : $27,527 and estimated year of completion is 2024.

2. Install solar. Estimated cost: $29,970 and estimated year of completion is 2024.

3. Replace floors in tower. Estimated cost: $15,176 and estimated year of completion is 2024.

4. Replace tile on two fountains. Estimated cost: $6,200 and estimated year of completion is 2024.

5. Exterior repaint of the home. Estimated cost: $25,000 and estimated year of completion is 2025.

6. Replacement of driveway. Estimated cost: $17,500 and estimated year of completion is 2025.

7. Replacement of exterior doors and windows, like- for-like replacement. Estimated cost: $78,000 and estimated year of completion is 2026.

Item 1N - Page 67

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Kathy A Breedlove Trust ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 3 44, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On May 23, 20 24 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 68

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1N - Page 69

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1N - Page 70

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be impos ed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1N - Page 71

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Kathy A Breedlove Trust
Kathy Breedlove, Trustee
1111 E. Palm Canyon Drive, #344
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner Item 1N - Page 72

6 or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1N - Page 73

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 74

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Owner: Kathy Breedlove, Trustee
Kathy A Breedlove Trust

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association

Item 1N - Page 75

9 Item 1N - Page 76

AC KNOWLEDGM EINT
A no ry public or other ofiioe :r ,oompletillQI tt, i,s cerl i-ca e verifies only lhe iclenlity of the i divooual o siglled e docume;nt which tttis ,certifica te is aHached . and not ihe trut h.rul'ness. acc uracy , or va~d'iiy ,of lhat documellt.

State of California
County of __________ _
On ______ before me, _ ____________________ •
{here insert name and title of the officer )
persona lly appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the witl1in instrument and acknowledged to me that he/she/they executed the same iin h is/her/their aut11orized capac1ity(ies), and< that by his/her/their signature(s) on the instrument the person,(s). or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PENALTY OF PERJU RY under the laws of the State of Caliliomia that the foregoing paragraph is true and correct.

WITNESS my hand and offiiciial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

A CONDOMINIUM COMPRISED OF:

PARCEL 1:

A.) UNIT NO. 344 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

B.) AN UNDIVIDED 1/127
THS INTEREST IN AND TO LOT 1 OF TRACT NO. 28063
AS SHOWN BY MAP ON FILE IN BOOK 254 PAGES 50 AND 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT “EXCLUSIVE USE COMMON AREAS” SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1 ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-086

Item 1N - Page 77

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1N - Page 78

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 79

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Concrete work: resurfacing concrete patio (restoring to original surface).

Estimated cost: $3,200 and estimated year of completion is 2024.

2. Fencing: replace and paint fencing on interior side of patio, with original materials and Krisel paint color. Estimated cost: $3,400 and estimated year of completion is 2024.

3. Patio landscaping: install patio landscape including irrigation and lighting.

Estimated cost: $1,000 and estimated year of completion is 2024.

4. Door hardware: replace entry door hardware w/ HOA approved style and finish. Estimated cost: $500 and estimated year of completion is 2024.

5. Electrical: new electrical panel. Estimated cost: $2,000 and estimated year of completion is 2024.

6. Sliding door replacement: replace glass in original doors (3) with tempered glass for safety, service door and re-screen. Estimated cost: $5,000 and estimated year of completion is 2024.

7. Air conditioning: replace roof top AC unit. Estimated cost: $12,000 and estimated year of completion is 2029.

8. On-going maintenance of landscape, fencing, patio concrete, sliders/jalousies. Estimated cost: $1,070/ annually.

Item 1N - Page 80

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ____ day of ___________, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Anthony J. Vardaro and Cheryl F. Vardaro ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 3 53, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On May 23, 20 24 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1N - Page 81

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1N - Page 82

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1N - Page 83

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1N - Page 84

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Anthony J. Vardaro and Cheryl F. Vardaro
1111 E. Palm Canyon Drive, #353
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1N - Page 85

6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1N - Page 86

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1N - Page 87

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Owner: Anthony J. Vardaro

Dated:_________________________ By:_______________________________ Owner: Cheryl F. Vardaro

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association

Item 1N - Page 88

9 Item 1N - Page 89

AC KNOWLEDGM EINT
A no ry public or other ofiioe :r ,oompletillQI tt, i,s cerl i-ca e verifies only lhe iclenlity of the i divooual o siglled e docume;nt which tttis ,certifica te is aHached . and not ihe trut h.rul'ness. acc uracy , or va~d'iiy ,of lhat documellt.

State of California
County of __________ _
On ______ before me, _ ____________________ •
{here insert name and title of the officer )
persona lly appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the witl1in instrument and acknowledged to me that he/she/they executed the same iin h is/her/their aut11orized capac1ity(ies), and< that by his/her/their signature(s) on the instrument the person,(s). or the entity upon behalf of which the person(s) acted, executed, the instrument.

I certify under PENALTY OF PERJU RY under the laws of the State of Caliliomia that the foregoing paragraph is true and correct.

WITNESS my hand and offiiciial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

A CONDOMINIUM COMPRISED OF:

PARCEL 1:

A.) UNIT NO. 353 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND

RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

B.) AN UNDIVIDED 1/127
THS INTEREST IN AND TO LOT 1 OF TRACT NO. 28063,

IN THE CITY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 254 PAGE(S) 50 AND 51, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY.

EXCEPTING THEREFROM ALL NUMBERED CONDOMINIUM UNITS AS SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT “EXCLUSIVE USE COMMON AREAS” SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1 ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-086

Item 1N - Page 90

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1N - Page 91

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1N - Page 92

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. The HVAC unit will need to be replaced within approximately 5 years.

Estimated cost: $10,000 and estimated year of completion is 2029.

2. Replacement of front door that no longer fits the opening. Estimated cost:
$1,500-$2,000.

3. Repair or replacement of sliding doors (3) from 1957. Estimated cost: $2,000 for each slider, and estimated year of completion is 2025.

4. Repair patio gate with the replacement of the lock. Estimated cost: $500 and estimated year of completion TBD.

Item 1N - Page 93

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2024 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 24B132 WITH ADAM A. CAMPOS DBA GRAPHICS MFG FOR ROADWAY POLE

BANNERS, REPLACEMENT PARTS, AND SERVICES FOR PALM

SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Contract Services Agreement No. 24B132 with Adam A. Campos dba Graphics MFG (Graphics MFG), in an amount not to exceed $ 329,250 for roadway pole banners, replacement parts, and services for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24B132 (Attachment A) with Adam A.

Campos dba Graphics MFG to provide roadway pole banners, replacement parts and services for the Palm Springs International Airport in an amount not to exceed $329,250 for the initial t hree-year term beginning September 30, 2024, through September 29, 20 27, with two one -year extension options at the City’s sole discretion.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on August 17, 2024, Adam A. Campos dba Graphics MFG is registered in the state of California.

BACKGROUND:

The Airport oversees approximately 150 roadway light poles on public roadways, many equipped with one or two brackets for hanging advertising banners. There are approximately 275 existing banner brackets, and over time, these brackets have Item 1O - Page 1
City Council Staff Report
September 26, 2024 -- Page 2
Award Roadway Pole Banners Contract

deteriorated and frequently break during banner changes. The Airport currently does not have an organized system for the numbering or mapping of these banners, which creates inefficiencies in the planning and placement of banners.

Furthermore, the current design of the brackets does not allow for easy and quick banner changes. Consequently, banner changes are currently performed by Airport staff on an as-needed basis, which is cumbersome due to the lack of both proper equipment and parts.

STAFF ANALYSIS:

An Invitation for Bids (IFB 24-24) was initiated by the City’s Procurement and Contracting Department on July 29, 2024, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, Planet Bids. In addition, the IFB was advertised in The Desert Sun. Eight bids were received by the August 26, 2024, deadline. Below are the eight responsive bids:

Vendor Bid
Graphics MFG – Victorville, CA $329,250.00
Front Signs – Burbank, CA $384,702.75
Canyon Print and Signs – Palm Springs, CA $417,317.00
Pacific Decoration Company – Nevada, CA $483,271.00
Sign Factory – El Centro, CA $644,375.00
Next Level Signs – Tempe, AZ $648,000.00
PlanIT Print Works – Palm Desert, CA $656,603.75
T&G Global LLC – La Palma, CA $826,975.00

The Agreement is for three years. Staff recommends approval of Contract Services Agreement No. 24B132 with Adam A. Campos dba Graphics MFG for a three-year term in an amount not to exceed $329,250 effective September 30, 2024, through September 29, 2027, with two one-year extension options.

Recognizing the inefficiencies stemming from deteriorated banner brackets, staff initiated the procurement process to address these issues. Graphics MFG emerged as the selected contractor tasked with conducting a comprehensive assessment of all public roadway light poles at the Airport. This includes developing a meticulous G eographic Information System (GIS) map with a detailed numbering system and replacing each pole's bracket. The scope ensures continuity for dual-banner poles while maintaining the configuration of single-banner poles.

Each pole will be outfitted with durable numbering tags resilient to regional weather conditions that are projected to last for 10 or more years. Graphics MFG will replace all existing banner brackets to allow a quick and easy change out of banners that does not require tools or adjustments and that can withstand high winds. Additionally, Graphics MFG will also create a map outlining zones that will allow the Airport to dictate the Item 1O - Page 2
City Council Staff Report
September 26, 2024 -- Page 3
Award Roadway Pole Banners Contract

following individual zones for banner change out and/or banner replacement: 1) Terminal Roadway Center Median (median directly in front of the terminal) ; 2) Kirk Douglas Way; and 3) Main Airport Loop off El Cielo Entrance.

Lastly, Graphics MFG will maintain a sufficient inventory of spare banners and brackets, equivalent to 10% of those in use, to facilitate swift replacements in the event of damage or loss. Graphics MFG will also oversee the responsible disposal of outdated banners per Airport directives and promptly replace any damaged brackets from their stocked inventory throughout the contract term.

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 2A, Community Infrastructure - Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 202 4-25 in the Department of Aviation, Advertising Account 4157020-50145, and funds will be budgeted for Fiscal Years 2025- 26 and 2026-27.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Oscar Verdugo
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 24B132
B. Public Integrity Disclosure
Item 1O - Page 3

ATTACHMENT A
AGREEMENT NO. 24B132
WITH ADAM A. CAMPOS DBA GRAPHICS MFG
Item 1O - Page 4

CONTRACT SERVICES AGREEMENT 24B132

ROADWAY POLE BANNERS FOR

PALM SPRINGS INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on September 30, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Adam A Campos dba Graphics MFG, a California Sole Proprietorship, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECIT
ALS
A. City
requires the services of a contractor to replace and map all banner brackets on roadway light poles, print and install banners multiple times per year, and manage disposal of old banners at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a Bid to provide replace and map all banner brackets on roadway light poles, print and install banners multiple times per year, and manage disposal of old banners at the Palm Springs International Airport, 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 c
ompliance 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. Contrac
tor 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. Contrac tor 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.

Item 1O - Page 5

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
The t
ime 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. C
ontractor 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 $329,250.00.

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 W
ork, 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. Thi s 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. Ti me 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 t ime 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); Item 1O - Page 6

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.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this 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. U
nless 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 September 30, 2024, and ending on September 29, 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 additional one-year terms.

4.5 Termination Prior to Expiration of Term. Ci ty 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: Adam Campos , Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

5.3 Prohibition Aga inst 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 Item 1O - Page 7

wit
h 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.

5.4 Independent Contractor. Nei
ther 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. Cont
ractor 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.

Title : Name:

Adam A Campos Owner

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).

Item 1O - Page 8

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.

7.1 I ndemnification. 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. RE

CORDS AND REPORTS

8.1 R eports. 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. C
ontractor 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 Item 1O - Page 9

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 O wnership 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. A
ll 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.

8.5 Audit and Inspection of Records. A
fter 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. E

NFORCEMENT OF AGREEMENT

9.1 C alifornia 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. Thi
s 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. N o delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of 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 . E
xcept with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Item 1O - Page 10

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. I n 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. C ITY OFFICERS AND EMPLOYEES: NON -DISCRIMINATION

10.1 No n -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 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. C ontractor 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. I n 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. M ISCELLANEOUS PROVISIONS

11.1 N otice. 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.

Item 1O - Page 11

To Ci
ty: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Adam A Campos dba Graphics MFG

Attention: Adam A Campos
13109 Aerospace Drive
Victorville, CA 92394

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 am endments 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 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 A greement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Excep t 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 abov e-r
eferenced 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 per sons 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 A
greement may be signed in counterparts, each of which shall constitute an original.

12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in 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.

Item 1O - Page 12

13. Federal Provisions
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Fede ral Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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

SIGNATURE PAG

E TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND ADAM A CAMPOS DBA

GRAPHICS MFG
IN WITNESS WHEREOF, the Parties have execut ed this Agreement a s of t he dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signatur
e 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:

B y: ________________
_____________ 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 1O - Page 14

EXHI
BIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1O - Page 15

1.1 Backgr
ound:

Palm Springs International Airport (PSP) has approximately 150 roadway light poles on public roadways, and many of them have brackets for hanging advertising banners. These brackets have aged and are beginning to break each time the banners are changed out.

Some light poles have two banner brackets and others have one.

The public roadway banners are not numbered nor are they mapped out for planning new banner placements. There are approximately 242 existing banner brackets.

The current banner brackets are not a design that allows for an easy and quick banner change out.

Airport staff currently change out the banners on an as -needed basis. The airport is looking for a contractor that can procure and install new banner brackets and print and install banners. The contractor must have the equipment to do this work as the airport is unable to provide equipment that could be used for the installation of the brackets or banners.

1.2 Scope:

A. Contractor shall determine an accurate count of roadway light poles on PSP’s public roadways and build a GIS map and numbering system.

B. Each light pole bracket is to be replaced. Poles with dual banner displays shall remain dual and single banner light poles shall remain single.

C. Each light pole should be assigned a number on the map with a description that includes the number of banner brackets and any other pertinent information.

D. Contractor shall physically number each pole with materials that will withstand the region’s weather and last for 10+ years.

E. Contractor shall replace all existing banner brackets will allow for a quick and easy change out of banners that does not require tools or adjustments and that can withstand high winds.

F. Contractor shall create a map outlining zones that will allow the airport to dictate individual zones for banner change out and/or banner replacement. 1) Terminal Roadway Center Median (median directly in front of the terminal) 2) Kirk Douglas Way
3) Main Airport Loop off El Cielo Entrance
G. Contractor shall print and install banner for the entire airport public roadway system up to four times per year.

H. Contractor shall print and install banners on the center median in front of the terminal up to six times per year.

I. The new banner brackets should secure the banners to prevent wind damage and prevent the banners from being blown off by high winds.

J. The banners should be 78”
tall and 32” wide and fabricated in a way that works with the new brackets to prevent wind damage or being blown off by the wind. Grommets installed on banners along the pole can be an additional way to secure them to the pole.

Item 1O - Page 16

K. Contr
actor shall maintain a stock of extra printed banners equal to 10% for replacement in case of wind or other type of damage, or if they go missing. The airport will own all banners.

L. Contractor shall provide a stock of extra banner brackets equal to 10% of each typer used for the Airport to own.

M. Contractor shall be responsible for replacing damaged brackets from Airport stock during the term of the contract.

N. At the direction of the Airport, the contractor shall dispose of old banners that are no longer in use.

O. Contractor may charge a mobilization charge per visit includes original install plus any call outs for wind damage, etc.

P. Banner print files are designed for double sided printing. The pole numbers should be lower and close to the ground for easy viewing (new brackets are to be put in the exact same place and height as the existing brackets).

Q. One advanced warning sign and cones is sufficient for a 75 -foot taper (approximately 10) along the loop road will be required for closing any lane while work is being performed. Any work performed on Kirk Douglas Way will require advanced warning and one specific warning sign, with sufficient cones for a 145-foot taper (approximately 15).

1.3 Pricing:

Contractor shall provide a per banner print and installation fee, and fees for instances when more banner replacements/and or installs are needed than outlined.

1.4 Payment:

The resulting contract for these services will be compensated on a lump sum basis that is inclusive of all costs related to the specifications and requirements. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis.

Item 1O - Page 17

Item 1O - Page 18

ATTACIH IMENT G
B ID FORiM
INVlfTATI0tl FOR BIDS (IIFB 24-24 1
ROADWAY P0LIE BAtU-ISRS FOR PALMI SPRINGS !t,ITERNATIOHA AIRPORT Respon ding to this fB, for r,oadway IPOle btmri ern, the unders igned bidder pro po.ses and agrees to pmvide he servfces and work in accordance - tl the specilica ons _ Bidder propos es and agrees to furnish all labo r, equ(prnent, mrn.eri.a'ls, supe r,.,isio n, and sef'l,'ice necessa ry to comp te said W ork in accorclan ce with the Specifications of the City ,o Palllll Springs and wi I accepl . as full 1Payrnent there fore, ttl e following unit oo&t amourits . The City o,f Palm Sprin gs wi I ot accept any add"lfional ch arges, tees, etc. tha t are not a'lready included or -noorp omt ed in the be low unit oosts _ ITEM l) ESCR PTION UNIT ESTIIIMIATED UNlfT SUBTOTAL QUANTITY PRICE 1 Braclke s EA 275 96.00 26,400_00
2 Bariners EA 3,300 65_00 214,5[1()_00
3 Brac ket lnsta 'II Oharg e EA 2513 30_00 7,500_00
4 Banner llnsta 'II Oharg e EA 3,300 22.00 72,800 _00
5 Mobmzatian Charge fi)er &cope) EA 30 175 _00 5,250_00 ITEM DESCRIPTll:ON UNIT ON E TIME SUBTOTA FEE
6 Build a GIS Map and Nurnbertng EA 11 3,00D_OO 3,000 .00 System (per soope , sectio n 4 _2), TOTAIL (Ente r lliis amount in P!an etB idsj, $329,250_00 ·• OTE: This bid orm is to detenn irie the IOlh'est. bidder arid I be used to e&tablislh the contract un prices_ The contract wi beret at he City budg et amouril Fiirm Nam e: Grnpll ics MFG
DIR Numb er: 1000047 147
Signatu re ,of Au thmized Perso n:
:¼bfR::

Printed Nan1e: Adam Campos
1iitle: Owner
Dal.e: 8125/24

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 1O - Page 19

INSURANCE

1. P rocurement 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. C omprehensive 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_____ i
s 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. P
rimary 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. I
f 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 Item 1O - Page 20

services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. S ufficiency 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. C
ontractor 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 A
uto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

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

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

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

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

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

7. D
eductibles 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 Item 1O - Page 21

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

Item 1O - Page 22

EXHIBIT “C”

Item 1O - Page 23
ATTACHMENli '"f "
EXEC U liVIE OIR [) ER H-6-22 C ERTIIFICATION
INVIITATION FOR BIDS (IFB 24-24 1
IROADWA Y PO LIE BANNERS FOR PALJM SPR ING S IHTERNAT lotll AL A IIR PO RT Execut ive Oroeir N-6-22' issL.led by Governor Gavin Newsom on Mmch 4, 202'2, directs all agencies and depm1merits that are subject to the Governors aulllorify to ,(a,) term inate ,my contracts witih any iridividuals or en · ies t at are defermiried to be a target ,of eco omic sane oris against IRL1ssia and Ru ssian entities an d irxlividuals; and {lb) retrain from erneri ng into any new coritrncts will1 such individuals or entiities 11,1h e Ille a oremeritiori ed san c oris are iri effect.

Execut ive Ordeir N-6-22' also requires ttlat ariy con rado :r that (1) curren ly has a contract willl the City of Pa m Springs fund ed thmug'h grant fimds provided by the State of California; andfor (2) submits a bid or proposal ,or otherwise proposes to o:r enter irnfo or renew a contract with tti e Cily of Pa m Sp:rings wtth Stale ,of Ca'lifomia grnnt funds , ceftify t al. the person is not lhe target of ariy econom ic san cliori s against Ru ssia and Russian entities and individuals ..

The contracto r hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, fhat a), lhe contractor is nol. a target of ariy econom ic &anctions aga:irisl RIUssiari and IRuss_;an entifies an d iridividuals as discussed in Execu tive Order N-6-22 and b) Ille pe.sori signing below is duly aulhorized to legally bind l!he Co11lracto r _ lih is certificaliori is made Llflder the laws of the State of carrfomia..

Signature : ~
Printed Name: Adam CamJX!S
Ov-mer Ti le: .. _________________ _
Date: 8125/2'4
------------------

Exhibit “D”

FEDERAL AVIATION ADMINISTRATION
F

EDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48

*Solicitation Clause also
Updated 2.8.2023
Item 1O - Page 24

FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1O - Page 25

FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.

Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.

Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENTS -

1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: [N/A]
Goals for female participation in each trade: [N/A]
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially Item 1O - Page 26

uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

R
eference: 41 CFR Part 60-4

Item 1O - Page 27

FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1O - Page 28

FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non- ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 1O - Page 29

FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item 1O - Page 30

FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100- 259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English P
roficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take Item 1O - Page 31

reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. C
ancelling, terminating, or suspending a contract, in whole or in part.

Item 1O - Page 32

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1O - Page 33

FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251

Item 1O - Page 34

FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one- half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.

Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

1. Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

Item 1O - Page 35

The Federal Aviation Administration (FAA) or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Item 1O - Page 36

FAA – 09 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or publ ic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.

Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part

3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1O - Page 37

FAA – 10 Davis Bacon Requirements

APPLICABILITY -
The Davis -Bacon Act (40 USC §§ 3141- 3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

Contract Types –
Construction – all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(
b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination Item 1O - Page 38

for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:

Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or m
echanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

Item 1O - Page 39

(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding. The Federal Aviation Administration or the City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a c
opy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to Item 1O - Page 40

include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this s
ection available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.

Item 1O - Page 41

Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less t
han the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding Item 1O - Page 42

journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.

Item 1O - Page 43

(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR §

5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
Item 1O - Page 44

FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non- procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
Item 1O - Page 45

FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation- assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non- DBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and adv
ise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required Item 1O - Page 46

in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

Reference: 49 CFR part 26
Item 1O - Page 47

FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).

REQUIREMENT -

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub- tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
Item 1O - Page 48

FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1O - Page 49

FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug -Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)

Item 1O - Page 50

FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – all professional service agreements as required above.

Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, incl uding apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or nati onal origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such Item 1O - Page 51

employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or wor kers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

D
epartment of Labor, or any person to whom the Director delegates authority; Item 1O - Page 52

c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The
Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

Item 1O - Page 53

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to eac h construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. D
evelop on- the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Item 1O - Page 54