CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
JANUARY 9, 2025
3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
3:30 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
January 9, 2025 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. Economic Development Strategic Plan
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of December 12, 2024.
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE January 9, 2025 City Council Regular Meeting Agenda 3
B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 30, 2024
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of November 1 through November 30, 2024.
C. ACCEPTANCE OF RESIGNATIONS FROM THE LIBRARY BOARD OF
TRUSTEES AND THE PARKS & RECREATION COMMISSION
RECOMMENDATION:
Accept the resignations of Craig Borba from the Library Board of Trustees, and Daniel Ballister from the Parks & Recreation Commission effective immediately.
D. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $23,831
RECOMMENDATION:
Accept a grant award from the California Public Utilities Commission in the amount of $23,831.
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2105, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE, TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER 14.28, “WIRELESS
FACILITIES IN PUBLIC RIGHTS-OF-WAY
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2105, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA TO AMEND THE PALM SPRINGS MUNICIPAL CODE; TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER 14.28, “WIRELESS
FACILITIES IN PUBLIC RIGHTS-OF-WAY.”
January 9, 2025 City Council Regular Meeting Agenda 4
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2104, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF UTILITIES
AND THE FORMATION OF UNDERGROUND UTILITY DISTRICTS
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2104, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF UTILITIES AND THE FORMATION OF UNDERGROUND UTILITY DISTRICTS.”
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2106, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44,
MODIFYING SIGNAGE POSTING REQUIREMENTS AT PARKS AND
RECREATION AREAS
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2106, “AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER
11.44 MODIFYING SIGNAGE POSTING REQUIREMENTS AT PARKS AND RECREATION AREAS.”
H. APPROVE SERVICE AGREEMENT 24S353 WITH TABLET COMMAND, INC. FOR
INTEGRATION AND THREE-YEARS SERVICE PROVIDING ELECTRONIC
INCIDENT COMMAND
RECOMMENDATION:
Approve Service Agreement 24S353 (Attachment A) with Tablet Command, Inc. for integration and three-years’ service as a Sole Source purchase at a cost of $95,900.
1. Authorize the City Manager or designee to execute all necessary documents2.
January 9, 2025 City Council Regular Meeting Agenda 5
I. APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B386 AND 24B388 WITH GA TECHNICAL SERVICES, INC., AND 24B387 AND 24B389 WITH AARON HAN
DBA POLAR ELECTRICAL COMPANY FOR ELECTRICAL MAINTENANCE AND
INSTALLATION SERVICES
RECOMMENDATION:
Approve Contract Services Agreement 24B386 with GA Technical Services, Inc. to provide electrical maintenance and installation services for the Public Works department in an amount not to exceed $870,000 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;
1. Approve Contract Services Agreement 24B387 with Aaron Han dba Polar Electrical Company to provide electrical maintenance and installation services for the Public Works department in an amount not to exceed $580,000 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. Approve Contract Services Agreement 24B388 with GA Technical Services, Inc. to provide electrical maintenance and installation services for the Parks and Recreation department in an amount not to exceed $470,000 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;
3. Approve Contract Services Agreement 24B389 with Aaron Han dba Polar Electrical Company to provide electrical maintenance and installation services for the Parks and Recreation department in an amount not to exceed $315,000 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;
4. Authorize the City Manager or designee to execute all necessary documents.5.
J. CITY OF PALM SPRINGS DEVELOPMENT PROJECT FEE REPORT FOR FISCAL YEAR 2023-24
RECOMMENDATION:
Receive and File the City’s Development Project Fee Report for Fiscal Year 2023-24.
January 9, 2025 City Council Regular Meeting Agenda 6
K. APPROVE THE PURCHASE OF THE ART OF TAMING HORSES BY
CHRISTOPHER MYERS (REPRESENTED BY JAMES COHAN GALLERY) IN THE AMOUNT OF $9,000 WITH PUBLIC ARTS FUNDS
RECOMMENDATION:
Appropriate funds in the amount of $9,000 from the Public Arts Fund Balance.1.
Approve the purchase of The Art of Taming Horses by Christopher Myers in the amount of $9,000 with Public Arts Funds.
2. Authorize the Director to execute all necessary documents to facilitate funding for the purchase of the artwork from James Cohan Gallery.
3. L. APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING THE
PALM SPRINGS INTERNATIONAL AIRPORT TITLE VI PLAN
RECOMMENDATION:
Approve the adoption of Palm Springs International Airport Title VI Plan as required by the Federal Aviation Administration.
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE PALM SPRINGS
INTERNATIONAL AIRPORT TITLE VI PLAN AS REQUIRED BY THE
FEDERAL AVIATION ADMINISTRATION (FAA) FOR RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE”.
2. Authorize the Executive Director of Aviation or designee to execute all necessary documents related to implementation of the Title VI Plan, including minor revisions and routine updates required every three years by law, except in cases where significant revisions to FAA policies or federal guidelines necessitate substantial revisions to and readoption of the Title VI Plan by the City Council.
3. M. APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH LESAR DEVELOPMENT CONSULTANTS (A8761) FOR ONGOING
ENCAMPMENT RESOLUTION FUND PROGRAMS AND AFFORDABLE HOUSING
PROJECTS
RECOMMENDATION:
Approve Amendment No. 3 to the Professional Services Agreement with LeSar Development Consultants for a term of three years.
1. Authorize the City Manager or their designee to execute all necessary documents.
2. January 9, 2025 City Council Regular Meeting Agenda 7
N. AUTHORIZE THE PURCHASE OF ONE VELOCITY TRIPLE COMBINATION PUMPER TRUCK IN AN AMOUNT NOT TO EXCEED $1,221,692.18.
RECOMMENDATION:
Approve Purchase of one velocity triple combination pumper in an amount not to exceed $1,221,692.18, inclusive of 10% ($111,062.93) contingency;
1. Authorize the City Manager or designee to execute all necessary documents.2.
O. AUTHORIZE THE PURCHASE OF 11 NEW VEHICLES
RECOMMENDATION:
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;
1. 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;
2. 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;
3. Authorize the City Manager or designee to execute all necessary documents.4.
P. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P372 WITH
ADLERHORST INTERNATIONAL, LLC FOR POLICE CANINE TRAINING
SERVICES FOR APPREHENSION AND SCENT DETECTION
RECOMMENDATION:
Approve 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
1. Authorize the City Manager or designee to execute all necessary documents.2.
January 9, 2025 City Council Regular Meeting Agenda 8
Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P373 WITH VOHNE LICHE KENNELS, INC. FOR POLICE CANINE TRAINING SERVICES FOR
EXPLOSIVES DETECTION
RECOMMENDATION:
Approve Contract Services 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
1. Authorize the City Manager or designee to execute all necessary documents.2.
R. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P358 WITH ASM CONSULTING & INVESTIGATIONS, INC. FOR BACKGROUND INVESTIGATION
SERVICES
RECOMMENDATION:
Approve Contract Services 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
1. Authorize the City Manager or designee to execute all necessary documents.2.
S. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 24C367 FOR THE
PURCHASE OF DRONES, DRONE DOCKS AND SOFTWARE FOR THE DRONE
FIRST RESPONDER PROGRAM
RECOMMENDATION:
Approve Cooperative Purchase Agreement No. 24C367 with Advexure, LLC for a three-year period not to exceed $111,713.80, beginning February 1, 2025, through February 1, 2028.
1. Authorize the City Manager or designee to execute all necessary documents.2.
January 9, 2025 City Council Regular Meeting Agenda 9
T. 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
RECOMMENDATION:
Approve Contract Services Agreement No. 24B361 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.
1. Authorize the City Manager or designee to execute all necessary documents.2.
U. APPROVE AMENDMENT 1 TO AGREEMENT 24S123 WITH ARCHITECTURAL RESOURCES GROUP, INC. FOR A PEER REVIEW OF THE SECTION 14
HISTORICAL CONTEXT STUDY
RECOMMENDATION:
Approve Amendment 1 to Agreement 24S123 with Architectural Resources Group, Inc. for a peer review of the Section 14 Historical Context Study in the amount not to exceed $32,500 and a revised agreement amount of $107,490.
1. Appropriate $32,500 into the Department’s contractual services budget to cover this added work.
2. Authorize the City Manager or designee to execute all necessary documents.3.
V. ACCEPTANCE OF THE 2024 PAVEMENT REHABILITATION PROJECT, CITY PROJECT 24-01, AND APPROVAL OF A SECOND TASK ORDER UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC.
RECOMMENDATION:
Accept the subject Project as completed in accordance with the contract documents;
1. Authorize the City Manager to approve Task Order No. 2 for additional project management and inspection services from an on-call engineering services firm, Dudek, Inc., for $71,500 and a new not-to-exceed limit of $286,500; and
2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder
3. January 9, 2025 City Council Regular Meeting Agenda 10
W. AUTHORIZE A SECOND TASK ORDER WITH BERG AND ASSOCIATES, INC. IN THE AMOUNT OF $236,934.21, PURSUANT TO AGREEMENT A8567 FOR
ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH STORM LINE 20, STAGE 3, CITY PROJECT NO. 19-15 RECOMMENDATION:
Authorize the City Manager to approve a second task order in the amount of $236,934.21 for additional CM professional services with Berg and Associates, Inc., an ‘on-call’ firm for CM services.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
X. APPROVAL OF A CULTURAL MONITORING CONTRACT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS IN THE AMOUNT OF $115,000 FOR THE South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042) RECOMMENDATION:
Approve a cultural monitoring agreement with the Tribe in the amount of $115,000;
1. Delegate authority to the City Manager or designee to approve and execute the cultural monitoring agreement and amendments up to a total amount of $35,000 with all amendments reported to the City Council; and
2. Authorize the City Manager or his designee to execute all necessary documents.3.
Y. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 23P047 WITH HARRIS AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $471,600 FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
RECOMMENDATION:
Approve Amendment No. 1 in the amount of $471,600 to Professional Services Agreement No.23P047 with Harris and Associates, Inc., for a new not-to-exceed amount of $4,598,117.54, for the Indian Canyon Drive Widening, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11; and
1. Authorize the City Manager to execute all necessary documents.2.
January 9, 2025 City Council Regular Meeting Agenda 11
Z. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES
AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN LIBRARY RENOVATIONS, AND 19-18, JC FREY
BUILDING REHABILITATION
RECOMMENDATION:
Approve Amendment No. 4 to the Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide design services for an amount not to exceed $56,360.
1. Authorize the City Manager or designee to execute all necessary documents.2.
AA. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING
10-26-24 AND 11-09-24 TOTALING $5,711,369.90 AND ACCOUNTS PAYABLE WARRANTS DATED 10-24-24 AND 11-07-24 TOTALING $20,813,417.75, IN THE AGGREGATE AMOUNT OF $26,524,787.65 DRAWN ON BANK OF AMERICA"
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. REQUEST BY THE CITY OF PALM SPRINGS FOR A LIMITED UPDATE TO
THE GENERAL PLAN, INCLUDING REVISIONS TO THE LAND USE
ELEMENT, CIRCULATION ELEMENT, SAFETY ELEMENT AND
ADMINISTRATION SECTION
RECOMMENDATION:
Open the public hearing and receive public testimony; and1.
Adopt A Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN
ADDENDUM TO THE PREVIOUSLY CERTIFIED ENVIRONMENTAL
IMPACT REPORT TO THE 2007 GENERAL PLAN FOR AN AMENDMENT
TO THE LAND USE, CIRCULATION AND SAFETY ELEMENTS AND
ADOPTING THE 2040 GENERAL PLAN WITH AMENDMENTS TO THE
ADMINISTRATION SECTION, LAND USE ELEMENT, CIRCULATION
ELEMENT AND SAFETY ELEMENT.”
2. 3. BUSINESS & LEGISLATIVE:
January 9, 2025 City Council Regular Meeting Agenda 12
3. BUSINESS & LEGISLATIVE:
A. INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING TITLE 7 PROCUREMENT AND CONTRACTING POLICIES OF THE PALM
SPRINGS MUNICIPAL CODE REGARDING PROCUREMENT AND
CONTRACTING BY THE CITY OF PALM SPRINGS”
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and read by title only:
and
1. Introduce on first reading an ordinance entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING TITLE 7 PROCUREMENT AND CONTRACT POLICIES OF
THE PALM SPRINGS MUNICIPAL CODE REGARDING PROCURMENT
AND CONTRACTING BY THE CITY OF PALM SPRINGS.”
2. B. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2025
RECOMMENDATION:
Review, provide direction on modifications, and adopt a Resolution entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME, AND RESCINDING RESOLUTION NO. 25153.”
C. REVIEW AND APPROVE THE ROSTER OF CITY COUNCIL
SUBCOMMITTEES, APPOINTEES, LIAISONS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
RECOMMENDATION:
Review and provide direction on changes to the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.
1. Alternatively, approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations, and authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.
2. D. DISCUSSION REGARDING AN ORDINANCE TO IMPOSE A MORATORIUM
ON NEW DRIVE-THROUGH USES
RECOMMENDATION:
Discuss and provide direction to City staff with regard to a possible moratorium ordinance on drive through uses within the City.
January 9, 2025 City Council Regular Meeting Agenda 13
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on January 3, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
January 9, 2025 City Council Regular Meeting Agenda 14 City of Palm Springs DRAFT MINUTES Page 1
Thursday, December 12, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bern stein on Thursday, December 12 , 2024, at 5:3 5 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Bernstein led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Grace Elena Garner, and Lisa Middleton; Mayor Pro Tem Ron deHarte; and Mayor Jeffrey Bernstein.
Absent: None.
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS :
City Manager Stiles introduced the City’s new Parks and Recreation Director, Nick Gonzalez.
PROCLAMATIONS:
Mayor Bernstein announced the issuance of the following proclamations:
• Dr. Les Zendle was honored on November 26, 2024, for his eight years of dedicated service in promoting equitable access to health and wellness services for residents of the eastern Coachella Valley.
• Dr. Carmina Zavala was honored on November 26, 2024, for her four years of service on the Board of the Desert Healthcare District and the Foundation Board. Her contributions have been instrumental in raising awareness and facilitating discussions on behavioral health challenges within the Coachella Valley.
• Charles Supple Day was officially proclaimed on December 6, 2024 . Mr. Supple was awarded the 472nd star on the Palm Springs Walk of the Stars. This honor acknowledges his steadfast commitment to accessible, innovative, and compassionate healthcare, as well as his pioneering work in developing Item 1A - Page 1
City Council Minutes December 12, 2024
City of Palm Springs DRAFT MINUTES Page 2
new healthcare models for Southern California and elevating the Palm Springs Medical Center to a standard of excellence.
• The 75th Anniversary of the Desert Art Center was commemorated on December 6, 2024. Founded in 1950, the Desert Art Center holds the distinction of being the oldest non -profit, volunteer arts organization in the Coachella Valley.
• Michele Cirone-Collier was honored on December 9, 2024, for her remarkable 35 years of dedicated service to the City of Palm Springs. Throughout her tenure, she has been a vital and esteemed member of the Desert Recreation Division, adeptly supervising and developing a wide range of activit ies and programs.
ACCEPTANCE OF THE AGENDA:
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR BERNSTEIN, CARRIED 5-0, to accept the agenda.
PUBLIC TESTIMONY:
Lauren Wolfer, Kathy Weremiuk, Geoff Kors, John Pavelak, Ginny Foat, David Vignolo, and Abraham Ishaq provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the Consent Calendar.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the City Council Closed Session Meeting Minutes of November 14, 2024, the City Council Regular Meeting Minutes of November 14, 2024, and the City Council Special Meeting Minutes of November 21, 2024.
B. ADOPTION OF A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt Resolution No. 25262 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW.”
C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR AGUA
CALIENTE FUEL PALM SPRINGS, AN AUTOMOBILE SERVICE STATION, WHICH INCLUDES AN 8,600-SF CONVENIENCE STORE WITH A 2,637-SF GAMING AREA, A 585 -SF GAS ATTENDANT BUILDING, A 23 -FOOT-HIGH CANOPY, PARKING, AND NEW LANDSCAPE ON A 3.6-ACRE TRIBAL TRUST PROPERTY LOCATED AT 999 LAWRENCE CROSSLEY ROAD, ZONE M-1, SECTION 20 (CASE CR-2024-0001).
Item 1A - Page 2
City Council Minutes December 12, 2024
City of Palm Springs DRAFT MINUTES Page 3
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to adopt Resolution No. 25263 entitled, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A
CONFORMITY REPORT FOR AGUA CALIENTE FUEL PALM SPRINGS ON TRIBAL TRUST LAND LOCATED AT 999 LAWRENCE CROSSLEY ROAD (APN: 680 -564-002; 014; 017 & 018); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING
THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2024-0001).”
D. REAL PROPERTY DONATION AND DENSITY TRANSFER AGREEMENT
BETWEEN CITY OF PALM SPRINGS AND WATERMARKE VENTURES LLC, AND
DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to approve the accompanying Real Property Donation and Density Transfer Agreement.
E. APPROVE MASTER SERVICE AGREEMENT NO. 24S377 WITH FLOCK GROUP
INC, FOR REPLACEMENT OF THE CITYWIDE PUBLIC SAFETY CAMERA SYSTEM
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:
1. Approve Master Service Agreement No. 24S377 for $899,982 with Flock Group Inc. for the replacement of the citywide public safety camera system utilizing the BSCC grant funds for a term of three years.
2. Authorize the City Manager or designee to execute all necessary documents.
F. HUMAN RIGHTS COMMISSION
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to grant the Human Rights Commission the ability to resume the consideration of new business effective immediately.
EXCLUDED CONSENT CALENDAR: None.
2. OUTGOING COUNCIL MEMBER COMMENTS
Councilmember Holstege and Counci lmember Middleton provided outgoing councilmember remarks.
The City Council meeting was recessed at 6:19 p.m., during which time Councilmembers Holstege and Middleton vacated their seats. The meeting reconvened at 6:33 p.m.
Item 1A - Page 3
City Council Minutes December 12, 2024
City of Palm Springs DRAFT MINUTES Page 4
3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED PUBLIC OFFICIALS
Brendan Steidle administered the Oath of Office to Councilmember -elect Naomi Soto, representing District 4. Following the swearing-in ceremony, Councilmember Soto assumed her position on the dais.
Lisa Middleton administered the Oath of Office to Councilmember-elect David H. Ready , representing District 5. Following the swearing-in ceremony, Councilmember Ready assumed his position on the dais.
4. INCOMING COUNCILMEMBER COMMENTS
Councilmembers Soto and Ready delivered incoming councilmember remarks.
5. APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to appoint Ron deHarte to the position of Mayor for a one -year term commencing upon appointment.
Supervisor V. Manuel Perez administered Mayor Ron deHarte’s Oath of Office.
The meeting was presided over by the newly appointed Mayor, Ron deHarte.
MOTION BY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to appoint Naomi Soto to the position of Mayor Pro Tem for a one - year term commencing upon appointment.
6. OUTGOING AND INCOMING MAYOR COMMENTS
Councilmember Bernstein delivered outgoing Mayor remarks. Mayor deHarte delivered incoming Mayor remarks.
PUBLIC COMMENT:
David Feltman, John Pavelak, Abraham Ishaq, Michael Pitkin, Dan Gore, and Christy Holstege provided non-agenda oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmembers Bernstein and Ready provided comments.
ADJOURNMENT:
The City Council adjourned the regular meeting of Thursday, December 12, 2024, at 7:38 p.m.
Item 1A - Page 4
City Council Minutes December 12, 2024
City of Palm Springs DRAFT MINUTES Page 5
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 1/9/2025
Item 1A - Page 5
RESOLUTION NO. _____
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 10-26-24 AND 1 1-09-24 TOTALING
$5,711,369.90 AND ACCOUNTS PAYABLE WARRANTS
DATED 10-24-24 AND 11-07-24 TOTALING $20,813,417.75,
IN THE AGGREGATE AMOUNT OF $ 26,524,787.65
DRAWN ON BANK OF AMERICA.
W
HEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and W
HEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
K ristopher J. Mooney
Director of Finance and Treasury
NO
W, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
A
DOPTED THIS 9TH DAY OF JANUARY, 2025.
S COTT STILES
CITY MANAGER
A
TTEST:
BRENDA PREE
CITY CLERK
Item 1AA - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK
Item 1AA - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
PAY DATE 11/1/2024
January 9, 2025
PAYROLL PERIOD ENDING 10/26/2024
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422824-422842 24,947.71
DEFERRED COMP: ICMA 457 55,368.03
LIABILITY CHECK REGISTER 2020179-2020191 25,165.90
PAYROLL DIRECT DEPOSITS 1,941,948.66
FEDERAL TAXES 400,470.33
STATE TAXES 136,965.63
13,559.20
VENDOR WIRE PYMTS 6,579.47
DEFERRED COMP: NATIONWIDE 32,688.40
ICMA RHS CONTRIBUTION 27,050.00
CA DCCS 5,767.21
TOTAL 2,670,510.54
01 09 25 (2) Payroll Wires and Warrants Memo for PPE 102624 | 01092025 |1/2/2025 | 12:29 PM (AM) 1 | 1 Item 1AA - Page 3
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
FLEX SAVINGS ACCOUNT
PAY DATE 11/15/2024
January 9, 2025
PAYROLL PERIOD ENDING 11/9/2024
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422843-422852 16,406.92
DEFERRED COMP: ICMA 457 134,138.37
LIABILITY CHECK REGISTER 2020451-2020463 25,342.46
PAYROLL DIRECT DEPOSITS 2,158,784.25
FEDERAL TAXES 442,788.88
STATE TAXES 149,776.52
13,404.35
VENDOR WIRE PYMTS 6,594.56
DEFERRED COMP: NATIONWIDE 60,781.67
ICMA RHS CONTRIBUTION 27,050.00
CA DCCS 5,791.38
TOTAL 3,040,859.36
01 09 25 (3) Payroll Wires and Warrants Memo for PPE 110924 | 01092025 (2) |1/2/2025 | 12:31 PM (AM) 1 | 1 Item 1AA - Page 4
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2019763 10/24/2024 PRINTED 100824 15000 INC 2,160.00 2019764 10/24/2024 PRINTED 101280 A JUMP N PARTY 694.68 2019765 10/24/2024 PRINTED 104719 AA BEEKEEPER INC 2,350.00 2019766 10/24/2024 PRINTED 100180 AMERICAN ASSOCIATION OF A 36,700.00 2019767 10/24/2024 PRINTED 101208 ABM AVIATION INC 334,517.79 2019768 10/24/2024 PRINTED 100024 ACE PRINTING 1,094.23 2019769 10/24/2024 PRINTED 102166 ACME HOUSE COMPANY 1,072.00 2019770 10/24/2024 PRINTED 101263 ACTION PARK ALLIANCE 393.27 2019771 10/24/2024 PRINTED 101263 ACTION PARK ALLIANCE 39,262.50 2019772 10/24/2024 PRINTED 101354 ADVANTEC CONSULTING ENGIN 377.50 2019773 10/24/2024 PRINTED 104045 ADVEXURE LLC 174,512.98 2019774 10/24/2024 PRINTED 104389 AECOM TECHNICAL SERVICES 62,255.00 2019775 10/24/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 206,315.00 2019776 10/24/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2019777 10/24/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,197.76 2019778 10/24/2024 PRINTED 104401 HEALTH AND HUMAN RESOURCE 1,064.00 2019779 10/24/2024 PRINTED 100218 AGUA CALIENTE BAND OF CAH 12,000.00 2019780 10/24/2024 PRINTED 101254 AIR EXCHANGE INC 924.77 2019781 10/24/2024 PRINTED 104488 AIRPORT ONE LLC 6,000.00 2019782 10/24/2024 PRINTED 100349 AIRPORTS COUNCIL INTERNAT 30,337.00 2019783 10/24/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 3,348.32 2019784 10/24/2024 PRINTED 103800 AJ FISTES CORPORATION 31,532.56 2019785 10/24/2024 PRINTED 100154 AL MILLER AND SONS ROOFIN 22,800.00 2019786 10/24/2024 PRINTED 104946 ALL TERRAIN FIRE SUPPORT 68,035.43 2019787 10/24/2024 PRINTED 101327 ALLIED UNIVERSAL 114,907.65 2019788 10/24/2024 PRINTED 101327 US SECURITY ASSOCIATES IN 111,684.85 2019789 10/24/2024 PRINTED 103797 ALLISON MECHANICAL INC 93,310.29 2019790 10/24/2024 PRINTED 100912 ALPHA MEDIA LLC 168.00 2019791 10/24/2024 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 2,233.68 2019792 10/24/2024 PRINTED 100755 ALTA LANGUAGE SERVICES IN 404.00 2019793 10/24/2024 PRINTED 101245 THE ALTUM GROUP 17,894.33 2019794 10/24/2024 PRINTED 100572 AMAZON COM 530.67 2019795 10/24/2024 PRINTED 103781 AMAZON.COM SALES INC 1,082.29 2019796 10/24/2024 PRINTED 100383 AMERICAN FORENSIC NURSES 3,858.73 2019797 10/24/2024 PRINTED 100565 AMERICAN PUBLIC WORKS ASS 1,370.50 2019798 10/24/2024 PRINTED 104760 AMS PAVING INC 2,684.25 2019799 10/24/2024 PRINTED 104248 AMS.NET INC 5,889.92 2019800 10/24/2024 PRINTED 104726 ACCENTURE LLP 22,750.00 2019801 10/24/2024 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2019802 10/24/2024 PRINTED 104923 AQUATIC STUDIO INC 4,600.00 2019803 10/24/2024 PRINTED 103528 ARCHITECTURAL RESOURCES G 56,601.00 2019804 10/24/2024 PRINTED 104903 ERIC ARROYO 2,840.00 2019805 10/24/2024 PRINTED 100419 MARTIN VINTON WEBSTER 2,990.00 2019806 10/24/2024 PRINTED 100370 AT&T 304.84 2019807 10/24/2024 PRINTED 100765 MUNISERVICES / AVENU INSI 4,612.50 2019808 10/24/2024 PRINTED 101345 LUIS AZARCOYA 500.00 2019809 10/24/2024 PRINTED 100413 B & H PHOTO 614.75 2019810 10/24/2024 PRINTED 101766 BACK NINE GREENS INC 395.00 2019811 10/24/2024 PRINTED 103994 BANNER BANK 49,828.57 2019812 10/24/2024 PRINTED 104979 ANGELICA SOLORIO BAZA 65.00 2019813 10/24/2024 PRINTED 104386 BERG AND ASSOCIATES INC 120,417.34 2019814 10/24/2024 PRINTED 100020 BEST BEST & KRIEGER 268,389.10 Item 1AA - Page 5
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2019815 10/24/2024 PRINTED 101488 BIO SOCAL 3,269.00 2019816 10/24/2024 PRINTED 100366 BIO TOX LABORATORIES 4,371.00 2019817 10/24/2024 PRINTED 100260 BIRDAIR INC 12,460.00 2019818 10/24/2024 PRINTED 101696 BLACK AND WHITE EMERGENCY 6,796.47 2019819 10/24/2024 PRINTED 015747 AMY BLAISDELL 897.68 2019820 10/24/2024 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 1,173,265.85 2019821 10/24/2024 PRINTED 015124 SANDRA BOSLER 102.94 2019822 10/24/2024 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 36,569.00 2019823 10/24/2024 PRINTED 015696 BRIAN DAVIS 110.00 2019824 10/24/2024 PRINTED 101301 BRIGHTLY SOFTWARE INC 2,122.37 2019825 10/24/2024 PRINTED 100128 BRODART CO 6,295.58 2019826 10/24/2024 PRINTED 016021 CHAD BROWN 15.00 2019827 10/24/2024 PRINTED 101331 BRUCE BOWER INVESTIGATION 3,076.84 2019828 10/24/2024 PRINTED 101463 BSN SPORTS LLC 6,374.74 2019829 10/24/2024 PRINTED 015950 DANNY BUDUAN 72.16 2019830 10/24/2024 PRINTED 101203 BUREAU VERITAS NORTH AMER 15,980.00 2019831 10/24/2024 PRINTED 100623 CA BUILDING STANDARDS COM 2,345.40 2019832 10/24/2024 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2019833 10/24/2024 PRINTED 016034 ALVARO CANCHOLA 4,320.14 2019834 10/24/2024 PRINTED 105030 PATRICK CANONGE 1,072.00 2019835 10/24/2024 PRINTED 103604 CAROLLO ENGINEERS INC 2,829.75 2019836 10/24/2024 PRINTED 016155 JAVIER CARRILLO 64.37 2019837 10/24/2024 PRINTED 015562 MICHAEL CASAVAN 278.78 2019838 10/24/2024 PRINTED 101837 CASC ENGINEERING AND CONS 13,754.82 2019839 10/24/2024 PRINTED 011075 ADAM CASE 110.00 2019840 10/24/2024 PRINTED 100343 CAVENAUGH AND ASSOCIATES 1,240.00 2019841 10/24/2024 PRINTED 100112 CDW GOVERNMENT INC 11,823.12 2019842 10/24/2024 PRINTED 103619 CHANDLER ASSET MANAGEMENT 15,209.62 2019843 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 2,200.00 2019844 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 2,000.00 2019845 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 2,314.64 2019846 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 169.98 2019847 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 179.99 2019848 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 124.98 2019849 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 124.98 2019850 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,684.92 2019851 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 299.99 2019852 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 19.99 2019853 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 3,440.23 2019854 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 229.98 2019855 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 254.96 2019856 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 154.99 2019857 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019858 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 119.98 2019859 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 129.99 2019860 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019861 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019862 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,300.00 2019863 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 129.99 2019864 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019865 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019866 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 Item 1AA - Page 6
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2019867 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 209.97 2019868 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,284.47 2019869 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 234.99 2019870 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 165.07 2019871 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019872 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 550.47 2019873 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 219.98 2019874 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 99.99 2019875 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 319.98 2019876 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 109.99 2019877 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,095.74 2019878 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 273.71 2019879 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 209.50 2019880 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 399.15 2019881 10/24/2024 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 2,482.15 2019882 10/24/2024 PRINTED 100353 CHARTER COMMUNICATIONS / 156.23 2019883 10/24/2024 PRINTED 105044 RICK CHRISTIE 2,095.00 2019884 10/24/2024 PRINTED 100558 CINTAS CORPORATION 1,380.18 2019885 10/24/2024 PRINTED 104480 CITYGATE ASSOCIATES LLC 6,710.69 2019886 10/24/2024 PRINTED 100573 CLEAN ENERGY FUELS 2,847.13 2019887 10/24/2024 PRINTED 100308 CLINICAL LABORATORY OF SA 75.00 2019888 10/24/2024 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 2,740.00 2019889 10/24/2024 PRINTED 015397 LUCIANO COLANTUONO 470.00 2019890 10/24/2024 PRINTED 100928 COLANTUONO HIGHSMITH AND 329.50 2019891 10/24/2024 PRINTED 101744 COMPRESSED AIR SPECIALTIE 3,419.10 2019892 10/24/2024 PRINTED 104051 CONVERGINT TECHNOLOGIES L 2,028.00 2019893 10/24/2024 PRINTED 101598 CORODATA RECORDS MANAGEME 71.23 2019894 10/24/2024 PRINTED 100205 NANCY K BOHL INC 6,785.00 2019895 10/24/2024 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 4,458.00 2019896 10/24/2024 PRINTED 100196 COUNTY OF RIVERSIDE 84,829.32 2019897 10/24/2024 PRINTED 101067 COACHELLA VALLEY INDEPEND 484.00 2019898 10/24/2024 PRINTED 100490 COACHELLA VALLEY CONSERVA 1,668.15 2019899 10/24/2024 PRINTED 104833 TREVOR J DALEY 23,487.50 2019900 10/24/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 11,486.92 2019901 10/24/2024 PRINTED 100318 DATA TICKET INC 4,161.08 2019902 10/24/2024 PRINTED 104601 DEANGELO CONTRACTING 24,830.58 2019903 10/24/2024 PRINTED 100265 DELL MARKETING LP 24,749.94 2019904 10/24/2024 PRINTED 101282 DELTA DENTAL OF CALIFORNI 23,809.90 2019905 10/24/2024 PRINTED 100067 DEMCO 108.13 2019906 10/24/2024 PRINTED 100091 STATE OF CA - DEPARTMENT 4,196.73 2019907 10/24/2024 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 3,159.00 2019908 10/24/2024 PRINTED 103589 DESERT ARC 9,470.00 2019909 10/24/2024 PRINTED 100117 DESERT ELECTRIC SUPPLY 6,533.15 2019910 10/24/2024 PRINTED 105017 DESERT OASIS CHAPEL 7,272.64 2019911 10/24/2024 PRINTED 100580 DESERT PROMOTIONAL EMBROI 2,546.93 2019912 10/24/2024 PRINTED 100008 GANNETT CALIFORNIA LOCAL 3,478.29 2019913 10/24/2024 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,566.40 2019914 10/24/2024 PRINTED 016209 JORGE DIAZ 53.24 2019915 10/24/2024 PRINTED 100676 DIVISION OF THE STATE ARC 438.40 2019916 10/24/2024 PRINTED 015897 ALEXANDER DOHERTY 1,100.00 2019917 10/24/2024 PRINTED 100151 DOOLEY ENTERPRISES INC 9,308.31 2019918 10/24/2024 PRINTED 101244 DOWNS ENERGY 30,483.56 Item 1AA - Page 7
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2019919 10/24/2024 PRINTED 100393 GERGIS YOUSEF 8,797.39 2019920 10/24/2024 PRINTED 100294 DUDEK 66,382.25 2019921 10/24/2024 PRINTED 101179 MARIANA DUSPIVA 917.00 2019922 10/24/2024 PRINTED 100054 DESERT WATER AGENCY 31,217.90 2019923 10/24/2024 PRINTED 100054 DESERT WATER AGENCY 2,992.38 2019924 10/24/2024 PRINTED 100054 DESERT WATER AGENCY 3,723.36 2019925 10/24/2024 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2019926 10/24/2024 PRINTED 100305 EISENHOWER MEDICAL CENTER 4,000.00 2019927 10/24/2024 PRINTED 010765 JENNIFER ELLIOT 115.00 2019928 10/24/2024 PRINTED 105029 ELMWOODCAL LLC 800.00 2019929 10/24/2024 PRINTED 104203 EMD CONSTRUCTION INC 37,814.00 2019930 10/24/2024 PRINTED 100274 ENGINEERING RESOURCES OF 4,860.00 2019931 10/24/2024 PRINTED 100226 ENTERPRISE RENT A CAR 1,439.06 2019932 10/24/2024 PRINTED 103029 EVALCORP 46,637.50 2019933 10/24/2024 PRINTED 100217 EWING IRRIGATION PRODUCTS 3,382.07 2019934 10/24/2024 PRINTED 100376 EXPERIAN 75.00 2019935 10/24/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 66.35 2019936 10/24/2024 PRINTED 103451 FIESTA FORD INC 260,191.14 2019937 10/24/2024 PRINTED 101522 FIRESTRONG 1,500.00 2019938 10/24/2024 PRINTED 101194 FLEX ADVANTAGE 666.75 2019939 10/24/2024 PRINTED 104789 FLOCK GROUP INC 7,000.00 2019940 10/24/2024 PRINTED 104699 FRASCA AND ASSOCIATES LLC 17,062.50 2019941 10/24/2024 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,394.30 2019942 10/24/2024 PRINTED 100480 FRIENDS OF THE PS ANIMAL 730.29 2019943 10/24/2024 PRINTED 100480 FRIENDS OF THE PS ANIMAL 722.86 2019944 10/24/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 100.66 2019945 10/24/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 852.11 2019946 10/24/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2019947 10/24/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2019948 10/24/2024 PRINTED 100828 FUSION CLOUD SERVICES LLC 434.34 2019949 10/24/2024 PRINTED 100567 THE GALLERY COLLECTION 962.93 2019950 10/24/2024 PRINTED 100158 GALLS LLC 6,965.33 2019951 10/24/2024 PRINTED 104883 SAMUEL SAUCEDO GALVAN 18,095.00 2019952 10/24/2024 PRINTED 105043 CLAUDIA GARCIA 367.00 2019953 10/24/2024 PRINTED 105021 FREDERICK GEARRIN 480.00 2019954 10/24/2024 PRINTED 100169 GENSLER 204,942.41 2019955 10/24/2024 PRINTED 016058 TRAVIS GILBERT 242.92 2019956 10/24/2024 PRINTED 105035 ISAIAH GOAD 55.89 2019957 10/24/2024 PRINTED 016067 LEANDRA GOSSETT 84.00 2019958 10/24/2024 PRINTED 100072 GRANITE CONSTRUCTION COMP 615,576.04 2019959 10/24/2024 PRINTED 015160 STEPHANIE GREEN 2,116.78 2019960 10/24/2024 PRINTED 105028 EDGAR GRIGORYAN 800.00 2019961 10/24/2024 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 163,514.20 2019962 10/24/2024 PRINTED 016554 DEAN GRUBL 35.51 2019963 10/24/2024 PRINTED 011032 FRANK GUARINO 88.24 2019964 10/24/2024 PRINTED 101672 NPG BROADCAST/GULF CALIFO 2,130.00 2019965 10/24/2024 PRINTED 101672 GULF CALIFORNIA BROADCAST 845.00 2019966 10/24/2024 PRINTED 103998 JANE M GUY 553.00 2019967 10/24/2024 PRINTED 100037 HAJOCA CORPORATION 7,952.29 2019968 10/24/2024 PRINTED 016307 JEREMY HAMMOND 822.50 2019969 10/24/2024 PRINTED 015811 ALI HARANDI 153.74 2019970 10/24/2024 PRINTED 100564 HARRELL COMPANY ADVISORS 16,211.00 Item 1AA - Page 8
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2019971 10/24/2024 PRINTED 101343 HARRIS AND ASSOCIATES INC 137,537.30 2019972 10/24/2024 PRINTED 016344 DANIEL HARTIGAN 153.35 2019973 10/24/2024 PRINTED 104383 HD SUPPLY INC 3,414.26 2019974 10/24/2024 PRINTED 102960 HI GRADE MATERIALS CO 1,897.89 2019975 10/24/2024 PRINTED 100729 HIRE RIGHT LLC 1,018.55 2019976 10/24/2024 PRINTED 101804 HONEYWELL ANALYTICS INC 1,155.00 2019977 10/24/2024 PRINTED 104373 HR GREEN PACIFIC INC 7,274.75 2019978 10/24/2024 PRINTED 010884 WILLIAM HUTCHINSON 83.24 2019979 10/24/2024 PRINTED 103588 IED SUPPORT SERVICES LLC 51,395.00 2019980 10/24/2024 PRINTED 100494 IMAGE360 - PALM DESERT 1,116.88 2019981 10/24/2024 PRINTED 105008 IMPERIAL COUNTY OFFICE OF 4,458.84 2019982 10/24/2024 PRINTED 103681 IMPRENTA COMMUNICATIONS G 4,850.00 2019983 10/24/2024 PRINTED 100483 INFOSAT 226.38 2019984 10/24/2024 PRINTED 016108 JOHNATHAN INGRAM 359.12 2019985 10/24/2024 PRINTED 101790 INLAND LIBRARY SYSTEM 485.00 2019986 10/24/2024 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 15,820.20 2019987 10/24/2024 PRINTED 103170 CONTROLTOUCH SYSTEMS LLC 4,867.20 2019988 10/24/2024 PRINTED 100119 INTERACTIVE DESIGN CORPOR 17,766.75 2019989 10/24/2024 PRINTED 104298 INTERVISTAS CONSULTING US 107,920.54 2019990 10/24/2024 PRINTED 101727 IRON MOUNTAIN 844.14 2019991 10/24/2024 PRINTED 101364 IT1 SOURCE LLC 52,098.15 2019992 10/24/2024 PRINTED 104038 J & L AUTO BODY INC 26,085.93 2019993 10/24/2024 PRINTED 103751 JOBELEPHANT.COM INC 444.95 2019994 10/24/2024 PRINTED 016657 TANNER JOHNSON 1,212.14 2019995 10/24/2024 PRINTED 105040 TRUE JONES 65.00 2019996 10/24/2024 PRINTED 103525 KGAY PSP CORPORATION 1,900.00 2019997 10/24/2024 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 93,808.25 2019998 10/24/2024 PRINTED 101606 KINCAID INDUSTRIES INC 7,395.74 2019999 10/24/2024 PRINTED 016436 MAX KIRK 293.45 2020000 10/24/2024 PRINTED 104139 DIRK KLICK 192.59 2020001 10/24/2024 PRINTED 105039 ROBERT KLINE 500.00 2020002 10/24/2024 PRINTED 104712 KOUNKUEY DESIGN INITIATIV 7,036.00 2020003 10/24/2024 PRINTED 101785 KRONOS 4,026.44 2020004 10/24/2024 PRINTED 100127 L N CURTIS AND SONS 3,660.00 2020005 10/24/2024 PRINTED 101475 LA PRENSA HISPANA INC 5,550.00 2020006 10/24/2024 PRINTED 016014 JASON LAMB 75.00 2020007 10/24/2024 PRINTED 100606 LANCE SOLL AND LUNGHARD L 127.98 2020008 10/24/2024 PRINTED 105009 LAW ENFORCEMENT MEDICAL S 1,127.00 2020009 10/24/2024 PRINTED 016428 JUSTIN LAWLER 43.60 2020010 10/24/2024 PRINTED 101225 LAZ PARKING CALIFORNIA LL 25,591.92 2020011 10/24/2024 PRINTED 102444 LIFT TO RISE 250.00 2020012 10/24/2024 PRINTED 101260 THE LLOYD PEST CONTROL 2,179.00 2020013 10/24/2024 PRINTED 101309 LNRS DATA SERVICES INC. 1,906.95 2020014 10/24/2024 PRINTED 016086 ALFREDO LOPEZ 268.86 2020015 10/24/2024 PRINTED 015206 GRISELDA LOPEZ 263.51 2020016 10/24/2024 PRINTED 100849 MANSFIELD POWER AND GAS L 56,893.01 2020017 10/24/2024 PRINTED 104957 ROBERTO GARCIA 1,700.00 2020018 10/24/2024 PRINTED 101210 MARIPOSA LANDSCAPES INC. 149,277.96 2020019 10/24/2024 PRINTED 100074 MATICH CORPORATION 1,689,873.29 2020020 10/24/2024 PRINTED 101253 MAXIMUM SECURITY ALARM SY 3,662.66 2020021 10/24/2024 PRINTED 016358 ALLEN MCNABB 477.76 2020022 10/24/2024 PRINTED 104269 MEAD AND HUNT INC 165,686.63 Item 1AA - Page 9
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020023 10/24/2024 PRINTED 104365 MEDIWASTE DISPOSAL LLC 235.00 2020024 10/24/2024 PRINTED 105036 DAWN MEE 683.00 2020025 10/24/2024 PRINTED 016290 DANIEL MEIER 894.23 2020026 10/24/2024 PRINTED 016128 KENNETH MERENDA 1,594.21 2020027 10/24/2024 PRINTED 104659 BC PRINT AND CO 1,556.81 2020028 10/24/2024 PRINTED 101614 METROPOLITAN TRANSPORTATI 3,500.00 2020029 10/24/2024 PRINTED 105027 MICON CONSTRUCTION INC 3,905.02 2020030 10/24/2024 PRINTED 101798 MIDWEST TAPE INC 4,446.73 2020031 10/24/2024 PRINTED 016175 CHERIE MILLER 115.07 2020032 10/24/2024 PRINTED 100266 MIRACLE RECREATION EQUIPM 110,687.53 2020033 10/24/2024 PRINTED 103926 MUNICIPAL INFORMATION TEC 1,500.00 2020034 10/24/2024 PRINTED 100079 MOHICA TOWING 2,877.20 2020035 10/24/2024 PRINTED 104134 MOORE FENCE COMPANY INC 9,488.29 2020036 10/24/2024 PRINTED 105026 ZACHARY MORNINGSTAR 65.00 2020037 10/24/2024 PRINTED 016018 WILLIAM MOSS 120.00 2020038 10/24/2024 PRINTED 101855 MOTOWORX GARAGE 3,041.20 2020039 10/24/2024 PRINTED 101211 NAI CONSULTING 12,763.00 2020040 10/24/2024 PRINTED 100148 NALCO COMPANY 7,220.62 2020041 10/24/2024 PRINTED 103465 DESERT AREA CORPORATION 7,714.20 2020042 10/24/2024 PRINTED 101569 NEARMAP US INC 10,000.00 2020043 10/24/2024 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 110,895.13 2020044 10/24/2024 PRINTED 104057 DONNA S NEWTON 686.00 2020045 10/24/2024 PRINTED 100417 NI GOVERNMENT SERVICES IN 309.85 2020046 10/24/2024 PRINTED 105024 CRISTIAN OCHOA 65.00 2020047 10/24/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 12,949.26 2020048 10/24/2024 PRINTED 104266 OFRS INC 166,925.88 2020049 10/24/2024 PRINTED 103889 OLLIN DOCK & DOOR INC 3,702.55 2020050 10/24/2024 PRINTED 100052 ORANGE COUNTY SHERIFFS DE 175.00 2020051 10/24/2024 PRINTED 104776 OTW HOLDING COMPANY 57,899.66 2020052 10/24/2024 PRINTED 102408 OUR LADY OF SOLITUDE CHUR 949.00 2020053 10/24/2024 PRINTED 100282 PACIFIC PRODUCTS AND SERV 10,703.68 2020054 10/24/2024 PRINTED 100560 PALM DESERT CHAMBER OF CO 425.00 2020055 10/24/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 260.00 2020056 10/24/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2020057 10/24/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 7,500.00 2020058 10/24/2024 PRINTED 100087 PALM SPRINGS INTL FILM SO 50,000.00 2020059 10/24/2024 PRINTED 100133 PALM SPRINGS MOTORS 76.07 2020060 10/24/2024 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 57.00 2020061 10/24/2024 PRINTED 016296 FEDERICO PAZ 364.50 2020062 10/24/2024 PRINTED 015423 FRANCO PINEDA 163.85 2020063 10/24/2024 PRINTED 105015 THE PITNEY BOWES BANK 4,373.15 2020064 10/24/2024 PRINTED 101434 PLACEWORKS 7,051.94 2020065 10/24/2024 PRINTED 103562 PLANETBIDS INC 6,612.37 2020066 10/24/2024 PRINTED 101374 PRECISION TECHNOLOGIES 15,345.31 2020067 10/24/2024 PRINTED 101674 PROCAST PRODUCTS INC 513.48 2020068 10/24/2024 PRINTED 101767 PROFORMA SOCAL 112.56 2020069 10/24/2024 PRINTED 100596 PROPER SOLUTIONS INC 51,897.01 2020070 10/24/2024 PRINTED 100654 PS RESORTS 57,552.64 2020071 10/24/2024 PRINTED 103895 PUB CONSTRUCTION INC 8,767.00 2020072 10/24/2024 PRINTED 101230 R S AND H CALIFORNIA INC 18,832.08 2020073 10/24/2024 PRINTED 016160 JACOB RAGSDALE 110.00 2020074 10/24/2024 PRINTED 105025 ANTHONY RAMIREZ 65.00 Item 1AA - Page 10
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020075 10/24/2024 PRINTED 016394 GRACIELA RAMOS 265.46 2020076 10/24/2024 PRINTED 101629 THE RAMSAY GROUP 6,600.00 2020077 10/24/2024 PRINTED 101527 RATTLE TECH LLC 510.00 2020078 10/24/2024 PRINTED 104173 TODD REEVES 102.19 2020079 10/24/2024 PRINTED 100658 RAP FOUNDATION/SENIOR INS 4,000.00 2020080 10/24/2024 PRINTED 015970 MAX REYNOSO 93.52 2020081 10/24/2024 PRINTED 016253 YASLIN MUNOZ REYNOSO 115.00 2020082 10/24/2024 PRINTED 015842 RICHARD SALOMON 75.00 2020083 10/24/2024 PRINTED 016282 ARTHUR RICHARTE 518.23 2020084 10/24/2024 PRINTED 016658 JOHN RIOS 1,334.37 2020085 10/24/2024 PRINTED 100086 RIVERSIDE COMMUNITY COLLE 5,589.00 2020086 10/24/2024 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 20,212.00 2020087 10/24/2024 PRINTED 103678 ROADRUNNER PRINTING AND S 1,594.74 2020088 10/24/2024 PRINTED 016549 DUSTIN ROW 950.00 2020089 10/24/2024 PRINTED 101545 RYAN CAMPBELL 42,166.00 2020090 10/24/2024 PRINTED 015896 FRANCISCO SALGADO 1,100.00 2020091 10/24/2024 PRINTED 015690 STEVEN SANDERS 329.66 2020092 10/24/2024 PRINTED 101542 SC COMMERCIAL 17,460.32 2020093 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 62.35 2020094 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 364.14 2020095 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 21.72 2020096 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 400.16 2020097 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 101.39 2020098 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 659.09 2020099 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,895.62 2020100 10/24/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 74,536.75 2020101 10/24/2024 PRINTED 104754 SDI PRESENCE LLC 17,884.54 2020102 10/24/2024 PRINTED 015851 SHAWN ARDEN 635.00 2020103 10/24/2024 PRINTED 100435 THE SHREDDERS 350.00 2020104 10/24/2024 PRINTED 103804 WEST AVIATION SERVICES-SA 28,140.00 2020105 10/24/2024 PRINTED 105045 KEN SIM 597.00 2020106 10/24/2024 PRINTED 104991 DOT ORIGIN INC 7,276.05 2020107 10/24/2024 PRINTED 016462 BRAYDEN SMITH 729.00 2020108 10/24/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 22.22 2020109 10/24/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 213.98 2020110 10/24/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 12,586.15 2020111 10/24/2024 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,038.00 2020112 10/24/2024 PRINTED 101677 SOCAL PPE LLC 1,719.12 2020113 10/24/2024 PRINTED 100000 SOUTH COAST AQMD 2,815.92 2020114 10/24/2024 PRINTED 100000 SOUTH COAST AQMD 1,143.01 2020115 10/24/2024 PRINTED 104441 SOUTHSTAR ENGINEERING AND 6,760.00 2020116 10/24/2024 PRINTED 100577 SPARKLETTS - DS SERVICES 71.94 2020117 10/24/2024 PRINTED 100120 SPOK INC 52.05 2020118 10/24/2024 PRINTED 104536 MICHELLE BROWN 3,403.14 2020119 10/24/2024 PRINTED 101356 ST FRANCIS ELECTRIC LLC 56,746.40 2020120 10/24/2024 PRINTED 103901 STEVE P RADOS INC 946,742.92 2020121 10/24/2024 PRINTED 105042 STOKER CONSTRUCTION INC 800.00 2020122 10/24/2024 PRINTED 016437 CLYDE SUMMERS 305.00 2020123 10/24/2024 PRINTED 104938 SUNBELT RENTALS INC 3,913.06 2020124 10/24/2024 PRINTED 100340 SUPERIOR PAVEMENT MARKING 24,684.95 2020125 10/24/2024 PRINTED 104878 SVT FLEET LLC 5,105.77 2020126 10/24/2024 PRINTED 100591 MOVIE LICENSING USA 1,350.00 Item 1AA - Page 11
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020127 10/24/2024 PRINTED 103782 T-MOBILE USA INC 100.00 2020128 10/24/2024 PRINTED 104469 TANGO TANGO INC 2,990.00 2020129 10/24/2024 PRINTED 100900 TERRA NOVA PLANNING AND R 29,103.07 2020130 10/24/2024 PRINTED 103046 TERRACON CONSULTANTS INC 5,332.00 2020131 10/24/2024 PRINTED 104602 TETRA TECH INC 10,669.43 2020132 10/24/2024 PRINTED 103881 THERMAX INC 20,362.00 2020133 10/24/2024 PRINTED 104096 TILDEN COIL CONSTRUCTORS 266,931.35 2020134 10/24/2024 PRINTED 104184 TK ELEVATOR CORPORATION 5,551.65 2020135 10/24/2024 PRINTED 015151 HEATHER TOPLIFF 2,587.23 2020136 10/24/2024 PRINTED 100031 TOPS N BARRICADES INC 16,160.00 2020137 10/24/2024 PRINTED 016612 JOSEPH TORRES 352.20 2020138 10/24/2024 PRINTED 016035 MICHAEL TORRES 2,100.00 2020139 10/24/2024 PRINTED 015883 MIGUEL TORRES 11.32 2020140 10/24/2024 PRINTED 104308 WS CHIEF CORNERSTONE INC 205.00 2020141 10/24/2024 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,250.00 2020142 10/24/2024 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2020143 10/24/2024 PRINTED 105023 CHRISTOPHER TREJO 65.00 2020144 10/24/2024 PRINTED 105041 TRI STATE GENERAL CONTRAC 800.00 2020145 10/24/2024 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 2,250.00 2020146 10/24/2024 PRINTED 102712 TSG ENTERPRISES, INC. 2,500.00 2020147 10/24/2024 PRINTED 100396 ULINE 4,144.67 2020148 10/24/2024 PRINTED 016345 JASON UNDERWOOD 962.16 2020149 10/24/2024 PRINTED 104834 UNIFIRST CORPORATION 2,045.82 2020150 10/24/2024 PRINTED 100469 UNITED CONDOMINIUM CORPOR 135,181.00 2020151 10/24/2024 PRINTED 100295 US BANK CORPORATE PAYMENT 200,338.44 2020152 10/24/2024 PRINTED 100384 US BANK 6,050.00 2020153 10/24/2024 PRINTED 100252 USDA APHIS 22,134.05 2020154 10/24/2024 PRINTED 100200 VALLEY LOCK AND SAFE 14,624.18 2020155 10/24/2024 PRINTED 103893 VALLEY VOICE MEDIA 1,150.00 2020156 10/24/2024 PRINTED 015945 JUAN VASQUEZ 842.42 2020157 10/24/2024 PRINTED 100129 VCA ANIMAL HOSPITALS INC 581.23 2020158 10/24/2024 PRINTED 104034 VERDE FACILITIES SERVICES 82,504.47 2020159 10/24/2024 PRINTED 100621 VERIZON BUSINESS 237.33 2020160 10/24/2024 PRINTED 100144 VERIZON WIRELESS 8,346.37 2020161 10/24/2024 PRINTED 100144 VERIZON WIRELESS 2,594.44 2020162 10/24/2024 PRINTED 100050 VISION SERVICE PLAN 6,777.10 2020163 10/24/2024 PRINTED 100121 VISIT GREATER PALM SPRING 228,489.03 2020164 10/24/2024 PRINTED 100121 VISIT GREATER PALM SPRING 48,732.11 2020165 10/24/2024 PRINTED 101537 VISUAL EDGE INC 9,007.07 2020166 10/24/2024 PRINTED 101277 VOHNE LICHE KENNELS INC 150.00 2020167 10/24/2024 PRINTED 105018 VOLGISTICS INC 1,224.00 2020168 10/24/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 7,074.16 2020169 10/24/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 2,831.00 2020170 10/24/2024 PRINTED 100222 WEST COAST ARBORISTS INC 140,745.00 2020171 10/24/2024 PRINTED 104570 WEST COAST TURF 50.75 2020172 10/24/2024 PRINTED 100233 WESTERN PUMP INC. 257.50 2020173 10/24/2024 PRINTED 103973 WEX HEALTH INC 2,949.50 2020174 10/24/2024 PRINTED 100097 WHITEWATER ROCK & SUPPLY 946.11 2020175 10/24/2024 PRINTED 100299 WILLDAN FINANCIAL SERVICE 3,042.00 2020176 10/24/2024 PRINTED 015936 BRANDON WRIGHT 110.00 2020177 10/24/2024 PRINTED 100908 YAMADA SPA MANAGEMENT INC 367.50 2020178 10/24/2024 PRINTED 104909 YIFTEE INC 25,000.00 Item 1AA - Page 12
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 416 CHECKS CASH ACCOUNT TOTAL 11,377,815.76 .00 Item 1AA - Page 13
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/24/2024 10:08
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
416 CHECKS FINAL TOTAL 11,377,815.76 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1AA - Page 14
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020192 11/07/2024 PRINTED 104375 4LEAF INC 8,120.00 2020193 11/07/2024 PRINTED 105058 A PORTOLESI CONSTRUCTION 800.00 2020194 11/07/2024 PRINTED 100024 ACE PRINTING 718.87 2020195 11/07/2024 PRINTED 100292 ADMINSURE INC 20,593.00 2020196 11/07/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 1,247.52 2020197 11/07/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2020198 11/07/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 206,315.00 2020199 11/07/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 10,608.96 2020200 11/07/2024 PRINTED 100403 AETNA 21,069.00 2020201 11/07/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 6,221.34 2020202 11/07/2024 PRINTED 100154 AL MILLER AND SONS ROOFIN 1,000.00 2020203 11/07/2024 PRINTED 104599 MAMCO INC 819,286.18 2020204 11/07/2024 PRINTED 015931 GILBERTO PEDRO ALCARAZ 36.14 2020205 11/07/2024 PRINTED 103797 ALLISON MECHANICAL INC 9,560.47 2020206 11/07/2024 PRINTED 100912 ALPHA MEDIA LLC 4,388.00 2020207 11/07/2024 PRINTED 101245 THE ALTUM GROUP 5,355.75 2020208 11/07/2024 PRINTED 103781 AMAZON.COM SALES INC 1,582.94 2020209 11/07/2024 PRINTED 104449 AMERICAN AVIATION PROFESS 9,000.00 2020210 11/07/2024 PRINTED 100383 AMERICAN FORENSIC NURSES 2,598.96 2020211 11/07/2024 PRINTED 100565 AMERICAN PUBLIC WORKS ASS 178.50 2020212 11/07/2024 PRINTED 015919 JOSE ARELLANO 588.91 2020213 11/07/2024 PRINTED 103528 ARCHITECTURAL RESOURCES G 38,648.54 2020214 11/07/2024 PRINTED 103528 ARCHITECTURAL RESOURCES G 9,054.26 2020215 11/07/2024 PRINTED 100668 ASCAP 445.67 2020216 11/07/2024 PRINTED 104905 ASM CONSULTING & INVESTIG 3,411.84 2020217 11/07/2024 PRINTED 103384 AVIATRIX COMMUNICATIONS 800.00 2020218 11/07/2024 PRINTED 100413 B & H PHOTO 10,942.44 2020219 11/07/2024 PRINTED 103994 BANNER BANK 10,371.43 2020220 11/07/2024 PRINTED 101049 MARY BARSALEAU 1,053.50 2020221 11/07/2024 PRINTED 104691 BBG INC 227,500.00 2020222 11/07/2024 PRINTED 016563 AARON BERGESON 125.00 2020223 11/07/2024 PRINTED 100020 BEST BEST & KRIEGER 472,579.63 2020224 11/07/2024 PRINTED 101488 BIO SOCAL 1,997.00 2020225 11/07/2024 PRINTED 100366 BIO TOX LABORATORIES 3,182.00 2020226 11/07/2024 PRINTED 101696 BLACK AND WHITE EMERGENCY 6,433.92 2020227 11/07/2024 PRINTED 105046 TERRY BROWN 65.00 2020228 11/07/2024 PRINTED 101331 BRUCE BOWER INVESTIGATION 1,200.00 2020229 11/07/2024 PRINTED 103604 CAROLLO ENGINEERS INC 2,483.50 2020230 11/07/2024 PRINTED 016293 VICTORIA CARPENTER 1,383.62 2020231 11/07/2024 PRINTED 016289 MICHAEL CARVER 1,137.70 2020232 11/07/2024 PRINTED 100112 CDW GOVERNMENT INC 1,598.63 2020233 11/07/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 199.99 2020234 11/07/2024 PRINTED 100558 CINTAS CORPORATION 546.11 2020235 11/07/2024 PRINTED 100573 CLEAN ENERGY FUELS 2,898.69 2020236 11/07/2024 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 8,220.00 2020237 11/07/2024 PRINTED 101947 COACHELLA VALLEY DERBY GI 137.00 2020238 11/07/2024 PRINTED 104778 COMMONWEALTH BUSINESS BAN 69,589.17 2020239 11/07/2024 PRINTED 104082 CONSORTECH SOLUTIONS INC 15,000.00 2020240 11/07/2024 PRINTED 100205 NANCY K BOHL INC 2,325.00 2020241 11/07/2024 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 5,980.00 2020242 11/07/2024 PRINTED 105019 KIMBERLY HERRERA CRUZ 5,872.19 2020243 11/07/2024 PRINTED 100490 COACHELLA VALLEY CONSERVA 5,004.45 Item 1AA - Page 15
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020244 11/07/2024 PRINTED 104945 CVL ECONOMICS LLC 20,541.67 2020245 11/07/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 14,637.13 2020246 11/07/2024 PRINTED 104601 DEANGELO CONTRACTING 14,765.34 2020247 11/07/2024 PRINTED 100265 DELL MARKETING LP 31,381.03 2020248 11/07/2024 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,186.44 2020249 11/07/2024 PRINTED 100067 DEMCO 98.73
2020250 11/07/2024 PRINTED 103589 DESERT ARC 500.00
2020251 11/07/2024 PRINTED 100048 DESERT FIRE EXTINGUISHER 1,920.00 2020252 11/07/2024 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 928.86 2020253 11/07/2024 PRINTED 016209 JORGE DIAZ 75.00
2020254 11/07/2024 PRINTED 100254 DOKKEN ENGINEERING 27,430.91 2020255 11/07/2024 PRINTED 100151 DOOLEY ENTERPRISES INC 3,702.60 2020256 11/07/2024 PRINTED 101244 DOWNS ENERGY 31,375.78 2020257 11/07/2024 PRINTED 100393 GERGIS YOUSEF 3,004.59 2020258 11/07/2024 PRINTED 100393 GERGIS YOUSEF 16,991.47 2020259 11/07/2024 PRINTED 101179 MARIANA DUSPIVA 1,862.00 2020260 11/07/2024 PRINTED 100054 DESERT WATER AGENCY 46,429.57 2020261 11/07/2024 PRINTED 100054 DESERT WATER AGENCY 17,116.20 2020262 11/07/2024 PRINTED 100054 DESERT WATER AGENCY 500.00 2020263 11/07/2024 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2020264 11/07/2024 PRINTED 101293 ENGIE SERVICES U.S. INC. 204,644.58 2020265 11/07/2024 PRINTED 100274 ENGINEERING RESOURCES OF 23,114.22 2020266 11/07/2024 PRINTED 100274 ENGINEERING RESOURCES OF 37,899.25 2020267 11/07/2024 PRINTED 100226 ENTERPRISE RENT A CAR 1,736.77 2020268 11/07/2024 PRINTED 101496 ESCOBEDO ENTERPRISES 1,500.00 2020269 11/07/2024 PRINTED 101478 ESO SOLUTIONS INC 11,407.17 2020270 11/07/2024 PRINTED 100376 EXPERIAN 75.00
2020271 11/07/2024 PRINTED 103451 FIESTA FORD INC 1,384.98 2020272 11/07/2024 PRINTED 015995 BRENT FRANCIS 75.00
2020273 11/07/2024 PRINTED 104699 FRASCA AND ASSOCIATES LLC 18,837.50 2020274 11/07/2024 PRINTED 100480 FRIENDS OF THE PS ANIMAL 106,534.90 2020275 11/07/2024 PRINTED 100480 FRIENDS OF THE PS ANIMAL 722.86 2020276 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.24 2020277 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,124.95 2020278 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 486.41 2020279 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,421.34 2020280 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 852.11 2020281 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,815.38 2020282 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 90.30 2020283 11/07/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 160.48 2020284 11/07/2024 PRINTED 103920 FUEL PROS INC 59,349.00 2020285 11/07/2024 PRINTED 016363 TERESA GALLAVAN 744.96 2020286 11/07/2024 PRINTED 016632 DEMETRIUS GENERA 75.00 2020287 11/07/2024 PRINTED 104595 GENESIS FLOOR COVERING IN 115,335.00 2020288 11/07/2024 PRINTED 100169 GENSLER 32,631.50
2020289 11/07/2024 PRINTED 105060 EBEN GEORGE 400.35
2020290 11/07/2024 PRINTED 101097 KEVIN J GERBER 67.00
2020291 11/07/2024 PRINTED 103948 PUSH MEDIA INC 118,348.12 2020292 11/07/2024 PRINTED 103824 GOVOS INC 7,500.00
2020293 11/07/2024 PRINTED 105051 GALVIN PRESERVATION ASSOC 162.58 2020294 11/07/2024 PRINTED 100072 GRANITE CONSTRUCTION COMP 46,000.00 2020295 11/07/2024 PRINTED 016554 DEAN GRUBL 534.13
Item 1AA - Page 16
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020296 11/07/2024 PRINTED 103998 JANE M GUY 553.00 2020297 11/07/2024 PRINTED 104807 HARDY AND HARPER INC 30,000.00 2020298 11/07/2024 PRINTED 101343 HARRIS AND ASSOCIATES INC 198,915.56 2020299 11/07/2024 PRINTED 104744 HAZEN AND SAWYER DPC 25,924.62 2020300 11/07/2024 PRINTED 104383 HD SUPPLY INC 5,352.50 2020301 11/07/2024 PRINTED 104383 HD SUPPLY INC 2,986.16 2020302 11/07/2024 PRINTED 102960 HI GRADE MATERIALS CO 733.66 2020303 11/07/2024 PRINTED 104373 HR GREEN PACIFIC INC 4,465.25 2020304 11/07/2024 PRINTED 104722 WAYNE MCAFEE 5,800.00 2020305 11/07/2024 PRINTED 100483 INFOSAT 226.38 2020306 11/07/2024 PRINTED 016543 FRANCIS J INGRASSIA 828.41 2020307 11/07/2024 PRINTED 103170 CONTROLTOUCH SYSTEMS LLC 5,917.20 2020308 11/07/2024 PRINTED 101727 IRON MOUNTAIN 1,278.20 2020309 11/07/2024 PRINTED 101364 IT1 SOURCE LLC 36,265.53 2020310 11/07/2024 PRINTED 105047 TRAVIS KARLEN 474.74 2020311 11/07/2024 PRINTED 016551 KATRINA KAUHANE 87.40 2020312 11/07/2024 PRINTED 103525 KGAY PSP CORPORATION 300.00 2020313 11/07/2024 PRINTED 016008 NORIKO KIKUCHI 432.00 2020314 11/07/2024 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 12,250.00 2020315 11/07/2024 PRINTED 101606 KINCAID INDUSTRIES INC 101,697.36 2020316 11/07/2024 PRINTED 100127 L N CURTIS AND SONS 1,228.70 2020317 11/07/2024 PRINTED 016065 MARK LAMBERMONT 1,628.22 2020318 11/07/2024 PRINTED 016428 JUSTIN LAWLER 266.32 2020319 11/07/2024 PRINTED 101225 LAZ PARKING CALIFORNIA LL 25,591.92 2020320 11/07/2024 PRINTED 101713 LESAR DEVELOPMENT CONSULT 6,352.50 2020321 11/07/2024 PRINTED 101309 LNRS DATA SERVICES INC. 1,906.95 2020322 11/07/2024 PRINTED 103726 LY ENVIRONMENTAL INC 1,950.00 2020323 11/07/2024 PRINTED 015510 KEN LYON 3.08 2020324 11/07/2024 PRINTED 016535 DANA MACALLISTER JR 1,715.89 2020325 11/07/2024 PRINTED 011022 JAIME MACIAS 1,419.17 2020326 11/07/2024 PRINTED 101525 MANMADE ENTERTAINMENT PRO 13,000.00 2020327 11/07/2024 PRINTED 101210 MARIPOSA LANDSCAPES, INC. 74,638.98 2020328 11/07/2024 PRINTED 101513 MARTHA'S VILLAGE AND KITC 400,297.62 2020329 11/07/2024 PRINTED 105048 STACIE MARTIN 757.37 2020330 11/07/2024 PRINTED 100074 MATICH CORPORATION 253,032.71 2020331 11/07/2024 PRINTED 101253 MAXIMUM SECURITY ALARM SY 7,018.83 2020332 11/07/2024 PRINTED 101798 MIDWEST TAPE INC 1,558.63 2020333 11/07/2024 PRINTED 015957 MICHAEL MILAN 207.71 2020334 11/07/2024 PRINTED 100009 MIZELL CENTER 220.76 2020335 11/07/2024 PRINTED 103896 MOHAWK COMMERCIAL INC 6,547.42 2020336 11/07/2024 PRINTED 100079 MOHICA TOWING 875.00 2020337 11/07/2024 PRINTED 104649 MOSAIC PUBLIC PARTNERS LL 10,000.00 2020338 11/07/2024 PRINTED 101748 MOTOROLA SOLUTIONS INC 50,838.25 2020339 11/07/2024 PRINTED 101855 MOTOWORX GARAGE 1,049.64 2020340 11/07/2024 PRINTED 101304 MWH CONSTRUCTORS INC 78,000.60 2020341 11/07/2024 PRINTED 101211 NAI CONSULTING 23,446.37 2020342 11/07/2024 PRINTED 103465 DESERT AREA CORPORATION 8,106.70 2020343 11/07/2024 PRINTED 104445 NATIONAL SAFETY SERVICES 7,660.00 2020344 11/07/2024 PRINTED 103899 MARLON NAVARRO 350.00 2020345 11/07/2024 PRINTED 104534 BENEVATE LLC 13,500.00 2020346 11/07/2024 PRINTED 104057 DONNA S NEWTON 1,456.00 2020347 11/07/2024 PRINTED 105049 ETHAN NEWTON 614.64 Item 1AA - Page 17
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020348 11/07/2024 PRINTED 104634 PHONG NGUYEN MD APC 888.00 2020349 11/07/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 59,113.08 2020350 11/07/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,033.82 2020351 11/07/2024 PRINTED 103889 OLLIN DOCK & DOOR INC 47,954.96 2020352 11/07/2024 PRINTED 016580 WAYNE OLSON 3,215.24 2020353 11/07/2024 PRINTED 105052 OPTISIGNS INC 2,430.00 2020354 11/07/2024 PRINTED 104776 OTW HOLDING COMPANY 969.74 2020355 11/07/2024 PRINTED 100282 PACIFIC PRODUCTS AND SERV 4,544.80 2020356 11/07/2024 PRINTED 104947 PACKET FUSION INC 25,166.99 2020357 11/07/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2020358 11/07/2024 PRINTED 100003 PALM SPRINGS DISPOSAL SER 40,701.83 2020359 11/07/2024 PRINTED 100210 PALM SPRINGS HISTORICAL S 78,771.42 2020360 11/07/2024 PRINTED 104993 DESERT VALLEY RESTORATION 17,561.17 2020361 11/07/2024 PRINTED 105015 THE PITNEY BOWES BANK 3,413.98 2020362 11/07/2024 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 3,679.34 2020363 11/07/2024 PRINTED 103521 PLAZA TOWING INC 1,050.00 2020364 11/07/2024 PRINTED 101374 PRECISION TECHNOLOGIES 10,748.59 2020365 11/07/2024 PRINTED 101674 PROCAST PRODUCTS INC 256.74 2020366 11/07/2024 PRINTED 100596 PROPER SOLUTIONS INC 44,942.72 2020367 11/07/2024 PRINTED 104548 PALM SPRINGS SISTER CITIE 1,000.00 2020368 11/07/2024 PRINTED 101658 THE PUN GROUP LLP 23,200.00 2020369 11/07/2024 PRINTED 100307 PYRO SPECTACULARS INC 8,500.00 2020370 11/07/2024 PRINTED 103563 PYRO-COMM SYSTEMS INC 140.00 2020371 11/07/2024 PRINTED 101642 QUENCH USA INC 107.07 2020372 11/07/2024 PRINTED 101230 R S AND H CALIFORNIA INC 18,827.84 2020373 11/07/2024 PRINTED 104304 RAMON MEDILLIN 350.00 2020374 11/07/2024 PRINTED 101527 RATTLE TECH LLC 510.00 2020375 11/07/2024 PRINTED 101557 RCA INVESTMENTS DBA LONG 201,854.75 2020376 11/07/2024 PRINTED 101739 REFRIGERATION SUPPLIES DI 2,697.51 2020377 11/07/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2020378 11/07/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 2,814.00 2020379 11/07/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 50.00 2020380 11/07/2024 PRINTED 016432 SHAUN ROSS 250.00 2020381 11/07/2024 PRINTED 101542 SC COMMERCIAL 14,012.59 2020382 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,063.35 2020383 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 40.41 2020384 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 340.51 2020385 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,230.95 2020386 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 9,265.13 2020387 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 101.45 2020388 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 108.52 2020389 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,505.82 2020390 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10.32 2020391 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 52.37 2020392 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.69 2020393 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 119.48 2020394 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 31,685.44 2020395 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 11.55 2020396 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 41,550.03 2020397 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,551.23 2020398 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 30.37 2020399 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 190.74 Item 1AA - Page 18
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2020400 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 592.69 2020401 11/07/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,092.89 2020402 11/07/2024 PRINTED 015517 RONALD SKYBERG 1,233.28 2020403 11/07/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 601.44 2020404 11/07/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 321.38 2020405 11/07/2024 PRINTED 101677 SOCAL PPE LLC 573.04 2020406 11/07/2024 PRINTED 104223 SOLTERRA BUILDERS 1,700.00 2020407 11/07/2024 PRINTED 100327 SOUTH COAST LLC 749.15 2020408 11/07/2024 PRINTED 104913 SOUTH COUNTY INDUSTRIAL E 23,500.00 2020409 11/07/2024 PRINTED 104322 SOUTHERN CONTRACTING COMP 429,353.66 2020410 11/07/2024 PRINTED 100577 SPARKLETTS - DS SERVICES 890.79 2020411 11/07/2024 PRINTED 100120 SPOK INC 52.05 2020412 11/07/2024 PRINTED 101356 ST FRANCIS ELECTRIC LLC 60,154.11 2020413 11/07/2024 PRINTED 103901 STEVE P RADOS INC 197,057.31 2020414 11/07/2024 PRINTED 016488 SCOTT STILES 726.32 2020415 11/07/2024 PRINTED 104938 SUNBELT RENTALS INC 6,870.49 2020416 11/07/2024 PRINTED 104878 SVT FLEET LLC 32,894.24 2020417 11/07/2024 PRINTED 105033 TELEDYNE FLIR COMMERCIAL 495.00 2020418 11/07/2024 PRINTED 104096 TILDEN COIL CONSTRUCTORS 363,398.93 2020419 11/07/2024 PRINTED 103275 TJKM 1,574.30 2020420 11/07/2024 PRINTED 104184 TK ELEVATOR CORPORATION 1,705.00 2020421 11/07/2024 PRINTED 016035 MICHAEL TORRES 208.37 2020422 11/07/2024 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,250.00 2020423 11/07/2024 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,250.00 2020424 11/07/2024 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 3,250.00 2020425 11/07/2024 PRINTED 102712 TSG ENTERPRISES, INC. 8,082.00 2020426 11/07/2024 PRINTED 101384 TYLER TECHNOLOGIES INC 15,136.88 2020427 11/07/2024 PRINTED 100063 UNDERGROUND SERVICE ALERT 1,117.58 2020428 11/07/2024 PRINTED 104384 UNIFIED FIELD SERVICES CO 252,936.24 2020429 11/07/2024 PRINTED 104834 UNIFIRST CORPORATION 1,133.67 2020430 11/07/2024 PRINTED 100405 UNION PACIFIC RAILROAD CO 5,580.90 2020431 11/07/2024 PRINTED 100114 UNITED RENTALS NA INC 3,987.62 2020432 11/07/2024 PRINTED 104368 UNIVERSAL GREEN LLC 90,491.65 2020433 11/07/2024 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 99,298.78 2020434 11/07/2024 PRINTED 101784 V AND V MANUFACTURING 50.24 2020435 11/07/2024 PRINTED 100066 VALLEY MAIL DELIVERY 3,254.00 2020436 11/07/2024 PRINTED 100267 VEOLIA WATER NORTH AMERIC 977,895.23 2020437 11/07/2024 PRINTED 104034 VERDE FACILITIES SERVICES 77,022.38 2020438 11/07/2024 PRINTED 100144 VERIZON WIRELESS 11,844.13 2020439 11/07/2024 PRINTED 100144 VERIZON WIRELESS 93.79 2020440 11/07/2024 PRINTED 100144 VERIZON WIRELESS 5,447.36 2020441 11/07/2024 PRINTED 104982 VISTA PAINT CORPORATION 28,949.07 2020442 11/07/2024 PRINTED 101537 VISUAL EDGE INC 7,544.90 2020443 11/07/2024 PRINTED 101277 VOHNE LICHE KENNELS INC 150.00 2020444 11/07/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 12,026.25 2020445 11/07/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 2,012.00 2020446 11/07/2024 PRINTED 100222 WEST COAST ARBORISTS INC 4,692.00 2020447 11/07/2024 PRINTED 100299 WILLDAN FINANCIAL SERVICE 1,750.00 2020448 11/07/2024 PRINTED 104635 WOODCLIFF CORPORATION 1,322,194.17 2020449 11/07/2024 PRINTED 100908 YAMADA SPA MANAGEMENT INC 343.00 2020450 11/07/2024 PRINTED 105059 DAVID ZUCK 800.00 Item 1AA - Page 19
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 259 CHECKS CASH ACCOUNT TOTAL 9,435,601.99 .00 Item 1AA - Page 20
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/07/2024 10:24
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
259 CHECKS FINAL TOTAL 9,435,601.99 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1AA - Page 21
CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 30, 2024
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of November 1 through November 30, 2024.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.
Palm Springs Municipal Code §7.02.030(l) requires a monthly report be submitted to the City Manager.
The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement and Contracting Director: Kim Bake r
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for November 2024 B. Purchase orders for November 2024
Item 1B - Page 1
ATTACHMENT A
Item 1B - Page 2
STAFF AUTHORIZED AGREEMENTS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT CONTRACT # CONTRACT DE SCRIPTION VENDOR CONTRACT
TOTAL
24I351
ASSESS & EVALUATE MAINTENANCE/FACILITIES
DIVISION & PROVIDE RECOMMENDATION FOR
ENHANCED ORGANIZATIONAL PERFORMANCE
RPMAYER & ASSOCIATES, LLC
$69,905.00
24N355 UPS LEASE AT LEAST ELEJO ROAD AND NORTH CIVIC
CENTER DRIVE UNITED PARCEL SERVICE, INC. $3,500.00
24I359 GRAPHIC DESIGN SERVICES KRAFIX DESIGN, INC. $75,000.00 24I360 PASSENGER LEAKAGE STUDY AILEVON PACIFIC AVIATION CONSULTING LLC
$21,500.00
24I374 DOCUMENT SHREDDING & DESTRUCTION SERVICES THE SHREDDERS CORPORATION $4,248.00 CITY CLERK 24I378 HOLIDAY DECORATIONS FOR CITY HALL LOBBY NANNETTE CARTER DBA BELIEVE $2,382.00 24F298 FUNDING AGREEMENT 2024-2025 AMERICAN DOCUMENTARY AND
ANIMATION FILM FESTIVAL
$7,500.00
24F299 FUNDING AGREEMENT 2024-2025 ASSIST ANCE LEAGUE COACHELLA VALLEY $3,500.00 24F300 FUNDING AGREEMENT 2024-2025 BOO2BULLYING, INC. $5,000.00 24F301 FUNDING AGREEMENT 2024-2025 BOYS & GIRLS CLUB OF PALM SPRINGS $100,000.00 24F302 FUNDING AGREEMENT 2024-2025 DESERT AIDS PROJECT (DAP HEALTH) -
AIDS WALK
$5,000.00
24F303 FUNDING AGREEMENT 2024-2025 DESERT AIDS PROJECT (DAP HEALTH) -
SUPPORT
$25,000.00
24F304 FUNDING AGREEMENT 2024-2025 DESERT ENSEMBLE THEATRE $3,000.00 24F305 FUNDING AGREEMENT 2024-2025 DESERT WINDS FREEDOM BAND $5,000.00 24F306 FUNDING AGREEMENT 2024-2025 DEZART PERFORMS $2,500.00 24F307 FUNDING AGREEMENT 2024- 2025 FIND FOOD BANK, INC. $65,200.00 24F308 FUNDING AGREEMENT 2024-2025 FIRS T TEE OF THE COACHELLA VALLEY $7,500.00 24F309 FUNDING AGREEMENT 2024-2025 GR EATER PALM SPRINGS PRIDE $51,000.00 24F310 FUNDING AGREEMENT 2024-2025 HANSON HOUSE FOUNDATION $3,500.00 24F311 FUNDING AGREEMENT 2024-2025 JEWISH FAMILY SERVICE OF THE DESERT $15,000.00 24F312 FUNDING AGREEMENT 2024-2025 JOHN F. KENNEDY MEMORIAL
FOUNDATION
$5,000.00
24F313 FUNDING AGREEMENT 2024-2025 MIZELL CENTER $100,000.00 24F314 FUNDING AGREEMENT 2024-2025 MODERN MEN COACHELLA VALLEY
MEN'S CHORUS
$5,000.00
24F315 FUNDING AGREEMENT 2024-2025 MODERNISM WEEK $75,000.00
CITY MANAGER
AVIATION DEPARTMENT
STAFF AUTHORIZED AGREEMENTS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT CONTRACT # CONTRACT DE SCRIPTION VENDOR CONTRACT
TOTAL
24F316 FUNDING AGREEMENT 2024-2025 NEURO VITALITY CENTER $5,000.00 24F317 FUNDING AGREEMENT 2024-2025 PALM SPRINGS AIR MUSEUM $17,250.00 24F318 FUNDING AGREEMENT 2024-2025 PALM SPRINGS CHAMBER OF COMMERCE $30,000.00 24F319 FUNDING AGREEMENT 2024-2025 PALM SPRINGS COMMUNITY CONCERT
ASSOCIATION
$5,000.00
24F320 FUNDING AGREEMENT 2024-2025 PA LM SPRINGS GAY MEN'S CHORUS $10,000.00 24F321 FUNDING AGREEMENT 2024-2025 PALM SPRINGS INTERNATIONAL PIANO
COMPETITION
$5,000.00
24F322 FUNDING AGREEMENT 2024-2025 PALM SPRINGS OPERA GUILD $8,500.00 24F323 FUNDING AGREEMENT 2024-2025 PALM SPRINGS PUBLIC LIBRARY
FOUNDATION
$10,000.00
24F324 FUNDING AGREEMENT 2024-2025 PALM SPRINGS UNIFIED SCHOOL
DISTRICT FOUNDATION
$15,000.00
24F325 FUNDING AGREEMENT 2024-2025 PALM SPRINGS YOUNG PLAYWRIGHTS
FESTIVAL
$3,000.00
24F326 FUNDING AGREEMENT 2024-2025 SHAY 'S WARRIORS LIFE AFTER CANCER $2,000.00 24F327 FUNDING AGREEMENT 2024-2025 SORO PTIMIST HOUSE OF HOPE, INC. $2,500.00 24F328 FUNDING AGREEMENT 2024-2025 THE LGBTQ COMMUNITY CENTER OF THE DESERT
$27,600.00
24F329 FUNDING AGREEMENT 2024-2025 TOOLS FOR TOMORROW $4,000.00 24F330 FUNDING AGREEMENT 2024-2025 VARIETY CHILDREN'S CHARITIES OF THE DESERT
$5,000.00
24F331 FUNDING AGREEMENT 2024-2025 VOICES FOR CHILDREN $2,000.00 24F332 FUNDING AGREEMENT 2024-2025 ACT FOR MULTIPLE SCLEROSIS $2,500.00 24F333 FUNDING AGREEMENT 2024-2025 ART IN THE PARK IN THE DARK $17,631.00 24F334 FUNDING AGREEMENT 2024-2025 BARISTO NEIGHBORHOOD
ORGANIZATION
$3,000.00
24F335 FUNDING AGREEMENT 2024-2025 COAC HELLA VALLEY HOUSING COALITION $5,000.00 24F336 FUNDING AGREEMENT 2024-2025 COACHELLA VALLEY JOURNALISM
FOUNDATION
$2,750.00
24F337 FUNDING AGREEMENT 2024-2025 COLLEGE OF THE DESERT FOUNDATION $10,000.00 24F338 FUNDING AGREEMENT 2024-2025 DESERT THEATREWORKS $1,000.00
STAFF AUTHORIZED AGREEMENTS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT CONTRACT # CONTRACT DE SCRIPTION VENDOR CONTRACT
TOTAL
24F339 FUNDING AGREEMENT 2024-2025 HABITAT FOR HUMANITY OF THE
COACHELLA VALLEY
$25,000.00
24F340 FUNDING AGREEMENT 2024-2025 HARC, INC. $5,000.00 24F341 FUNDING AGREEMENT 2024-2025 INLAND EMPIRE COMMUNITY
FOUNDATION
$2,500.00
24F342 FUNDING AGREEMENT 2024-2025 LEADERSHIP COACHELLA VALLEY $5,000.00 24F343 FUNDING AGREEMENT 2024-2025 ON E FUTURE COACHELLA VALLEY $5,000.00 24F344 FUNDING AGREEMENT 2024-2025 PALM SPRINGS MODERN COMMITTEE $2,500.00 24F345 FUNDING AGREEMENT 2024-2025 PS TEST $5,000.00
24F346 FUNDING AGREEMENT 2024-2025 ST. MARGARET'S EPISCOPAL CHURCH -
LAUNDRY LOVE
$3,000.00
24F347 FUNDING AGREEMENT 2024-2025 UNITED METHODIST CHURCH OF PALM
SPRINGS
$5,000.00
24F363 FUNDING AGREEMENT 2024-2025 ANIMAL SAMARITANS $5,000.00 24F364 FUNDING AGREEMENT 2024-2025 PALM SPRINGS CULTURAL CENTER $68,216.00 24F365 FUNDING AGREEMENT 2024-2025 ROTARY CLUB OF PALM SPRINGS SUNUP $2,500.00 24F366 FUNDING AGREEMENT 2024-2025 TRANSGENDER HEALTH & WELLNESS CENTER
$35,000.00
24F354 FAÇADE IMPROVEMENT GRANT AGREEM ENT SUNNY DAYS RETAIL, INC. $7,500.00 24F370
COMMERCIAL SECURITY CAMERA SYSTEM
INSTALLATION GRANT AGREEMENT-BIKE PALM
SPRINGS RENTALS
BIKE PALM SPRINGS RENTALS $500.00
24F371 FAÇADE IMPROVEMENT GRANT AGREEMENT THE LGBTQ COMMUNITY CENTER OF THE DESERT $7,500.00
ENGINEERING - PUBLIC
WORKS
24G369 NON-FINANCIAL TEMPORARY CONSTRUCTION
EASEMENT
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT $0.00
24I295 MAINTENANCE SERVICES FOR SWIM CENTER POOL
HEATERS
CES HOLDINGS LLC DBA KNORR SYSTEMS
INT'L, LLC $4,058.81
24I356 PAVILION BUILDING WATER EXTRACTION &
REMEDIATION SERVICES
DESERT VALLEY RESTORIATION, INC. DBA
PAUL DAVIS RESTORATION OF GREATER
PALM SPRINGS
$9,139.20
24I362 ANNUAL MAINTENANCE ON LOCKINVAR POOL
BOILERS HTL MECHANICAL, INC. $2,980.25
24I368 VEHICLE & EQUIPMENT AUCTION SERVICES US AUCTIONS LLC $10,000.00 FIRE DEPARTMENT 24S294 CALOES CFAA RATE ADMINISTRA TION SERVICES ABBE MEYER $43,500.00
FACILITIES
MAINTENANCE
ECONOMIC
DEVELOPMENT
STAFF AUTHORIZED AGREEMENTS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT CONTRACT # CONTRACT DE SCRIPTION VENDOR CONTRACT
TOTAL
HOUSING &
COMMUNITY
DEVELOPMENT
24I297 LAND APPRAISAL SERVICES-2 PARCELS ON GENE
AUTRY CURTIS-ROSENTHAL, INC. $3,950.00
24I350 EVENT SPACE & REFRESHMENT SERVICE FOR SPECIAL
EVENTS HYATT PALM SPRINGS $9,947.56
24I352 SANTA CLAUS ENTERTAINMENT SERVICES-2024 CHESTER JOHNSON DBA SANTA CHET JOHNSON $4,950.00
RECREATION
DEPARTMENT
ATTACHMENT B
Item 1B - Page 7
PURCHASE ORDERS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000722 PRINTER FOR FIRE STATION 2 B & H PHOTO $321.37 25000726 PRINTER FOR MARKETING COMMUNICATION DEPT. B & H PHOTO $428.45 25000740 A9194 UPGRADED MONITORS FOR HARRY AND JEREMY- PSP DELL MARKETING LP $1,776.25 25000741 24B204 DEMUTH IDF RELOCATION AND RE-WIRE DATASTREAM TECHNOLOGY CONSULTING $16,528.13 25000746 FORTINET FIREWALL FOR LIBRARY AMS.NET INC $7,512.29 25000754 A9324 IT APPLICATIONS OFFICE FURNITURE ODP BUSINESS SOLUTIONS $24,765.26 25000755 24I271 SMARTSHEET SUPPORT HOURS DIGITALRADIUS $22,500.00 25000756 IPAD FOR HR B & H PHOTO $341.58
25000758 EOC IN A BOX FIREWALL AMS.NET INC $998.98
25000775 24B204 ACCESS POINT MOUNTING AT LIBRARY DATASTREAM TECHNOLOGY CONSULTING $1,040.00 25000777 24B203 DATA DROPS AT CH, CVEP AND CODE VETERANS COMMUNICATION SERVICES INC
$13,394.54
25000778 24B204 VERKADA DOOR CONTROLLER INSTA LLATION DATASTREAM TECHNOLOGY CONSULTING $1,300.00 25000781 CISCO DNA SPACES UPGRADE FOR PSP IT1 SOURCE LLC $29,770.80 25000808 24B203 PSP OUTDOOR AP INSTALLATION VETERANS COMMUNICATION SERVICES INC
$38,626.41
25000809 24B203 DATA DROPS AT PSP VETERANS COMMUNICATION SERVICES INC
$4,433.14
25000812 24I285 IT PENETRATION TEST ALLEGIS GROUP HOLDINGS INC $10,725.00 25000814 XEROX VERSALINK COLOR PRINTER FOR AIRPORT
BADGING
B & H PHOTO $2,228.73
25000821 DATAPILOT SOFTWARE RENEWA L FOR PSPD DATAPILOT INC $1,095.00 25000824 PRINTER FOR FINANCE B & H PHOTO $321.37
25000826 ROOM ALERT SENSORS AVTECH SOFTWARE INC $2,662.90 25000827 HAVIS A140 DOCK FOR MS2 CODE 3 TECHNOLOGY LLC $901.29 25000828 CROWDSTRIKE ENDPOINT PROTECTION SHI INTERNATIONAL CORP $43,545.60 25000836 WEBCAMS FOR IT STOCK B & H PHOTO $298.88
25000844 DIGI CONNECT EX 2 - DEVICE SERVER CDW GOVERNMENT INC $1,044.21 HUMAN RESOURCES 25000772 ERGONOMIC OFFICE CHAIR SHEEHAN'S OFFICE INTERIORS INC $560.64 25000725 A9324 OFFICE SUPPLIES FOR SUSTAINABILITY ODP BUSINESS SOLUTIONS $1,000.00 25000837 T-SHIRTS AND GIVEAWAY ITEMS DESERT PROMOTIONAL EMBROIDERY LLC $4,960.65 FINANCE DEPARTMENT 25000753 24I245 SHREDDING ,RECYCLING,SECURE DESTRUCTION SVC DESERT ARC $585.00
SUSTAINABILITY
INFO TECHNOLOGY
PURCHASE ORDERS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000767 KEENAN INS: VETERAN'S DAY PARADE 11/11/2024 KEENAN AND ASSOCIATES $2,370.14 25000782 KEENAN INS: EXCESS WORKERS COMP FINAL AUDIT
23-24
KEENAN AND ASSOCIATES $44,377.00
25000724 24I284 CAROLERS FOR HOLIDAY PROGRAMMING CARLA L PAUL $3,700.00 25000739 24X287 SAFETY BARRICADES FOR PS PRIDE MERIDIAN RAPID DEFENSE GROUP
RENTALS LLC
$17,403.53
25000759 24I280 GENERATOR & EQPTS FOR FE STIVAL OF LIGHTS BRUDVIK INC $2,363.50 25000760 24I262 BLOCK G POP-UP ART PLATE FABRICATION PALM SPRINGS WELDING INC $9,785.00 25000763 24I270 CATERING FOR THE EVENTS SAVOURYS GOOD EARTH CUISINE $1,605.98 25000764 24I280 GENERATOR FOR VETERA NS DAY PARADE BRUDVIK INC $602.00 25000768 24I283 PURCHASE/INSTALLATION OF EXERCISE EQUIPMENT PLAYCORE WISCONSIN INC $69,032.38 25000780 24P258 SECURITY FOR PALM SPRINGS PRIDE INTERCON SECURITY SYSTEMS INC $63,202.10 25000820 ROAD CLOSURE EQUIPMENT FOR TURKEY TROT TOPS N BARRICADES INC $852.00 25000839 BANNER FOR THE FESTIVAL OF LIGH TS PARADE IMAGE360 PALM DESERT $3,070.88 LIBRARY 25000757 24S255 KANOPY LLC - FILM DATABASE STREAMING KANOPY INC $20,000.00 25000215 HELMETS AND TCI HEADSETS L N CURTIS AND SONS $23,964.12 25000779 PSPD RECORDS XEROX STAPLE REFILLS VISUAL EDGE INC $142.01 25000811 23I198 ANNUAL CALIBRATION OF MACHINE TEST GAS MASK OHD LLLP $960.00 25000815 A9276 INSTALL EXTERNAL ANTENNA ROOF OF SUB STATIO AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$4,031.74
25000825 IMPACT MUNITIONS AARDVARK $9,794.87
25000835 LITERATURE HOLDERS HIPPO CORPORATION $281.65
25000838 FAA RADIOS MYPLANE INC $2,074.44
25000747 A8355 PLAZA THEATRE EASEMENT LEGAL DESCRIPTION & MAP
ENGINEERING RESOURCES OF SOUTHERN $4,700.00
25000795 23P041 CP 12-02, CWA SERVICES TSG ENTERPRISES, INC. $67,826.00 25000817 24I005 TRAFFIC DATA COLLECTION COUNTS UNLIMITED INC $1,075.00 25000723 A8310 MAINTENANCE AGREEMENT EXTENSION FOR FIDS SIGNATURE TECHNOLOGIES INC $38,304.00 25000727 23B364 PSP CARPET INSTALLATION IN THE AGUA CALIENTE GENESIS FLOOR COVERING INC $3,937.00 25000734 23B204 PSP DEMO EXISTING POST AND PROVIDE
INSTALLATION
RED HAWK SERVICES INC $13,206.60
25000745 A9065 PSP LOADING BRIDGE - BATTERIES AND COMBO CHANGE
VALLEY LOCK AND SAFE $946.77
25000749 23B364 PSP CARPET INSTALL IN THE AVSEC AND IT OFFICES GENESIS FLOOR COVERING INC $11,771.00
POLICE DEPARTMENT
PROCUREMENT &
CONTRACTING
RECREATION
DEPARTMENT
ENGINEERING - PUBLIC
WORKS
AVIATION DEPARTMENT
PURCHASE ORDERS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000750 A9065 PSP REYKEYING OFFICES VALLEY LOCK AND SAFE $615.98 25000751 23P202 PSP IFE FOR LANDSCAPE REPLACEMENT-
DESIGN/STANDARDS
ACCENTURE LLP $4,160.00
25000752 A9065 PSP RENTAL LOT PADLOCK AND KEYS VALLEY LOCK AND SAFE $691.89 25000776 PSP AC DRIVE FOR PBB9 RADWELL INTERNATIONAL LLC $8,589.98 25000796 23B128 PSP REPAIR UNITED BSO ROLL UP DOOR SOUTH COAST INDUSTRIAL DOOR INC $1,467.50 25000797 23B206 PSP AH3 DUCT REPAIR HVAC SERVICES M BREY ELECTRIC INC $14,727.00 25000798 23B364 PSP METAL KICK PLATES AND HAND GUARDS GENESIS FLOOR COVERING INC $8,500.00 25000822 24B211 PSP HOLIDAY DECORATIONS DECOR IQ LLC $73,664.13 25000823 A8355 PSP GEOTECHNICAL INVESTIGATION FOR BAGGAGE CLAIM
ENGINEERING RESOURCES OF SOUTHERN $28,765.00
25000840 A9294 PSP DIAGNOSE & REPAIR AUTO DOOR TICKETING HINGEWERKS COMMERCIAL DOORS INC. $8,985.10 25000842 23B223 PSP TERMINAL TICKETING AND RIDESHARE SIGNS SQUARE SIGNS LLC $18,490.70 25000384 A8355 PALM SPRINGS PARKING STRUCTURE REPAIRS ENGINEERING RESOURCES OF SOUTHERN $7,040.00 25000721 24B129 LEAK REPAIR, LABOR & MATERIALS KINCAID INDUSTRIES INC $8,065.32 25000728 A9232 JANITORIAL SERVICE VERDE FACILITIES SERVICES LLC $762.17 25000730 A9232 JANITORIAL SERVICE VERDE FACILITIES SERVICES LLC $4,094.91 25000731 A8470 PD TRAINING CENTER SERVICE CALL ENGIE SERVICES U.S. INC. $766.00 25000733 24B129 EMERGENCY PLUMBING REPAIR (AIRPORT) KINCAID INDUSTRIES INC $17,115.60 25000738 24B022 PAVILION CTR ASBESTOS LEAD AND
MOLD
/MOISTURE SURVE
TERRACON CONSULTANTS INC $2,596.00
25000742 A9077 ROOF REPAIR FROM WATER DAMAGE PS ANIMAL
SHELTER
AL MILLER AND SONS ROOFING INC $5,500.00
25000744 A9232 ADDITIONAL JANITORIAL SERVICES VERDE FACILITIES SERVICES LLC $258.12 25000762 PUMP FOR BOILER FOR ANIMAL SHELTER ALLIED REFRIGERATION INC $2,591.55 25000766 23S040 VFA SOFTWARE 24-25 VFA INC $8,079.36
25000770 A9069 CITY-WIDE HVAC INSPECTION AND REPAIRS ALLISON MECHANICAL INC $50,000.00 25000771 A9065 ON-CALL LOCKSMITH SERVICES VALLEY LOCK AND SAFE $10,000.00 25000785 A9232 DHUC BASKETBALL COURT SERVICES 11/10-11/16 VERDE FACILITIES SERVICES LLC $762.17 25000786 24B143 REPLACE 4 ENTRY DOORS AT PD SAMUEL SAUCEDO GALVAN $18,000.00 25000799 A9040 VEHICLE TIRES AND REPAIRS DANIELS TIRE SERVICE INC $15,000.00 25000800 24B143 POLICE DEPARTMENT DRONE ROOM RENOVATION SAMUEL SAUCEDO GALVAN $4,154.00 25000801 23C078 CITY WIDE EMERGENCY GENERATOR SERVICE AND
REPAIRS
QUINN COMPANY $15,000.00
25000802 A9145 POLICE DEPARTMENT DRONE ROOM FLOOR MOHAWK COMMERCIAL INC $2,646.61 25000803 A9108 WOMEN'S RR & CUSTODIAL CLOSET PROFESSIONAL ASBESTOS REMOVAL
CORPORATION
$6,584.00
FACILITIES
MAINTENANCE
PURCHASE ORDERS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000805 A9186 CHEMICALS FOR CITY BUILDINGS AND COGEN PLANT NALCO COMPANY $15,797.90 25000806 A9108 FLEET OPERATIONS MANAGERS OFFICE PROFESSIONAL ASBESTOS REMOVAL
CORPORATION
$7,150.00
25000813 24I356 PAVILION WATER EXTRACTION & RE MEDIATION DESERT VALLEY RESTORATION INC $9,139.20 25000829 A9232 SUNRISE PLAZA PAVILLION 11/10-11/16 VERDE FACILITIES SERVICES LLC $815.78 25000831 A9232 DHUC BASKETBALL COURT SERVICES 11/17-11/23 VERDE FACILITIES SERVICES LLC $762.17 25000833 A8470 PSPD TRAINING BUILDING CONTROLS UPGRADE ENGIE SERVICES U.S. INC. $30,178.00 25000834 A9145 CARPET INSTALLATION DEMUTH COMMUNITY CENTER MOHAWK COMMERCIAL INC $28,243.51 25000841 A8470 AIRPORT REPAIRS - CONTROLS TROUBLESHOOTING ENGIE SERVICES U.S. INC. $9,879.00 25000843 A9068 CITY WIDE ELECTRICAL REPAIR SERVICE M BREY ELECTRIC INC $15,000.00 25000845 TACO PUMP FOR HAVC REPAIRS ALLIED REFRIGERATION INC $7,438.50 25000846 24I277 MAINTENANCE INSPECTIONS OF MS CHILLER AIR TREATMENT CORPORATION $10,000.00 25000680 24S286 PRESSURE SWITCH AUTO PART RENEWELL FLEET SERVICE LLC $318.59 25000697 23S060 CAST RIM, SERVICE LABOR, MATERIALS JORDAN FREEMAN $2,714.63 25000729 A9157 VEHICLE REPAIR PALM SPRINGS MOTORS $30,000.00 25000732 A9241 POLICE VEHICLE REPAIRS - UNIT 156 J & L AUTO BODY INC $16,057.43 25000736 23S060 MULTIPOINT INSPECTION FOR UNITS #094 AND #097 JORDAN FREEMAN $1,250.22 25000737 A9265-B TRANSMISSION REPAIR FOR FIRE APPARATUS UNIT #221
SVT FLEET LLC $14,687.74
25000743 23C085 FLEET ANNUAL SERVICE CHARGES 7/1/24-10/26/24 TT FASTER LLC $4,941.58 25000748 A9265-B EMERGENCY REPAIRS FOR UNIT 223 SVT FLEET LLC $36,008.02 25000773 INJECTION PUMP FOR BACKHOE LOADER QUINN COMPANY $3,085.05 25000774 ENGINE OIL 15-40W SC COMMERCIAL LLC $1,420.38 25000783 23C078 CITY WIDE EMERGENCY GENERATOR SERVICE AND REPAIR
QUINN COMPANY $15,000.00
25000784 23S057 PUMP TESTING FOR FRONT LINE FIRE TRUCKS SOUTH COAST LLC $18,000.00 25000788 HYDRAULIC OIL AW68 SC COMMERCIAL LLC $743.78
25000789 23S057 EMERGENCY REPAIRS ON ENGINE 9 UNIT 223 SOUTH COAST LLC $44,248.98 25000790 24S286 RADIATOR SERVICE KIT FIRE TRUCK UNIT# 218 RENEWELL FLEET SERVICE LLC $1,907.36 25000791 24S286 PUMP INTAKE GAUGE FOR FIRE TRUCK UNIT #222 RENEWELL FLEET SERVICE LLC $657.81 25000792 24S286 PLUNGER DOOR, STEP VALVES, SEAT FOR FIRE TRUCK #22
RENEWELL FLEET SERVICE LLC $1,608.02
25000793 24S286 PUMP INTAKE GAUGE FOR FIRE TRUCK UNIT #218 RENEWELL FLEET SERVICE LLC $657.81 25000794 24S286 FUEL CAP FOR INVENTORY/STOCK RENEWELL FLEET SERVICE LLC $73.36 25000804 23S057 EMERGENCY REPAIR SERVICES FOR UNIT 252 SOUTH COAST LLC $27,050.55
FLEET OPERATIONS
PURCHASE ORDERS
NOVEMBER 1, 2024 - NOVEMBER 30, 2024
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
25000807 24S286 PRIMER CABLE AND TEE HANDLE FOR FIRE TRUCK UNIT 22
RENEWELL FLEET SERVICE LLC $171.46
25000818 A9296 TRANSPORT STAGING TRAILER TO DEMUTH PARK PLAZA TOWING INC $1,050.00 25000819 A9296 TRANSPOR T STAGING TRAILER TO GRANVIA
VALMONTE
PLAZA TOWING INC $1,050.00
25000769 24C172 BUCKET TRUCK SUNBELT RENTALS INC $5,483.80 25000810 A9192 SIGNS, CROSS, AND CAPS FOR SIGN INSTALLATION CITYW
PACIFIC PRODUCTS AND SERVICES LLC $5,047.17
25000832 24C172 SMALL SCISSOR LIFT FOR MUNI COGEN PLANT PER CONTRA
SUNBELT RENTALS INC $765.22
DOWNTOWN PARKS
MAINTENANCE
25000830 24I362 ANNUAL MAINTENANCE ON POOL BOILERS HTL MECHANICAL INC $2,980.25 25000761 CVEP TABLE SPONSORSHIP COACHELLA VALLEY ECONOMIC
PARTNERSHIP
$5,000.00
25000765 PS HOLIDAYS STREET PERFORMANCE SPONSORSHIP
12/11/2024
DESERT WINDS FREEDOM BAND $500.00
*Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.
ECONOMIC
DEVELOPMENT
STREETS MAINTENANCE
CITY COUNCIL STAFF REPORT
D
ATE: January 09, 2025 CONSENT CALENDAR
S
UBJECT: ACCEPTANCE OF RESIGNATION S FROM THE LIBRARY BOARD OF
TRUSTEES AND THE PARKS & RECREATION COMMISSION
F
ROM: Scott C. Stiles, City Manager
BY: B
renda Pree, City Clerk
RE
COMMENDATION:
Accept the resignation s of Craig Borba from the Library Board of Trustees, and Daniel Ballister from the Parks & Recreation Commission effective immediately.
B
ACKGROUND:
T
he City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions.
G
overnment Code Section 54974(a) s tates "whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s internet website or at the library designated pursuant to Section 54973.” F
ISCAL IMPACT:
N
one.
R
EVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
AT
TACHMENTS:
A. E
mail Resignation from Craig Borba
B. Email Resignation from Daniel Ballister
Item 1C - Page 1
ATTACHMENT A
Item 1C - Page 2
Item 1C - Page 3
ATTACHMENT B
Item 1C - Page 4
Item 1C - Page 5
CITY COUNCIL STAFF REPORT
DAT
E: JANUARY 9, 2025 CONSENT CALENDAR
SU
BJECT: ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $23,831
F
ROM: Scott C. Stiles, City Manager
BY: I
nformation Technology Department
S
UMMARY:
T
his action will accept a grant award from the California Public Utilities Commission.
RE
COMMENDATION:
1) A
ccept a grant award from the California Public Utilities Commission in the amount of $23,831 (Attachment A).
BU
SINESS PRINCIPAL DISCLOSURE:
N
ot applicable.
B
ACKGROUND:
T
he Welwood Murray Memorial Library (Library) provides public computer terminals and wireless Internet access, serving as a vital resource for the community. Library patrons utilize these services for various purposes, including job searching, homework assistance, research, email communication, printi ng airline boarding passes, and watching videos for educational or entertainment purposes. Patrons can also perform computing tasks such as resume and letter writing, as well as other general computing needs, at no cost – except for printing services.
T
he Library currently has eight computers available for public use; however, these systems have exceeded their useful life and are in need of an upgrade. In fiscal year 2023-24, the L ibrary recorded 4,618 computer sessions and 1,975 wireless Internet sessions, highlighting the high demand for these services.
A
s a designated Class 1 Historic public building, the L ibrary's compact size limits the number of computers that can be installed. Nevertheless, upgrading the computers and Item 1D - Page 1
City Council Staff Report
January 9, 2025-- Page 2
Accept Grant Award from the California Public Utilities Commission
peripheral technology will significantly enhance the speed and reliability of both the computers and the Wi-Fi network. These improvements will enable patrons to complete their tasks more efficiently and accommodate a greater number of users, ultimately enhancing the Library's capacity to serve the community effectively.
Improved technology will allow the L ibrary to host engaging events such as lectures, educational workshops, and movie screenings that require robust internet access. These enhancements will expand the Library's role as a community hub, fostering learning, cultural enrichment, and social connection for all visitors.
STAFF ANALYSIS:
Staff worked with the City’s grant consultant to identify opportunities to improve the patron environment in the Welwood Murray Memorial Library and identified the California Advanced Services Fund (CASF) Broadband Adoption G rant. The CASF grant is designed to is to increase publicly available or after-school broadband access.
Staff designed a solution that would update the existing environment to provide a better experience for patrons using the existing furniture. The upgrades include wireless connectivity, and funding for eight workstations. Under this agenda item, staff recommends Council’s acceptance of grant funds in the amount of $23,831.
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 t he 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:
The requested action aligns with the City Council Priority 3A – Improve City Facilities.
FISCAL IMPACT:
California Advanced Services Fund (CASF) Broadband Adoption Grant program will reimburse the City of Palm Springs for all approved grant related expenses, not to exceed $23,831
.
Item 1D - Page 2
City Council Staff Report
January 9, 2025-- Page 3
Accept Grant Award from the California Public Utilities Commission
REVIEWED BY:
Department Director: Jeannie Kays
Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A. Grant Award
Item 1D - Page 3
ATTACHMENT A
Item 1D - Page 4
November 27, 2024
La
rry Klingaman
[email protected]
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
S
UBJECT: CASF ADOPTION ACCOUNT GRANT AWARD FOR BROADBAND ACCESS T
his letter serves to inform you that the California Public Utilities Commission (CPUC) Communications Division (CD) approves California Advanced Services Fund (CASF) Broadband Adoption Account grant funding to City of Palm Springs (Grantee).
I
n your application, you requested $23,831. The CPUC has approved your CASF grant applic
ation for funding of up to $23,831 for the City of Palm Springs Welwood Murray Memorial Library Broadband Access Project project.
Budge
t: Grant funding is approved for this project as described below. 1 This includes items and activities listed in the grantees’ application and eligible for reimbursement per Decision (D.) 22-05-029, Broadband Adoption Account Guidelines. (See website here - https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/california-advanced-services-fund/casf- adoption-account).
CASF Broadband Adoption Grant Funding
Category Approved Grant
In-Classroom Computing Devices $6,000
Hotspots $0
General Program Implementation1 $17,831
Total Grant Award $23,831
Funding per participant (exclusive of in-person and take- home computer or hot spot funding, if applicable)
$2.40
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Requirements
The grant award is predicated on City of Palm Springs’s commitment to provide adoption services as expressed in its application and consistent with the Ministerial Review criteria that City of Palm Springs agreed and/or attested to in its application which includes meeting all milestones and goals for each project(s) as well as fulfilling the requirements per D.22-05-029.
Key requirements include, among others:
• Grantee will provide free broadband access as described in its application. • Grantee has identified a designated space for broadband access or provided detailed information on how such a space will be obtained.
• Grantee has at least one year’s experience conducting broadband access projects or has completed at least one broadband access project.
• Grantee must provide technical support, either by phone or in person, within 24 hours. • Grantee agrees that reimbursement for computing devices used in community training rooms or other public space is capped at $11,250 and limited to $750 per device. • Grantee must make broadband access available within six months of submitting a consent form accepting the CASF grant.
• Grantee agrees that the project costs $42 per participant or less.
• Grantee must complete the project within a 24-month timeframe or earlier.
City of Palm Springs must provide broadband access to 7,424 participants and aspires to subscribe 0 participants to broadband internet services.
Reporting
The grant award is also contingent upon fulfilling the reporting requirements per D.22-05-029, Appendix 2. These reports include a Ramp-up period report (if applicable), a Year 1 Progress Report and a Year 2 Completion Report. Ramp-up reports must be submitted no later than 3 months after completion of ramp-up activities. Year 1 Progress Report and Year 2 Completion Report must be submitted within 3 months after the end of the first year of deployment and no later than 3 months after completion of the project, respectively. If applicable, City of Palm Springs must fulfill the monthly reporting requirements set forth in Public Utilities Code, § 281(l)(1) if it is using a licensed contractor or subcontractor to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on the project funded or financed by CASF. Reporting templates are available in the Administrative Manual posted on the Adoption Account website.
City of Palm Springs must maintain files, invoices, and other related documentation for three years after final payment. City of Palm Springs shall make these records available to the CPUC upon request and agree that these records are subject to audit and review by the CPUC at any time within three years after City of Palm Springs has incurred the expense being Docusign Envelope ID: 856CFFB9-749F-4586-8F59-F60776827A22 Item 1D - Page 6
audited to ensure that CASF funds are spent in accordance with the terms of approval the CPUC grants.
Payment
All reimbursements are contingent upon the City of Palm Springs fulfilling its obligation to provide digital literacy training as described in its application. City of Palm Springs may submit up to three payment requests throughout the project period. Payment requests may accompany the Ramp-up or Year 1 reports or be submitted separately; Year 2 Completion Report must be submitted with a final payment request. Payment will be based upon receipt and approval of invoices and other supporting documents showing that expenditures incurred for the project are in accordance with their approved application and budget. Ramp-up period payment requests may not exceed 25% of grant amount and no more than 90% of the grant amount will be reimbursed before the completion report and final payment request.
Completion Reports must be submitted no later than three months post project completion.
Payment request templates are available in the Administrative Manual posted on the Adoption Account website.
Execution and Performance
City of Palm Springs must begin the project within six months after submitting a consent form accepting the terms stated in the award letter and must complete the project within 24-months. City of Palm Springs must complete all performance under the award on or before the termination date of the award.
By receiving a CASF grant, City of Palm Springs agrees to comply with the terms, conditions, and requirements of the grant award and submit to the jurisdiction of the CPUC regarding disbursement and administration of the grant and the CPUC’s enforcement authority under Pub. Util. Code, §§ 2108 and 2111. City of Palm Springs must notify the Director of Communications Division as soon as it becomes aware that it may not be able to meet project deadlines. The CPUC may withhold, reduce or terminate grant payments if City of Palm Springs does not comply with any of the requirements set forth in its application and compliance with the CASF. In the event City of Palm Springs fails to complete the project in accordance with the terms of the approval granted by the CPUC as set forth in D. 22-05-029
and this award letter, City of Palm Springs must reimburse some or all the CASF funds it has received.
City of Palm Springs must notify CD within 30 days regarding modifications to budget line items or milestone/activity timelines set forth in D.22-05-029, Appendix 2, Section XV. City of Palm Springs must also report any material changes in the entries for the application, by letter Docusign Envelope ID: 856CFFB9-749F-4586-8F59-F60776827A22 Item 1D - Page 7
to the California Public Utilities Commission, Director of the Communications Division, 505 Van Ness Avenue, San Francisco, CA 94102 and [email protected].
Award Acceptance
City of Palm Springs must sign the Consent Form (Attachment 1) and the Payee Record Form (Attachment 2) and email both within 30 days from the date of this award letter to [email protected]. If City of Palm Springs does not submit the Consent Form within 30 calendar days from the date of the award, the CPUC will deem the Grant or award to be null and void.
If you have any questions, please contact [email protected].
Sincerely,
/s/ Maria Ellis
Maria Ellis, Deputy Director
Communications Division
Docusign Envelope ID: 856CFFB9-749F-4586-8F59-F60776827A22 Item 1D - Page 8
ATTACHMENT 1
Consent Form and Acknowledgement and Acceptance of the California Advanced Services Fund Broadband Adoption Grant Award Name of Grantee: __City of Palm Springs_____________________________________ Grantee identified above hereby acknowledges receipt of the letter approving the California
Advanced Services Fund Broadband Adoption Grant for the City of Palm Springs Welwood Murray Memorial Library Broadband Access P roject project (award sequence 1081). The grantee agrees to comply with all grant terms, conditions, and requirements set forth in the letter dated November 27, 2024, as well as all CASF rules, including those in the Broadband Adoption Account Requirements, Guidelines and Application Materials. Grantee also agrees to fulfill the goals it identified in the application and agrees that all payment requests will be subject to meeting those goals.
Undersigned representative of ___City of Palm Springs________________ [Name of Grantee] is duly authorized to execute this Agreement Form on behalf of the Grantee and to bind the Grantee to the terms, conditions, and requirements set forth by the Ca lifornia Public Utilities Commission in the letter referenced above.
Dated
this __2nd___ day of __December_, 2024___.
Signature _______________________
Printed Name__Larry Klingaman_____________________
Title ____IT Director___________________________
Organization
or Name of Company _City of Palm Springs___________________ Business Address (include street address, suite/apt. number, city, state, and ZIP Code) __3200 E. Tahquitz Canyon Way. Palm Springs CA. 92262_________________________ X
Docusign Envelope ID: 856CFFB9-749F-4586-8F59-F60776827A22 Item 1D - Page 9
ATTACHMENT 2
Payee Record Form
Docusign Envelope ID: 856CFFB9-749F-4586-8F59-F60776827A22 Item 1D - Page 10
CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2105, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE, TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER 14.28, “WIRELESS
FACILITIES IN PUBLIC RIGHTS-OF-WAY
FROM: Scott Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:
This is the second reading of an ordinance to amend Palm Springs Municipal Code Title 14, streets and sidewalks, to add Chapter 14.28 . Chapter 14.28 will regulate the placement of small cell wireless facilities in the public rights -of-way. This ordinance sets specific procedures and requirements for obtaining an encroachment permit to install wireless facilities in public rights-of-way
RECOMMENDATION:
Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2105, AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA TO AMEND THE PALM SPRINGS MUNICIPAL CODE; TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER 14.28, “WIRELESS FACILITIES IN PUBLIC RIGHTS- OF-WAY.”
STAFF ANALYSIS:
On November 21, 2024, Ordinance No. 2105 was introduced for first reading, as noted below:
MOTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN , CARRIED 4-0, to waive the reading of the ordinance text in its entirety , read by title only, and introduce on first reading Ordinance No. 2105 entitled, AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA TO AMEND THE PALM SPRINGS MUNICIPAL CODE; TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER
14.28, “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY.”
AYES: Councilmembers Middleton, Garner;
Mayor Pro Tem deHarte; Mayor Bernstein.
NOES: None.
ABSENT: Councilmember Holstege.
Item 1E - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Second Reading & Adoption of Ordinance No. 2105
City Attorney’s Summary: ThThe proposed ordinance will establish regulations pertaining to small cell wireless facilities in public rights-of-way. Adoption of the ordinance will bring the City of Palm Springs into compliance with federal law regarding entitlements for small cell facilities.
This report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2105
Item 1E - Page 2
ATTACHMENT A
Ordinance No. 2105
Item 1E - Page 3
ORDINANCE NO. 2105
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA TO AMEND THE PALM SPRINGS MUNICIPAL
CODE; TITLE 14 STREETS AND SIDEWALKS, TO ADD
CHAPTER 14. 28, “ WIRELESS FACILITIES IN PUBLIC
RIGHTS-OF-WAY.”
City Attorney’s Summary
The proposed ordinance will establish regulations pertaining to sma ll cell wireless facilities in public rights -of-way.
Adoption of the ordinance will bring the City of Palm Springs into compliance with federal law regarding entitlements for small cell facilities.
WHEREAS, California Constitution Article XI, Section 5(a) , grants charter cities, including the City of Palm Springs (“City”), the power to make and enforce all ordinances and resolutions with respect to municipal affairs; and
WHEREAS, Chapter 14.16 of the Palm Springs Municipal Code generally governs the City’s regulation of encroachments in the public rights-of-way; and
WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of wireless telecommunications towers, antennas and other structures within the City’s public rights-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The foregoing Recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.
SECTION 2: The Municipal Code for the City (“Code”) shall be amended to add a new Chapter 14.28, entitled “Wireless Facilities in Public Rights-Of-Way” as follows:
CHAPTER 14.28
WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Section 14.28.010 Purpose.
The purpose of this Chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights- Item 1E - Page 4
Ordinance No. 2105
of-way of the City consistent with the City’s obligation to promote the public health, safety, and welfare, to manage the public rights -of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities.
The City recognizes the importance of wireless facilities to provide high- quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its public rights-of-way. This Chapter shall be interpreted consistent with those provisions.
Section 14.28.020 Definitions. The terms used in this Chapter shall have the following meanings:
Application: A formal request, including all required and requested documentation and information, submitted by an a pplicant to the City for a encroachment permit.
Applicant: A person filing an application for placement or modification of a wireless facility in the public right-of-way.
Director: The term “Director” shall mean the City Engineer of the City of Palm Springs.
Eligible Facilities Request : shall have the meaning as set forth in 47 C.F.R.
Section 1.6100(b)(3), or any successor provision.
Encroachment permit: A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
FCC: The Federal Communications Commission or its lawful successor.
Municipal Infrastructure: City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.
Permittee: any person or entity granted a encroachment permit pursuant to this Chapter.
Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i).
Personal Wireless Services Facility: means a wireless facility used for the provision of personal wireless services.
Item 1E - Page 5
Ordinance No. 2105
Public Right -of-Way, or ROW : shall have the same meaning as in Section
14.16.010 of the Palm Springs Municipal Code, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage.
Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility—
a. is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
b. is mounted on a structure no more than 10 percent taller than other adjacent structures, or
c. does not extend an existing structure on which it are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. S ection 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre- existing associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.
Section 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
Support Structure: Any structure capable of supporting a base station.
Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the public right of way; or where Item 1E - Page 6
Ordinance No. 2105
the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground.
Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.
Wireless Regulations: Those regulations adopted pursuant to Section 5 and implementing the provisions of this Chapter.
Wireless Service Provider: An entity that provides personal wireless services to end users.
Section 14.28.030 Scope.
A. In general. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights -of-way must obtain an encroachment permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests , or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Chapter.
B. Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
(2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement , or removal of existing facilities.
C. Other applicable requirements. In addition to the encroachment permit required herein, the placement of a wireless facility in the ROW requires the Item 1E - Page 7
Ordinance No. 2105
persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.
D. Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this Chapter’s adoption shall remain subject to the standards and conditions of the City Code in effect prior to this Chapter, unless and until a renewal of such facility’s then-existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre- existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of the City Code that it was previously reviewed under.
E. Public use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this Chapter will be subordinate to the City’s use and use by the public.
Section 14.28.040 Administration.
A. Director. The Director or their designee is responsible for administering this Chapter. As part of the administration of this Chapter, the Director may:
(1) Interpret the provisions of this Chapter;
(2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
(3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way;
(4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter;
(5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Chapter;
(6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; Item 1E - Page 8
Ordinance No. 2105
(7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities , including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
B. Appeal
(1) Notwithstanding Chapter 2.05 of the Palm Springs Municipal Code, any person adversely affected by the decision of the Director pursuant to this Chapter may appeal the Director’s decision to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City . An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. All appeals must be filed within two (2) business days of the written decision of the Director, unless the Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. All appeals shall be filed in writing with the City Clerk.
(2) Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the Director shall automatically file the decision with the City Clerk for de novo review by the City Manager and final decision.
(3) Any appeal shall be conducted so that a timely written final decision may be issued in accordance with applicable law.
Section 14.28.050 General Standards for W ireless Facilities in the Public Rights - of-Way.
Item 1E - Page 9
Ordinance No. 2105
A. Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this C hapter and the wireless regulations, in addition to the requirements of any other applicable law.
B. Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights -of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights -of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights of way.
C. Location Preferences. All applicants should, to the extent feasible, collocate new facilities and substantial changes to existing facilities with existing facilities.
D. Design Standards. Permits for personal wireless services facilities shall incorporate specific concealment elements to minimize visual impacts and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive or placement is required under applicable law , wireless facilities shall be consistent in color and materials to the existing facilities on which it is collocated.
Section 14.28.060 Applications.
A. Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: Public Works Director, at 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262.
B. Pre-application meeting. Prior to filing an application for an encroachment permit , an applicant is encouraged to schedule a pre- application meeting with the Director to discuss the proposed facility, the requirements of this Chapter , and any potential impacts of the proposed facility.
C. Content. An application must contain:
Item 1E - Page 10
Ordinance No. 2105
(1) Any information required pursuant to the wireless regulations;
(2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility;
(3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility , and specifications for each element of the wireless facility , clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility.
Before and after 360-degree photosimulations must be provided.
(4) Documentation sufficient to show that the proposed facility will comply with generally applicable health and safety provisions of the City Code and the FCC’s radio frequency emissions standards.
(5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached.
(6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Chapter.
(7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City . Before and after 360-degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally applicable health and safety provisions of the City Code and the FCC’s radio frequency emissions standards.
(8) Proof that notice has been mailed to owners and residents of all properties and multifamily dwelling unit(s) within 300 feet of the proposed personal wireless services facility.
(9) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, Item 1E - Page 11
Ordinance No. 2105
or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim.
Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application.
(10) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public.
(11) Any required fees.
D. Fees. Application fee(s) shall be required to be submitted with any application for an encroachment permit . The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution.
Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for an encroachment permit unless paid as a refundable deposit.
E. Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local , and federal law. If such an application is incomplete, the Director may notify the applicant in writing, and specifying the material omitted from the application.
Section 14.28.070 Findings; Decisions; Consultants.
A. Findings Required for Approval.
(1) Except for eligible facilities requests, the Director or City Manager , as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
a. The facility is not detrimental to the public health, safety, and welfare;
b. The facility complies with this Chapter and all applicable design and development standards or grant of an exception is warranted; and
c. The facility meets applicable requirements and standards of state and federal law.
(2) For eligible facilities requests, the Director or City Manager , as the case may be, shall approve an application if, on the basis of the Item 1E - Page 12
Ordinance No. 2105
application and other materials or evidence provided in review thereof, it finds the following:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply wit h all generally applicable laws.
B. Findings required for exceptions. An exception to the requirements of this Chapter may be granted, if it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable state or federal laws or regulations.
If that determination is made, an exception may be granted but only to the minimum extent required to avoid the prohibition or violation.
C. Decisions. Decisions on an application by the Director or City Manager shall be in writing and include the reasons for the decision.
D. Independent Consultants. The Director or City Manager, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.
Section 14.28.080 Conditions of Approval.
A. Generally. In addition to any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits granted pursuant to this Chapter shall be subject to the following conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way.
(2) Permit Duration. An encroachment permit shall be valid for a period of ten (10) years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of ten (10) years from the date of issuance, such Permit shall automatically expire, unless an extension or renewal has been Item 1E - Page 13
Ordinance No. 2105
granted. A person holding an encroachment permit must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) at least ninety (90) days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility may remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.
(3) Timing of Installation. The installation and construction authorized by an encroachment permit shall begin within one (1) year after its approval, or it will expire without further action by the City. The installation and construction authorized by a n encroachment permit shall conclude, including any necessary post -installation repairs and/or restoration to the ROW, within thirty (30) days following the day construction commenced.
(4) Commencement of Operations . The operation of the approved facility shall commence no later than one (1) month after the completion of installation, or the encroachment permit will expire without further action by the City.
(5) As-Built Drawings. The Permittee shall submit an as -built drawing within ninety (90) days after installation of the facility.
(6) Inspections; Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City . The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
(7) Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.
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(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $1,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds.
Permittee shall use its best efforts to provide [thirty (30) days’] prior notice to the City of to the cancellation or material modification of any applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials , and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus , and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs , and expenses , and any and all claims, demands, law suits , or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incur red by the City in the course of the defense. Such indemnification obligations will survive the expiration, revocation or other termination of this permit.
(10) Performance Bond. Prior to issuance of an encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor’s Item 1E - Page 15
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quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
(11) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
(12) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all cos ts and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to an encroachment permit, the Permittee shall provide the City with documentation establishing to the city's satisfaction that the Permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right -of-way or city utility easement to be affected by Permittee's facilities.
(13) No Right, Title , or Interest. The permission granted by a encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in Permittee by reason of a encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.
(14) No Possessory Interest. No possessory interest is created by a encroachment permit . However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Permittee acknowledges that City has given to Permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against Permittee’s Item 1E - Page 16
Ordinance No. 2105
right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
(15) General Maintenance. The site and the facility, including , but not limited to , all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans . All graffiti on facilities must be removed at the sole expense of the permittee within forty -eight (48) hours after notification from the City.
(16) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must certify actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general
population/uncontrolled RF exposure in all sectors. For this certification, the transmitter shall be operating at maximum operating power.
(17) Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(18) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
(19) Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such agreement.
(20) Conflicts with I mprovements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment , or width of any right -of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.
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Ordinance No. 2105
(21) Abandonment. If a facility is determined by the Director not to be operating, the wireless facility authorized by the encroachment permit and any other permit or approval therefor shall be deemed abandoned and the permits terminated automatically, unless (i) the facility has resumed operations within ninety (90) days from a written notice from the Director, or (ii) the City has received an application to transfer the permi t(s) to another service provider. No later than thirty (30) days from the date the facility is determined to have been abandoned or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the per mit h as been terminated pursuant to this sub section, the site s hall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this pr ovision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
(22) Encourage Co-location. Where the facility site is capable of accommodating a co-located facility upon the same site in a manner consistent with the permit conditions for the existing facility and the City Code, the owner and operator of the existing facility shall allow co-location of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
(23) Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties t hat would be resolved through an inspection of the missing records will be construed against the permittee.
(24) Attorney’s Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a Item 1E - Page 18
Ordinance No. 2105
permit, and such legal action is taken, the Permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the Permittee prevails in the enforcement proceeding.
B. Eligible Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for an eligible facility requests granted pursuant to this Chapter shall be subject to the following additional conditions, unless modified by the approving authority:
(1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the permit for the existing tower or base station.
(2) No permit term extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the existing tower or base station, and this permit’s term shall be coterminous with the existing permit or other regulatory approval for the s ubject tower or base station.
(3) No waiver of standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.
C. Small Cell Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be subject to the following condition, unless modified by the approving authority:
(1) No waiver of standing. The city’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related Item 1E - Page 19
Ordinance No. 2105
to small cell facilities , or any modification to those FCC orders or rules.
Section 14.28.090 Breach; Termination of Permit.
A. For breach. An encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right -of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City .
All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.
B. For installation without a permit. A wireless facility installed without an encroachment permit (except for those exempted by this Chapter) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City . All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.
C. Municipal Infraction. Any violation of this Chapter will be subject to the same penalties as described in Section 1.01.140 of the Palm Springs Municipal Code.
Section 14.28.100 Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person’s request for, an agreement.
Section 14. 28.110 Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Chapter , it is the intent of the City to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.
SECTION 3: The Director, or their delegate, is directed to execute all documents and to perform all other necessary City acts to implement effect this Ordinance.
SECTION 4: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because Item 1E - Page 20
Ordinance No. 2105
it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will con duct preliminary review under CEQA at that time.
Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Riverside within five working days of the passage and adoption of the Ordinance.
SECTION 5: Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable.
SECTION 6: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
RON DEHARTE
MAYOR
Item 1E - Page 21
Ordinance No. 2105
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1E - Page 22
Ordinance No. 2105
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2105 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on November 21, 2024 and adopted at a regular meeting of the City Council held on January 9, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 1E - Page 23
CITY COUNCIL STAFF REPORT
D
ATE: JANUARY 9, 2025 CONSENT CALENDAR
SU
BJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2104, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF
UTILITIES AND THE FORMATION OF UNDERGROUND UTILITY
DISTRICTS
F
ROM: Scott C. Stiles, City Manager
BY: Offi
ce of the City Clerk
S
UMMARY:
T
his is the second reading of an ordinance to amend the Palm Springs Municipal Code Article V of Chapter 8.04 of Title 8, codifying a procedure for the formation of new underground utility districts.
RE
COMMENDATION:
W
aive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2104, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF UTILITIES AND THE FORMATION OF UNDERGROUND UTILITY DISTRICTS.” ST
AFF ANALYSIS:
On N
ovember 21, 2024, Ordinance No. 2104 was introduced for first reading, as noted below:
M
OTION BY MAYOR PRO TEM DEHARTE, SECOND BY MAYOR BERNSTEIN, CARRIED 4-0, to:
1. Conduct first reading and introduce Ordinance No. 2104 e ntitled, “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF UTILITIES AND THE FORMATION OF UNDERGROUND UTILITY DISTRICTS.”
Item 1F - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Second Reading & Adoption of Ordinance No. 2104
2. Approve Resolution No. 25261 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA ADOPTING A POLICY AND
PROCEDURAL DOCUMENT, ENTITLED UNDERGROUND UTILITY DISTRICT FORMATION GUIDELINES FOR RULE 20B AND RULE 20C PROJECTS TO
GUIDE RESIDENTS IN UNDERGROUNDING OVERHEAD ELECTRICAL AND COMMUNICATION UTILITIES IN THEIR NEIGHBORHOODS.”
3. Authorize the City Manager to execute all necessary documents.
AYES: Councilmembers Middleton, Garner;
Mayor Pro Tem deHarte; Mayor Bernstein.
NOES: None.
ABSENT: Councilmember Holstege.
C
ity Attorney’s Summary: This ordinance amends the City of Palm Springs Municipal Code to codify the procedure for the formation of new underground utility districts.
T
his report provides for the City Council to waive further reading and adopt the ordinance.
The ordinance shall be effective 30-days from adoption.
R
EVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
AT
TACHMENTS:
A. O
rdinance No. 2104
Item 1F - Page 2
ATTACHMENT A
Ordinance No. 2104
Item 1F - Page 3
ORDINANCE NO. 2104
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING PALM
SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER
8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF
UTILITIES AND THE FORMATION OF UNDERGROUND
UTILITY DISTRICTS
C
ity Attorney’s Summary
This ordinance amends the City of Palm Springs Municipal Code to codify the procedure for the formation of new
underground utility districts.
WHEREAS, the City’s municipal code sets the requirements for installing service wires and lines, including but not limited to certain overhead electrical lines, underground (“undergrounding”) for new and existing developments and places the responsibility for compliance on the developer and owner; and
WHEREAS, the City supports undergrounding overhead utility wires and poles ; and
WHEREAS, undergrounding improves public safety by reducing the threat of fire, impacts from earthquakes and high wind events, and also reduces utility company maintenance costs; and
WHEREAS, undergrounding improves the aesthetics of the City; and WHEREAS, City residents have expressed interest in voluntarily undergrounding service wires, lines, and poles in their residential communities; and WHEREAS, the cost of undergrounding can range in the tens of thousands of dollars per household, or higher; and
WHEREAS, the California Public Utilities Commission (“CPUC”) created the Rule 20 program in the 1970s to assist residents and municipalities with financing the cost of undergrounding; and
WHEREAS, per CPUC Decision 23- 06-008, the Rule 20A program, which promoted municipal undergrounding projects, has been effectively terminated; and WHEREAS, the CPUC left its Rule 20B and Rule 20C programs largely intact; and WHEREAS, Rule 20B programs empower private property owners to support the cost of undergrounding projects in their neighborhoods via the implementation of an assessment district on properties benefitted by the undergrounding project in order to fiscally support the undergrounding effort, with the cost of undergrounding paid over time Item 1F - Page 4
Ordinance No. 2104
and assessed on the property owners’ tax rolls; and
WHEREAS, under Rule 20B, a small portion of the project (typically between 20% and 40% of total costs) is eligible (though not guaranteed) for reimbursement by the utility service provider, with the reimbursement spread across ratepayers; WHEREAS, the formation of an assessment district must follow the strict requirements of Proposition 218 (Articles XIIIC and XIIID of the California constitution); and
WHEREAS, the formation of an assessment district is a multi -stage endeavor, involving an exploratory phase, a petition phase, and a formal vote(s) before the construction phase can begin; and
WHEREAS, the formation of an assessment district is guided by the policies and procedures adopted by the governing body of the municipality in which the proposed district would reside; and
WHEREAS, the current Palm Springs Municipal Code is silent on the issue of the formation of assessment districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. That the recitals reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2.
Code Amendment. Article V, “Undergrounding of Utilities,” of the Palm Springs Municipal Code Chapter 8.04 is amended to read in full as follows . New text is marked in underline, deleted text is marked in strikethrough:
“Article V. Undergrounding of Utilities.
Division 1 – Generally.
8.04.401 New construction.
No certificate of occupancy for new buildings or structures shall be issued unless or until all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on- site, abutting, and/or transecting, are installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities
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8.04.402 Existing development.
(a) Utility lines of less than 35 kV and overhead service drop conductor(s), including all lines on site, abutting and transecting shall be placed underground when existing buildings or structures are remodeled or expanded where the modification increases the building footprint (exclusive of porches and patios) of an existing structure by more than 10 percent for multifamily, commercial and industrial uses and by more than 40 percent for single- family use unless undergrounding is deferred pursuant hereto.
Deferral may be permitted by the city engineer under the following circumstances: (1) if the length of line to be undergrounded is less than 300 lineal feet; or (2) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (3) if there are alternative methods of accomplishing the under -grounding; or (4) there is limited public benefit to the undergrounding.
(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of $20,000.00 whichever is less. The undergrounding of utilities may be waived or deferred by the planning director under the following circumstances: (1) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (2) if there are alternative methods of accomplishing the undergrounding; or (3) there is limited public benefit to the undergrounding.
(c) Wherever in this section deferral of undergrounding is approved, a covenant shall be recorded, running with the land and setting forth the circumstances under which undergrounding shall be required and giving enforcement rights to the city. Among other provisions the covenant shall provide that the covenantor shall waive any right to protest the establishment of any undergrounding assessment district or other area- wide method of funding such undergrounding including any obligation to reimburse other parties for their respective share of such undergrounding cost. The city shall retain the right to underground such utilities and to receive from covenantor their respective share of such cost, and to establish a lien against the property should covenantor not pay such funds following reasonable notice.
8.04.403 Responsibility for compliance.
The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies to have such facilities, and/or equipment, properly indicated on a site plan to be submitted with the street improvement plans.
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Ordinance No. 2104
8.04.404 Appurtenances.
For the purpose of this chapter, appurtenances and associated equipment, such as, but not limited to, transformers and terminal boxes, shall be installed underground, except in those instances where surface- mounted transformers or pedestal-mounted terminal boxes or meter cabinets, concealed ducts, or similar appurtenances are specifically permitted in aboveground locations as approved by both the city and the utility company.
8.04.405 Risers.
Risers on poles and buildings are permitted on single lot developments and shall be provided by the developer or owner on the existing pole which services said property. In no such case shall a new pole be installed, unless a hardship exists, in which case, the director of community development, or his representative, may waive this requirement.
8.04.406 Appeal.
The decision of the director of community development is appealable to the planning commission.
Sections 8.04.407–8.
04.449 Reserved.
Division 2 – Underground Utility Districts.
8.04.450 Definitions.
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commission means the California Public Utilities Commission.
Poles, overhead wires, and associated overhead structures means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service.
Underground utility district and district mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to Section 8.04.452.
Utility includes all persons supplying electric, communication, or similar associated service by means of electrical materials or devices.
8.04.451 Adoption of Undergrounding Policies and Procedures.
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Ordinance No. 2104
The City Council may, from time to time, adopt by resolution those policies and procedures for the exploration, petition, and formation of underground utility districts by interested residents.
8.04.452 Assessment District Formation and Formal Votes (Weighted & Parcel).
The City Council shall consider the application and/or petition of the proponents of a proposed underground utility districts, provided such application and/or petition complies with the City’s then- current policies and procedures for the formation of underground utility districts. If the City Council approves the formation, it shall adopt a resolution of initiation and direct the city engineer to prepare the required, Proposition 218-compliant Engineer’s Report identifying the special benefits the proposed undergrounding project confers to the properties. The Engineer’s Report shall determine the precise assessment amount on each property within the proposed district based upon the specific special benefit conferred upon each parcel, taking into account administrative, design, and construction costs quoted by the participating utility companies as well as financing costs, making allowances for cost overruns.
The City Council shall consider the Engineer’s Report and may approve it by resolution. In such event, the City Council shall direct the City Clerk to mail assessment ballots to all affected property owners, along with a Notice of Public Hearing, as required by Proposition 218. The ballots shall be printed in such a way as to allow affected property owners to indicate their support for, or opposition to, the proposed assessment. Property owners shall have 45 days to return the ballots, which shall be opened and tabulated at the noticed public hearing.
If a majority (50% + 1) of the returned assessment ballots are in favor of the project, as weighted by each assessment amount, the City Council will approve a resolution forming the assessment district. Otherwise, the assessment district is not formed. Regardless of whether a property owner voted to approve the formation of the assessment district, upon such formation all owners of property within the newly formed assessment district must make arrangements to pay their assigned portion of the assessment. Property owners may, within thirty days, pay all or a portion of their assessment as calculated in the Engineer’s Report and approved by a majority of the returned assessment ballots. Property owners who fail to pay the full amount within thirty days shall be liable for any unpaid amount via bond and a lien on the assessed property. Regardless of whether a property owner voted to approve the formation of the assessment district, the property owner, and their successors or assigns, is responsible for all costs of connection between the assessed real property and the resulting underground utility system, when available.”
SECTION 3. Effective Date. This ordinance shall become effectiv e 30 days after its adoption.
Item 1F - Page 8
Ordinance No. 2104
SECTION 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.
SECTION 5. Se verability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared inval id or unconstitutional or contravened via legislation.
PASSED
, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9TH DAY OF JANUARY 2025.
RON DEHARTE
MAYOR
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
Item 1F - Page 9
Ordinance No. 2104
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. 2104 is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the 21 st day of November 2024, and adopted at a regular meeting of the City Council held on the 9th day of January 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of January 2025.
BRENDA PREE, MMC, CERA
CITY CLERK
Item 1F - Page 10
CITY COUNCIL STAFF REPORT
D
ATE: JANUARY 9, 2025 CONSENT CALENDAR
SU
BJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2106, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE
CHAPTER 11.44, MODIFYING SIGNAGE POSTING REQUIREMENTS AT
PARKS AND RECREATION AREAS
F
ROM: Scott C. Stiles, City Manager
BY: Nic
holas S. Gonzalez, Director of Parks and Recreation
S
UMMARY:
The
proposed action will amend the Palm Springs Municipal Code Section 11.44 modifying signage posting requirements at parks and recreation areas from every one- hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.
RECOMMENDATION:
W
aive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2106, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44
MODIFYING SIGNAGE POSTING REQUIREMENTS AT PAR KS AND RECREATION AREAS.”
B
ACKGROUND:
O
n July 25, 2024, the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager. City staff had begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099.
C
urrently, Palm Springs Municipal Code (PSMC) Chapter 11.44 requires signage to be posted every one-hundred feet, and staff has found that this would burden the use of park and recreation areas. Parks and Recreation, Engineering Services and the Department Item 1G - Page 1
of Special Program Compliance met to discuss the placement of signage in City Parks to allow enforcement and the requirements of PSMC Sections 11.44.040, 11.44.060 and
11.44.080 regarding six or more people congregating in public parks, park hours and loitering.
The existing PSMC Section 11.44.040 and 11.44.080 subsection (h) (5) states that “Signs shall be posted every one-hundred feet”. This provides for a prohibitive number of signs that would be required to be placed in the park and it would appear that they would create both visual and functional issues.
STAFF ANALYSIS:
On November 21, 2024, the first reading of Ordinance No. was introduced and approved by City Council to amend Palm Springs Municipal Code Section 11.44 to modify signage posting requirements at parks and recreation areas from every one-hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion. The changes outlined in this Ordinance would allow for the installation of signage required to enforce Ordinance No. 2099 relating to regulating encampments and sleeping on public property.
ENV
IRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the requested city Council Action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
ALIGNMENT WITH STRATEGIC PLANNING:
This action aligns with City Council Priority 1 – Quality of Life.
FISCAL IMPACT:
The cost to replace the required signage is anticipated to be less than $5,000 and will require the use of account 1006540-40105.
REVIEWED BY:
Director of Parks & Recreation: Nicholas S. Gonzalez
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance
Item 1G - Page 2
B. November 21, 2024, Staff Report
Item 1G - Page 3
ATTACHMENT A
Item 1G - Page 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE
POSTING REQUIREMENTS AT PARKS AND RECREATION
AREAS.
City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code to modify signage posting requirements at parks and recreation areas from every one hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. On July 25, 2024 the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property; and
B. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager, and
C. City staff has begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099; and
D. Currently, Chapter 11.44 requires signage to be posted every one hundred feet, and staff has found that this would burden the use of park and recreation areas; and
E. This ordinance is a technical update to the City’s Municipal Code amending specific sections of Chapter 11.44 to require signage at the main entrances of park and recreation areas and at the City Manager’s or their designee’s discretion.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
SECTION 1 . Code Amendment. Section 11.44.030(c)(5) of the Palm Springs Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.030(c)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 2 . Code Amendment. Section 11.44.040(h)(5) of the Palm Springs Item 1G - Page 5
Ordinance No.
Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.040(h)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 3. Code Amendment. Section 11.44.080(b)(5) of the Palm Springs Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.080(b)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 4. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law; this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS __ DAY OF __________, 2025.
JEFFREY BERNSTEIN
MAYOR
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
Item 1G - Page 6
Ordinance No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _______, 2025, and adopted at a regular meeting of the City Council held on the __ day of _______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2025.
BRENDA PREE, MMC
CITY CLERK
Item 1G - Page 7
ATTACHMENT B
Item 1G - Page 8
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 BUSINESS & LEGISLATIVE
SUBJECT: INTRODUCTION OF AN ORDINANCE ENTITLED “ AN ORDINANCE OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44, MODIFYING SIGNAGE
POSTING REQUIREMENTS AT PARKS AND RECREATION AREAS
FROM: Scott C. Stiles, City Manager
BY: Lauri Aylaian, Interim Director of Parks and Recreation
SUMMARY:
This proposed Ordinance will amend the Palm Springs Municipal Code to modify signage posting requirements at Parks and Recreation areas from every one- hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only.
2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE POSTING
REQUIREMENTS AT PARKS AND RECREATION AREAS.”
BACKGROUND:
On July 25, 2024, the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager. City staff had begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099.
Currently, Palm Springs Municipal Code (PSMC) Chapter 11.44 requires signage to be posted every one-hundred feet, and staff has found that this would burden the use of park and recreation areas. Parks and Recreation, Engineering Services and the Department of Special Program Compliance met to discuss the placement of signage in City Parks to Item 1G - Page 9
allow enforcement and the requirements of PSMC Sections 11.44.040, 11.44.060 and
11.44.080 regarding six or more people congregating in public parks, park hours and loitering.
The existing PSMC Section 11.44.040 and 11.44.080 subsection (h) (5) states that “Signs shall be posted every one-hundred feet”. This provides for a prohibitive number of signs that would be required to be placed in the park and it would appear that they would create both visual and functional issues. For example, how can there be signs every 100’ on a soccer or baseball field?
STAFF ANALYSIS:
This ordinance is a technical update to the City’s Municipal Code amending specific sections of Chapter 11.44 to require signage at the main entrances of park and recreation areas and at the City Manager’s or their designee’s discretion.
Section 11.44.030(c)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.030(c)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
Section 11.44.040(h)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.040(h)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
Section 11.44.080(b)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.080(b)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
The changes outlined above would allow for the installation of signage required to enforce Ordinance No. 2099 relating to regulating encampments and sleeping on public property.
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the requested city Council Action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
Item 1G - Page 10
ALIGNMENT WITH STRATEGIC PLANNING:
This action aligns with City Council Priority 1 – Quality of Life.
FISCAL IMPACT:
The cost to replace the required signage is anticipated to be less than $5,000 and will require the use of Parks Maintenance account 1006540-40105.
REVIEWED BY:
Interim Director of Parks & Recreation: Lauri Aylaian
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Amended Ordinance
Item 1G - Page 11
ATTACHMENT A
Item 1G - Page 12
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALI
FORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE
POSTING REQUIREMENTS AT PARKS AND RECREATION
AREAS.
City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code to modify signage posting requirements at parks and recreation areas from every one hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. On July 25, 2024 the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property; and B. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager, and C. City staff has begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099; and D. Currently, Chapter 11.44 requires signage to be posted every one hundred feet, and staff has found that this would burden the use of park and recreation areas; and E. This ordinance is a technical update to the City’s Municipal Code amending specific sections of Chapter 11.44 to require signage at the main entrances of park and recreation areas and at the City Manager’s or their designee’s discretion.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
SECTION 1 . Code Amendment.
Section 11.44.030(c)(5) of the Palm Springs
Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.030(c)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTI
ON 2 . Code Amendment. Section 11.44.040(h)(5) of the Palm Springs Item 1G - Page 13
Muni
cipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.040(h)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
S
ECTION 3. Code Amendment. Section 11.44.080(b)(5) of the Palm Springs Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.080(b)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 4. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law; this Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS __ DAY OF __________, 2024.
J EFFREY BERNSTEIN
MAYOR
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
Item 1G - Page 14
CE
RTIFICATION
S
TATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I
, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _______, 20 24, and adopted at a regular meeting of the City Council held on the __ day of _______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I
N WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.
BRENDA PREE, MMC
CITY CLERK
Item 1G - Page 15
CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVE SERVICE AGREEMENT 24S353 WITH TABLET COMMAND, INC. FOR INTEGRATION AND THREE -YEARS SERVICE PROVIDING
ELECTRONIC INCIDENT COMMAND
FROM: Scott C. Stiles, City Manager
BY: Fire Department
SUMMARY:
This action will approve Service A greement 24S353 with Tablet Command , Inc. for integration and three-years’ service providing electronic incident command at a cost of $95,900.
RECOMMENDATION:
1. Approve Service Agreement 24S353 (Attachment A) with Tablet Command, Inc. for integration and three -years’ service as a Sole Source purchase at a cost of $95,900.
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) dated November 7, 2024, Tablet Command, Inc. is registered in the states of Delaware and California.
BACKGROUND:
The Fire Department currently tracks and assigns resources on -scene of an incident utilizing a whiteboard or pad of paper at the command post. Newer electronic systems allow for instant access to critical incident data including type, location, units responding and status, occupancy history, preplans, hydrants, addresses with turn -by-turn navigation.
Item 1H - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Approve agreement with Tablet Command, Inc. for electronic incident command
Electronic solutions also allow command staff to track unit assignments, location, and show apparatus location through Automatic Vehicle Location (AVL) which displays a real- time visibility of deployments.
STAFF ANALYSIS:
Staff researched solutions and found that most departments in Riverside County are currently using or are in the process of implementing Tablet Command. Tablet Command utilizes technology to track and assign resources on a tablet in the form of tactical worksheets. A cquiring the solution would allow Palm Springs Fire Department interoperability with neighboring agencies and the ability to track resources county wide.
Tablet Command also allows everyone in the department the ability to view critical information including vehicle location , dispatch n otes, and incident management activities. The system allows for r eal-time interaction on iPads and smartphones with a common set of user customizable maps.
Staff participated in hands-on demonstrations of the solution and is satisfied with the performance and enhanced capabilities. Staff then worked with Tablet Command, Inc. to help determine the best solution for the Fire Department. Tablet Command , inc. recommended implementing a two -way interface with the Computer Aided Dispatch (CAD) system to allow interacting directly with dispatch.
Implementing the complete solution will lead to increased situational awareness and streamline deployments. The one-time cost to implement the solution and integrate with CAD is $26,000, and the recurring costs are $23,300 a year which bring the three-year total to $95,900.
Tablet Command, Inc. is a sole source provider (Attachment C) for these services which is allowed by Title 7 Section 7.05.020 of the Municipal Code. Staff recommends approving to Agreement 24S353 with Tablet Command, Inc. for integration and three-years’ service providing electronic incident command at a cost of $95,900.
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.
Item 1H - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Approve agreement with Tablet Command, Inc. for electronic incident command
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council principle of Forward-Thinking Governance.
FISCAL IMPACT:
Funding has been allocated for these purchases and is available in the current fiscal year in accounts 1006000-40105 (75%) and 4157035-40105 (25%).
REVIEWED BY:
Department Director: Paul Alvarado, Fire Chief
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:
A. Agreement 24S353
B. Business Disclosure
C. Sole Source Letter
Item 1H - Page 3
Tablet Command
Service Agreement
1 This Agreement (“Agreement”) is entered into as of January 13, 2025 (“Effective Date”) by and between Tablet Command, Inc., a Delaware corporation (the “Company”), and the City of Palm Springs, a California municipal corporation, through the Palm Springs Fire Department (or “Customer”). Company and Customer shall be individually referred to as a “Party” and collectively referred to as the “Parties”.
Whereas, an important value of the Customer is to operate a strong, sustainable, reliable, shared notification, response, and incident management system.
Whereas, the Customer believes that a common or shared notification, response, and incident management will produce a more reliable and standardized operational picture and benefit response personnel as a whole.
Whereas, the Customer recognizes that t he followi ng will improve safety on the emergency sce
ne:
● Timely
and accurate incident notification
● Comprehensive and accurate mapping and routing
● Access to agency map data through Esri ARC GIS Online ● Shared incident view by all users
● Transfer of command
● Standardized command and control
● Agency specified incident templates and checklists
● Time stamped record of all actions on the emergency scene ● Improved after-action analysis with time-stamped documentation ● Improved accountability.
Whereas, bo
th Parties recognize that a relationship described herein may be mutually beneficial.
Now ther
efore, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. Services
. During the Term Company will provide the following “ Services”: Services account activation, including CAD integration and testing, account configuration, mobile device authentication, integration to third party solutions (staffing, pre- planning, etc.) as outlined in the quote(s) provided, initial training and orientation, access to the Tablet Command services and applications for Authorized Users, and ongoing customer support.
2. Customer
Obligations, Representations and Warranties.
a. Customer users (“Authorized Users”) will be required to agree via a click-through agreement to the terms of the Apple Standard End User License Agreement (“EULA”), the content of which is available at https://www.apple.com/legal/internet- services/itunes/dev/stdeula. The terms of this Agreement and the EULA are binding on the Customer and each Authorized User . In the event of a conflict 24S353
Item 1H - Page 4
Tablet Command Service Agreement
v. 2024-07-30
betw
een the terms of this Agreement and the EULA, the terms of this Agreement shall control.
b. In connection with the provision of the Services to Customer, Customer agrees to direct incident data to https://api.tabletcommand.com.
c. Customer will not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by this Agreement.
3. License G
rants and Restrictions.
a. License Right . Company grants Customer a revocable, non- exclusive, non - transferrable, non- assignable limited right to install and use the Services on a computer or device controlled by an Authorized User (each a “ Device”), and to access and use the Services on such Device strictly in accordance with the terms and conditions of this Agreement for the purpose of assisting users in managing their human resources and apparatus during an emergency. b. Restrictions. Customer shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services ; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Services; or (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the material is displayed by means of the Services.
c. License to Company. Customer grants Company a royalty-free, fully paid-up right to view, record and analyze your use of the Services , including but not limited to technical information about the Devices (including Device UUID), computer, physical location, system and application software, and peripherals. d. Restricted Use of the Services. The Services are not a substitute for sound fire management techniques and practices in emergency situations. Customer agrees not to use, access, sell, resell, or offer for any commercial purposes, any portion of the Services.
e. General Practices Regarding Use and Storage.
i. The Company may establish general practices and limits concerning use of the Services. Customer and its Authorized Users will use the Services in compliance with all applicable international, state, federal and local laws and in accordance with the terms of this Agreement . No Authorized User may access or use the Services for any purpose other than that for which the Company makes it available. Without limiting any other remedies, the Company may suspend or terminate any Authorized User account if the Company suspects that an Authorized User has engaged in unlawful or prohibited activity in connection with the Services. The Company acknowledges and understands that certain portions of the Services may require and utilize phone service, data access or text messaging capability. ii. The Company may terminate an Authorized User’s account in its reasonable discretion and for any reason for reasons that include, but are not limited to, the following: (1) violation of this Agreement; (2) use of the Services in a manner inconsistent with the license right set forth above; (3) an Authorized User’s request for such termination; or (4) as required by law, regulation, court or governing agency order. The Company’s Item 1H - Page 5
Tablet Command Service Agreement
v. 2024-07-30
ter
mination of any Authorized User’s access to the Services may be affected upon reasonable notice and, on such termination, the Company may immediately deactivate or delete such Authorized User’s account and/or prohibit any further access to files or data from such account . The Company shall not be liable to the Customer, any Authorized User or any other third party for any termination of an Authorized User’s access or account hereunder. In addition, an Authorized User’s request for termination will result in deactivation but not necessarily deletion of the account.
f. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202- 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
4. Fees. Company shall provide the Services and the Services in consideration for the fees set forth in the quote(s) provided to and approved by the Customer. Each such quote shall be attached hereto as an Exhibit A . Company will issue periodic invoices and Customer agrees to pay such undisputed amounts within thirty (30) days of receipt. Any undisputed invoices that remain unpaid more than thirty (30) days past their due date shall incur interest at the rate equal to the lower of 15% per year or the maximum rate allowed by applicable law.
5. Term. The
term of this Agreement will begin on the Effective Date and will continue until three (3) years from the Effective Date. Upon expiration of this initial term, the Parties shall have the option to renew this Agreement for additional one-year terms upon mutual written agreement.
6. Conf
identiality and Data Security.
a. “C
onfidential Information” means any non- public information that relates to Company or Customer, as applicable, including without limitation, the terms and conditions of this Agreement, technical data, know -how, trade secrets, product plans, markets, services offerings, customer lists and customers, software, research and developments, inventions, processes, formulas, designs, drawings, hardware configurations or finances. Confidential Information does not include information that (i) is known to either Party at the time of disclosure as evidenced by written records, (ii) has become publicly known and made generally available through no wrongful act of the receiving Party or (iii) has been rightfully received by a Party from a third party who is authorized to make such disclosure. b. Nonuse and Nondisclosure. Neither Party will during or subsequent to the term of this Agreement, (i) use the Confidential Information for any purpose other than the performance of this Agreement or (ii) disclose Confidential Information to any third party. Confidential Information will remain the sole property of the disclosing Party. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure or use of such Confidential Information. c. Permitted Disclosure. Notwithstanding the restrictions on use and disclosure of Confidential Information in 6.b, a Party may disclose Confidential Information as Item 1H - Page 6
Tablet Command Service Agreement
v. 2024-07-30
necess
ary to comply with a legal demand or obligation (e.g., subpoena, civil investigative demand) so long as such Party provides at least five (5) business days prior written notice of such disclosure to the other Party (to the extent legally permitted) and any assistance reasonably requested by the other Party to contest or limit the disclosure. Company acknowledges and understands that the Customer is a public agency subject to the disclosure requirements of the California Public Records Act, Government Code section 7920.000 et seq. (“CPRA”). If the Customer receives a request for information or records that Company may consider Confidential (e.g., proprietary information), the Customer will provide notice to Company pursuant to this section prior to disclosure. If Company contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it may obtain a protective order, injunctive relief or other appropriate remedy from a court of law in the appropriate jurisdiction before the Customer is required to respond to the CPRA request.
d. Remedies. In addition to the procedures for a CPRA request specified in Section
6.c above, if a Party discloses or uses (or threatens to disclose or use) Confidential Information, the Party whose Confidential Information is or may be disclosed or used will have the right, in addition to any other remedies under this Agreement, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that other available legal remedies are inadequate.
7. Owne
rship. The Parties agree that all copyrights, moral rights, notes, records, drawings, designs, inventions, improvements, developments, discoveries, computer programs (e.g. source code, object code, listings), work-in-progress, deliverables, drawings, designs, logos, images, trademarks, and trade secrets conceived, discovered, developed or reduced to practice by Company (collectively, “Inventions”), solely or in collaboration with others, are the sole property of Company, except the extent of any Customer Confidential Information.
8. Indemn
ity; Disclaimer; Limitations of Liability.
a. Indemn
ification by Customer. The Customer shall indemnify, defend and hold harmless the Company, and its affiliates and their respective officers, employees and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, due to or arising out of Customer’s or any Authorized User’s alleged negligent acts or omissions, or intentional misconduct during its use of the Services; or any material breach of this Agreement. b. Indemnification by Company. The Company agrees to indemnify, defend, and hold Customer harmless from and against any and all third-party claims, including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer , arising out of a claim that the Services infringe or misappropriate any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right (an “Infringement Claim”). In the event that the Company is enjoined from delivering either preliminary or permanently, or continuing to license to Customer, the Services and such injunction is not dissolved within thirty (30) days, or in the event that Customer is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any patent, copyright, trade secret, trademark, or other proprietary right in the use of the Services, then the Company may, at its expense and option: (a) obtain for Customer the right to continue using the Services; (b) replace or modify the Item 1H - Page 7
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Serv
ices so that it does not infringe upon or misappropriate such proprietary right and is free to be delivered to and used by Customer; or, (c) in the event that the Company is unable or determines, in its reasonable judgment, that it is commercially unreasonable to do either of the aforementioned, the Company shall reimburse to Customer the unused portion of the fees paid for the Services. c. Indemnification Procedures. Promptly after receipt by Customer of a threat of any I
nfringement Claim, or a notice of the commencement, or filing of any Infringement Claim against Customer, Customer shall give notice thereof to the Company, provided that failure to give or delay in giving such notice to the Company shall not relieve the Company of any liability it may have to Customer except to the extent that the Company is prejudiced by such failure or delay .
Customer shall not independently defend or respond to any such claim; provided, however, that Customer shall have the right, at its own expense, to monitor the Company’s defense of any such claim. The Company shall have sole control of the defense and of all negotiations for settlement of such action. At the Company’s request, Customer shall cooperate with the Company in defending or settling any such action; provided, however, that the Company shall reimburse Customer for all reasonable out -of-pocket costs incurred by Customer (including, without limitation, reasonable attorneys’ fees and expenses) in providing such cooperation.
d. DISCLAIMER. EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES AND INDE
MNITIES, EXPRESS OR IMPLIED, IN THE PROVISION OF SERVICES
HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF NON -
INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE CUSTOMER’S AND EACH AUTHORIZED USER’S USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY ASSUMES NO
RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVI CES WILL MEET CUSTOMER’S REQUIREMENTS AND (ii) ANY AUTHORIZED USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE.
EXCLUDING ONLY DAMAGES ARISING OUT OF THE COMPANY’S WILLFUL
MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE CUSTOMER’S OR ANY AUTHORIZED USER’S USE OR INABILITY TO USE ANY SERVICES OR SERVICES THEREON. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS
REQUIRED AND EMERGENCY MAINTENANCE WO RK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR CUSTOMER’S OR ANY AUTHORIZED USER’S USE
OF THE SERVICES OR THE DECISIONS AND INCIDENT MANAGEMENT OF THE CUSTOMER OR ANY OF ITS AUTHORIZED USERS.
e. LIMITATION OF LIABILITY. In no event shall the C ompany’s total cumulative liability to the customer, any authorized user or any other party under this agreement, arising out of the use of the Services or otherwise exceed $50.00.
Item 1H - Page 8
Tablet Command Service Agreement
v. 2024-07-30
Some
jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the Company. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by the Company. Notwithstanding the foregoing, this limitation of liability shall not apply to any indemnification obligations set forth in Section 8b above.
9. Pri
vacy Compliance.
a. Personal
Information Defined. “ Personal Information” for purposes of this section means information that the Company processes on Customer’s behalf that identifies, relates to, describes, or is reasonably capable of being associated with or linked to a particular identifiable person or household and includes, without limitation, “personal information” as defined by the California Consumer Priv acy Act of 2018, as amended, and as defined by the Personal Information Protection and Electronic Documents Act (Canada). For avoidance of doubt and not limitation, de-identified or aggregated information that is no longer reasonably capable of being associated with or linked to a particular identifiable person or household (“Anonymized Information”), will not be deemed Personal Information even if such information was derived from Personal Information. The Company may use and disclose Anonymized Information without limitation or restriction. b. Restrictions on Use. Unless specifically directed or authorized by Customer, the Company will not (i) sell or share (for cross -context behavioral advertising purposes) Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than the specific purpose of performing the services contemplated by this Agreement, including retaining, using, or disclosing Personal Information for a commercial purpose other than providing the services contemplated by this Agreement; (iii) retain, use, or disclose Personal Information outside of the direct business relationship between the parties; or (iv) combine the Customer’s Personal Information with Personal Information the Company processes on behalf of third parties or itself to the extent prohibited by applicable privacy and data security laws. Notwithstanding the foregoing, the Company may retain, use, or disclose Personal Information as reasonably necessary to fulfill or demonstrate compliance with its legal obligations.
c. Consent for Use. The Customer will provide all notices and obtain all consents required by applicable laws and regulations for the Company to process Personal Information in connection with the Services and services contemplated by this Agreement including, without limitation, the Company’s transfer to and processing of Personal Information in the United States of America, Canada, and Australia.
The Customer and each Authorized User will use the Services in compliance with all applicable laws and regulations.
d. Data Security. The Company will implement reasonable administrative, technical, and physical safeguards to protect Personal Information in its control from unauthorized or unlawful access, disclosure, or use. Without limiting the generality of the foregoing, the Company will (i) encrypt all Personal Information while in transit from/to the Customer or a third party designated by the Customer to/from Item 1H - Page 9
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the C
ompany via SSL 256 bit AES encryption or equivalent; (ii) store Personal Information on server(s) located in SSAE 16 certified data center(s); and (iii) not disclose Personal Information to third -party subcontractors unless such subcontractors have entered into a written agreement with the Company imposing privacy, data security, and confidentiality obligations on such subcontractors no less stringent than those imposed on the Company in this Agreement . The Customer gives consent to the Company’s use of subcontractors to process Personal Information on the Customer’s behalf so long as the foregoing criteria are satisfied, and the Customer waives any right it may have under applicable privacy and data security laws to receive notice of the Company’s appointment or removal of any subcontractor. The Customer will not knowingly introduce, or negligently permit to be introduced, into the Company’s computer systems, databases, hardware, or software, any virus, malware, ransomware, or other contaminants (including, but not limited to, codes, commands, instructions, devices, techniques, bugs, or flaw) that may be used to access, alter, delete, threaten, infect, damage, disable, or inhibit our full use of the Company’s computer systems, databases, hardware, or software.
e. Cooperation. The Company will reasonably cooperate with Customer, at the Customer’s cost, (i) in response to data subject requests for access, correction, deletion, or to exercise any other right provided by applicable laws and regulations to the use of such data subject’s Personal Information and (ii) in response to the Customer’s requests for assistance in connection with a data protection impact assessment, risk assessment, or similar analysis required by applicable privacy and data security laws. In the event the Company receives a data subject request relating to Personal Information, the Company will notify such data subject that it is unable to respond to the request without authorization from the Customer and will direct such data subject to contact the Customer directly to make the request. f. User IDs. The Customer will use best efforts to protect the confidentiality of user IDs, passwords, and other access credentials used by the Customer, or Customer’s employees, agents, representatives, and Authorized Users’ to access any of the services provided by the Company . The Customer will provide prompt notice to the Company of any actual or suspected compromised user IDs, passwords, or other access credentials.
g. Notice of Noncompliance. The Company will provide notice to the Customer if the Company determines it can no longer process your Personal Information in compliance with this Agreement or applicable privacy and data security laws. The Customer may, at Customer’s cost and upon at least thirty (30) days prior written notice to the Company, take reasonable and appropriate steps to mitigate the Company’s processing of Personal Information that is not in compliance with this Agreement or applicable privacy and data security laws. h. Audit. No more than once per twelve- month period, at the Customer’s cost, the Customer or its designee may audit the Company’s data security and privacy practices related to Personal Information. The Customer will provide at least thirty (30) days’ prior written notice of its intent to conduct such audit and will reasonably cooperate with the Company to minimize disruption to the Company’s day-to-day business operations as a result of such audit.
i. Personal Information Retention . Upon termination of the Customer’s account, the Company will return or destroy, at the Customer’s option, the Personal Information the Company processes on the Customer’s behalf. Notwithstanding the foregoing, if return of such Personal Information is impractical, the Company Item 1H - Page 10
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v. 2024-07-30
may
destroy such Personal Information. Further notwithstanding the foregoing, the Company may retain such Personal Information (i) stored in an archive or backup system until such Personal Information is deleted from such system in the normal course of the Company's business and (ii) as reasonably necessary to fulfill or demonstrate compliance with its legal obligations or to defend or pursue a legal claim.
j. Opt-In Data Disclosures. From time -to-time the Company may make available features or integrations that permit Customer to make certain data, which may include Personal Information, available to other Company customers or to third parties. If Customer opts-in to the use of such features or integrations, Customer authorizes Company to make Customer’s data available as explained during the opt-in process. Customer agrees that company will have no liability to Customer related to data disclosed to other Company customers or third parties in connection with such features or integrations. Customer may withdraw its consent at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to [email protected]. k. AVL Data . The Company is hereby authorized to share Automatic Vehicle Location (“AVL”) data with other Company customers. Customer acknowledges and agrees that Company will have no liability to Customer related to AVL data shared with other Company customers. Company acknowledges and agrees that Customer retains the ability to opt out of participation in this AVL data sharing agreement at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to
[email protected].
10. Insurance. The Company will maintain in force during the term the insurance coverages as set forth on Exhibit B.
11. Recor
ds. The Company will maintain complete and accurate records in accordance with its then-current policies.
12. Mi
scellaneous.
a. Gover
ning Law; Venue . This Agreement shall be governed by the laws of the State of California without regard to California's conflicts of law rules. The Parties agree that the exclusive venue for any dispute arising hereunder shall be the federal or state located in the City and County of San Francisco, California and the parties waive any objection to personal jurisdiction or venue in any forum located in that county.
b. Assignability. This Agreement may not be assigned by Customer, including by operation of law, without the prior written consent of the Company, which shall not be unreasonably delayed or withheld. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, executors and administrators.
c. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous written and oral agreements between the Parties regarding the subject matter of this Agreement.
Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing and signed by the Parties hereto.
Item 1H - Page 11
Tablet Command Service Agreement
v. 2024-07-30
d. Publicity. Each party may issue press releases or otherwise publicly reference the other in advertising and marketing (such as Internet, TV, radio and print) including the use of quotations from key staff, pictures, and videos upon advanced written approval from the other Party, which shall not be unreasonably delayed or withheld.
e. Attorney’s Fees . If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
f. C ounterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which will constitute an original, and all of which will constitute one agreement. The parties agree that they will accept signature by electronic transmission in portable document format (PDF) in lieu of original signatures and that the Agreement and any amendments hereto or quotes entered pursuant to this Agreement will have the same binding and enforceable effect with electronic PDF signatures as they would have with original signatures.
[signature page follows]
Item 1H - Page 12
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND (xx)
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
Item 1H - Page 13
Tablet Command Service Agreement
v. 2024-07-30
EXHIBIT A
FORM QUOTE
Item 1H - Page 14
Quote
City of Palm Springs
City of Palm Springs Fire Department
300 N. El Cielo Rd.
Palm Springs, CA 92262
United States
Jeff Van Lierop
Deputy Chief
[email protected]
+17605671419
Quote created: October 6, 2023
Quote expires: December 1, 2024
Tablet Command, Inc.
822 Hartz Way
Suite 235
Danville, CA 94526
United States
Sales Person:
Thom Woodward
[email protected]
877-998-2639
Total $49,300.00
Products & Services
DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT
CAD Integration
Development (2-Way) Not-
to-exceed
1 $18,000.00 $18,000.00
Staffing Integration Cloud
Install/Configure
1 $2,000.00 $2,000.00
TC Customer Onboarding
and Account Configuration
- Single Agency
1 $2,000.00 $2,000.00
User Training - On Site (per
Day)
1 $2,500.00 $2,500.00
Item 1H - Page 15
DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT
User Training - Web Based
(per Day)
2 $750.00 $1,500.00
CAD Interface License (2-
Way)
1 $8,000.00
/ year
$8,000.00 / year
for 3 years
Staffing to TC Interface
License
1 $1,000.00
/ year
$1,000.00 / year
for 3 years
Agency License (2-Way) 1 $2,750.00
/ year
$2,750.00 / year
for 3 years
Pro License (Tablet) 12 $500.00
/ year
$6,000.00 / year
for 3 years
Manage 12 $50.00
/ year
$600.00 / year
for 3 years
User Status to CAD 12 $200.00
/ year
$2,400.00 / year
for 3 years
Location to CAD 12 $150.00
/ year
$1,800.00 / year
for 3 years
TC Mobile users 1-50 1 $750.00
/ year
$750.00 / year
for 3 years
SUMMARY
Annual subtotal $23,300.00
One-time subtotal $26,000.00
Total $49,300.00
Comments
Initial Service Term of January 1, 2025 - December 31, 2027 with three (3) with annual installment payments.
Item 1H - Page 16
Purchase terms
Net 30 Days
Item 1H - Page 17
Tablet Command Service Agreement
v. 2024-07-30
EXHIBIT B
INSURANCE REQUIREMENTS
During the term of the Agreement, the Company will maintain in force no less than the insurance coverages set forth as follows:
General Liability
General Aggregate: $4,000,000
Each Occurrence: $2,000,000
Products/Completed Operations Aggregate: $4 ,000,000
Personal & Advertising Injury: $4,000,000
Damage to Rented Premises: $250,000
Medical Expenses (Any one person): $10,000
Automobile Liability
Hired/Non-Owned: $4,000,000
Errors & Omissions
General Aggregate: $4,000,000
Per Claim: $2,000,000
Per Occurrence: $2,000,000
Cyber Liability
General Aggregate: $4,000,000
Each Occurrence: $2,000,000
Item 1H - Page 18
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Tablet Command, Inc.
1212 Broadway Plaza, Suite 2100
Walnut Creek, CA 94596
Delaware Corporation registered with the California Secretary of State as well.
If other than California, is the Entity also registered in California? ☑
☑
William Pigeon ☑ ☑ ☑
Andrew Bozzo ☑ ☑ ☑
Tad Buchanan ☑ ☑
F
Item 1H - Page 19
William Pigeon 17%, Tablet Command, Inc.
Andrew Bozzo
17%, Tablet Command, Inc.
Skye Thompson 10%, Tablet Command, Inc.
John Michael Buchanan, Trustee of the
Buchanan Family Revocable Trust 5%, Tablet Command, Inc.
Van Riviere 5%, Tablet Command, Inc.
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 William Pigeon, CEO
November 7, 2024
Item 1H - Page 20
1 August 22, 2024
To Whom It May Concern:
Tablet Command, Inc. is the sole source provider for all Tablet Command software and services.
We are the sole provider in the market space, providing an iOS application that can be used as a notification, incident command, resource management, and accountability solution that integrates through a direct interface with customer computer-aided dispatch (CAD) systems.
Our product is unique in the following additional ways:
● S
imple, intuitive drag-and-drop user interface
● Supports iOS and Android
● Integrates with customized Esri ArcGIS Online Web Maps ● Integrates with multiple vehicle location (AVL) sources ● Integrates with multiple staffing solutions
● Ability to view interagency shared AVL across jurisdictional boundaries ● A bility to view interagency shared CAD incident data across jurisdictional boundaries ● Incident management functions in a disconnected state ● Viewing incident management changes in real-time with Real Time Sync (RTS) ● Ability to integrate with FireMapper
● Supports In-App Audio Streams
Sincerely,
William Pigeon,
CEO
Item 1H - Page 21
CITY COUNCIL STAFF REPORT
DATE: JANUARY 9, 2025 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICE AGREEMENTS NO. 24B386 AND 24B388 WITH GA TECHNICAL SERVICES, INC., AND 24B387 AND 24B389 WITH AARON HAN DBA POLAR ELECTRICAL COMPANY FOR
ELECTRICAL MAINTENANCE AND INSTALLATION SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
Nicholas S. Gonzalez, Director of Parks and Recreation
SUMMARY:
This action will approve four Service Agreements: No. 24B386 in an amount not to exceed $870,000 and Agreement No. 24B388 in an amount not to exceed $470,000 with GA Technical Services, Inc.; and Agreement No. 24B387 in an amount not to exceed $580,000 and Agreement No. 24B389 in an amount not to exceed $315,000 with Aaron Han dba Polar Electrical Company, for elec trical maintenance and installation services for the Public Works and Parks and Recreation departments.
RECOMMENDATION:
1. Approve Contract Services Agreement 24B386 (Attachment A) with GA Technical Services, Inc. to provide electrical ma intenance and installation services for the Public Works department in an amount not to exceed $870,000 for the initial three- year term beginning January 13, 2025, t hrough January 12, 2028, with two one- year extension options at the City’s sole discretion;
2. Approve Contract Services Agreement 24B387 ( Attachment B) with Aaron Han dba Polar Electrical Company to provide electrical maintenance and installation services for the Public Works department in an amount not to exceed $580,000 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;
3. Approve Contract Services Agreement 24B388 (Attachment C) with GA Technical Services, Inc. to provide electrical ma intenance and installation services for the Parks and Recreation department in an amount not to exceed $470,000 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; Item 1I - Page 1
City Council Staff Report
January 9, 2025 -- Page 2
Award On-Call Electrical Maintenance & Installation Services Contract
4. Approve Contract Services Agreement 24B389 (Attachment D) with Aaron Han dba Polar Electrical Company to provide electrical maintenance and installation services for the Parks and Recreation depart ment in an amount not to exceed $315,000 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;
5. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure forms ( Attachments E and F) submitted on November 27, 2024, GA Technical Services, Inc. and Aaron Han dba Polar Electrical Company are both registered in the state of California.
BACKGROUND:
The City of Palm Springs requires contract services to provide on-call electrical maintenance and installation services at various City-owned buildings and City parks for the Public Works and Parks and Recreation depar tments. Due to the extent of services needed to make necessary repairs to existing inf rastructure, staff opted to resolicit bids prior to the conclusion of the current contract, as all available contract funds will be expended prior to the expiration date.
Due to the success of the initial contract awarded in 2022, staff has pursued and is recommending approval of four contract services agreements to address both planned and emergency electrical maintenance and instal lation projects. The four contracts will consist of a primary and secondary contract for the Public Works department and a primary and secondary contract for the Parks and Recreation department.
STAFF ANALYSIS:
The contracts with GA Technical Services, Inc. and Aaron Han dba Polar Electrical Company are on-call, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
An Invitation for Bids (IFB 24-37) was initiated by the City’s Procurement and Contracting Department on October 28, 2024, based on the Department of Public Works and Parks and Recreation specifications. Bids were solicited di rectly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Eight bids were received by the November 27, 2024, deadline as follows:
Item 1I - Page 2
City Council Staff Report
January 9, 2025 -- Page 3
Award On-Call Electrical Maintenance & Installation Services Contract Vendor Bid
GA Technical Services, Inc. – Glendora, CA $1,673,835.20 SoCal Electrical & Lighting Inc. – Palm Desert, CA (withdrew) $1,727,420.00 Aaron Han dba Polar Electrical Company – Fallbrook, CA $1,824,836.00 DDP Electric, Inc. – Holtville, CA (local office: La Quinta, CA) $1,939,150.00 M. Brey, Inc. dba MBE Construction – Beaumont, CA $1,963,020.00 Baran Electric – Sacramento, CA $1,991,000.00
LEED Electric, Inc. – Santa Fe Springs, CA $2,146,455.00 AMTEK Construction – Orange, CA $2,206,360.00
The departments’intent for this solicitation was to award four contracts to the two lowest, responsive, responsible bidders. SoCal Electrical & Lighting Inc was the second low bidder; however, they withdrew their bid due to not providing pricing for all line items on the bid form. As a result, GA Technical Servi ces, Inc. will be the primary contract holder and Aaron Han dba Polar Electrical Company will be the secondary. The departments will reach out to the primary contract holder first and if they are unable to perform the work, the departments will reach out to the secondary contract holder.
The unit pricing is fixed for the first year and subject to CPI increase in the following years.
Staff recommends approval of Contract Services Agreement No. 24B386 in the amount not to exceed $870,000 and Contract Services Agreement No. 24B388 in the amount not to exceed $470,000 with GA Technical Services, Inc. for the initial three-year term as the primary for the Public Works and Parks and Recreation Departments, effective January 13, 2025, through January 12, 2028, subject to two one-year optional renewals at the sole discretion of the City and Contract Services Agreement No. 24B387 in the amount not to exceed $580,000 and Contract Services Agreement No. 24B389 in the amount not to exceed $315,000 with Aaron Han dba Polar Elec trical Company for the initial three-year term as the secondary for the Public Works and Parks and Recreation departments, effective January 13, 2025, through January 12, 2028, subject to two one-year optional renewals at the sole discretion of the City.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrativ e activities of governm ents that will not result in direct or indirect physical changes in the environment.
Item 1I - Page 3
City Council Staff Report
January 9, 2025 -- Page 4
Award On-Call Electrical Maintenance & Installation Services Contract ALIGNMENT WITH STRATEGIC PLANNING:
This project aligns with City Council Priority 2A – Improve City Facilities.
FISCAL IMPACT:
Sufficient funds are budgeted and available in Fiscal Year 2024-25 accounts 1004500- 40105, 1004500-50105, 5206570-40105, 5206570-50105, and 5206570-50119, and will be budgeted in subsequent fiscal years.
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Director of Parks and Recreation: Nicholas S. Gonzalez
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 24B386
B. Contract Services Agreement No. 24B387
C. Contract Services Agreement No. 24B388
D. Contract Services Agreement No. 24B389
E. Public Integrity Disclosure – GA Technical Services, Inc.
F. Public Integrity Disclosure – Aaron Han dba Polar Electrical Company Item 1I - Page 4
ATTACHMENT A
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CONTRACT SERVICES AGREEMENT 24B386
ELECTRICAL MAINTENANCE AND INSTALLATION 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 GA Technical Services, 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 vendor to provide electrical maintenance and installation services on an as-needed basis for the Public Works Department, (“Project”).
B. Contractor has submitted to City a bid to provide electrical maintenance and installation services, to City 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 t he 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 te rms 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.
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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 co mpensation 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 $8,.
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 fo r all expenses stated in the invoice that are approved by City and consistent with this Agreem ent, 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.
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4.3 Force Majeure . The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contra ctor 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 spec ifically 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 th an 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 th ereof 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 s pecified Services: Frank Cervantes, President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devot ing sufficient time to personally supervise the Item 1I - Page 8
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 provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor . 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 work ers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel . Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
To be determined
5.6 California Labor Code Requirements .
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects Item 1I - Page 9
(“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 sh all 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 te rmination 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.
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7.2 Design Professional Services Indemnification and Reimbursement . If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports . Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
8.2 Records . Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
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 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
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9.1 California Law . This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver . No delay or omission in the exercise of any right or remedy of a 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 deeme d 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
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 Item 1I - Page 12