Agenda packet — Palm Springs City Council, January 9, 2025 (part 3 of 8)

Revised: 2.9.22

AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT A8761 FOR HOUSING CONSULTANT SERVICES

BETWEEN THE CITY PALM SPRINGS AND LESAR DEVELOPMENT

CONSULTANTS

1. Parties and Date.

This Amendment No. 3 to the Professional Services Agreement for Housing Consultant Services is made and entered into as of this 9th day of January 2025, by and between the City of Palm Springs (“City”) and LeSar Development Consultants , a California Corporation with its principal place of business at 404 Euclid Ave. Suite 212, San Diego, CA . City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Professional Services Agreement for Housing Consultant Services ” dated April 20, 2021 (“Agreement” or “Contract” ) for the purpose of retaining the services of consultant to provide housing consultant services for a wide variety of programs and projects for affordable housing and homeless services programs with a contract value of up to $110,000 annually, and a term of one year with three one-year options.

2.2 Change Order to the Purchase Order . The City and Consultant desire to increase the Agreement by $75,000 under the City Managers Authority on April 5, 2022, due to increases in Navigation Center and homelessness services before the end of first year of the agreement, for a not to exceed amount of $185,000.

2.3 Letter Agreement . The City and Consultant desire to exercise the first option to extend the term for one year as formally completed via a letter agreement dated April 5, 2022 with no contract value change at this time. Term: April 20, 2021 through April 19, 2023 and not to exceed amount of $185,000.

2.4 Change Order to the Purchase Order . The City and Consultant desire to amend the Agreement via City Council approval on April 7, 2022, to increase the contract to $255,000 annually, with a not to exceed amount of $440,000.

2.5 Amendment No.1. The City and Consultant amended the Agreement to reflect the second exercised option to extend the term for one year to April 19, 2024 for an additional $255,000, bringing the not to exceed amount to $695,000. The Parties have heretofore entered into that Amendment No. 1 dated April 26, 2023.

2.6 Amendment No. 2. T he City and Consultant amended the Agreement to reflect the third exercised option to extend the term for one year to April 19, 2025 for an additional $255,000, bringing the not to exceed amount to $950,000. The Parties have heretofore entered into that Amendment No. 2 dated March 7, 2024.

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ATTACHMENT A

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Revised: 2.9.22

2.7 Amendment No. 3 . The City and Consultant desire to amend the Agreement , pursuant to procurement code § 7.05.030 special expertise exemption, to extend the agreement one year, modify the scope to make the work specific to Encampment Resolution Funds and Affordable Housing Project, and add additional compensation in the amount of $657,059.

2.8 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 COMPENSATION. Section 2.1 Maximum annual contract amount of $ 657,059, for a not to exceed amount of $1,607,059.

“Exhibit A, modifies the scope to make it specific to Encampment Resolution Funds and Affordable Housing Project, attached hereto and incorporated herein by reference.”

3.2 TERM. Section 3.4 of the Agreement is hereby amended as follows: Extends the term for three additional years ending April 19, 2028.

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]
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ATTACHMENT A

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Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND LESAR DEVELOPMENT CONSULTANTS

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ____________________ Item No. ___________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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ATTACHMENT A

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Revised: 2.9.22

EXHIBIT A

REVISED SCOPE PER AMENDMENT 3

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ATTACHMENT B
LeSar
Development
Consultants

CITY INITIATIVES SUPPORT
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1 Background
LeSar Development Consultants has been recently working closely with the City of Palm Springs (the “City”) to support two key City initiatives. The first was to develop its proposed Encampment Resolution Fund (ERF) strategy and subsequent proposal in response to the State of California’s ERF Notice of Funding Opportunity (NOFO). Secondly, LeSar is supporting the entitlement and development of a City- owned parcel for much-needed affordable housing, including environmental clearance and developer selection via a request for proposals (RFP) process.

This document describes these scopes of work for both as well as past successes to facilitate the City’s procurement of services. This collective work will be conducted from January 2025 to end December 2027 (3 years). Please see each SOW for their individualized timelines.

Encampment Resolution Fund (ERF) Outreach and Services
Coordination
We are pleased that the City of Palm Springs’ ERF proposal was successful, and the City now has been granted substantial resources by the State of California to better address the complex needs of those experiencing unsheltered homelessness in the City.

The City’s submitted scope of work to the State of California included LeSar Development Consultants as the City’s outreach and services coordination entity. As encampment resolution requires strong and strategic coordination across dozens of entities and because the grant requires swift and lasting results in accordance with the State’s requirements, it is critical that the City has a strong coordination infrastructure that is well-versed in the ERF’s program requirements and best practices. LeSar Development Consultants (LDC) has significant encampment resolution and outreach coordination expertise, making it uniquely qualified to lead Palm Springs’ ERF outreach and services coordination work.

LeSar’s work would include facilitating the creation of Palm Spring’s outreach strategy, creation of its by- name list of people experiencing homelessness that will be prioritized for move-ins, coordinating case conferencing between outreach and other services providers to ensure that those slated to move indoors have the resources they need, and to trouble-shoot the strategy, service provision and unmet needs. They would provide onsite support on key move-in days and weekly coordination support. Please find below its proposed scope of work for this component. For more information on the overall strategy and approach as approved by the State of California, please see the City’s ERF application.

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2 ERF Outreach and Services Coordination (2 years, Jan 2025-Dec 31, 2026) Timeframe Proposed Scope of Work Proposed Hours Proposed Budget Months 1-3
Task 1. Project Planning/Project Management
Jan-Mar 2025

1.1 General Coordination
Address various coordination needs, such
as meetings with the County, City
Manager, HCD, service providers, motels,
PSH providers, etc. Establish command
structures, routine meeting cadence, and
reporting
180 $42,120

1.2 Outreach Coordination
Develop and train on processes and
procedures, best practices, encampment
location, creation of By-Name-List (BNL),
etc. Identify and uplift needs for success
operations. Provide progress on BNL
outreach efforts. Troubleshoot issues
that arise and provide solution guidance
with appropriate entities.

1.3 Project Team Calls
Meetings specifically held for PS/LDC
project team for overall coordination and
approach, planning and implementation,
etc.

Task 2. On-Call Support and Coordination
Jan-Mar 2025

2.1 Ongoing Support
LDC will be available to support and/or
coordinate with all key participants, hold
additional ad hoc meetings, etc.
108 $25,272
Task 3. In-Person Field Days
Jan-Mar 2025

3.1 In-Person Move-Ins
LDC will be onsite to coordinate on key
move-in days with outreach, motels,
service providers, and additional project
staff.
120 $28,080
Months 1-3 Subtotal 408 $95,472
Months 4-12
Task 1. Project Planning/Project Management
Apr-Dec 2025

1.4 General Coordination
Address various coordination needs, such
as meetings with the County, City
Manager, HCD, service providers, motels,
PSH providers, etc. Establish command
structures, routine meeting cadence, and
reporting
288 $67,392

1.5 Project Team Calls
Meetings specifically held for PS/LDC
project team for overall coordination and
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3 ERF Community-Based Organization Contracting, Technical Assistance and Reporting Support
As ERF awards require swift ramp up of services including startup within 30 days of executing the contract and rapid fiscal spend down of funds, it will be important for the City of Palm Springs to mobilize key components of this work as soon as possible. This will require contracting with a strong community-based organization (CBO) who are experts in street outreach, case management, and housing navigation for people experiencing homelessness. Once a contract is signed, it will be critical that they are paid swiftly in accordance with their contract, supported with their reporting requirements, and provided technical assistance to ensure their work meets contractual requirements and aligns with best practices. LDC and its sister firm LeSar Support Solutions (LSS) both have significant experience providing entities like the City of Palm Springs with contracting support for subcontracting entities. For example, LDC and LSS have partnered with a large managed care organization for many years to be the contracting entity for smaller CBOs who would not be able to navigate MCOs contractual requirements.

Most recently, it entered into contracts with seven CBOs across five states on behalf of the MCO and provided them programmatic onboarding, prompt payments, flex fund administration, and weekly ERF Outreach and Services Coordination (2 years, Jan 2025-Dec 31, 2026) Timeframe Proposed Scope of Work Proposed Hours Proposed Budget approach, planning and implementation,
etc.

Task 2. On-Call Support and Coordination
Apr-Dec 2025

2.2 Ongoing Support
LDC will be available to support and/or
coordinate with all key participants, hold
additional ad hoc meetings, etc.
252 $58,968
Months 4-12 Subtotal 540 $126,360
Months 13-24
Task 1. Project Planning/Project Management
Jan 2025-Dec
2026

1.6 Project Team Calls
Meetings specifically held for PS/LDC
project team for overall coordination and
approach, planning and implementation,
etc.
208 $48,672
Task 2. On-Call Support and Coordination
Jan 2025-Dec
2026

2.3 Ongoing Support
LDC will be available to support and/or
coordinate with all key participants, hold
additional ad hoc meetings, etc.
104 $24,336
Months 13-24 Subtotal 312 $73,008
Total Proposed Hours: 1260
Project Total: $294,840
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4 technical assistance. Under this model, LeSar leveraged its robust infrastructure, assumed the risk on behalf of the CBO, and ensured that all subrecipients were successful in their outcomes. Please see below the proposed SOW for this component of work.

CBO Contracting, TA, and Reporting Support (3 years, Jan 2025-Dec 31, 2027) Timeframe Proposed Scope of Work Proposed Hours Proposed Budget Task 1. Contract Drafting and Execution
Jan 2025
Develop draft contract, work with CBO to
establish mutually agreeable terms, and
execute contract in line with HCD
requirements
10 $10,000
Task 2. Contract Administration
Jan 2025-Dec
2027
Administer the contract with CBO for the
duration of the award (3 years). This includes
providing payments, tracking expenditures,
and ensuring successful performance against
contract obligations.
240 $60,000
Task 3. ERF and Other Contractual Reporting
Jan 2025-Dec
2027
Support CBO with reporting requirements
and ensure City of Palm Springs has timely,
accurate data from the CBO for HCD
submission.
240 $60,000
Task 4. Technical Advisory
Jan 2025-Dec
2027
Support CBO with their contracted scope of
work. This includes identifying areas of
improvement and potential solutions to
ensure they are meeting their requirements
and have the tools to do so.
144 $36,000
Total Proposed Hours: 634
Project Total: $166,00

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5 Gene Autry & Mission Drive (“Airport Site”) Entitlements and Developer Solicitation
The City of Palm Springs (“City”) is seeking to facilitate the development of additional affordable housing on two adjacent parcels of City-owned land by addressing and reducing the entitlement obstacles and risks which presently hinder development at this location.

Further, the proposed Scope of Work below includes subsequently modifying and reissuing a past solicitation for housing at this site, ultimately paving the way for advancing the City’s broader objectives of providing more affordable and/or permanent supportive housing.

In 2021, the City conducted a Request for Proposals (RFP) solicitation for the disposition and development of two, vacant parcels totaling 5.65 acres of City-owned land at the Northeast corner of Gene Autry Trail and Mission Drive, close to the Palm Springs International Airport (the “Site”). Proposals from interested parties did not meet expectations, and none were selected.

LeSar’s scope of work listed below is designed to strategically pave the way for the development of financially feasible affordable housing on the Site. To do so, LeSar will work with the City to achieve the following two objectives which are to be accomplished in parallel:
1) Obtain the general plan amendment and Change of Zone necessary for an envisioned affordable housing project (as explained in Exhibit 2).
2) Support the City in each of the phases of the entitlements strategy (as applicable, and as explained in Exhibit 3), including a new RFP for disposition and development.

The following table presents a summary of the workplan and budget, which is detailed on the subsequent page within the table labeled “Gene Autry Site (without subs)”.

Budget Snapshot
Using Remaining LeSar Contract Other Funding Required Total LeSar $33,662 $48,118 $81,780
VMWP (Architect) - $30,100 $30,100
RECON (CEQA Initial Study) - $62,495 $62,495
Site Photographs, Mailing Labels, etc. - $12,500 $12,500 Contingency (5%) $1,683 $7,661 $9,344
Total $35,345 $160,874 $196,219

Note: the $35,345 amount included for LeSar using remaining contract funds includes funds for Task 4.1 Update RFP (described in the table below). This task has already been completed and was submitted to the City via email on December 2nd, 2024.

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6 1 Note: this assumes General Plan Amendment is handled independently by the City in January of 2025, as indicated by the City. 2 Note: at the City’s request and to reduce the overall budget, a few select tasks have been assigned to City staff to complete; namely:
preparing notice of public hearing, publishing notice in newspaper and public location, mailing labels, and on-site posting. The hours for this work are not reflected in the Gene Autry Site table for Task 3.2.

Gene Autry Site (Jan 2025-Dec 31, 2025)
Timeframe Scope Proposed Hours Proposed Budget
Task 0: Project Management
Nov 2024-
Dec 2025

0.1 Project Management
Overall project management, internal and client
meetings

Outcomes: Superior team cohesion & coordination with
client
152 $38,670
Task 1: Capacity Study
Feb-April
2025

1.1 Concept Plans
Two concept plans which maximize the number of
units while a) staying within ALUC requirements, b)
satisfying tax credit requirements, and c) assume high
density residential zoning requirement

Outcomes:
a) Determination of the maximum density on the site
b) Visual representation of the potential future
housing project
155 $31,200
Task 2: Pro Forma Financial Model
Feb-April
2025

2.1 Financial Feasibility Plan
Using the design from Phase 1 (described in Exhibit
3), a) confirm and maximize financial feasibility, b)
early identification and quantification of critical
success factors such as gap financing and Section 8
vouchers

Outcome: Confirmation that the envisioned project is
financially feasible, prior to the expenditure of further city funds for entitling the site
10 $3,110
Task 3: Complete All Tasks Necessary to Achieve the Change of Zone1 Feb-Dec
2025

3.1 Environmental Assessment
Environmental Assessment, including Project
Description
345 $68,470
Feb-Dec
2025

3.2 Change of Zone Application2
Complete the Change of Zone application form,
including the following necessary components and
related measures:

3.2.a. Residential Project data as per the Capacity
Study (See
81 $31,075
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7 LeSar has completed three research tasks prior to proceeding with the Scope of Work above because the factors below will have a very significant influence on the type and viability of an affordable housing project at this site.

3 Note: if number of recipients is greater than 1,000, code allows for newspaper ad in lieu. List must be generated from public title company.

Gene Autry Site (Jan 2025-Dec 31, 2025)
Timeframe Scope Proposed Hours Proposed Budget
Phase 1 in Exhibit 3)

3.2.b. Complete required
Narratives

3.2.c. Environmental Assessment
(as noted above)

3.2.d. Site Photographs & Plans

3.2.e. Justification Letter (LeSar to draft; City to sign), including addressing the Zoning Ordinance
Criteria for Granting a Change of Zone per
Code section 94.07.00

3.2.f. Satisfying Public Hearing Requirements per
Planning Code Section 94.09.00

3.2.f.i. Prepare notice

3.2.f.ii. Publish in newspaper of
general circulation

3.2.f.iii. Post in public location (City staff to do)

3.2.f.iv. Create & submit mailing labels per
requirements in Section E.23

3.2.f.v. On-site Posting,
Neighborhood Organization
Notification, and additional,
related steps

3.2.f.vi. Prepare slides & hold the meeting itself

Outcome: Completed, thorough and accurate application
for submission, including all required components above Task 4: Support a Revised RFP Solicitation Process
Nov-Dec
2024

4.1 Update RFP
Perform revisions and improvements to the 2021 RFP
and support the solicitation process more broadly for
revised version of the 2021 RFP

Outcomes: Improved RFP document, broader awareness,
clearer process, and better outcomes
50 $14,350
Project Subtotal: $186,875
Contingency (5%): $9,343
Project T otal: $196,219
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8 Because obtaining an allocation of Low-Income Housing Tax Credits (LIHTCs) from the California Tax Credit Allocation Committee (TCAC) is likely essential and often very competitive (meaning, the demand for LIHTCs historically well exceeds supply), it is prudent to first research the factors which determine potential project’s competitiveness.

The site is well positioned for an allocation of LIHTCs for the following two reasons:

1. TCAC Site Amenity Score
a. The TCAC Site Amenity Score measures the project’s location to nearby amenities such as grocery stores, libraries, pharmacies and so forth.
b. LeSar anticipates that a LIHTC-funded affordable housing project at this location would score 10 out of 10 for TCAC Site Amenities.

2. High Resource Area
a. The site is located in a TCAC High Resource Area. Per the TCAC regulations, this means that projects which fit one of two “Housing Types” will score highest when competing for a scarce allocation.
b. The two Housing Types are: a) Special Needs, which is programmed to provide housing for people experiencing homelessness or at risk of homelessness, and b) Large Family, which are affordable housing projects that have unit sizes (e.g., two- and three- bedroom) and on-site amenities (e.g., day care) which caters to families.

The third research task LeSar completed was an evaluation of ministerial approval pathways for the Site.

LeSar identified the following:
• California Assembly Bill 2011 (AB 2011) and California Senate Bill 6 (SB 6) are two laws which enable housing to be approved ministerially on certain non-residential sites. • It is notable that both laws passed after the release of the original 2021 RFP . • To potentially reduce the Scope of Work and budget, LeSar researched the potential applicability of these laws to the Site in the hopes of establishing that:
o the development of the site could be exempt,
o housing on the Site could be approved ministerially, or o both above.
• Unfortunately, the Site does not qualify for either AB 2011 or SB 6 relief because the Site is adjoined to a site where more than one-third is dedicated to industrial uses. • See Exhibit 1 for further information.

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9 LDC’s Experience with the City of Palm Springs
LDC has worked closely with the City of Palm Springs on a number of initiatives since 2021. This work is detailed below.

Monthly Homeless Service Provider Meetings
At the request of the City, LDC planned and facilitated monthly Homeless Service Provider meetings throughout 2022 to enhance regional collaboration and ensure on-the-ground alignment in homeless service delivery.

Homekey 2: Successful Funding Application & Ongoing Homekey Program Management
As part of LDC’s housing and homelessness services consulting contract with the City of Palm Springs, LDC supported the submission of the City’s Homekey 2 application to the California Department of Housing and Community Development in January 2022. This proposal focused on the development of a Homeless Navigation Center in the City of Palm Springs that provides housing navigation, interim housing, and supportive services to the Western Coachella Valley.

The 80-unit Navigation Center has been successfully constructed and is on track to be occupied before the end of 2024. Since the funding award, LDC has collaborated closely with the City of Palm Springs to navigate the requirements of the Homekey program, managing reporting and compliance efforts on the City’s behalf. LDC remains dedicated to ongoing Homekey Program Management, ensuring continued adherence to programmatic requirements and timely reporting.

Homekey 2: Community Engagement & Resident Advisory Working Group After successful submission and award of the Homekey 2 application, LDC designed and implemented an outreach and community engagement plan, including the creation of a Resident Advisory Working Group made up of community members from the surrounding neighborhoods. This Resident Advisory Working Group held regular meetings and served as a feedback loop to ensure community input was collected at all stages of the Navigation Center process, with members weighing in on design, services, security, etc.

LDC also assisted in the scheduling and facilitation of site visits for the Resident Advisory Working Group as progress was made on the project.

Additional Navigation Center Support
Outside of the Resident Advisory Working Group, LDC assisted in the maintenance and upkeep of the Navigation Center webpage and updates, drafted and updated Frequently Asked Questions, assisted with Item 1M - Page 19

10 City Council updates, held and facilitated Community meetings, conducted and analyzed surveys for a variety of stakeholders, and conducted a Needs Assessment and Gaps Analysis on behalf of the city.

Through attendance and participation in monthly Homekey Navigation Center meetings, LDC has developed relationships with key stakeholders across the continuum.

Vista Sunrise II, Aloe Palm Canyon, and Monarch Apartment LeSar’s Finance and Development Unit – part of the Housing Team – supported the City’s housing department in the funding and closing of three loans for three outstanding, new-construction affordable housing projects. This scope included: attending closing calls, creating a checklist of necessary items per City’s legal documents, maintaining the checklist & ensuring all items are approved, working closely with City counsel, and advising City leadership when issues arose that were significant obstacles to successful project completion.

Indeed, LDC has been deeply engaged with Palm Springs’ homelessness response system and housing objectives in a variety of capacities and is uniquely poised to serve as the coordinator in the upcoming Encampment Resolution Funds program and Airport Site entitlements.

Additional Relevant Experience
Homelessness
Since 2012, LDC’s Principal Colleen Murphy has led in the creation and implementation of coordinated systems to better address unsheltered homelessness, helping to resolve unsheltered homelessness for thousands of people living on the streets. Prior to joining LDC, Colleen was the coordinated outreach strategy co-lead for Los Angeles County, establishing the country’s first playbook for encampment resolutions 5404 - Best Practices For Addressing Street Encampments. She also led in the creation of the nation’s first County-wide outreach portal were stakeholders can request outreach to be deployed to people in need on the streets (New LA County website streamlines requesting help for the homeless – Daily News).

Her work set the foundation for both the City and County of Los Angeles’ current successful encampment resolution programs (Pathway Home and Inside Safe). She initiated the largest care coordination network for outreach workers, creating safe spaces for the federation of outreach teams to discuss their most complex needs and potential solutions. These spaces were also used to launch new resources, creation of outreach strategies in advance of new interim housing openings, and to coordinate during crisis like COVID, wildfires, and inclement weather. She also supported the proposal for LA’s first ERF proposal for one of the first round of ERF funding, leading to almost $15 million for women living on the streets in Skid Row.

Some of the work she has designed and led include:

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11 • Encampment to Home (E2H): Bringing 150 people directly from the streets into permanent housing
• MacArthur Park
• Wildfire encampment work
LDC is also currently working with the County of Los Angeles to support their encampment work by documenting and augmenting its encampment response standard operating procedures.

Housing
LDC has deep expertise in affordable housing, real estate development feasibility, and brings comprehensive experience in the development process making LDC an ideal partner for the Gene Autry & Mission Drive project.

LDC has worked with a variety of clients to identify, analyze, and recommend public and private land for development. LDC has also managed RFI, RFQ, and RFP development, program management, and application evaluations for a wide variety of housing related programs. As part of this work, our firm meets with clients to clarify program goals and funding requirements in order to create the most effective proposal process to meet each client’s needs. The team is able to support marketing and outreach of these programs. And finally, our team has capacity and in-depth experience in evaluation proposals especially development proposals that require a high level of due diligence and review of development proforma.

The firm has and is currently working on small and region-wide efforts to provide development analysis.

Some of these projects include:
• State of California Excess Sites Program: LDC is the consultant to the State on implementation of the Governor’s executive order to convert excess State property into affordable housing. This represents the direct translation of an innovative housing strategy into practice through housing development and production. LDC has lead work in developing and implementing all aspects of the program, including identifying goals and outcomes, large-scale site and data analysis to assess thousands of sites, detailed site analysis, solicitation and selection of development entities, negotiation of site control, and predevelopment and development activities. The resulting portfolio is comprised of an incredible diversity of sites and development types and currently includes over 20 active developments.

• LA Metro Housing Lab: LDC has worked with LA Metro, LA County’s transit agency, on a range of development and implementation scopes for more than 5 years. LDC helped LA Metro and its investors implement and deploy millions of dollars of capital through the innovative Metro MATCH revolving loan fund by establishing program structure and evaluating lending opportunities. LDC has also served as a housing advisor to LA Metro’s joint development unit to assist in evaluating complex mixed-use, mixed-income real estate developments on agency property and in proximity to transit facilities. Most recently, the firm has been leading work with Item 1M - Page 21

12 the agency to develop innovative housing strategies to address homelessness, including using agency land for interim housing and furthering community land trust models. All these scopes have directly impacted the development and finance of housing.

• San Diego Community College District (SDCCD): LDC is a development consultant to the District, collaborating on a plan to use underutilized property for affordable housing development. This includes an assessment of all ten SDCCD campuses, an analysis of the student and staff populations, recommendations on priority sites, and financial feasibility studies on selected priority sites. LDC is developing strategies to build several thousand units of housing to serve three populations: students, faculty and staff, and young adults at risk of homelessness. LDC is also assisting with creating and implementing a developer selection process for a large student housing project already in predevelopment.

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13 Exhibits
Exhibit 1. Ministerial Approval Pathways for Affordable Housing on Gene Autry Airport Site
The City of Palm Springs intends to dispose of two adjoining parcels on Gene Autry Trail, east of the Palm Springs International Airport, for a 100% affordable housing development. The sites are located in a M-1- P zone (Planned Research and Development Park), a category that does not allow housing entitlements “by-right”, and as such requires a rezoning to allow multifamily affordable housing.

This document outlines ministerial pathways to use the site for affordable housing created through recent state laws, thus avoiding the need for a rezoning.

While the site meets many requirements for the ministerial approval of a 100% affordable housing development, this site appears to fail one critical requirement which is necessary to qualify for streamlined entitlements under two recently passed bills. Namely, the laws require eligible sites to not be on or adjoin a site where more than one-third “dedicated to industrial uses.” The site fails this requirement because its General Plan designation, and that of some adjacent sites, is industrial.

The Gene Autry Airport Site is composed of two adjoining City-owned parcels along Gene Autry Trail. The parcels are currently vacant, flat sites that border the Palm Springs International Airport to the west, Mission Dr. and a privately-owned vacant site to the south, and District Center Dr. and the Palm Springs Unified School District Administrative Center to the north. To the east of the site, across San Joaquin Dr. is jurisdiction of Cathedral City, where there are currently one-story, single-unit homes.

Site Information by APN 677-540-028 677 -540-036
Location Southeast corner of Gene Autry
Trail and District Center Drive
Northeast corner of Gene Autry
Trail and Mission Drive
Acres 1.35 4.30
Zoning M-1-P M-1-P
General Plan Designation Industrial Industrial

Ministerial Approval Pathways
The California State Legislation in 2022 created two laws that enable housing to be approved ministerially on certain non-residential sites:
• AB 2011: Creates a ministerial approval process and exemption from the California Environmental Quality Act (CEQA) for 100% affordable housing and mixed-income housing where “office, retail, and parking are a principally permitted use,” defined in statute. • SB 6: Enables proposed affordable housing projects on certain non-residential sites to invoke SB 35 streamlining but is not CEQA exempt.

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14 Because of the CEQA exemption, the AB 2011 pathway is more useful for this project. Both laws, however, have a site requirement that this site appears to fail, as described below.

AB 2011 Approval Pathway
• AB 2011 applies to 100% affordable projects on a site of any sites where “office, retail, and parking are a principally permitted use,” which is later defined as a use “that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.” (State Government Code 65912.101(n) and 65912.111). ✓ The Gene Autry Airport Site meets this condition, as office, retail and parking are all permitted in zone M-1-P and meet the definition of “principally permitted.” (City Zoning Code § 92.16.00, items 1.d. and 3, for example.
• The project must propose a multifamily housing development project. ✓ The proposed development would meet this definition.
• The site must be within an urbanized area or urban cluster (now designated “urban areas” by the US Census Bureau)
✓ The site meets this definition.
• At least 75 percent of the site adjoins parcels developed with urban uses. ✓ The site meets this definition.
• Site cannot be located on a site governed by the Mobilehome Residency Law, the Recreational Vehicle Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. ✓ Because the site is vacant, it complies with this requirement. • Housing cannot be located within 500 feet of a freeway. ✓ The site meets this definition.
• Housing cannot be within 3,200 feet of an oil or natural gas extraction or refinery. ✓ The site meets this definition.
• Site is not on or adjoined to a site where more than one-third dedicated to industrial uses. ▪ The site may fail to meet this criterion. According to the General Plan Land Use Map (Figure 22), the site itself and the neighboring parcels to its north and west are designated as industrial, which meet the statute’s definition of “dedicated to industrial uses.” "Dedicated to industrial use" means any of the following: (A) square footage is currently being used as industrial use; (B) more recently permitted use of the square footage is an industrial use; or (C) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022. (Government Code 65912.111(d)(3)).
✓ Site satisfies SB 35 environmental criteria found in Gov. Code Section 65913.4(a)(6)(B)- (K).
▪ Further research necessary.
• For sites within a neighborhood plan area, there is either:
▪ (As of January 1, 2022) An applicable neighborhood plan that permits multifamily housing development on the site; OR,
Item 1M - Page 24

15 ▪ (As of January 1, 2024) An applicable neighborhood plan that permits multifamily housing on the site, the notice of preparation for the neighborhood plan was issued before January 1, 2022, the neighborhood plan was adopted between January 1, 2022 and January 1, 2024, and the environmental review for the neighborhood plan was completed before January 1, 2024.
▪ Further research necessary.
• Where the site is vacant, the site satisfies both of the following:
✓ It does not contain any tribal resources that could be affected by the development, and the effects of which cannot be mitigated pursuant to Public Resources Code Section 21080.3.2.
✓ It is not located in a very high fire severity zone.
✓ We do not know whether the site contains any tribal resources that could be affected by the development but can confirm the site is not in a very high fire severity zone. • Development proponent has completed a Phase I environmental assessment and mitigated any health hazards to a level of insignificance.
▪ A project has not been proposed, so a Phase I assessment has not been completed.

This should be noted as a requirement for a developer .

SB 6 Approval Pathway
SB 6 has a simpler set of site requirements but includes the same requirement as AB 2011 that the project not be on or adjacent to a site where more than one-third dedicated to industrial uses. As noted above, the site appears to fail this requirement.

Item 1M - Page 25

16 Exhibit 2. Gene Autry Site Considerations
There are four critical factors regarding the Site as these limit both the development potential of the site for housing and the potential interest on the part of potential developers:

1. Airport Influence Area is Applicable
a. The site is located within the Airport Influence Area of the Riverside County Airport Land Use Compatibility Plan, which sets criteria for land uses that surround the airport. b. Therefore, the site is partially located in a zone that restricts density, including density for residential uses.

2. General Plan Amendment Required
a. The City staff presently intend to seek City Council approval for a General Plan Amendment for several sites including this Site in January 2025. b. This will set the table for the Change of Zone necessary; see immediately below.

3. Zoning must be Changed
a. The City would like for the site to provide affordable and permanent supportive housing and related services for low-income residents.
b. However, the Site is currently zoned M-1-P (Planned Research and Development Park). c. Therefore, a housing project of this type will require a Change of Zone Application.

4. Major Architectural Application Required
a. This application will also be required but is intentionally excluded from LeSar’s scope.

Please see further below, under Exhibit 3: Gene Autry Entitlements Strategy.

Item 1M - Page 26

17 Exhibit 3. Gene Autry Entitlements Strategy
In consideration of all the factors listed above, LeSar recommends the following strategy of obtaining site entitlement which will significantly reduce development risk and therefore pave the way for greater developer interest.

Phase 1. Capacity Study: LeSar will subcontract with an architect to determine the maximum number of units possible on the site, given the constraints of TCAC requirements, airport influence area, site dimensions, and revised zoning. The capacity study is also required for the environmental assessment that is needed for the Change of Zone application.

Phase 2. Pro Forma Financial Model: using the design from Phase 1, a) confirm and maximize financial feasibility, b) conduct an early identification and quantification of critical success factors such as gap financing and Section 8 vouchers. This also mitigates the risk of further expenditure by the City for a project which ultimately may not be financially viable.

Phase 3. This phase has two tasks:

Task 1. Environmental Assessment: LeSar will subcontract with an environmental consulting firm to complete the environmental assessment necessary for the Change of Zone Application.

Task 2. Remaining Tasks: complete all tasks necessary to achieve the Change of Zone approval, which includes narratives, site photographs, and a public hearing.

Phase 4. Airport Land Use Commission: LeSar will support the City in obtaining approval from the Riverside County Airport Land Use Commission if such approval is necessary. LeSar currently anticipates that such approval will not be necessary, and therefore the budget for this line item currently shows $0.00.

Phase 5. Revised RFP: LeSar will support the City in the issuance of an updated RFP . LeSar will draft an updated RFP for the City’s review, editing, and approval. Per City requirements, the City’s procurement department will manage subsequent tasks of the RFP process (i.e., disseminating the RFP , collecting responses, scoring, and selection).

Of Note: Major Architectural Application is excluded in the proposed Scope of Work.

A Major Architectural Application (MAA) is a necessary step in the City’s entitlements process. LeSar is recommending that the developer that is selected by the revised RFP process be responsible for MAA checklist item completion and application approval:
a) The Major Architectural Application requires several items (e.g., materials board, landscape plan, grading plan) which would pertain to a specific project. a. Because a specific project is not envisioned at this point, many of these items would not be available or applicable.

Item 1M - Page 27

18 b. The eventual developer of housing at this site will want to determine the design of the eventual project based upon their experience, programmatic goals, and advice from their architect. Therefore, it is prudent to not limit the developer’s options at this point. b) The Major Architectural Application requires studies and reports (e.g., traffic study and hydrology study) which come at a greater expense and are not applicable until a housing project is more fully designed. LeSar expects this design to be performed by an architect associated with a developer that is selected via a future RFP process. See Scope of Work, below.

Item 1M - Page 28

CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF ONE VELOCITY TRIPLE

COMBINATION PUMPER TRUCK IN AN AMOUNT NOT TO EXCEED
$1,221,692.18.

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

This action will approve the purchase of one velocity triple combination pumper truck in an amount not to exceed $1,221,692.18, through the national H-GAC cooperative purchase agreement.

RECOMMENDATION:

1. Approve Purchase of one velocity triple combination pumper ( Attachment A) in an amount not to exceed $1,221,692.18, inclusive of 10% ($111,062.93) contingency;

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

BUSINESS PRINCIPAL DISCLOSURE:

South Coast Fire Equipment is a California Corporation as indicated on the Public Integrity Disclosure form (Attachment B).

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 ( Attachment C ), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. However, in past years during the economic recession, the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis which created a backlog of vehicles requiring replacement. In recent years, the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

Item 1N - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Authorize Purchase of a Fire Engine
As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitors the ongoing operational and maintenance cost of its older vehicles and has identified Unit 224 requires replacement, given the extended build time for new fire apparatus now exceeding four years. Unit 224 will be moved from frontline use to a reserve unit.

This addition will provide the Fire Department with four frontline use engines and four reserve unit engines, not including the Aircraft Rescue and Fire Fighting (ARFF) units that deploy from Fire Station No. 2.

STAFF ANALYSIS:

Staff has initiated this purchase through H-GAC’s national cooperative purchasing program, Siddons Martin Emergency Group, LLC, and their authorized dealer South Coast Fire Equipment awarded contract #FS12-23 for the procurement of fire service apparatuses and equipment. This cooperative contract includes provisions that allow the awarded vendor to extend the same contract pricing to other public agencies. As such, pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize procurement of vehicles and equipment under this pricing afforded through this cooperative contract. H-GAC provides the most competitive price for this type of vehicle.

This requested action includes the purchase of one new Velocity Triple Combination Pumper fire engine. The equipment to be acquired in this action is a traditional diesel- powered vehicle that meets California Air Resources Board standards (the manufacturer does not offer a hybrid engine option) and was selected for their specific performance, and operational requirements.

Staff has identified Unit 224 meets replacement criteria, given the extended 4 to 5-year build time for new fire engines:

The replacement truck is as follows:

Replacement Make/Model Cost
(1) Velocity Triple Combination Pumper $1,174,979.00
Sales Tax $108,685.56
Subtotal $1,283,664.56
CA Tire Fee/HGAC Fee $2,010.50
Subtotal $1,285,675.06
Discount for Pre-payment ($175,045.81)
Existing Unit # Year Make/Model Mileage
224 2021 Pierce Quantum Pumper 38,658
Item 1N - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Authorize Purchase of a Fire Engine
Subtotal $1,110,629.25
10% Contingency $111,062.93
Total Estimated Cost $1,221,692.18
Staff recommends approval of this purchase through South Coast Fire Equipment, in the amount of $1,221,692.18 for one velocity triple combination pumper truck.

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2024-25 in account 5106560-60020.

REVIEWED BY:

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

A. Quote
B. Public Integrity Disclosure
C. Resolution 1883
Item 1N - Page 3

ATTACHMENT A
Item 1N - Page 4
Extension
(1)
1,174,979.00$
Sales Tax @ 9.250% 108,685.56$
1,283,664.56$
Performance Bond -$
California Tire Fee 10.50$
Consortium Fee HGAC Fee 2,000.00$
1,285,675.06$
The above proposal price shall be valid until or extended in writing by South Coast Fire Equipment.

Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, inability to obtain labor, supplies or manufacturing facilities, epidemics, acts of God, or causes beyond our control not preventing, delivery would be 48-50 months after receipt of this order and acceptance thereof at our office in Corona, California, and deliver to you at The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect If the customer so desires to purchase the Product described in the Proposal and the attached specifications, prior to the expiration date listed above, the Customer shall sign and return this proposal. The Customer can then provide their choice of document for entering into the agreement by providing a Purchase Order, or signing a Contract with South Coast Fire Equipment, 3150 Palisades Dr. Corona, CA 82878 as the seller.

Palm Springs, CA

APPARATUS COST WITH TAX

10.50$
Not Required
1,283,664.56$
1,285,675.06$
2,000.00$
01/20/24
Payment Terms - Payment is due of the Total Purchase Price at time of delivery. Changes to the specifications since the time of order can added to the Total Purchase Price or invoiced on a separate invoice.

The final sales tax amount will be determined at time of delivery based on the tax rate at that time. A increase or decrease in cost will be reflected on the final invoice.

If the customer would desire to pay for the apparatus within 15 days of the purchase order being accepted the Total Purchase Price would be reduced to $1,110,629.25
300 N. El Cielo Road
One
. The buyer must make the payment
within 15 days to obtain the full discount. Payments not received with in the 15 days are subject to an adjustment to the Total Purchase Price for the prepayment. 1,174,979.00$
Velocity Triple Combination Pumper per
enclosed proposal for delivery sum
108,685.56$
-$

TOTAL PURCHASE PRICE

PROPOSAL FOR FURNISHING FIRE APPARATUS
for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Corona, California, Each
November 20, 2024

PALM SPRINGS FIRE DEPARTMENT
The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices:

Palm Springs, CA. 92262
Item 1N - Page 5
the cost of the construction of the apparatus.

The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from the specified date, the right is reserved to withdraw this proposition.

Respectfully Submitted,
South Coast Fire Equipment, Inc.

Sales Representative Signature:____ ________________________________ Title:_______________ Date:____________________
Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing (www.bls.gov Series ID: WPUID6112) ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order (Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evalution Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month.

I, ___________________ authorized representative of
________________________ agrees to purchase the
proposed product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.

The Seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order without charge if the updated price is not accepted.

Tim Olley
Force Majeure - South Coast Fire Equipment shall not be responsible nor deemed to be in default on accountof delays in performance due to causes which are beyond the seller's and manufacturer's control and make the seller's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or co mpleted products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorisim, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similiar to those within the scope of the clause) to perform their contracts or labor troubles causing cessation, slowdow, or interruption of work.

Item 1N - Page 6

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF 11 NEW VEHICLES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will authorize issuance of purchase orders for the purchase of new vehicles in an amount not to exceed $559,480.55.

One new replacement vehicle for Code Compliance due to a traffic collision; two new replacement vehicles for the Fire Department; one new addition for use by the Parks & Recreation Department for a position added in FY24; two new replacement vehicles for the Police Department; and five new vehicles are for use by Public Works, one replacement vehicle and four additions for previously added positions in FY23.

Funding for this action is available from the Airport Fund (Fund 416), a separate fund established solely for operations of the Airport, and the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purchase of vehicles and equipment.

RECOMMENDATION:

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 2 new Ford F-150 XL Crew Cab vehicles, 2 new Ford F-250 Crew Cab vehicles, and 2 new Ford Explorers in an amount not to exceed $321,178.66, inclusive of a 10% contingency;

2. Approve the issuance of a purchase order to Palm Springs Motors, Inc., for the purchase of five new Ford F-150 XL Super Cab vehicles in an amount not to exceed $238,301.91, inclusive of a 10% contingency;

3. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code;

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

Item 1O - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Authorization to Purchase Vehicles
BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 ( Attachment B ), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments to this report. However, in the past economic recession the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn condition and require replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

STAFF ANALYSIS:

As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitors the ongoing operational and maintenance cost of its older vehicles and has identified an inventory of vehicles that should be replaced with new vehicles given the accumulated cost of repairs in comparison to the current value of the vehicle. In certain additional cases, new vehicles are required to support additional staff.

The City’s Public Works Department solicited quotes for the purchase of vehicles and received the following quotes:

Costs listed below are on a per-vehicle basis
Vendor/Vehicle F-150 Crew F-150 Super F-250 Crew Explorer Fiesta Ford $48,510.94 $43,582.85 $55,830.33 $41,649.03 Palm Springs Motors $57,518.40 $43,327.62 $57,538.86
Fritts Ford $53,379.79 $48,606.65 $58,419.49 $43,208.61 National Auto Fleet Group $61,716.46 $45,463.85
The requested action includes the purchase of two (2) Ford F-150 Hybrid XL Crew Cabs, five (5) Ford F-150 Hybrid XL Super Cabs, two (2) F-250 Crew Cabs, and 2 Ford Explorer Hybrid vehicles. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

Staff have identified the following lists of replacement and new vehicles for the indicated departments.

Item 1O - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Authorization to Purchase Vehicles
Code Compliance:

Code Compliance has 1 existing ve hicle that was totaled due to a traffic collision that requires replacement.

Existing Unit # Year Make/Model Mileage
439 2023 Ford F-150 Super Cab 1,046
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
One (1) Ford F-150 XL Super Cab $43,327.62 $43,327.62
Contingency 10% $4,332.76
Total Estimated Cost $47,660.38
*Vehicle Year, Make and Model may change due to availability.

Fire Department:

The Fire Department has 2 existing vehicles that are 22 and 9 years old and require replacement.

Existing Unit # Year Make/Model Mileage
251 2015 Ford F-250 30,970
254 2002 Ford Expedition** 137,378
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
Two (2) Ford F-250 Super Cab 4x4 $55,830.33 $111,660.66 Contingency 10% $11,166.06
Total Estimated Cost $122,826.72
*Vehicle Year, Make and Model may change due to availability. ** This unit number was initially requested for replacement on September 14, 2023, but due to long lead times and the Fire Department’s desire to standardize their fleet it’s being updated from the requested F-150 to F-250.

Item 1O - Page 3
City Council Staff Report
January 9, 2025 -- Page 4
Authorization to Purchase Vehicles
Police Department:

The Police Department has 1 existing vehicle that is 16 years old and 1 placed out of service due to a traffic collision that requires replacement.

Existing Unit # Year Make/Model Mileage
049 2008 Ford Crown Victoria 135,710
159 2021 Ford Explorer 28,125
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
Two (2) Ford Explorer $41,649.03 $83,298.06
Contingency 10% $8,329.80
Total Estimated Cost $91,627.86
*Vehicle Year, Make and Model may change due to availability.

Public Works:

Public Works, Fleet division has 1 existing vehicle that is 12 years old and requires replacement.

Existing Unit # Year Make/Model Mileage
909 2002 Ford Winstar Minivan 70,975
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Unit Cost
One (1) Ford F-150 Super Cab $43,327.62 $43,327.62
Contingency 10% $4,332.76
Total Estimated Cost $47,660.38
*Vehicle Year, Make and Model may change due to availability.

Item 1O - Page 4
City Council Staff Report
January 9, 2025 -- Page 5
Authorization to Purchase Vehicles
Fleet Additions:

Purchase 5 new vehicles for new positions not yet assigned a vehicle.

Make/Model Quantity Cost* Assigned To
Ford F-150 XL Crew 2 x $48,510.94 $97,021.88 Public Works Ford F-150 XL Super 2 x $43,327.62 $86,665.24 Public Works Ford F-150 XL Super 1 x $43,327.62 $43,327.62 Parks & Recreation Contingency $22,700.47
Total Estimated Cost $249,705.21
*Vehicle Year, Make, and Model may change due to availability.

ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funding has been budgeted and is available in accounts 4167065-60020 and 5106560-60020.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement Specialist II: Brian Sotak-Rossman
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Resolution No. 18834
Item 1O - Page 5

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Item 1O - Page 14

CITY COUNCIL STAFF REPORT
DAT
E: JANUARY 9, 2025 CONSENT CALENDAR
SUBJ
ECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 24P 372 WITH

ADLERHORST INTERNATIONAL, LLC FOR POLICE CANINE TRAINING

SERVICES FOR APPREHENSION AND SCENT DETECTION
FR
OM: Scott C. Stiles, City Manager
BY: An
drew G. Mills, Chief of Police
SUMMARY:

Aw
ard a contract services agreement with Adlerhorst International, LLC for police canine training services for apprehension and scent detection.

RECOMMENDATION:

1. Appr
ove Contract Services Agreement No. 24P372 ( Attachment A ) with Adlerhorst International, LLC to provide police canine training services for apprehension and scent detection for a three-year term in an amount not to exceed $33,612 beginning January 13, 2025 through January 12, 2028, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Ac
cording to the Public Integrity Disclosure form ( Attachment B) submitted on October 31, 2024, Adlerhorst International, LLC is registered in the state of California.

BACKGROUND:

The P
alm Springs Police Department currently deploys a work force of 110 sworn police officers. The Police Department’s patrol canine unit currently operates with two canine teams, made up of a handler and a dog, assigned to work patrol. These two canine teams will be trained in apprehension and scent detection. The Contractor will provide specialized police canine training and police canine expertise to assist with the evaluation of the PSPD canine program on a scheduled and as-needed basis.

Item 1P - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Award Police Canine Training Services-Apprehension & Scent Detection Contract STAFF ANALYSIS:

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

One proposal was received by the deadline of October 31, 2024 as follows:
• Adl
erhorst International, LLC – Jurupa Valley, CA
Al
though only one proposal was received, the pricing was analyzed by the Police Department and compared to prices paid in the past and was found to be fair and reasonable. Adlerhorst International, LLC has provided these services to the City and has performed well. Since this is very specialized training, there are not a lot of firms that provide this training in the southern California area.

The ev
aluation team made up of City staff from the Police department evaluated the proposal received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews, and Adlerhorst International, LLC is being recommended for award of the contract.

ENV
IRONMENTAL ASSESSMENT:

The r
equested 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:

Thi
s agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

Funds
for the first year of this agreement are allocated in the PSPD contractual services account (#1005000- 40105). Budget allocations for the second and third years will be included in future budget cycles.

Item 1P - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Award Police Canine Training Services-Apprehension & Scent Detection Contract REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:

A. Agr
eement No. 24P372
B. Public Integrity Disclosure
Item 1P - Page 3
ATT

ACHMENT A
Item 1P - Page 4

Page 1 of 19 ends

CO
NTRACT SERVICES AGREEMENT 24P372
POLICE CANINE TRAINING SERVICES –

APPREHENSION AND SCENT DETECTION
THI
S AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 13, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Adlerhorst International, LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. Ci
ty requires the services of a licensed and qualified firm to provide police canine training services for apprehension and scent detection, (“Project”).

B. Contractor has submitted to City a proposal to provide police canine training services, under the terms of this Agreement.

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

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

NO
W, 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:

REEMENT

1. CONT

RACTOR SERVICES

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

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

Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the t erms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

Item 1P - Page 5

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $33,612.

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

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

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

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

4. PERFORMANCE SCHEDULE

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

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

Page 3 of 19 ends

Ev
ent. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

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. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on January 13, 2025, and ending on January 12, 2028, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Veronique Reaver, Secretary/Treasure. 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.

Page 4 of 19 ends

deci
sions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreemen t shall create any contractual relationships between any subcontractor and City.

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

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

Name: Title:

Michael Reaver President
Michele Estrada Detection Dog Instructor
Richard A. Johnson Certified Canine Instructor
Paul Western Canine Instructor
Quinn Hanley Canine Instructor
Dan Bill Canine Trainer/Certifying Official
Matthew R. Bolton Canine Trainer

5.6 California Labor Code Requirements.

Page 5 of 19 ends

Laws
. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

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

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Part ies 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.

Item 1P - Page 9

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8. RECO

RDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Sec tion 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.

Item 1P - Page 10

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9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive rel ief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

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

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisio ns of Palm Springs Municipal Code Section 7.09.040, Item 1P - Page 11

Page 8 of 19 ends

inc
luding without limitation the provision of benefits, relating to non -discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: Cit y of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Adlerhorst International, LLC
Attention: Veronique Reaver
3951 Vernon Ave.

Jurupa Valley, CA 92509

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

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

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

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

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

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

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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

Item 1P - Page 12

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11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[S
IGNATURES ON NEXT PAGE]
Item 1P - Page 13

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SIG

NATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND

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

CO
NTRACTOR:

By
: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Dat
e: ___________________________ Date: ___________________________ CIT
Y OF PALM SPRINGS:

AP
PROVED BY CITY COUNCIL:

Dat
e: _______________ Item No. _______ Agreement No. 24P372 APPR
OVED AS TO FORM: ATTEST:

By:
_____________________________ By: _____________________________ City Attorney City Clerk
APPR
OVED:

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

Page 11 of 19 ends

EXHIBIT “A”
SCO

PE OF SERVICES/WORK
Inc
luding,
Sc
hedule of Fees
And
Sc
hedule of Performance
Item 1P - Page 15

Page 12 of 19 ends

1.1 B
ackground:

The Palm Springs Police Department currently deploys a work force of 109 sworn police officers. The Police Department’s patrol canine unit currently operates with two canine teams, made up of a handler and a dog, assigned to work patrol.. These two canine teams will be trained in apprehension and scent detection. The Contractor will p rovide specialized police canine training and police canine expertise to assist with the evaluation of the PSPD canine program on a scheduled and as-needed basis.

1.2 Scope:

A. The Contractor will provide canine training services (apprehension and scent detection) for the Palm Springs Police Department’s Canine Unit. The scope of work shall include but is not limited to the following:

1. Canine Training Sessions:
a. The Contractor shall provide in- service training and evaluation of the PSPD Canine Unit on the second and fourth Wednesday each month in an effort to create uniformity and consistency across the Canine Unit for both the canines and their handlers. Training evaluation times on two Wednesdays of each month will vary.
b. The Contractor shall provide the following training sessions:
i. Two eight hour apprehension and scent detection training sessions for the patrol canine teams per month.
c. The Contractor will provide obedience, agility, protection, tracking, scent detection, tactical deployment, and current tactical officer -safety canine handling techniques.
d. The Contractor will provide on-going training and evaluation of the canines and their handlers and shall provide written documentation of time, date, location, name of officer/canine team, and any issues identified during training that will require additional training. The Contractor will submit the written documentation to the Canine Unit manager and communicate with the Canine Unit manager regarding all concerns or deficiencies as soon as they are identified.
e. The Contractor will provide problem solving solutions regarding any behavioral patterns or problems that may arise with the officers/canine teams during training and evaluation.

2. Canine Handler Course:
a. The Contractor will provide basic canine handler course for newly assigned PSPD canine handlers. The basics course shall include a minimum of 240 hours. At the conclusion of the course, the canine handler team shall meet the minimum standard set by the PSPD and the CA Peace Officer Standards and Training (“POST”) standard.
b. The Contractor shall provide in writing, annual evaluations of handler teams during the first three years of in-service training.
c. The Contractor will evaluate and select the canines used by the Palm Springs Police Department K9 unit. The Contractor is free to select dogs from various vendors. The Palm Springs Police Department will facilitate Item 1P - Page 16

Page 13 of 19 ends

the
purchase of the canine from the selected vendor. The Palm Springs Police Department has the overall authority to purchase a canine of its choosing.
d. The Contractor shall provide comprehensive instruction on the use of electronic collars and the proper use of the device.
e. The Contractor shall provide at least four hours of legal update instruction each year while in-service.
f. The Contractor shall provide well-trained and experienced helpers/decoys to assist with work for the dogs. The decoy/helpers must have a strong understanding of canine behavior and be able to safely work dogs in several different environments.
g. If assistant trainers are to be used, Contractor shall use only trainers who are experienced and knowledgeable in current police canine training techniques.
h. The Contractor shall provide regular maintenance training within a 60-mile distance from the city limits of the City of Palm Springs. i. The Contractor will provide Annual Post Certification for each canine and shall provide the certification to the Canine Unit Manager. j. The Contractor will assist with the selection of canines purchased by the PSPD.

3. Additional Training:
a. The Contractor will provide up to 60 additional training hours per canine team, as needed, at the request of the Canine Unit manager. Examples include:
i. Working in SWAT/Tactical environments
ii. Remedial training

1.3 Schedule:

Work will commence on issuance of notice to proceed on an as needed basis through the term of the contract.

1.4 Compensation:

Work will be compensated per monthly training session, canine handler course, and per hourly rate basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1P - Page 17

Page 14 of 19 ends

Item 1P - Page 18

Page 15 of 19 ends

EXHIBIT “B”
INS

URANCE PROVISIONS
Inc
luding
Ver
ification of Coverage,
Suf
ficiency of Insurers,
Er
rors and Omissions Coverage,
Mi
nimum Scope of Insurance,
Deduc
tibles and Self-Insured Retentions, and
Sev
erability of Interests (Separation of Insureds)
Item 1P - Page 19

Page 16 of 19 ends

INS
URANCE

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

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

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

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

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

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

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

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

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under Item 1P - Page 20

Page 17 of 19 ends

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

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

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time.

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

A. "The C
ity 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. "Thi
s 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. "S
hould 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. Bot
h 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 addi
tion 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 Item 1P - Page 21

Page 18 of 19 ends

obtai
n the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

8. Sever ability 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 1P - Page 22

Page 19 of 19 ends

EXHIBIT “C”
Item 1P - Page 23
ATT

ACHMENT B
Item 1P - Page 24

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Adlerhorst International Llc

2. Address of Entity (Principal Place of Business)
3951 Vernon Ave. Jurupa Vall ey CA 92509

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

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

5. Type of Entity
O Corporation 0 Limited liability Company O Partnership D Trust D Other (please specify)

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

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

Philipha Reaver 50 % Adlerhorst International LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

David Reaver 50% Adlerhorst International LLC
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signatu
�
.arne, Tttle Date
b/ier/zc1�
Item 1P - Page 26

CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P373 WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE TRAINING

SERVICES FOR EXPLOSIVES DETECTION
FROM: Scott C. Stiles, City Manager
BY: Andrew G. Mills, Chief of Police
SUMMARY:

Award a contract services agreement with Vohne Liche Kennels, Inc. for police canine training services for explosives detection.

RECOMMENDATION:

1. Approve Contract Service s Agreement No. 24P373 (Attachment A) with Vohne Liche Kennels, Inc. to provide police canine training services for explosives detection for a three-year term in an amount not to exceed $74,400 beginning January 13, 2025, through January 12, 2028, with two one-year extension options at the City’s sole discretion; and

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 October 31, 2024, Vohne Liche Kennels, Inc. is registered in the states of Indiana and California.

BACKGROUND:

The Palm Springs Police Department currently deploys a work force of 110 sworn police officers. The Police Department’s canine unit currently operates with one canine team, made up of a handler and a dog, assigned to explosives detection at the Palm Springs International Airport. The Department expects to add at least one additional team to this assignment. These two cani ne teams will be trained in explosives detection. The Contractor will provide specialized police canine training and police canine expertise to assist with the evaluation of the PSPD canine program on a schedul ed and as-needed basis.

Item 1Q - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Award Police Canine Training Services-Explosives Detection Contract STAFF ANALYSIS:

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

Two proposals were received by the deadline of October 31, 2024, as follows:
• Adlerhorst International LLC – Jurupa Valley, CA
• Vohne Liche Kennels, Inc. – Denver, IN (local office: Banning, CA) The evaluation team made up of City staff from the Police Department evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price , and interviews.

Vohne Liche Kennels, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

Funds for the first year of this agreement are allocated in the PSPD contractual services account (#1005000 -40105). Budget allocations for the second and third years will be included in future budget cycles.

REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
Item 1Q - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Award Police Canine Training Services-Explosives Detection Contract ATTACHMENTS:

A. Agreement No. 24P373
B. Public Integrity Disclosure
Item 1Q - Page 3

Page 1 of 19 ends

CO
NTRACT SERVICES AGREEMENT 24P373
POLICE CANINE TRAINING SERVICES – EXPLOSIVES DETECTION
THI
S AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 13, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Vohne Liche Kennels, Inc., a California Corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. Ci
ty requires the services of a licensed and qualified firm to provide police canine training services for explosives detection, (“Project”).

B. Contractor has submitted to City a proposal to provide police canine training services, under the terms of this Agreement.

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

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

REEMENT

1. CONT

RACTOR SERVICES

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.

Item 1Q - Page 4

Page 2 of 19 ends

3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

Page 3 of 19 ends

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

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Kenneth D. Lick lider, 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.

Page 4 of 19 ends

deci
sions 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.

Name: Title:

Kenneth Licklider Owner, President
Dan Parker Director of Law Enforcement Operations
Dustin Elleman Chief Trainer / Project Manager
Brad Phillips Senior Trainer

5.6 California Labor Code Requirements.

Page 5 of 19 ends

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).

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.

8. RECORDS AND REPORTS
Item 1Q - Page 8

Page 6 of 19 ends

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No Item 1Q - Page 9

Page 7 of 19 ends

cons
ent 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.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

11. MISCELLANEOUS PROVISIONS
Item 1Q - Page 10

Page 8 of 19 ends

To City: Cit y of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Vohne Liche Kennels, Inc.

Attention: Kenneth D. Licklider
7953 North Old Route 31
Denver, IN 46926

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

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

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

Page 9 of 19 ends

shal
l 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. [S
IGNATURES ON NEXT PAGE]
Item 1Q - Page 12

Page 10 of 19 ends

SIG

NATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND VOHNE LICHE KENNELS, INC.

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

CO
NTRACTOR:

AP
PROVED BY CITY COUNCIL:

Dat
e: _______________ Item No. _______ Agreement No. 24P373 APPR
OVED AS TO FORM: ATTEST:

By
: _____________________________ By: _____________________________ City Attorney City Clerk
APPR
OVED:

Page 11 of 19 ends

EXHIBIT “A”
SCO

PE OF SERVICES/WORK
Inc
luding,
Sc
hedule of Fees
And
Sc
hedule of Performance
Item 1Q - Page 14

Page 12 of 19 ends

1.1 B
ackground:

The Palm Springs Police Department currently deploys a work force of 109 sworn police officers. The police departments canine unit currently operates with one canine team, made up of a handler and a dog, assigned to explosives detection at the Palm Springs International Airport. The Department expects to add at least one additional team to this assignment. These two canine teams will be trained in explosives detection. The Contractor will provide specialized police canine training and police canine expertise to assist with the evaluation of the PSPD canine program on a scheduled and as -needed basis.

1.2 Scope:

A. The Contractor will provide canine training services (explosives detection) for the Palm Springs Police Department’s Canine Unit. The scope of work shall include but is not limited to the following:

1. Canine Training Sessions:
a. The Contractor shall provide in- service training and evaluation of the PSPD Canine Unit on the second and fourth Wednesday each month in an effort to create uniformity and consistency across the Canine Unit for both the canines and their handlers. Training evaluation times on two Wednesdays of each month will vary.
b. The Contractor shall provide the following training sessions:
i. Two eight hour explosives detection training sessions for the airport teams per month.
c. The Contractor will provide obedience, agility, protection, tracking, scent detection, tactical deployment, and current tactical officer -safety canine handling techniques.
d. The Contractor will provide on-going training and evaluation of the canines and their handlers and shall provide written documentation of time, date, location, name of officer/canine team, and any issues identified during training that will require additional training. The Contractor will submit the writt en documentation to the Canine Unit manager and communicate with the Canine Unit manager regarding all concerns or deficiencies as soon as they are identified.
e. The Contractor will provide problem solving solutions regarding any behavioral patterns or problems that may arise with the officers/canine teams during training and evaluation.

Item 1Q - Page 15

Page 13 of 19 ends

c. The C
ontractor will evaluate and select the canines used by the Palm Springs Police Department K9 unit. The Contractor is free to select dogs from various vendors. The Palm Springs Police Department will facilitate the purchase of the canine from the selected vendor. The Palm Springs Police Department has the overall authority to purchase a canine of its choosing.
d. The Contractor shall provide comprehensive instruction on the use of electronic collars and the proper use of the device.
e. The Contractor shall provide at least four hours of legal update instruction each year while in-service.
f. The Contractor shall provide well-trained and experienced helpers/decoys to assist with work for the dogs. The decoy/helpers must have a strong understanding of canine behavior and be able to safely work dogs in several different environments.
g. If assistant trainers are to be used, Contractor shall use only trainers who are experienced and knowledgeable in current police canine training techniques.
h. The Contractor shall provide regular maintenance training within a 60-mile distance from the city limits of the City of Palm Springs. i. The Contractor will provide Annual Post Certification for each canine and shall provide the certification to the Canine Unit Manager. j. The Contractor will assist with the selection of canines purchased by the PSPD.

1.3 Schedule:

Work will commence on issuance of notice to proceed on an as needed basis through the term of the contract.

1.4 Compensation:

Item 1Q - Page 16

Page 14 of 19 ends

Item 1Q - Page 17

Page 15 of 19 ends

EXHIBIT “B”
INS

Page 16 of 19 ends

INS
URANCE

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

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

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

Page 17 of 19 ends

thi
s 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.

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

Page 18 of 19 ends

obtai
n the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

Item 1Q - Page 21

Page 19 of 19 ends

EXHIBIT “C”
Item 1Q - Page 22

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name·of Entity
Vn H� i , c..1-1£ v.;-;.JtJlEI �-. -;:;u ...

Address of Entity (Principal Place of Business)
�. N. Ol-0 1'lr3i
V,dJ.. �I L.i--1.,q,;i. L
Local or California Address (if different than #2)
4-g c/ SS-I../ I L,L ...,-tJ /> 1::> t:!-
' AtJJ.J ,Al fr- CA C} ,.;i.,;;;io
State where Entity is Registered with Secretary of State �C>i�IJP.

If other than California, is the Entity also registered in California? IE Yes D No Type of Entity
�Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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

EXAMPLE

JANE DOE
[name of owner/investor]
A.
l<.l4'::{N�\ h - L, ,_(LL, !>d'L-
[name of owner/investor]
B.
�1A [name of owner/investor)
C.
[name of owner/investor]
D.
[name of owner/investor)
E.
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
)ca);; v'oµµe: L cJ-f.s: l&'N�cl.& Ut:. IF
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]
[percentage of beneficial interest in entity
and name of entity]

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

Date
Item 1Q - Page 24

CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24P358 WITH ASM CONSULTING & INVESTIGATIONS, INC. FOR BACKGROUND

INVESTIGATION SERVICES
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

Award a contract services agreement with ASM Consulting & Investigations, Inc. for background investigation services.

RECOMMENDATION:

1. Approve Contract Service s Agreement No. 24P358 (Attachment A ) with ASM Consulting & Investigations, Inc. to provide background investigation services for a three-year term in an amount not to exceed $280,000 beginning January 13, 2025 through January 12, 2028, with two one-year extension options at the City’s sole discretion; and

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 October 29, 2024, ASM Consulting & Investigations, Inc. is registered in the state of California.

BACKGROUND:

The Police Department (PSPD) utilizes contracted services for background investigations which includes processing background checks for applicants applying for safety -related positions, in accordance with the standards set by the California Commission on Peace Officer Standards and Training (POST) and background investigations for other applicants as needed to ensure efficient hiring processes. In addition, the services l also include performing background checks on applicants seeking a commercial cannabis license with the City of Palm Springs.

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City Council Staff Report
January 9, 2025 -- Page 2
Award Background Investigation Services Contract

As part of the background investigation process, the Palm Springs Police Department will be responsible for the following tasks:

1. Live Scan Fingerprinting: The PSPD Personnel Sergeant will handle all Live Scan fingerprinting for applicants, including a preliminary review.

2. Polygraph Coordination and Review: The PSPD Personnel Sergeant will manage the coordination, scheduling, and initial review of polygraph examinations prior to submitting the applicant’s file to the background investigator.

STAFF ANALYSIS:

The Police Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website. Six proposals were received by the deadline of October 29, 2024, as follows:

• ASM Consulting & Investigations, Inc. – Temecula, CA
• Arroyo Background Investigation – Riverside, CA
• JL Group, LLC – Laguna Niguel, CA
• National Testing Network – Lynnwood, WA
• North American Security and Investigation, Inc. – Carson, CA • TruView BSI, LLC – Melville, NY

The evaluation team made up of City staff from the Police Department evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price , and interviews.

ASM Consulting & Investigations, Inc. was ranked the highest by the evaluation team and is being recommended for award of the contract.

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.

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City Council Staff Report
January 9, 2025 -- Page 3
Award Background Investigation Services Contract

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

Funds for the first year of this agreement are allocated in the PSPD contractual services account (#1005000 -40105). Budget allocations for the second and third years will be included in future budget cycles.

REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 24P358
B. Public Integrity Disclosure

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ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 24P358

BACKGROUND INVESTIGATION SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 13, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and ASM Consulting & Investigations, Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide background investigation services for the Palm Springs Police Department, (“Project”).

B. Contractor has submitted to City a proposal to provide background investigation services, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

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Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

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: Takashi “Bob” Nishida, Chief Executive Officer . 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.

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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.

Name: Title:

Takashi “Bob” Nishida Chief Executive Officer/Qualified Manager Steve Dyer Primary Investigator
Mark Ryan Primary Investigator

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 Item 1R - Page 8

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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).

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.

8. RECORDS AND REPORTS
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9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No Item 1R - Page 10

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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.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

11. MISCELLANEOUS PROVISIONS
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To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: ASM Consulting & Investigations, Inc.

Attention: Takashi Nishida
30650 Rancho California Road, Suite 406-222
Temecula, CA 92591

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

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

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

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shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND ASM CONSULTING & INVESTIGATIONS, INC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No. _______ Agreement No. 34P358

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

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1.1 Background:

A. The Contractor will provide the Palm Springs Police Department background investigation services which includes processing background checks for applicants applying for safety -related positions, in accordance with the standards set by the California Commission on POST (Peace Officer Standards and Training). Additionally, the Contractor will conduct background investigations for other applicants as needed to ensure efficient hiring processes. The Contractor will also be responsible for performing background checks on applicants seeking a commercial cannabis license with the City of Palm Springs.

B. As part of the background investigation process, the Palm Springs Police Department will be responsible for the following tasks:

1. Live Scan Fingerprinting: The PSPD Personnel Sergeant will handle all Live Scan fingerprinting for applicants, including a preliminary review.

1.2 Scope:

A. The Contractor will provide background investigation services for the Palm Springs Police Department as detailed below:

1. Level I background (Peace Officer, Public Safety Dispatcher):
a. An individual background investigation compliant with California POST standards.

2. Level II backgrounds (All other full-time employees):
a. The scope for level II would include the following:
i. Personal History Statement review
ii. Pre-Investigative Questionnaire review
iii. Polygraph results review and evaluation
iv. Required Documents list
v. False Statement Advisement
vi. Review of Live Scan results
vii. Local and Nationwide Criminal Search
viii. State and Nationwide Sexual Offender Search
ix. Education verification
x. Credit Bureau Report analysis
xi. Citizenship Verification
xii. Military Service Verification
xiii. Local Agency Checks
xiv. Dissolution of Marriage Verification
xv. Marriage Verification
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xvi. Employment Reference Contact and Employment Verification (7 years) xvii. Personal Reference Contact
xviii. Driving Record Verification and Analysis
xix. Local County Superior Court Search and Analysis

3. Level III backgrounds (Volunteers):
a. The scope for level III would include the following:
i. Personal History Statement review
ii. Review of Live Scan results
iii. Previous Employer Contact (within last three years) iv. Family contact
v. Personal reference contact
vi. Local database checks (state and nationwide sexual offender and nationwide criminal)
vii. Selective Service Verification
viii. CA DMV record verification and insurance verification

4. Level IV Background Investigations (Cannabis):
a. The level IV background investigations aim to assess the candidate's eligibility for obtaining a commercial cannabis license in the City of Palm Springs. The Level IV background investigation includes:
i. Review of Live Scan results
ii. Checks against local, state, and national databases, including sex offender registries and criminal records
iii. Searches for any liens and judgments against the candidate iv. Investigation of any adverse judgments related to business practices

5. The Contractor shall complete the background investigations within 45 calendar days from the date the designee officially hand over the file and requests that the investigation process begin, unless otherwise approved.

B. Additional Fees:

1. Hourly Rate: In the event the Contractor identifies information which may disqualify an applicant, the Contractor will promptly notify the City's assigned liaison. If the City elects to disqualify the applicant, the background investigation will be terminated immediately, and the City will be billed for the actual hours worked up to that point, provided that the total cost does not exceed the contracted rate for the applicable full background investigation.

2. Mileage and Lodging: An allowance amount of $3,000 has been set for any expenses outside of the basic investigative cost, including lodging and mileage (cannot exceed the IRS rate). These expenses must be preapproved by the City before making any commitments. The Contractor must include detailed information about these additional fees in their proposal. Such fees will be limited to the following:

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a. Mileage (Include map w/total mileage less normal daily commute) 2024 IRS Mileage rate =$.67/mile. Mileage fees will coincide with the rate set by the IRS. b. Receipts for hotel/lodging will need to be submitted, less charges related to food, beverage, tips and entertainment. Rooms must be economical, mid- range in terms of price.

1.3 Schedule:

Work will commence on issuance of notice to proceed on an as needed basis through the term of the contract.

1.4 Compensation:

Work will be compensated on a per background investigation basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
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INSURANCE

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

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

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

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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.

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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.

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obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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EXHIBIT “C”

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ATTACHMENT B

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 24C367 FOR

THE PURCHASE OF DRONES, DRONE DOCKS AND SOFTWARE FOR

THE DRONE FIRST RESPONDER PROGRAM
FROM: Scott C. Stiles, City Manager
BY: Andrew G. Mills, Chief of Police
SUMMARY:

The Palm Springs Police Department (PSPD) proposes purchasing three drones, three docking stations, software, and related equipment through Advexure, LLC . This acquisition will support the Department’s new Drone as First Responder (DFR) Program, where drones will be dispatched from the Real Time Operations Center (RTOC) to respond to calls for service. The purchase is fully funded by the BSCC (Board of State and Community Corrections) grant and aims to improve the Department’s ability to respond to public safety needs, including emergency calls, search and rescue, high -risk operations, and large public events.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement No. 24C367 (Attachment A) with Advexure, LLC for a three -year period not to exceed $ 111,713.80, beginning February 1, 2025, through February 1, 2028.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms submitted on July 1, 2024, Advexure is a Limited Liability Corporation registered in the state of Wisconsin (Attachment B).

BACKGROUND:

The Drone as First Responder (DFR) Program is a new initiative designed to integrate drone technology into PSPD’s emergency response framework. The drones will be dispatched from the Real Time Operations Center (RTOC) to assist with critical incidents Item 1S - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Drone First Responder Program

such as 911 priority calls , search and rescue missions , high-risk operations , public events, and crime scene assessments. By providing real -time aerial intelligence, the drones will enhance situational awareness, allowing officers to make better decisions and respond more effectively. Last year, the department responded to over 60,000 calls for service, including more than 5,000 priority 1 and 2 calls requiring immediate emergency response. Currently, PSPD relies on trunk-deployed drones and air support fro m California Highway Patrol (CHP) or Riverside County Sheriff for aerial assistance.

However, these resources often face delays in response times, prompting the need for DFR to provide rapid, on-demand drone deployment for critical in-progress incidents.

Moreover, drones can reduce the number of resources dispatched to high -priority calls, improving both efficiency and cost -effectiveness. By quickly assessing emergencies, drones can determine if additional personnel or equipment are needed. In some cases, the drone alone may be sufficient, eliminating the need for further dispatch and freeing up resources for other calls. This optimizes response times, reduces wear and tear on vehicles, and minimizes fuel costs, all while enhancing overall resource allocation.

STAFF ANALYSIS:

The proposed purchase is being made through Sourcewell Cooperative Contract No. 011223-ADX as allowed by Title 7 of the Municipal Codes Section 7.09.010 Cooperative Purchasing Programs, with Advexure LLC in an amount not to exceed $111,713.80. This purchase includes three drones, docking stations, and software to control the drones and manage the data.

The drones are equipped with high-resolution cameras , thermal imaging , and various sensors to enhance real -time monitoring of incidents. The docking stations will ensure that the drones are quickly recharged and maintained, while the software provides a centralized platform for control and data analysis. By integrating this technology, the Drone as First Responder Program will strengthen PSPD’s ability to respond to emergencies, assist with missing persons searches , disaster response , and high-risk assessments, and support large public events. The drones will provide critical intelligence, enabling officers to make informed decisions that improve safety and reduce response times.

The BSCC grant will cover the full cost of the purchase, and the Sourcewell Cooperative Purchasing Contract ensures competitive pricing, maintaining fiscal responsibility while securing top-quality equipment for the department.

ENVIRONMENTAL ASSESSMENT:

environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

The BSCC grant will fully fund the cost of purchasing the drones, docking stations, software, installation, training, maintenance, and related equipment without impacting the City's general fund. The Department will ensure that the procurement process stays within the approved grant budget, and any ongoing costs for maintenance and software updates will be managed within the Department’s allocated budget.

REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Cooperative Purchase Agreement 24C367
B. Public Integrity Disclosure Form

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ATTACHMENT A

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4.13.2023

COOPERATIVE PURCHASE OF EQUIPMENT AND SUPPORT
SERVICES AGREEMENT NO. 24C367

This Cooperative Purchase of Equipment and Support Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Advexure LLC, a Wisconsin Limited Liability Company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No.0 11223-ADX. With Advexure (“Cooperative Agreement”).
b. The City desires to utilize equipment and support services for the Palm Springs Police Department (PSPD) attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her e in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is for 3 years commencing on February 1, 2025, and ending on February 1, 2028. The parties may mutually extend the term of this agreement for up to two additional one-year periods (“Option Period(s)”)

3. Compensation and Payment. This Agreement is for an amount not to exceed $111,713.80, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

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

6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its Item 1S - Page 5

4.13.2023
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. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs ADVEXURE LLC
Attn: City Manager/ City Clerk Attn: Travis Waibel 3200 E. Tahquitz Canyon Way 9281 Irvine Boulevard
Palm Springs, California 92262 Irvine, CA 92618

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

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

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

10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shal l 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 what ever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

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

12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this Item 1S - Page 7

4.13.2023
compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.

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

13. Entire Agreement. This Agreement, along with the Co operative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.

[Signature Page Follows]

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4.13.2023

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EQUIPMENT AND

SUPPORT SERVICES AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS
AND ADVEXURE LLC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _1/9/24______ Item No. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

SCOPE OF WORK
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ATTACHMENT B

QUOTE / PRICING

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ATTACHMENT C

INSURANCE REQUIREMENTS

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)
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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement . Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insured s 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 requir ed under this Agreement shall be as follows:

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and i ts 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 insure r shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional 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 Item 1S - Page 17

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

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

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.

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4.13.2023
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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

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ATTACHMENT D

EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

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ATTACHMENT B

Item 1S - Page 21
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Advexure LLC
9281 Irvine Blvd Irvine, CA 92618
Wisconsin
Travis Waibel
Daniel Waibel
Item 1S - Page 22

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

Travis Waibel, CEO
7/1/2024
Travis Waibel
100%
Item 1S - Page 23

CITY COUNCIL STAFF REPORT

DATE: JANUARY 9, 2025 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24B361 WITH DESERT FIRE EXTINGUISHER CO., INC. FOR FIRE SUPPRESSION

EQUIPMENT MAINTENANCE, TESTING, INSPECTION, AND REPAIR

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. 24B361 with Desert Fire Extinguisher Co., Inc. (Desert Fire) in an amount not to exceed $150,000 for fire suppression equipment maintenance, testing, inspection, and repair services for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24B361 ( Attachment A) with Desert Fire Extinguisher Co., Inc. to provide fire suppression equipment maintenance, testing, inspection, and repair services for the Palm Springs International Airport in an amount not to exceed $150,000 for the initial three-year term beginning January 13, 2025 through January 12, 2028, 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 October 18, 2024, Desert Fire Extinguisher Co., Inc. is registered in the state of California.

BACKGROUND:

It is critical for the Airport to maintain, inspect, test, and repair fire suppression equipment across its 940-acre property that includes approximately 57 buildings such as the Wexler Terminal Building, Agua Caliente Concourse, Sonny Bono Concourse, IT server rooms, Item 1T - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Award Fire Suppression Equipment Maintenance & Repair Services Agreement

and leased facilities. The fire suppression equipment at the Airport consists of chemical, water, clean agent, inert gas, and foam suppression systems, ensuring robust fire prevention and response capabilities.

On March 23, 2023, City Council approved Agreement No. 23B046 (Agreement) with Desert Fire Extinguisher Co., Inc. for fire suppression equipment maintenance, testing, inspection, and repair services for a three-year term from April 1, 2023 to March 31, 2026, with two optional one-year extensions, for a total amount of $300,000. The Agreement is a shared Agreement that serves the Maintenance and Facilities Department, the Airport, and other City departments.

With the Airport’s continued growth and increasing passenger volumes, the Airport staff have determined that a dedicated agreement with Desert Fire Extinguisher Co. is vital for addressing the Airpor t’s specific fire suppression system needs. The agreement will ensure reliable and uninterrupted services by providing routine maintenance, emergency repairs, and preventive measures that are tailored to the Airport’s unique operational requirements. This dedicated agreement will offer a targeted approach to maintaining fire suppression systems, aligning with the Airport’s ongoing safety priorities and operational goals.

Fire suppression systems are critical for pr otecting passengers, st aff, and the Airport’s infrastructure, and the Airport staff recognizes the importance of proactive maintenance which improves emergency r eadiness, reduces liability risks, and ensures compliance with federal, state, and local regulations.

STAFF ANALYSIS:

The contract with Desert Fire Extinguisher Co., Inc. is an on-call, as-needed type contract.

The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-34) was initiated by the City’s Procurement and Contracting Department on October 7, 2024, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the November 12, 2024, deadline as follows:

Vendor Bid
Majestic Fire Inc. DBA Kord Fire Protection – Van Nuys, CA (local office:

Palm Desert, CA)
$26,762.00
Desert Fire Extinguisher Co., Inc. – Palm Springs, CA $35,499.30 Cosco Fire Protection, Inc. – Brea, CA $81,434.30
Reep Fire Protection Inc. – Murrieta, CA $83,670.00
Item 1T - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Award Fire Suppression Equipment Maintenance & Repair Services Agreement

Majestic Fire Inc. DBA Kord Fire Protection was the low bidder; however, they withdrew their bid due to not providing pricing for all line items on the bid form. As a result, Desert Fire Extinguisher Co., Inc. became the low, responsive, responsible bidder. Desert Fire Extinguisher Co., Inc. currently holds a contract with the Facilities Maintenance department and has performed well to date.

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

Staff recommends approval of Contract Services Agreement No. 24B361 with Desert Fire Extinguisher Co., Inc. for the initial three-year term in the amount not to exceed $150,000 effective January 13, 2025 through January 12, 2028, subject to two one-year optional renewals at the sole discretion of the City.

A dedicated contract with Desert Fire Extinguisher Co., Inc. will provide the following key benefits:

1. Consistency and Reliability : Ensures uninterrupted fire suppression services tailored specifically to the Airport's needs.

2. Safety and Compliance: Guarantees the functionality and regulatory compliance of fire suppression systems, minimizing the risk of non-compliance penalties.

3. Risk Mitigation: Enhances emergency preparedness and reduces the risk of fire hazards, thereby safeguarding both passengers and Airport assets.

4. Operational Efficiency : Supports the Airport’s operational goals by preventing service disruptions related to fire safety systems.

Staff recommends the approval of the agreement with Desert Fire Extinguisher Co., Inc. to ensure continued fire suppression equipment maintenance, testing, inspection, and repair services at the Airport.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

Item 1T - Page 3
City Council Staff Report
January 9, 2025 -- Page 4
Award Fire Suppression Equipment Maintenance & Repair Services Agreement

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Department of Aviation Terminal Building Op erations Account 4157050.40105 and will be budgeted in subsequent fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harr y Barrett, Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Gerem y Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 24B361
B. Public Integrity Disclosure
Item 1T - Page 4
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CONTRACT SERVICES AGREEMENT 24B361

FIRE SUPPRESSION EQUIPMENT MAINTENANCE, TESTING, INSPECTION,

AND REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 13, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Desert Fire Extinguisher Co., Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide fire suppression equipment maintenance, testing, inspection, and repair services for the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a Bid to provide fire suppression equipment maintenance, testing, inspection, and repair services, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

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

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

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3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $150,000.

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:

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

4. PERFORMANCE SCHEDULE

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

4.2 Schedule of Performance . All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure . The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an even t that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

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4.4 Term . Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on January 13, 2025, and ending on January 12, 2028, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a prov isions 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 Item 1T - Page 8

Page 4 of 67 ends

same manner as it is for persons directly empl oyed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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

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

Name: Title:
(to be determined)

5.6 California Labor Code Requirements .

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require t he payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities , costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be C ontractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Item 1T - Page 9

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

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

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

8. RECORDS AND REPORTS

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

The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termi nation 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.

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

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor s hall 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 account ing books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law . This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (includi ng, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver . No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative . Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Part y of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action . In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
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Palm Springs City CouncilJanuary 9, 2025

Palm Springs City Council
January 9, 2025