Agenda packet — Palm Springs City Council, February 27, 2025 (part 2 of 4)

Revised: 2.9.22

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND LESAR DEVELOPMENT CONSULTANTS

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ____________________ Item No. ___________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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Revised: 2.9.22
EXH
IBIT A
REVISED SCOPE PER AMENDMENT 4
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LeSar
Development
Consultants
Encampment Resolution Direct Services | 2.5.25
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1 Background
LeSar Development Consultants (LDC) is working closely with the City of Palm Springs (the “City”) to support its Encampment Resolution Fund (ERF) project by providing outreach and other services coordination, as well community-based organization (CBO) contracting, technical assistance and reporting support under Amendment 3. The next phase of this work is to approve LDC’s recommended subcontractor Scope of Work and Budget in line with the approved budget submitted to the State’s Housing and Community Development (HCD).

Please ﬁnd below the proposed scope of work and budget for LeSar Development Consultants’ (LDC) recommended subcontractor. As discussed in Amendment 3 and considering its experience with unsheltered homeless coordination and managing complex subcontracts for its clients, LDC will rapidly contract with and support a community-based organization with strong experience with homeless service provision, most notably one with street outreach and housing navigation experience in Palm Springs. Considering the expedited timelines mandated by HCD for this work, it will be critical for the City of Palm Springs to expedite processes to ensure completion of the work required under its ERF contract. Indeed, LDC is well positioned to support the City in this effort.

Encampment Resolution Subcontractor Scope of Work (SOW)

1. Overview
Jewish Family Services (JFS), in collaboration with LeSar Development Consultants (LDC), the City of Palm Springs, and other partners, will provide intensive outreach to 55 individuals residing in unsheltered locations prioritized under the City of Palm Springs’ Encampment Resolution Funding (ERF) project. The goal is to connect and support 50 prioritized individuals with interim and permanent housing services. Enrollment in the ERF program will be determined based on the City of Palm Springs’ established encampment prioritization criteria. This work is contingent upon funding from HCD and the City of Palm Springs. Additionally, as programmatic, reporting, and funding requirements may evolve, the scope of work (SOW) outlined here is subject to change in alignment with any contractual amendments.

2. Role Summary
State of California Department of Housing and Community Development (HCD): HCD is the State of California entity serving as program administrator for Encampment Resolution Fund Program for local jurisdictions.

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2 City of Palm Springs: City of Palm Springs is the ERF grantee and holds the contract with HCD.

LeSar Development Consultants (LDC): LDC is contracted by Palm Springs to provide ERF outreach and services coordination as well as subcontracting and technical assistance support for a community-based organization providing street outreach, case management, and housing navigation and placement services.

Jewish Family Services (JFS): JFS is the community-based organization recommended for providing street outreach, case management, and housing navigation and placement services for ERF in Palm Springs. Upon approval, LDC will be authorized to enter into a subcontract with JFS to provide these services.

3. Service Delivery
JFS will provide low-barrier, trauma-informed, harm-reduction services aligned with client choice and compliance requirements from HCD, CoC, and LDC, while coordinating care plans, reporting, tracking expenditures, maintaining conﬁdentiality, and adhering to privacy standards for ERF-enrolled clients. Service delivery will include the following:
a. Provide low-barrier, trauma-informed services focused on harm reduction to help enrolled clients exit homelessness
b. Ensure client choice and voluntary participation are key features of this program. c. Provide services in accordance with Riverside County Continuum of Care (CoC) and State of California Department of Housing and Community Development (HCD) ERF requirements.
d. Work closely with LDC to coordinate care plans for prioritized ERF clients, meeting weekly to develop and update care plans, identify challenges and potential solutions, and share progress towards housing for enrolled ERF clients. e. Provide ﬁnancial and programmatic reporting as required by HCD, City of Palm Springs and LDC.
f. Provide services and procure items and resources for ERF-enrolled clients and track expenditures in accordance with HCD, City of Palm Springs and LDC requirements and approved budgets (In accordance with the approved ERF budget). g. Discuss proposed expenditures during weekly case conferencing or via ad hoc communications for prior approval (Where feasible).
h. Enter all ERF services and referrals into the appropriate Riverside County’s Homeless Management Information System (HMIS) programs (As required by and in accordance with HCD and CoC requirements).
i. Maintain client conﬁdentiality in accordance with CoC and HMIS regulations.

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3 j. Seek releases of information (ROIs) from ERF clients and from their other service and health providers (Where necessary and appropriate). k. Abide by LDC’s FTP privacy and conﬁdentiality requirements. (LDC will create and maintain a secure infrastructure via a File Transfer Protocol (FTP) to house By- Name-Lists of clients. LDC will be responsible for maintaining the FTP environment and training JFS in its use.)

4. Outreach
JFS will lead outreach efforts for this ERF project by deploying a dedicated team to engage clients, build trust, connect them to services, and facilitate their transition into interim housing options. The outreach activities will include the following:
a. Deploy an outreach team consisting of at least 2 people to help develop and implement the approved outreach engagement plan for this ERF project. b. Create and maintain a By-Name-List of eligible clients for this project in collaboration with LDC.
c. Engage agreed-upon individuals at their encampment (unsheltered locations) and at JFS’s offices to build trust, educate them on the program, ensure they are connected to the Coordinated Entry System (CES), assess the individual with the current assessment tool, and begin providing services and referrals in advance their move ins.
d. Assist prioritized clients to obtain vital documentation and connect them to public beneﬁts (Where possible and time permitting).
e. Work collaboratively to move clients into the Palm Springs Navigation Center, motel rooms secured by JFS, and/or any other interim housing opportunities that are identiﬁed.
f. Transport clients to sites, ensuring a warm hand off, and staying with each client during intake and orientation.

5. Post Interim Housing Placement Case Management
JFS will provide comprehensive support to ERF-enrolled clients by complementing existing case management efforts at Palm Springs Navigation Center and interim sites, while directly managing motel-based interim housing, including securing rooms, providing case management, meals, transportation, and crisis response. The post-interim housing placement case management activities will include the following:

Palm Springs Navigation Center and other Interim Sites with non-JFS existing case management:

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4 a. Support case management efforts provided to ERF-enrolled clients by their onsite case managers.
b. Support and complement onsite case managers through case conferencing and ad- hoc communication.
c. Stabilize ERF clients, troubleshoot barriers, provide de-escalation support, and assist clients in achieving the goals they have identiﬁed.

ERF-Clients in Motels
a. Identify motel rooms for ERF enrollees who are ineligible for or unable to move into site-based interim housing and will negotiate rates and payment for these rooms (with motel funding and meals included in JFS’s budget). b. Provide case management to ERF clients accessing motel-based interim housing, ensuring they receive the same level of support as those in site-based interim housing facilities.
c. Ensure the provision of three nutritious meals daily, on-site case management, transportation support, and crisis response protocols for after-hours needs. d. Collaborate with motel operators to address issues and navigate any challenges that may arise.

6. Housing Navigation and Placement Services
JFS will deliver comprehensive housing navigation and placement services (HNP) for all ERF enrollees, ensuring clients receive the support needed to secure and maintain stable housing. The housing navigation and placement service activities will include the following:
a. Provide housing navigation and placement services (HNP) to all ERF enrollees. b. Make referrals to other housing navigation and PSH programs as needed. c. Refer eligible ERF clients to other programs (e.g. VASH), and ensure appropriate paperwork, follow-up, and connections.
d. Support ERF clients enrolled in other HNP programs by collaborating with the HNP case manager to provide complementary services agreed upon by all parties. e. Serve as the primary HNP case manager for ERF clients not connected to external HNP programs.
f. Assist this cohort in becoming document-ready and connecting or reconnecting to mainstream beneﬁts to increase income.
g. Refer these clients to supportive programs and identify affordable and/or supportive housing opportunities.
h. Support clients with required housing documentation, including Section 8 applications, rental applications, and income veriﬁcations.

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5 i. Provide support with housing interviews and advocate with property management/landlords.
j. Provide housing stabilization services if third-party services are unavailable, in alignment with case management practices, until the contract expires or another high-quality HNP program is established.
k. Collaborate with LDC to identify needs for rental deposits, housing furnishings, and time-limited subsidies, and approve payments.

7. Performance Outcomes
JFS will provide outreach, connect individuals to services, and achieve milestones for interim and permanent housing placements, culminating in 50 individuals housed by 12/3/27. The housing performance outcomes will include the following:
a. Intensive outreach to individuals and households residing in the prioritized encampment site will begin within 1 week of contract execution. b. The ﬁrst planned exit of clients from the prioritized encampment will occur within 2 weeks of contract execution (pending availability of Navigation Center modular unit).
c. 55 unduplicated individuals residing in the prioritized encampment site will be engaged by street outreach by 3/30/25.
d. 50 individuals engaged will be linked to supportive services, public beneﬁts, and referred to interim housing by 5/31/25.
e. 50 individuals will be placed in interim housing (inclusive of the Navigation Center, motels, and other identiﬁed options) and begin housing navigation services (either by JFS or a partner organization if applicable) by 6/30/25. f. Permanent housing placements for those engaged will begin by 5/30/25. g. 40 individuals will be linked to permanent housing programs by 12/31/25. h. 50 individuals will be placed in permanent housing by 12/3/27.

8. Reporting Requirements
Please note that the following requirements could change in light of HCD program modiﬁcations.

HMIS
• All people outreached and enrolled in the ERF program by JFS are entered into the appropriate HMIS program set ups.
• All entries will include a case note summarizing the encounter.

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6 • All HMIS Data Entry inclusive of enrollments, exits, services and referrals are entered daily by end-of-day.

HCD/City of Palm Springs
• JFS will provide reporting required by HCD, City of Palm Springs and LDC on time and with high quality.
• LDC will provide technical assistance to support any and all reporting requirements where necessary.

Fiscal
• Monthly Reporting submitted to LDC against approved budget with proof of purchase/payment and in line with HCD, Palm Springs and LDC requirements. • 50% of allocated funds are spent by 6/30/25 per HCD requirements. • 100% of funds are obligated by 6/30/25 per HCD requirements. • 100% of funds are spent by 6/30/27 per HCD requirements.

Emergent Issues
• JFS will alert LDC immediately in cases of client safety/crisis, client disenrollments, serious client illness or death, potential conﬂicts of interest that may emerge, potential conﬁdentiality breaches, key staffing changes, and any other emergent issues that may impact JFS’ ability to provide the services listed above.

Budget, Compensation and Invoicing
Please ﬁnd below the proposed budget for LDC’s recommended subcontractor for both personnel and non-personnel costs. This budget is a subset of the City’s approved budget submitted to the State with some minor changes to better accommodate the needs of the work. The proposed budget of $2,559,625.00 includes all costs required for the subcontractor to perform outreach, case management and housing navigation for the duration of the City’s ERF work.

Upon execution, LDC will invoice the City of Palm Springs $250,000.00 which will be placed in a dedicated account. These funds will be used to pay for items included in the attached budget in accordance with ERF and City of Palm Springs requirements. When the account balance drops below $150,000.00, LDC will submit an invoice due in net 30 days for reimbursement of funds spent with associated receipts and accounting. A maximum of $2,559,625.00 will be deposited through the term of contract. LDC will not be required to process additional payments if the balance is $0.00. Any and all funds that are not utilized Item 1F - Page 15
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7 as deﬁned in this SOW will be returned to the City of Palm Springs within 45 days of SOW end date or as permitted under the Agreement.

Please note that LDC direct costs included in Contract Amendment 3 will continue as a reimbursement model, with LDC billing monthly for its previous month’s expenditures.

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ELIGIBLE USE CATEGORY ~5 WORD DESCRIPTION NAME OF ENTITY OR PART

OF PROPOSAL
ERF-3-R PROPOSED
BUDGET
~2 SENTENCE DESCRIPTION
PERSONNEL COSTS SALARY (ANNUAL) FTE MONTHS Total (3 years) Street Outreach Outreach Workers/Post Housing Supports Community-based organization 81,420.00 2.00 24 325,680.00 CBO Outreach Workers that will be devoted to the encapment and support needs as they move into IH and PH. Inclu Street Outreach Outreach Supervisor Community-based organization 103,500.00 0.25 24 51,750.00 Supervision for CBO Outreach Workers Delivery of Permanent Housing Housing Specialist (Unit Aquisition, Landlord Engagment)Community-based organization 103,500.00 1.00 36 310,500.00 CBO Housing Specialists to assist with identifying landlords and units. Includes fringe.

Delivery of Permanent Housing Case Managers Community-based organization 81,420.00 2.00 36 488,520.00 CBO Case Managers to support encampment dwellers at the hotels and with TLS placement. Includes fringe.

Delivery of Permanent Housing Case Management Supervisor Community-based organization 103,500.00 0.25 36 77,625.00 Supervision for CBO Housing Specialists, Case Managers Subtotal - Personnel Costs 1,254,075.00$
NON-PERSONNEL COSTS UNIT RATE TIME (MONTHS) Budget
Street Outreach Vehicle costs (lease, fuel, insurance) Community-based organization 1 8,000.00 24 16,000.00 Lease, maintain 1 vehicile for Outreach ($8K = annual cost) Street Outreach Materials, Supplies, Cell Phones, Technology Community-based organization 1 5,000.00 24 10,000.00 Cell phone, tablet, vehicle, uniform costs ($5K = annual cost) Street Outreach Client Supplies Community-based organization 1 2,500.00 24 5,000.00 Supplies to help individuals while outreaching, including food Street Outreach Personal Storage for Dwellers Local Storage Facility 10 100.00 12 12,000.00 Store belongings prior to IH move in ($100/month for 12 months for 10 individuals Street Outreach Animal Care (Vet and Boarding) Various 10 200.00 24 4,000.00 Vet care, boarding for individuals animals ($200/month for 10 dwellers for two years) Street Outreach Rideshare, taxi, bus passes Various 25 24.00 12 7,200.00 Transportation to and from appointments (average of $24/month for 12 months for 25 dwellers) Interim Sheltering Vehicle costs (lease, fuel, insurance) Community-based organization 1.00 8,000.00 24 8,000.00 Lease, maintain 1 vehicle for CM, housing specialists ($8K=annual cost) for 24 months Interim Sheltering Motel beds Motel operator 8.00 140/day 10 336,000.00 Interim Housing for 8 individuals at local motel (average 10 month stay) Interim Sheltering Meals for motel stays Various 8.00 40.00 10 96,000.00 Food costs for 3 meals a day for 8 motelled individual (10 months stay) Interim Sheltering Incidential costs for motel stays (clothing, toiletries, pest remidiation) 8.00 100.00 10 8,000.00 Incidental costs for motel clients (average $500 per individual (10 month stay) Interim Sheltering Rideshare, taxi, bus passes Various 50.00 50.00 12 30,000.00 Transportation to and from appointments (average of $50/month for 12 months for 50 individuals) Delivery of Permanent Housing Permanent Housing Security Deposit, Holding Fees Unit Owners 50.00 2,500.00 24 125,000.00 Deposits, holding fees for all individuals Delivery of Permanent Housing Furniture and furnishings Various 50.00 1,250.00 24 62,500.00 Furnishings and other household items for move-ins for all individuals Delivery of Permanent Housing Utility set up and arrears V arious 25.00 250.00 24 6,250.00 Utility deposits, arrears support for half of individuals Delivery of Permanent Housing Application Fees Various 15.00 400.00 24 6,000.00 Application fees for a subset of individuals with scattered site or TLS PH subsidies Delivery of Permanent Housing Flex Fund for unforseen incidentals (Eg unit cleanup, mainVarious 8.00 1,700.00 24 13,600.00 Contingency fees for motel Delivery of Permanent Housing Rental arrears Various 25.00 2,000.00 24 50,000.00 Support for rental arrears for subset of individuals Delivery of Permanent Housing Rideshare, taxi, bus passes Various 50.00 50.00 24 60,000.00 Transportation to and from appointments (average of $50/month for 24 months for 50 individuals) Prevention and Diversion Family reunification Various 4.00 500.00 24 2,000.00 Bus/Airfare/Gas, Travel supplies for Family Reunifications Rapid Rehousing Time limited subsidies Unit Owners 10.00 1,600.00 28 448,000.00 Monthly Rental Stipends for 10 individuals for 28 months Subtotal - Non-Personnel Costs 1,305,550.00$
Total 2,559,625.00$
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CITY COUNCIL STAFF REPORT

DATE: F EBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: WAIVE THE REQUIREMENT S OF PALM SPRINGS MUNICIPAL CODE SECTION 7.07.020, AUTHORIZE THE SALE OF SIXTEEN H&K MP5

WEAPONS TO THE MONTEREY PARK POLICE DEPARTMENT , AND
APPROVE THE PURCHASE OF SEVEN AR-15 WEAPON SYSTEMS

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

This action will waive the requirements for disposition of surplus property outlined in section 7.07.020 of the Palm Springs Municipal Code, authorize the sale of sixteen (16) HK MP5 weapons to Monterey Park Police Department in the amount of $14, 400, and approve the purchase of seven (7) Sionics AR -15 weapon systems in the amount of $21,219.64. These weapons will be used to outfit the Police Department's Designated Marksman Unit, which provides critical overwatch and security at large public venues and in high-risk situations.

RECOMMENDATION:

1. Waive the surplus equipment bid and auction requirements of Section 7.07.020 of the Palm Springs Municipal Code and approve the sale of sixteen (16) HK MP5 surplus weapons to the Monterey Park Police Department for an amount of $14,400;

2. Approve the purchase of seven (7) Sionics AR-15 weapon systems for an amount not to exceed $21,219.64;

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

STAFF ANALYSIS:

On June 16, 2022, City Council adopted Ordinance No. 2064 , which adopted Palm Springs Police Department Policy 709 ( Attachment A ) regarding the use of certain military equipment and the reporting on such use, as required by Assembly Bill 481. Items identified as “military equipment” include, but are not limited to, unmanned aerial vehicles Item 1G - Page 1
City Council Staff Report
February 27, 2025 – Page 2
Military Equipment Sale & Purchase

(drones), vehicles that provide ballistic protection, breaching tool, and specialized firearms. Ordinance No. 2064 found, in part, that the Department shall evaluate and reduce its inventory of military equipment, where possible. It also found that military equipment purchases made pursuant to Policy 709 must be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

The Palm Springs Police Department acknowledges its primary role is peacekeeping and recognizes the delicate nature of a law enforcement agency possessing military equipment. Being entrusted with military -style equipment to solve complex and violent problems is a sacred responsibility that demands high accountability and transparency.

Law enforcement incidents can be unpredictable and highly complex. The Department is tasked with preserving public safety, protecting the community, and apprehending criminal offenders. The Department is committed to utilizing contemporary tools and resources to help safeguard the community and reduce the risk of escalating volatile situations that might otherwise rise to the level of a lethal encounter. Special equipment, used by specially trained personnel, can help bring resolution to volatile situations and reduce the possibility of harm to community members and officers.

The Palm Springs Police Department ’s Designated Marksman Team is a specialized group of highly trained officers equipped to respond to high- risk situations, including active shooter incidents and large- scale gatherings, offering security and precision support in scenarios where traditional resources may not be sufficient. While Designated Marksmen are capable of engaging threats from overwatch positions up to 300 yards away using advanced optics, they have also incorporated mobile deployments at large- scale venues to provide an added level of safety and security for special events and incidents.

Ideal weapons for use in close quarter scenarios have shorter barrels and collapsible stocks, are easy to conceal, and can be rapidly deployed when necessary. The Designated Marksman Team is interested in transitioning away from the MP5 weapons that have historically been used by the Department for this purpose. The team has tested multiple weapons systems and have identified the Sionics AR -15 as the weapon best suited for their close quart ers deployment needs. The Designated Marksmen currently train on and deploy an AR -15 platform for overwatch. The proposed Sionics AR -15 procurement will improve overall efficienc y, as team members will train on a single weapon platform for both overwatch and close quarters deployment. The Sionics AR-15 is a semi-automatic weapon, which will be replacing the fully automatic MP5.

The Department has identified the need for seven (7) Sionics AR -15 weapons. The Department solicited and obtained quotes for the weapons system and accessories necessary for deployment from three vendors, as follows:

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City Council Staff Report
February 27, 2025 – Page 3
Military Equipment Sale & Purchase

Vendor Quote
Sionics Weapons Systems $21,570.27
ProForce $22,826.83
GT Distributors, Inc. $23,924.65

The quote received from Sionics Weapons Systems was determined to be the lowest and has been included as (Attachment B).

In accordance with Council’s desire to reduce the Department’s military equipment, where feasible, the Department has evaluated its existing inventory of military equipment and has identified sixteen H&K MP5 assault rifles that are surplus to their needs and can be disposed of without compromising readiness or the safety of the community. A full list of these weapons is included as Attachment C. The Department proposes the sale of these weapons to the Monterey Park Police Department. The fair market value for the sixteen H&K MP5 weapons currently owned by the Palm Springs Police Department is estimated at $14, 400. The Monterey Park Police Department is interested in purchasing the weapons at that price and has drafted a letter indicating that interest ( Attachment D).

The Palm Springs and Monterey Park Police Departments would complete all the required transfer paperwork, as required by law.

The H&K MP5 is an assault weapon, as defined by 30510 and 30515 of the California Penal Code. California law generally prohibits the possession and sale of these weapons, however, Penal Code sections 30625 and 30630 provide an exception for specified peace officers with written authorization from the head of their employing agency.

Section 7.07.020 of the Palm Springs Municipal Code regulates the disposition of surplus property. PSMC 7.07.020(5) requires that surplus property be offered by the Procurement Director to “all other Using Departments to determine whether the surplus property has beneficial use to another Using Department.” Under California law, it is illegal for persons other than specified peace officers to possess or own certain military equipment, such as the sixteen (16) MP5 weapons the Department has in its inventory . T he Department requests that Council waive the requirements of Section 7.07.020 and authorize the sale of the weapons to the Monterey Park Police Department.

ENVIRONMENTAL IMPACT:

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.

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City Council Staff Report
February 27, 2025 – Page 4
Military Equipment Sale & Purchase

FISCAL IMPACT:

The City of Palm Springs, through its Police Department, will invoice the Monterey Park Police Department for a total of $14,400 for the sixteen (16) H&K MP5 surplus weapons.

Sufficient funds are available in Police Department Account 1005000- 70000 to cover costs associated with the purchase of seven (7) Sionics AR-15 weapons systems and associated accessories.

REVIEWED BY:

Department Director: Andrew G. Mills
Acting Procurement and Contracting Manager: Tabitha Richards City Manager: Scott Stiles

ATTACHMENTS:

A.) Palm Springs Police Department Policy 709
B.) Sionics Quote
C.) Weapons List
D.) Monterey Park Police Department Letter
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ATTACHMENT "A"
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Policy
709
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body
– The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department Military Equipment - 2
709.2 POLICY
It is the policy of the Palm Springs Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Palm Springs Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department See attachment: PSPD 2023 Report - Military Specialized Equipment Inventory.pdf 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Item 1G - Page 7
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department Military Equipment - 3
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. (h) During a tactical emergency of significance or natural disaster, the Chief of Police, in consultation with the City Manager, may deploy armored and rescue vehicles or aircraft as needed, but shall inform City Council within 30 days after its use and the purpose of deployment, the exigent circumstances requiring the need for said equipment, and duration of its use.
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.

Periodically, the police department may be required to assist or be assisted by other law enforcement agencies to fulfill our mission. The deployment of allied agencies may be a result of mutual aid requests or day to day operational collaboration. In certain mutual aid or operational collaboration circumstances, it may be necessary for Palm Springs police officers to utilize equipment from other agencies. In those situations, police department personnel are required to adhere to the Departments Military Equipment Use Policy regardless of the jurisdiction.

Conversely, should another law enforcement agency assist in a mutual aid request in the City of Palm Springs, this policy has been established to ensure that their use of military equipment is consistent with the guidelines set forth within this policy.

Through the Association of Riverside County Chiefs of Police (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agencies Military Equipment policy related to any enforcement action throughout Riverside County.

Item 1G - Page 8
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department Military Equipment - 4
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.8.1 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 709.8.2 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (760) 323-8126

3. Via mail sent to: Palm Springs Police Department Attn: Military Equipment Use Coordinator
200 S. Civic Drive
Palm Springs, CA 92262
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.

Item 1G - Page 9
Policies
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department Attachments - 5
Attachments
Item 1G - Page 10
Attachment
Policies
Copyright Lexipol, LLC 2025/02/04, All Rights Reserved.

Published with permission by Palm Springs Police Department PSPD 2023 Report - Military Specialized
Equipment Inventory.pdf - 6
PSPD 2023 Report - Military
Specialized Equipment Inventory.pdf
PSPD 2023 Report - Military Specialized Equipment Inventory.pdf Item 1G - Page 11

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
1 Rev. 01/2024

1. UAS - Drone (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Inventory includes (1) DJI Matrice 300 RTK Drone; (1) DJI Zenmuse H20T Camera; (1) GL60 Plus Gimbal Spotlight; and (1) Talon Dromight Drop System. This equipment is a battery-powered, remote-operated unmanned aerial system (UAS).

I. DJI Matrice 300 RTK Drone and Equipment – Initial Cost: $35,161.02 b. Purpose:

The UAS deployment can provide visual access to large expanses, including hazardous mountainous terrain and remote desert areas. This tool would help mitigate risk, improve efficiency, and prevent injury to the public and first responders. c. Authorized Use:

Only operators who have completed the FAA-required training shall be permitted to operate the Drone. Incidents that may qualify for its use include search and rescue operations, overwatch protection at large-scale events, and documenting collision scenes, crime scenes, and damage caused by natural disasters. The UAS may also be used to monitor at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-to-face contact is required. All other applicable PSPD policies remain in e ffect, including, but not limited to, PSPD Policy – Unmanned Aerial Systems.
d. Expected Life Span:
5 years
e. Fiscal Impact:

Annual cost: $0 - $3000

2. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Inventory includes (1) ICOR MK3 Caliber robot. This equipment is a battery -powered, remote- operated device.

I. ICOR Robot – Initial Cost: $Unknown. Primary cost handled by Cathedral City PD b. Purpose:

This equipment is for (potential) use during high-risk incidents. To be used to remotely gain visual/audio data, deliver HNT phones, open doors, disrupt packages, and clear buildings. c. Authorized Use:

Use is primarily limited to members of the department’s Special Weapons and Tactics Unit (SWAT), but in some cases, it may be used by patrol personnel. Only operators who have completed the required training shall be permitted to operate the robots. Incidents that may qualify for its use include but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if other subjects inside need assistance. The two-way speakers and camera can be used to de-escalate and determine the resistance level. d. Expected Life Span:
20 years
e. Fiscal Impact
Annual cost: $0 - $3000

Item 1G - Page 12

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
2 Rev. 01/2024

3. Armored Vehicles (Category 2 &3)
a. Description, quantity, capabilities, and purchase of current armored vehicles:

Inventory includes two (2) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (2006 BEAR-CAT and 2017 BEAR). The BEAR-CAT and BEAR, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments may be used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.

The armored vehicles also provide four-wheel drive capability to transport or evacuate victims in a flood, fire or other natural disaster scenario.

I. Bearcat – Initial Cost: $213,329.02. $155,000 of the total cost donated by private a entity. City cost $56,329.52 paid for from city budget.

II. Bear – Initial Cost: $513,600 of which $256,800 was donated by a private entity.

Remaining cost of 256,800 paid for from City Motor Vehicle Replacement fund. b. Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicles shall have a valid California driver license. All other applicable PSPD policies remain in effect, including , but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.

Expected Life Span:

I. Bearcat -15-20 years
II. Bear – 15 -20 years
d. Fiscal Impact:

Annual Cost: estimated at $1000-$2500 per vehicle

4. Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units (2004 Freightliner MB-55 Comms Vehicle) (Category 5)

NOTE: This vehicle was decommissioned during the calendar year. There are currently no plans for a replacement, and it will not be included on future inventory reports. a. Description, quantity, capabilities, and purchase cost:

Command vehicles are built in various platforms to include ½ ton pickup chassis, and RV style configuration designed to provide communications intelligence, equipment transportation and crisis communication support.

I. 2004 Freightliner MB-55 RV - Initial Purchase Cost: $428,661.86 II. 2008 Ford F-250 Super-Duty Pickup – Initial Purchase Cost: $41,525.47 b. Purpose:

Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, whiteboards, lightening, generators, and mission essential supplies c. Authorized Use:

The SWAT Command Vehicles shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license appropriate for vehicle driven. All other applicable PSPD policies Item 1G - Page 13

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
3 Rev. 01/2024
remain in effect, including, but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
d. Expected Life Span:

I. Freightliner - 15-20 years (Expired. Non-Operational) II. Ford F-250 – 15 years
e. Fiscal Impact:

I. Freightliner - Annual maintenance cost: $0
II. Ford F-250 – Annual maintenance cost estimated at $1500 or less

5. Vehicles with Breaching or Entry Apparatus Attachable (Category 2&3) a. Description, quantity, capabilities, and purchase cost:

LENCO Bear Ballistic Armored vehicle has an attachable metal boom that can be used for breaching structures, fences, or ramming objects.

I. LENCO BEAR – Initial purchase covered in item 2 “Armored Vehicles.” b. Purpose:

The equipment is to be used during high-risk incidents, to include active shooter incidents on school ground or buildings to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable PSPD policies remain in effect, including , but not limited to PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.

Expected Life Span:
15-20 years
d. Fiscal Impact:

Annual maintenance cost referenced in item 2(d) above.

6. Assault Weapons Defined Under PC 30510 & PC 30515 (Category 10) a. Description, quantity, capabilities, and purchase cost:

Inventory includes AR-style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel, training division, or stored within the station for station protection in the event of an active shooter).

I. Colt AR 15/M4 Rifle, cost approximately: $1,000.00 ea., quantity: 15 II. AI Bolt Action .308 caliber Rifle, cost approximately $1,200.00 ea., quantity: 3 III. POF .308 caliber Rifle, cost: unknown, quantity: 2. No longer in use.

IV. Remington 700 Bolt Action .308 caliber Rifle, cost approximately $1,000.00 ea., quantity: 8, no longer in use.

V. Colt AR 15/M16 Full Auto, cost $0, quantity 1, acquired through 1033 program VI. Colt AR 15/M16 Semi-Auto, cost $0, quantity 15, acquired through 1033 program VII. H&K Rifles, MP5, cost approximately $1,500.00 ea., quantity: 16.

VIII. H&K Rifles, HK53, cost approximately $1,500.00 ea., quantity: 2, no longer in use. b. Purpose:

The weapons are to be used in situations that require increased accuracy and , in some cases, where precision at long-range distances is needed and currently used by most law enforcement agencies across the nation.

Item 1G - Page 14

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
4 Rev. 01/2024
c. Authorized Use:

Only members that are POST certified are authorized to use a rifle. All other applicable PS PD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Firearms Training and Qualifications, PSPD Policy – Special Weapons and Tactics Unit. d. Expected Life Span:

I. Colt AR 15/M4 Rifle – No expiration
II. AI Bolt Action .308 caliber Rifle – No expiration
III. POF .308 caliber Rifle – No longer in use
IV. Remington 700 Bolt Action .308 – No longer in use
V. Colt AR 15/M16 Full Auto – No expiration
VI. Colt AR 15/M16 Semi Auto – No expiration
VII. H&K Rifles, MP5 - No longer in use
VIII. H&K Rifles, HK53 – No longer in use
e. Fiscal Impact:

I. Colt AR 15/M4 Rifle – Annual cost between $0 - $2,000 II. AI Bolt Action .308 caliber Rifle – Annual cost between $0 - $2,000 III. POF .308 caliber Rifle – No longer in use – Annual cost: $0 IV. Remington 700 Bolt Action .308 – No longer in use – Annual cost $0 V. Colt AR 15/M16 Full Auto – Annual Cost - $0
VI. Colt AR 15/M16 Semi Auto – Annual Cost - $0
VII. H&K Rifles, MP5 – Annual Cost $1000
VIII. H&K Rifles, HK53 – No longer in use – Annual Cost $0

7. Breaching Apparatus: Slugs, etc. (Category 7)
a. Description, quantity, capabilities, and purchase cost Royal Arms Tesar-2 – 12-gauge slugs. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure.

The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, deadbolts, and hinges mounted inside solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.

I. Royal Arms Tesar-2 – 12-gauge slugs, cost: Approx. $5.00 ea., quantity: 117. b. Purpose:

The rounds impact door hinges, doorknobs, and locks to safely gain entry into a structure. c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.
d. Expected Life Span:

Until expended
e. Fiscal Impact:

Individual unit price of approximately $5 each. Estimated between $0 and $500 annually

8. Breaching Apparatus: Explosive Breaching Tools (Category 7) Item 1G - Page 15

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
5 Rev. 01/2024
a. Description, quantity, capabilities, and purchase cost:

Explosive breaching tools are used to breach fortified structures to establish a point of entry.

Explosive charges are fashioned to produce little to no fragmentation at the time of deton ation.

Explosive breaching effectively reduces the time spent overcoming a fortified door or structure.

The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms.

I. 25 grain detonation cord, cost: $216, quantity 577 ft.

II. 50 grain detonation cord, cost: $380, quantity 1000 ft.

III. Nonel Shock tube blasting caps: cost: total $1106, quantity 140. b. Purpose:

To safely gain entry into a structure.

Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers will attend an approved "Tactical Energetic Breaching" course. Attend an accredited “advanced” Energetic Breaching course or equivalent. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.

Expected Life Span:

I. 25 grain detonation cord – 5 years
II. 50 grain detonation cord – 5 years
III. Nonel Starters – until expended
c. Fiscal Impact:

I. 25 grain detonation cord – estimated between $0 and $349 annually.

II. 50 grain detonation cord – estimated between $0 and $1,915.49 annually III. Nonel Starters – $0

9. LSDD’s (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Light Sound Diversionary Device (LSDD-“Flashbangs”) are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to the officers and community. The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of a structure.

I. NFDD CTS Model 7290M – Mini bang, cost: $1901.34, quantity: 42 II. NFDD CTS Model 7290-9 – 9 Bang, cost: $642.06, quantity 6 b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short - term (6 - 8 seconds) physiological/sensory deprivation to give officers a tactical advantage c. Authorized Use:

Diversionary Devices shall only be used:

I. By SWAT officers who have been trained in their proper use.

II. In hostage and barricaded subject situations.

III. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.

IV. During other high-risk situations where their use would enhance officer safety.

V. During training exercises.

Item 1G - Page 16

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
6 Rev. 01/2024
All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy - Special Weapons and Tactics Unit. d. Expected Life Span:
5 years
e. Fiscal Impact:

I. NFDD CTS Model 7290M – Annual cost between $0 - $4300 II. NFDD CTS Model 7290-9 – Annual cost between $0 - $2000

10. Chemical Agents (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Palm Springs Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.

The Palm Springs Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of the eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. CS 1082 - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $ 50, quantity: 2 II. CS 4330 - The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.

In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $ 390, quantity: 14 III. OC 1070 - The Spede-Heat OC Grenade is a high volume, continuous burn it expels it s payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 1.09 oz. of active agent. Cost:
$60, quantity: 2
IV. OC 6340 Aerosol - This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $105, quantity: 3 V. CS 6330 Aerosol - A unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Cost: $105, quantity: 3
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:

Item 1G - Page 17

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
7 Rev. 01/2024
I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Special Weapons and Tactics Unit. d. Expected Life Span:
5 years for each category
e. Fiscal Impact:

I. 1082 – estimated between $0 and $2500 annually
II. F620 – estimated between $0 and 500 annually
III. 1070 – estimated between $0 and 500 annually
IV. 6340 – estimated between $0 and $380 annually
V. 6330 – estimated between $0 and 360 annually

11. 40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities, and purchase cost:

Less lethal 40mm launchers and rubber projectile munitions- Munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed. T he sponge munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.

I. DEFTEC 40mm launcher, cost per device: $1500, quantity: 58 b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public . c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:

I. Self-destructive, dangerous and/or combative individuals.

II. Riot/crowd control and civil unrest incidents.

III. Circumstances where a tactical advantage can be obtained.

IV. Potentially vicious animals.

V. Training exercises or approved demonstrations.

All other applicable PSPD policies remain in effect, including, but not limited to, PS PD Policy – Use of Force.
d. Expected Life Span:

I. 40mm Launcher: No expiration
II. 40 mm Sponge Round: 5 years
e. Fiscal Impact:

I. 40mm Launcher: estimated between $0 and $1500 per device II. 40 mm Sponge Round: estimated between $0 and $3000 annually

Item 1G - Page 18

PALMS SPRINGS POLICE DEPARTMENT

MILITARY EQUIPMENT INVENTORY LIST
8 Rev. 01/2024
Maintenance of Military Use Supply Levels
When military equipment has reached significantly low levels or have been exhausted, or the department requires acquisition of any of the items noted in Category 1-15 under Military equipment categories of this policy, the Department may order equipment as needed in each calendar year by adhering to City of Palm Springs procurement rules, regulations, and city approval processes.

Item 1G - Page 19
ATTACHMENT "B"
Item 1G - Page 20
Quotation Date: 5-February-2025
To: Palm Springs Police Department
200 South Civic Drive
Palm Springs, CA 92262
From: SIONICS Weapon Systems
4639 East 1st Street
Tucson, Arizona 85711
Description Units Cost Per Unit Amount
Patrol Three SBR w/ LAW Folder - Palm Springs Edition - FET Exempt 7 $1,349.95 $9,449.65 Palm Springs Edition includes SWS 11.5" Medium Contour Barrel, SWS 10.8" M-LOK Rail, SWS 3-Slot M-LOK Rail Piece, SWS NP3 BCG w/ Sprinco HD Extractor Spring, Ambidextrous Charging Handle, SWS Enhanced Trigger, SWS Ambidextrous Selector, VLTOR A5 System w/ A5H2 Buffer, Sprinco Enhanced Buffer Spring, SWS QD End Plate, Magpul MOE SL Stock, Magpul K-2 Grip, Magpul Trigger Guard, Magpul MBUS Pro Sights and Magpul Rail Cover Type 2 x 9 pieces - Lower Receiver Laser Engraved Sure Fire M340DFT-BK-PRO + DS-SR07 7 $469.95 $3,289.65
HUXWRX Flow 556K w/ Flash Hider 7 $869.95 $6,089.65
Magpul PMAG 30 AR/M4 GEN M2 MOE 21 $9.95 $208.95
Blue Force Gear Vickers Padded 2-TO-1 Sling - Push Button 7 $79.95 $559.65 *No Case included with Rifle
Sub Total $19,597.55
CA Sales Tax - 9.25% $1,812.77
Shipping & Insurance $159.95
TOTAL $21,570.27
This Quotation is based on the issuance of an Official Department Purchase Order and F.A.E.T. Exemption SIONICS Weapon Systems - Quotation#5226-PS
Item 1G - Page 21
ATTACHMENT "C"
Item 1G - Page 22
Item 1G - Page 23
ATTACHMENT "D"
Item 1G - Page 24

CITY OF MONTEREY PARK
Scott Wiese

POLICE DEPARTMENT
Chief o f Police
320 West Newmark Avenue • Monterey Park • California 91754-2896 (626) 573-1311 www.montereypark.ca.gov
We
are dedicated to serving our community with respect and pride.

HONOR ∙ INTEGRITY ∙ ACCOUNTABILITY
February 5, 2025
And
rew G. Mills
Chief of Police
Palm Springs Police Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear
Chief Mills,
On be
half of the men and women of the Monterey Park Police Department I want to thank you and your department for assisting us with the purchase and transfer of your surplus H&K firearms.

Th
e Monterey Park Police Department accepts the transfer of these restricted weapons at the agreed upon price of $14,400.00. These weapons will remain in department inventory and will be used by sworn department personnel only. The transfer will comply with all federal guidelines that apply to Class 3 weapons transfers as defined in the National Firearms Act.

Lt
. Peter Yung will be facilitating the transfer for our department. If you have any questions, please don’t hesitate to contact Peter or myself at [email protected] or [email protected] or (626) 307-1222.

Si
ncerely,
Sco
tt Wiese,
Chief Of Police
Item 1G - Page 25

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 1 TO LICENSE AGREEMENT NO. A9460 WITH MOBILEMONEY, INC. TO PROVIDE THREE AUTOMATED

TELLER MACHINES AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will retroactively approve Amendment No. 1 to License Agreement No. A9460 (License Agreement) with MobileMoney, Inc. to amend the term of the License Agreement to provide three automated teller machine (ATM) services at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve retroactively Amendment No. 1 (Attachment A) to License Agreement No. A9460 with MobileMoney, Inc. to provide three ATM services for the Palm Springs International Airport for the amended term of January 1, 2024, through December 31, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) MobileMoney, Inc. is registered to do business in the state of California.

BACKGROUND:

Following a competitive public solicitation procurement process, on December 19, 2018, the City Council approved License Agreement No. A6456 with MobileMoney, Inc. to install and provide services for three ATMs at the Airport. The agreement was approved for a three-year term, with two additional one-year extension options.

Item 1H - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Amendment No. 1 to License Agreement A9460 with MobileMoney, Inc.

On January 13, 2023, Amendment No. 1 to License Agreement No. A6456 was approved, exercising the first one-year extension option, and the amendment decreased the license fee per transaction from $1.85 to $0.75, and increased the maximum transaction fee from $3.50 to $3.95. On January 1, 2024, Amendment No. 2 to License Agreement No. A6456 was approved, exercising the second one-year extension option.

On December 14, 2023, the City Council approved License Agreement No. A9460 , with MobileMoney, Inc. to provide three ATMs at the Airport with a one-year term beginning January 1, 2024, through December 31, 2024. The License Fee per transaction is $1.25 per transaction with a maximum transaction fee of $3.95 per transaction to process a cash withdrawal of funds at the ATM’s.

The Airport Automated Teller Machines (ATMs) provide passengers with easy access to cash and other financial services while traveling. ATMs serve a critical role in ensuring access to cash for various needs, ranging from daily expenses to unexpected emergencies, regardless of one's banking affiliation. Their versatility in facilitating different financial transactions and enhancing the overall travel experience underscores their importance in making the traveling passenger have access to cash. Furthermore, these ATMs also cater to the financial needs of Airport staff, promoting efficient operations and boosting the local economy by enabling on- site commerce with access to cash.

The
following table indicates the total surcharge transactions over calendar years 2019, 2020, 2021, 2022, 2023 and through November 2024:

Month 2019 2020 2021 2022 2023 2024
January 800 687 169 259 492 333
February 848 699 203 295 493 351
March 910 411 322 63 465 485
April 933 58 261 367 509 421
May 594 64 259 276 341 331
June 435 114 247 197 257 202
July 421 142 232 262 303 161
August 399 126 251 267 257 189
September 461 132 269 332 291 202
October 554 162 296 413 309 283
November 595 17 312 402 403 274
December 639 198 346 658 333 320
Total Surcharge
Transactions

7,589

2,810

3,167

3,791

4,453 3,552

STAFF ANALYSIS:

To align with the Airport's future plans and to continue to address the current needs of Airport passengers and staff, a one -year continuation is being proposed as an amendment to the one-year License Agreement. The original intent was to prepare and Item 1H - Page 2
City Council Staff Report
February 27, 2025 -- Page 3
Amendment No. 1 to License Agreement A9460 with MobileMoney, Inc.

release a Request for Proposal (RFP) for Automated Teller Services in the summer of 2024. The new plan is to prepare and release an RFP for Automated Teller Services in the summer of 2025. The forthcoming RFP process is expected to consider the addition of new and additional ATM machines within the terminal, and MobileMoney, Inc. will have the opportunity to participate in this process.

With the ongoing demand for cash withdrawal services at the Airport, staff recommends the retroactive approval of an amendment to the License Agreement with MobileMoney, Inc. This License Agreement will ensure the continued presence of three ATMs at the Airport which will maintain the Airport’s commitment to providing accessible and convenient financial services to Airport passengers and staff. The new term of the amended agreement will continue the current license fee per surcharge transaction of $1.25, and the Airport will receive the revenue collection. This collaborative approach with MobileMoney, Inc. allows for a seamless continuation and an efficient response to the evolving needs of the Airport.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1D, Economic Development as well as the Airport’s Strategic Plan Priority 2 – Goal 2, Deliver an Unforgettable Guest Experience.

FISCAL IMPACT:

Retroactive approval of t his action will result in continued Airport Revenues of approximately $3,500 for the 2025 calendar year (based upon 2024 calendar year) to Airport Fund 415.38140 – Terminal Concessions.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles
Item 1H - Page 3
City Council Staff Report
February 27, 2025 -- Page 4
Amendment No. 1 to License Agreement A9460 with MobileMoney, Inc.

ATTACHMENTS:

A. Amendment No 1 to License Agreement No. A9460
B. Public Integrity Disclosure Form
Item 1H - Page 4

ATTACHMENT A
AMENDMENT NO. 1 TO
LICENSE AGREEMENT A9460 WITH
MOBILEMONEY , INC.

Item 1H - Page 5

1 FIRST AMENDMENT TO MOBILEMONEY, INC.

LICENSE AGREEMENT A9460

FOR AUTOMATED TELLER MACHINES AT

PALM SPRINGS INTERNATIONAL AIRPORT

THIS FIRST AMENDMENT to the LICENSE AGREEMENT A 9460 (“License”) is made and entered into this 1st day of January 2025, by and between the CITY OF PALM SPRINGS, a municipal corporation (“ Lessor”), and MobileMoney, Inc. , a California Corporation (“Licensee”). City and Licensee may herein be referred to individually as a “Party” and collectively as “Parties.”

R E C I T A L S:

WHEREAS, City owns and operates the Palm Springs International Airport, a public airport hereinafter referred to as "Airport", located in the City of Palm Springs, California; and
WHEREAS, on January 1, 202 4, Parties entered into the Agreement to l icense automated teller machines (“ATM ’s”) at Palm Springs International Airport (“Airport”) for travelers and visitors using the City’s airport terminal and related facilities.

WHEREAS, the Parties are entering into Amendment No. 1 to amend the license agreement term.

NOW, THEREFORE, in consideration of the mutual covenants and promises in this Amendment, the parties hereto covenant, agree and bind themselves as follows:

AGREEMENT

1. Section 3 of the Agreement is amended to read:
“3.0 TERM
Unless earlier terminated in accordance with Subsections 8.5 or 8.6 of this License, this License shall entitle Licensee to non -exclusive use of the License Areas for the limited purpose described herein from January 1, 2024, through December 31, 2025 (“Term”). At the conclusion of this Term, unless this License has been extended by the parties by pursuant to a written agreement Licensee must remove the ATM’s and surrender the License Areas pursuant to Subsection

5.1.”

Item 1H - Page 6

2 2. APPLICABILITY.

This Amendment is attached to and made a part of the Agreement. In the event of any contradiction or inconsistency between the terms and provisions of this Amendment and the terms and provisions of the Agreement to which it is attached, the terms and provisions of this Amendment shall control and be interpreted in such a manner as to override any provision of the Agreement which would prevent the spirit and letter of the terms and provisions of this Amendment from being given full force and effect. All defined terms not specifically defined in this Amendment shall be given the same meaning as the defined terms in the Agreement. All other terms and conditions contained in the Agreement shall remain unchanged.

3. JOINT AUTHORSHIP.

This Amendment has been entered into as an act of free will, without duress, and no presumption of authorship shall attach to same, and any ambiguity in the terms and conditions of this Amendment shall not be attributed to one party over the other.

[SIGNATURES ON FOLLOWING PAGE]
Item 1H - Page 7
3 SIGNATURE PAGE FOR THE FIRST AMENDMENT TO
LICENSE AGREEMENT A9460
BETWEEN THE CITY OF PALM SPRINGS AND MOBILEMONEY, INC.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the LICENSE AGREEMENT. A9460 MOBILEMONEY, INC as of the day and year first above written.

CITY OF PALM SPRINGS
Approved By:

Scott Stiles
City Manager
Date
Attested By:

Brenda Pree
City Clerk
Approved as to Form:

Jeffrey S. Ballinger
City Attorney
MobileMoney, Inc., a California
Corporation
Signature
Name
Title
Signature
Name
Title
Corporations require two notarized
signatures. One signature must be from
Chairman of Board, President, or any
Vice President. The second signature
must be from the Secretary, Assistant
Secretary, Treasurer, Assistant
Treasurer, or Chief Financial Officer.

Item 1H - Page 8

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1H - Page 9
Item 1H - Page 10

1. 2.

3. 4.

5. Name of Entity
MOBILEMONEY , Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principa l Plac e of Business)
941 Calle Negocio San Clemente, CA 92673
Local or California Address (if different than #2)
same as #2
State where Entity is Registered with Secretary of State California
If other than California , is the Entity also registered in California ? D Yes D No Type of Entity
[x] Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

7. Owne rs/Investors with a 5% beneficia l interest in the Applicant Entity or a related entity

EXAMP LE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owne r/investo r] [percentage of beneficial interest in entity and name of entity]
A.

Lawrence Dunnwald 80%, MOB ILEMONEY , Inc.
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]
B.

William Dunnwald 20%, MOBILEMONEY , Inc.
[name of owner/ investor] [percentage of beneficial interest in entity and name of entity ]
C.
[name of owner/investor] [percentage of beneficial inte rest in entity and name of entity]
D.
[name of owner /investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT .
arty, Printed Name, Title
f~
Date

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: A PPROVE AMENDMENT NO. 5 TO CONTRACT SERVICES
AGREEMENT NO. A9005 WITH CONTROLTOUCH SYSTEMS, LLC DBA

INTELLIMODUS, LLC FOR BAGGAGE HANDLING SUPPORT SERVICES

FOR PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve Amendment No. 5 to Contract Services Agr eement No. A9005 with ControlTouch Systems, LLC dba Intellimodus, LLC (Intellimodus) in the amount of $19,468.80 for a revised contract amount not to exceed $93,937.60 for baggage handling support services for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Amendment No. 5 to Contract Services Agreement No. A9005 (Attachment A) with ControlTouch Systems, LLC dba Intellimodus, LLC to provide baggage handling support service for the Palm Springs International Airport for an additional amount of $19,468.80 and for a revised contract amount not to exceed $93,937.60, and extend the contract term for one year, through February 28, 2026.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on February 10, 2025, ControlTouch Systems, LLC dba Intellimodus, LLC is registered in the state of
California.

BACKGROUND:

On December 1, 2021, the Airport entered into Contract Services Agreement No. A9005 with Intellimodus to provide baggage handling support services for a one- year term with Item 1I - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Award Baggage Handling Support Services Amendment No. 5

two one-year extension options , commencing on December 1, 2021, and ending on November 30, 2022, for a total contract amount of $25,000.

On March 1, 2022, Amendment No. 1 to Agreement No. A9005 was executed to revise the commencement date from March 1, 2022, through February 28, 2023, to better reflect when the work began.

On March 1, 2023, Amendment No. 2 to Agreement No. A9005 was executed to exercise the first of two one-year extension options, commencing March 1, 2023, through February 29, 2024, and added an additional $25,000 in compensation for a revised not-to-exceed amount of $50,000.

On March 1, 2024, Amendment No. 3 to Agreement No. A9005 was executed to exercise the second one-year extension option, commencing March 1, 2024, though February 28, 2025, and added an additional $19,468.80 in compensation, for a revised not-to-exceed amount of $69,468.80.

On February 5, 2025, Amendment No. 4 to Agreement No. A9005 was executed to revise the Contractor’s name, Intellimodus, LLC , to reflect the company's rebranding to ControlTouch Systems, LLC, dba Intellimodus, LLC and add an additional $5,000 in compensation, for a revised not-to-exceed amount of $74,468.80.

The Airport's baggage handling system is a complex, critical infrastructure that facilitates the accurate and timely processing of passenger luggage. Reliable baggage operations impact flight schedules, passenger satisfaction, and overall Airport efficienc y. Without proper maintenance and technical support, the risk of equipment failure, operational delays, and luggage mishandling increases significantly, leading to potential missed connections and diminished customer experience.

The continuity of service is crucial to sustaining efficient operations, promptly resolving performance challenges, and meeting passenger demands. Intellimodus is the sole provider of essential software and programming support for the baggage system, ensuring seamless integration, automation, and troubleshooting of system functions.

With Agreement No. A9005 set to expire on February 28, 2025, the Airport is proactively seeking to continue these services to ensure ongoing operational performance, reliability, and the ability to meet both current and future passenger needs.

STAFF ANALYSIS:

Since December 1, 2021, Intellimodus has provided specialized baggage handling support services including preventative maintenance, diagnostics, and rapid response to system issues for the Airport . As the sole provider, Intellimodus possesses extensive knowledge of the Airport’s system infrastructure, leveraging proprietary tools, component Item 1I - Page 2
City Council Staff Report
February 27, 2025 -- Page 3
Award Baggage Handling Support Services Amendment No. 5

expertise, and a proven track record of success. Intellimodus ’ ability to quickly identify and resolve issues minimizes service disruptions and ensures operational stability.

Effective baggage handling support services are essential to the operational efficiency of the Airport, ensuring that passenger luggage is processed accurately and on time. To continue these important operational services, the Airport relies on a specialized service provider with expertise in maintaining, troubleshooting, and optimizing its baggage handling systems. Without proper maintenance and technical support, the Airport faces heightened risks of equipment failure, delayed flight operations, and compr omised security factors that can significantly impact the passenger experience and increase operational costs. Intellimodus ’ services, which include preventative maintenance, real - time diagnostics, and timely repairs, are critical to ensuring the efficient movement, sorting, and delivery of luggage.

Staff recommend approval of Amendment No. 5 to continuing baggage handling support services with Intellimodus , extending services for a n additional one-year term, through February 28, 2026 , for an additional $19,468.80, as the Airport transitions to the new baggage handling system, which will implement an entirely new system, eliminating the need for Intellimodus ’ services. In the interim, extending this support is essential to maintaining seamless baggage operations, minimizing the risk of downtime, and ensuring a high standard of service for passengers, airlines, and staff.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Department of Aviation Terminal Building Operations Account 4157052-40105 and will be budgeted in subsequent fiscal years.

Item 1I - Page 3
City Council Staff Report
February 27, 2025 -- Page 4
Award Baggage Handling Support Services Amendment No. 5

REVIEWED BY:

Executive Director of Aviation: Harry Barrett, Jr.

Acting Procurement and Contracting Manager: Tabitha Richards City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 5 to Contract Services Agreement No. A9005 B. Public Integrity Disclosure
Item 1I - Page 4

ATTACHMENT A
AMENDMENT NO. 5 TO
CONTRACT SERVICES AGREEMENT NO. A9005
Item 1I - Page 5

Page 1 of 3 ends

Revised: 10.31.23
AMENDMENT NO. 5 TO THE INTELLIMODUS, LLC
AGREEMENT NO. A9005

BETWEEN THE CITY PALM SPRINGS AND CONTROLTOUCH

SYSTEMS, LLC DBA INTELLIMODUS, LLC

1. Parties and Date.

This Amendment No. 5 to the ControlTouch Systems, LLC dba Intellimodus, LLC Agreement is made and entered into as of March 1, 2025, by and between the City of Palm Springs (“City”) and ControlTouch Systems, LLC dba Intellimodus, LLC, a Limited Liability Company with its principal place of business at 5171 Maritime Road, Jeffersonville, IN 47130 (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Contractor have entered into an agreement entitled “Intellimodus, LLC ” dated December 1, 2021 (“Agreement”) for the purpose of providing 24/7 contract services for the airport baggage handling system at the Palm Springs International Airport for an amount of $25,000 and a term of December 1, 2021, to November 30, 2022.

2.2 Amendment No. 1. The City and Contractor amended the Agreement to revise the commencement date from March 1, 2022, to February 28, 2023, to better reflect when the work began.

2.3 Amendment No. 2. The City and Contractor amended the Agreement to extend the term utilizing the first of the two one-year extension options commencing on March 1, 2023, through February 29, 2024, and add $25,000 in compensation for a new not to exceed amount of $50,000.

2.4 Amendment No. 3. The City and Contractor amended the Agreement to extend the term utilizing the second of the two one -year extension options commencing on March 1 , 2024, through February 28, 2025 and add $19,468.80 in compensation for a new not to exceed amount of $69,468.80.

2.5 Amendment No. 4. The City and Contractor amended the Agreement to update the Contractors name from “Intellimodus, LLC” to “ControlTouch Systems, LLC dba Intellimodus, LLC” and add $5,000 in compensation for a new not to exceed amount of $74,468.80.

2.6 Amendment No. 5. The City and Contractor desire to amend the Agreement to extend the term and increase compensation for the airport baggage handling system services.

2.7 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 2.3 of the Agreement.

Item 1I - Page 6

Page 2 of 3 ends

Revised: 10.31.23

3. Terms.

3.1 Maximum Contract Amount . Section 2.1 of the Agreement is hereby amended to increase the compensation in the amount of $19,468.80. The total amount of c ompensation shall not exceed $93,937.60.

3.2 Term. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:

"Unless earlier terminated in accordance with Section 3.5 of this Agreement, this Agreement shall continue in full force and effect commencing on December 1, 2021, and continuing through February 28, 2026, unless extended by mutual written agreement of the Parties.”

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

3.5 Severability. If any portion of this Amendment No . 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No . 5 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

Item 1I - Page 7

Page 3 of 3 ends

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

AND CONTROLTOUCH SYSTEMS, LLC DBA INTELLIMODUS, LLC

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

CONTRACTOR:

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

Date: Date:

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 1I - Page 8

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1I - Page 9

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Membe rs, Managers, Tru stees, O ther F iduciaries (please specify) Note: If any response is not a natural pe rson, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Offi
cer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other __________________________
ControlTouch Systems, LLC dba Intellimodus, LLC
4528 Bishop Lane, Louisville KY 40218
Kentucky
x
x
Michael Merman x
Item 1I - Page 10

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

EXAMPLE
JANE
DOE
[name of owner/i nvestor]
50% , A BC CO
MPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/i nvestor] [percentage of beneficial interest in entity and name of entity]
B.
[name of ow ner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inves tor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Automated Conveyance Holdings, LLC 100%
02/10/2025Michael Merman, CFO
Item 1I - Page 11

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 1 TO LICENSE AGREEMENT NO. 24N355 WITH UNITED PARCEL SERVICE, INC. FOR THE EXCLUSIVE USE OF

A PORTION OF THE PROPERTY LOCATED AT THE SOUTHEAST

CORNER OF EAST ALEJO ROAD AND NORTH CIVIC CENTER DRIVE
(APN: 502 -100-026) AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will retroactively approve Amendment No. 1 to License Agreement No. 24N355 (License Agreement) with United Parcel Service, Inc. (Licensee) to extend the License Agreement term and amend the License Agreement fee for the exclusive use of a portion of the property located at the southeast corner of East Alejo Road and North Civic Center Drive APN (Assessor Parcel Number) 502-100-026, permitting the Licensee to enter upon the License Area for the purpose of parking and staging the trucks, trailers and equipment and/or the parking of passenger vehicles of the Licensee, and/or Licensee’s employee s, contractors, customers or agents at the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve retroactively Amendment No. 1 (Attachment A) to License Agreement No. 24N355 with United Parcel Service, Inc. to extend the License Agreement term to January 1, 2024, through December 31, 202 5 and amend the License Agreement fee to $1,450 per month for the exclusive use of a portion of the property located at the southeast corner of East Alejo Road and North Civic Center Drive (APN: 502-100-026) at the Palm Springs International Airport.

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

Item 1J - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Amendment No. 1 to License Agreement 24N355 with United Parcel Service, Inc.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on January 30, 2025, United Parcel Service, Inc. is registered to do business in the state of California.

BACKGROUND:

Prior to the 2024 holiday shipping season, United Parcel Service, Inc. approached the Airport on the availability of unused Airport land that could be licensed from the City of Palm Springs for the purposes of parking and staging truck s, trailers and equipment and/or the parking of passenger vehicles for the company’s employees, contractors, customers or agents during the holiday season. The Airport identified a portion of property located at the southeast corner of East Alejo Road and North Civic Center Drive, Palm Springs, CA 92262 (APN 502-100-026) (Attachment C) consisting of 29,500 square feet.

Given the requested duration of time was seventy-four days (November 19, 2024 through January 31, 2025) and the total amount of revenue produced by the License was $3,500, the Airport authorized a temporary License Agreement. The License Agreement 24N355 was executed on November 12, 2024, by the Executive Director of Aviation of the City of Palm Springs.

On December 2, 2024, United Parcel Service, Inc. informed the Airport that they would be expanding their facility on N. Commercial Road, which would impact some of their on- site trailer staging , and United Parcel Service, Inc. requested to extend the term of the License Agreement through the end of 2025.

STAFF ANALYSIS:

An internal Airport review was conducted to determine if this portion of the Airport was planned for any activities in 2025, and it was determined that the Airport did not have any strategic or tactical plans for this property in 2025.

To align with the Airport's mission of financial sustainability, all opportunities of generating revenue from Airport assets are carefully reviewed. In addition to the alignment with the Airport and City Strategic Planning, the use of recent property appraisals ensures that the fair market value of the property is received. Based upon the 29,500 square feet at the appraised rate of other Airport property, the total value of the License Agreement for the remainder of 2025 will be $15,950.

An analysis was conducted on the extension of the License Agreement through December 31, 2025 for United Parcel Service, Inc.

Pros:
• Allows for the commercial use of unused “as-is” Airport property.

Item 1J - Page 2
City Council Staff Report
February 27, 2025 -- Page 3
Amendment No. 1 to License Agreement 24N355 with United Parcel Service, Inc.

• Use of Airport land is consistent with the Federal Aviation Administration’s guidance on Land Use for non-aeronautical purposes.
• Will receive fair market value for Airport property based upon an appraisal provided by a professional real estate appraisal company. • Supports a commercial enterprise that is deemed essential to local commerce and for the logistical benefit of the citizens of Palm Springs. • In the License Agreement, a termination right exists that allows either party, upon thirty business days’ notice in writing, to terminate the License Agreement for any reason.

Cons:
• The Airport property is close to the Rental Car Overflow Parking Lot on East Alejo which would make it a good alternative overflow space for rental vehicle parking, or employee parking.
• United Parcel Service, Inc.’s trucks with trailers and other vehicle traffic would now be exiting the Airport property either on N. Civic Dr. or on E. Alejo Rd.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 1D, Economic Development as well as the Airport’s Strategic Plan Priority 4 – Goal 2, Maximize non-aeronautical revenue opportunities for the City.

FISCAL IMPACT:

Retroactive approval of t his action will result in the generation of Airport Revenues of $17,405 for the remainder of the 202 5 calendar year to Airport Fund 415. 38010 – Misc Revenue – Airport.

Item 1J - Page 3
City Council Staff Report
February 27, 2025 -- Page 4
Amendment No. 1 to License Agreement 24N355 with United Parcel Service, Inc.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No 1 to License Agreement No. 24N355
B. Public Integrity Disclosure Form
C. P ortion of property located at the southeast corner of East Alejo Road and North Civic Center Drive, Palm Springs, CA 92262 (APN 502-100-026)

Item 1J - Page 4

ATTACHMENT A
AMENDMENT NO. 1 TO
LICENSE AGREEMENT 24N355 WITH
UNITED PARCEL SERVICE , INC.

Item 1J - Page 5
1 FIRST AMENDMENT TO UNITED PARCEL SERVICE, INC.

LICENSE AGREEMENT 24N355

FOR USE OF LICENSE AREA AT

PALM SPRINGS INTERNATIONAL AIRPORT

THIS FIRST AMENDMENT to the LICENSE AGREEMENT 24N355 ( this “Amendment”) is made and entered into this 1 st day of February 2025, by and between the CITY OF PALM SPRINGS, a municipal corporation (“Licensor” or “City”), and United Parcel Service, Inc., an Ohio Corporation (“Licensee”). City and Licensee may herein be referred to individually as a “Party” and collectively as “Parties.”

R E C I T A L S:

WHEREAS, City owns and operates the Palm Springs International Airport, a public airport hereinafter referred to as "Airport", located in the City of Palm Springs, California; and
WHEREAS, Licensor owns or leases the property located at the southeast corner of East Alejo Road and North Civic Center Drive, Palm Springs, CA 92262 (APN: 502-100- 026) (the “Property”)
WHEREAS, o n November 12 , 2024, Parties entered into that certain License Agreement 24N355 (the “ Agreement”) to license the exclusive use of a portion of the Property at Palm Springs International Airport (“Airport”) for the purpose of the parking and staging purposes, as further described in the Agreement.

WHEREAS, the Parties now desire to enter into this First Amendment to the Agreement in order to extend the License Term and amend the License Fee to $1,450 per month for such extension term.

NOW, THEREFORE, in consideration of the mutual covenants and promises in this Amendment, the parties hereto covenant, agree and bind themselves as follows:

AGREEMENT

1. Section 1 of the Agreement is amended to read:
“1. License: License Term.

Licensor hereby licenses to Licensee the right to enter upon the License Area and over and across the Property as may be necessary to access the License Area and to exclusively use the License Area for the Permitted Use for the period commencing on November 19, 2024 and expiring on December 31, 2025 (the “License Term”). Licensee shall have access to and from the License Area from a public road twenty-four (24) hours a day, seven (7) days a week.”

Item 1J - Page 6
2 2. S ection 2 of the Agreement is amended to read:
“2. License Fee.

In consideration for such License, Licensee shall pay Licensor (a) for the period from November 19, 2024 through January 31, 2025, the sum of $3,500 in full prior to the term of the L icense, and (b) for the period from February 1, 2025 through December 31, 2025, the sum of $1,450 per month during such portion of the term of the License (the “License Fee”). Payment of the portion of the License Fee described in (b) above shall be made by Licensee to Licensor in advance on or before the first (1
st) day of each applicable month.”

3. APPL ICABILITY.

4. J
OINT AUTHORSHIP .

[SIGNATURES ON FOLLOWING PAGE]
Item 1J - Page 7
3 SIGNATURE PAGE FOR THE FIRST AMENDMENT TO
LICENSE AGREEMENT 24N355
BETWEEN THE CITY OF PALM SPRINGS AND UNITED PARCEL SERVICE, INC.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the LICENSE AGREEMENT 24N355 UNITED PARCEL SERVICE, INC. as of the day and year first above written.

CITY OF PALM SPRINGS
Scott Stiles
City Manager
Attested By:

Brenda Pree
City Clerk
Approved as to Form:

Jeffrey S. Ballinger
City Attorney
United Parcel Service, Inc., an Ohio
Corporation
Signature
Name
Title
Item 1J - Page 8

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1J - Page 9
Item 1J - Page 10

1. Name of Entity
\) .v'\ '\-~d

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
"'., rCe\ Ser"1te \~<..- l\v-- O""-\_, I I c ~ r (> .... ,.,r~, \- , ~"'

2. Address of Entity (Principal Place of Business)
c;-~ G\ ~ n. \C\. "~ <?e.. r"'--, ~-, Ne, A.-\ le, A\~,. / GA -~o~ Li,

3. Local or California Address (if different than #2)
(e.. y.:i CO •""' W'\~rc, c~ \ QJ . I ~c-\..v\ <;{ f'\~~:; I (f.\ '\ "1-1.- (;, l-

4. State where Entity is Registered with Secretary of State Ce...\, c~.-V' "~" ( ~ 4_ \Y? '2-\,{"2,)
If other than California, is the Entity also registered in California? D Yes D No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response Is not a natural person, please Identify all officers, directors. members, managers and other fiduciaries for the member, manager , trust. "if~
D Officer D Director D Member D Manager ~
[name] D General Partner D Limited Partner
Lv,c, 'f/V\... to~£~ []Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
n0ther -
D Officer D Director D Member O Manager
[name] D General Partner D Limited Partner
Other
Item 1J - Page 11

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

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

UPS \,Jcr\J w,,,(. t:.>(w,,rJ,ri., \ooa:>I:,
I
(name of owner/investor] \ Y\L-. [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[nQme of owner/Investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT . nted Name, Title Date
Item 1J - Page 12
City of Palm Springs, CA.

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

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

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

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

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

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

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation 3. Acme Brothers 2, Inc., a California corporation a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company 4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe b. Ownership:
i.50%

ATTACHMENT C

PORTION

OF PROPERTY LOCATED AT THE SOUTHEAST

CORNER OF EAST ALEJO ROAD AND NORTH CIVIC
CENTER DRIVE, PALM SPRINGS, CA 92262
(APN 502-100-026)
Item 1J - Page 13
Item 1J - Page 14

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 2 5B040 WITH GLOBAL BUILDERS , INC., FOR ON-CALL GENERAL CONTRACTOR

SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Agreement No. 25B040 with Global Builders, Inc., in an amount not to exceed $975,000 for on-call general contractor services.

RECOMMENDATION:

1. Approve Contract Services Agreement 25B 040 ( Attachment A ) with Global Builders, Inc. to provide on- call general contractor services in an amount not to exceed $975,000 for the initial three- year term beginning March 3, 2025 through March 2, 2028, with two one -year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) submitted on February 4, 2025, Global Builders, Inc. is registered in the State of California.

BACKGROUND:

The City requires the services of a Contractor to provide on- call general contractor services for building repairs and renovations at various City of Palm Springs Building s and Facilities.

STAFF ANALYSIS:

The contract with Global Builders , Inc. is an on-call, as-needed type contract. The bids Item 1K - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Award On-Call General Contractor Services Contract

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

An Invitation for Bids (IFB 24-41) was initiated by the City’s Procurement and Contracting Department on January 6, 2025, based on the Department of Public Works specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Ten bids were received by February 4, 2025, deadline as follows:

Vendor Bid
Global Builders Inc – Laguna Hills, CA $1,219,354.80
MPG Construction LLC – San Bernardino, CA $1,480,080.00 E M D Construction Inc – Mountain Center, CA $1,495,491.20 R Dependable Const Inc – San Bernardino, CA $1,499,580.00 United Contracting LLC – Coachella, CA $1,500,100.00
Capital Building Services, Inc. – Rancho Mirage, CA $1,514,745.60 PUB Construction Inc. – Diamond Bar, CA $1,532,400.00
M. Brey, Inc. dba MBE Construction – Beaumont, CA $1,580,080.00 R&R B Inc DBA Servpro of Palm Springs/Indio/Coachella/Indian Wells/La Quinta – Indio, CA $1,633,280.00
Gulati Construction Company, Inc. – La Palma, CA $1,865,940.00

On February 5, 2025, the fourth low bidder , R Dependable Construction, Inc, (R Dependable Construction) submitted a bid protest (Attachment C), requesting that the bid submitted by Global Builders, Inc., (Global Builders) be found non-responsive . The protest asserts that Global Builders is non -responsive because the unit price bids for laborer and carpenter billing rates are at actual prevailing wage cost paid to laborers and carpenters pursuant to California Labor Code, and do not include profit or overhead. R Dependable Construction asserts this would lead to Global Builders performing the work for free if awarded the contract and the City would have to allow Global Builders to increase their laborer and carpenter billing rates to include profit and overhead.

As a threshold matter, the City has broad discretion to determine responsiveness and accept a responsive bid even if there are minor irregularities or mistakes, as long as such mistakes do not affect the price of the bid or otherwise give a bidder an unfair competitive advantage. A review of the protest shows that the alleged issue is without merit. It is clear the alleged error in the bid is not an error at all and certainly does not amount to material mistakes requiring the City to reject the bid as nonresponsive.

receive payment. Global Builders confirmed their bid submittal incorporates all of its costs in its unit bid prices. Thus, the City rejected R Dependable Construction’s bid protest (Attachment D) as meritless.

Staff reviewed all bid documents submitted by the apparent low bidder and determined that Global Builders, Inc., complied with IFB 24 -41 requirements and has submitted the lowest responsive and responsible bid.

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

Staff recommends approval of a Contract Services Agreement No. 25B 040 with Global Builders Inc for the initial three-year term in the amount not to exceed $975,000, effective March 3, 2025, through March 2, 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 administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024- 2025 in Facilities Maintenance Accounts 5206570- 40105 and 5206570-5 0119 and will be budgeted in subsequent fiscal years.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Public Works Director: David McAbee
Acting Procurement and Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

Item 1K - Page 3
City Council Staff Report
February 27, 2025 -- Page 4
Award On-Call General Contractor Services Contract

ATTACHMENTS:

A. Contract Services Agreement No. 25B040
B. Public Integrity Disclosure – Global Builders, Inc.

C. Bid Protest – R Dependable Construction, Inc.

D. City’s Response – Bid Protest

Item 1K - Page 4

ATTACHMENT A

Item 1K - Page 5

Page 1 of 29 ends

CONTRACT SERVICES AGREEMENT 25B040

ON-CALL GENERAL CONTRACTOR SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 3, 2025 , by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Global Builders Inc, a California corporation , (“Contractor”).

City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

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

B. Contractor has submitted to City a Bid to provide on-call general contractor services, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

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

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

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

2. TIME FOR COMPLETION
Item 1K - Page 6

Page 2 of 29 ends

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $975,000.

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

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

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

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

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Item 1K - Page 7

Page 3 of 29 ends

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 March 3, 2025, and ending on March 2, 2028, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

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

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

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

Item 1K - Page 8

Page 4 of 29 ends

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

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

Name: Title:

Walid A Timory CEO

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

Item 1K - Page 9

Page 5 of 29 ends

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

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

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

8. RECORDS AND REPORTS

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

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 transcr ipts 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.

Item 1K - Page 10

Page 6 of 29 ends

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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

11. MISCELLANEOUS PROVISIONS

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

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Global Builders Inc
Attention: Walid A Timory
23276 S Pointe Drive Suite #206
Laguna Hills, CA 92653

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

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

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

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

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

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

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

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

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

[SIGNATURES ON NEXT PAGE]

Item 1K - Page 13

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND GLOBAL BUILDERS INC

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

CONTRACTOR:

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

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

Item 1K - Page 14

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EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1K - Page 15

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1.1 Background:

The City requires the services of a Contractor to provide on- call general contractor services for building repairs and renovations at various City of Palm Springs Building and Facilities.

1.2 Scope:

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

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

C. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work.

1. Contractor shall be solely responsible for correcting any damages caused by on- site work, due to improperly protecting property.

D. Response time: Contractor shall respond to calls for service as follows:

1. Contractor shall respond to department within 48 hours from request for work. a. Requests for proposals shall be provided within 7 days from the initial request, unless prior written arrangements are made with the City Project Manager.

2. Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses include weekends, after-hours and holidays.

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

F. Historic Properties: Contractor shall have knowledge of the City of Palm Springs Historic buildings and the various historic classifications that shall define and outline the repair and improvements allowed.

1. Contractor shall discuss all modifications with the Project Manager prior to commencement of work.

2. Contractor shall make themselves aware of the City’s historic properties:
https://www.palmspringsca.gov/government/departments/planning/hist oric-resources/historic-properties
G. Correction of work deficiencies:

1. Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

2. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other Item 1K - Page 16

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means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

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

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

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

J. General safety requirements:

1. The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

2. The Contractor shall conduct any required testing for hazardous materials, including but not limited to asbestos-containing materials (ACM), lead, and mold.

Should any hazardous materials be discovered during the course of the Work, the Contractor is obligated to notify the Project Manager and provide a comprehensive remediation plan to address and mitigate the identified hazards.

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

L. Security:

1. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

2. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on- site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

M. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off -site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City Item 1K - Page 17

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retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

N. Uniforms and vehicles:

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

2. Contractor vehicles must display company logo and name.

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

1.3 Bonding:

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

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

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

1.4 Pricing:

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

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

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

Item 1K - Page 18

Page 14 of 29 ends

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

This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal -to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.5 Payment:

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

1.6 Invoicing:

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

1.7 Special Security Requirements:

A. Police Department: Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

B. Palm Springs International Airport:

1. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.

2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.

Item 1K - Page 19

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Item 1K - Page 20

ATTACHMENT G

BID FORM
INVITATION FOR BIDS {IFB 24-41)

ON-CAUL GENBRAL CONTRACTOR SERVICES
Responding to th.is IFB for on-call general ,c,ontraoto:r services, the undersigned b"dder proposes and agrees to provide the servires and work in aoc,ordance with the specificalims . Bidder proposes and agrees to furnish a[I labor, equipment, materials, supervis~on, and service necessary to comp e;te sa·d Work in aoc,ordance wilh the Specifications ,of the City ,of Palm Springs and will accept as fulll payment therefore, the following unit cost amounts. The City of Palm Springs wil I not aocept any additiortal charges, fees,, etc. that are not al ready included o:r in oorporated in the be ow unit ,oosts.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE S UBTOTAL QUANITITY 1 Superintendent IReg Uilar Billing HR 1,040 $.95.38 $99,1915.2 Rate (7:00AM - 5:00PM) 2 Superintendent Overtime Billing HR ,80 $126.14 $10,0911.2 Rate (5:00PiM - 7:00AMII) 3 Superintendent Holiday Billrng HR 80 $156.89 $12,551.2 Rate (Saturdav/Sundav/Holidavsl 4 General Foreman Regular Billing HR 1,040 $.71.69 $74,557.6 Rate (7:00A!M - 5:00PM) 5 General Foreman Overtime HR ,80 $.913.63 $,7,,490.4 Billing Rate (5:00PM - 7:00AM), 6 Gene.ral Foreman Holiday Billing HR ,80 $115.570 $9,245.6 Rate (Saturdav/SundavtHoliday) 7 Carpenter Regular Billing Rate HR 2,080 $77..82 $161,865.6 (7:00AMII - 5:00PM) 8 Carpenter Overtime Billing Rate HR ,80 $,102.965 $8.,237.2 (5:00PM - 7 :0OAM) '9 Carpenter Holiday IB~ling Rate HR ,80 $128.37 $10,269.6 (Saturday/Sunday/Holiday), 10 laborer Regular Billi 119 IRate HR 2,080 $71.69 $1491,,11115.2 (7:00AMII - 5:00PM) n laborer Overtime Billi ng1 IRate HR 80 $.913.63 $7,490.4 (5:00PM - 7 :00AM) '12 labor er Holiday Billing Rat,e
(Saturday/Sunday/Ho[iday), HR ,80 $,115.570 $9,245.6
!Parts and Materials (Enter your
'% mark-up for parts & materials),
t3 (Example for 5% the subtotal = % $400,000 $440,,000 $440,000 $420,000; for 110% the subtotal =
$440,000)
Equipment Rental (Enter your %
mark-up for equipment rentals),
14 (Example for 5% the subtotal = % $90,000 $55,000 $55,000 $52,500; fo:r 10% the subtotal =
$55,000)

Page 16 of 29 ends

Item 1K - Page 21
St.1boonbador (l6nter yo1J1r %
mark-up for subi,ontradora)
·15 (Example for 5% the subtotal = % 1150,,000 $1615,000 $165,000 $1157,1000; for 10% the subtotal =
$1165,(100)
TOTAL (Enter 11his agount iin PlanetBtdst $1 ,2191,354.a *NOTE : This hid form is to detem ine the lowest hid er and will be used to establiiSh the contract.

UJnit prices_ The ,contraot will be set at the City budget a1100u111l Firm Name: ___ ~ G=:lo~bal~=B=t.1i=ld~e~rs~ ln=c=·----------- DIR umber:. ___ ~IPW~ -LR~ -~10=10~1 0=87~684=:~· =O ____________ _ Signature of Authorized Person: ___ ... 4=.;.-,fl~ ... · "'=· - .· _________ _ Printed Name: ___ W~·=a=lid~· ~A~T~im=· · =°'-Y··----------------- Tdle: ______ C="=EO='-' ______________ _
Dale: _____ 41-=·""--'Fe=b/202=· =' ='=-5 ________________ _

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EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1K - Page 22

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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement .

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

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

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

A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.

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

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under Item 1K - Page 23

Page 19 of 29 ends

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

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

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

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

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

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

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

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

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

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

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

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

Item 1K - Page 24

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

Item 1K - Page 25

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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 1K - Page 26

AITACHMIBNT F
IEXIECUTliVIE ORIDIBR NJ6-22 CERJI ACATION
INVIITATI:ON IFOR IBIIDS (IIFB 24-411)
ON-CAUL GENERAL CONTRACTOR. SIBRVJ:CIES
Executive Order N-6-22 isSllled by Governor Gavin ewsom ion March 4, 2022, dir1eds all agencies and departments tha · are Slllbjecl to the Governor's authomy to (a) terminate any oontraots !.Mlli any individuals o,r entities that me dete11ITTined to be a target of ecooomic sanctions agains · Russia and !Russian entities and individuals; and (b) irefrain from entering into any new roniracls with such individuals or entires while the aforementioned sanctions are in effeot
Executive Order N-6-22 also requires that any oontrador that: (1)1 currently: has a coritract wilh the Oity of Palm Springs funded through grant funds pmvided by the State of California; andl'o:r (2) submits a bid or proposal or otherwise proposes to or enter into oc renew a contraot with the City of Palm Springs with State of Cal ifomia grant funds, oerufy that the person is not the target of any economic sanctions agailliSt !Russia and Russian entities and individuals.

The contraoto · hereby cemfies, SUBJECT TO PENAl TY FOR P6RJUIRY, that a) the oontraotor is not a target of any economic sanctions against Russian and Russian ,entities and individ1Jals as discussed in Executive Order JNl-6-22 and b) the person signing below is duly authorized to legally hind the Contractor. This certification is made 11Jnder the laws of :n:fflCffl~o~
5 Printed !Name: Wal id A Timory
Tit!e: OEO
Firm Name: Global Buildeirs. l'nc.

Date: 4/Feb/2025

Page 22 of 29 ends

EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,

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

PROJECT NAME
CITY PROJECT NO. XX-XX

(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

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

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

Item 1K - Page 27

Page 23 of 29 ends

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

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

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

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

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

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation

(This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.)

EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY:

By: By:

signature signature
(NOTARIZED) (NOTARIZED)

Print Name and Title: Print Name and Title:

signature
(NOTARIZED)

Print Name and Title:

Item 1K - Page 28

Page 24 of 29 ends

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

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

The total amount of premium charged: $__________

(The above must be filled in by corporate surety).

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

Any claims under this bond may be addressed to:

(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California if
different from above)

(Telephone Number of Surety and
Agent or Representative for
service of process in California)

Item 1K - Page 29

Page 25 of 29 ends

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT

State of

County of

On __ _ before me, , Date Name, Title of Officer personally appeared ,

NAME(S) OF SIGNER(S)

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

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

Witness my hand and official seal.

__________________________________
Signature of Notary

ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

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

Signer(s) Other Than Named Above_____________________________________________________

A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy or validity of that
document.

Item 1K - Page 30

Page 26 of 29 ends

EXHIBIT “E”
PERFORMANCE BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,

PROJECT NAME
CITY PROJECT NO. XX-XX

(hereinafter referred to as the “Public Work”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and

WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

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

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

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

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

Item 1K - Page 31

Page 27 of 29 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

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

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

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation

(This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.)

CONTRACTOR: SURETY:

By: By

signature signature
(NOTARIZED) (NOTARIZED)

Print Name and Title: Print Name and Title:

By:

signature
(NOTARIZED)

Print Name and Title:

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

PERFORMANCE BOND – PUBLIC WORKS
Item 1K - Page 32

Page 28 of 29 ends

(CONTINUED)

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

The total amount of premium charged: $__________

(The above must be filled in by corporate surety).

Any claims under this bond may be addressed to:

(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California if
different from above)

(Telephone Number of Surety and
Agent or Representative for
service of process in California)

Item 1K - Page 33

Page 29 of 29 ends

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT

State of

County of

On __ _ before me,
Date Name, Title of Officer personally appeared ,

NAME(S) OF SIGNER(S)

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

Witness my hand and official seal.

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

THIS CERTIFICATE Title or Type of Document

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

Signer(s) Other Than Named Above

Item 1K - Page 34

ATTACHMENT B

Item 1K - Page 35

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Global Builders, Inc.

2. Address of Entity (Principal Place of Business)
23276 S Pointe drive Suite# 206 Laguna Hills, California 92653

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

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

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

______ Walid A Timory _____________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________

_____________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________

______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Item 1K - Page 36
-
- ---
af~LM~
~
1 !: 'J, l
~ ~l . :
4 (tfott<t\'""
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7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

Walid A Timory

[name of owner/investor]

100%, owner of Global Builders Inc

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title
Walid A Timory
CEO / Global Builders Inc

Date
4/Feb/2025

Item 1K - Page 37

ATTACHMENT C

Item 1K - Page 38

02/05/2025
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8336
Attn: Brian Sotak-Rossman

Re: On-Call General Contractor Services IFB 24-41
To whom it may concern:

Pertaining to the above noted project R Dependable Const Inc is Protesting the bid of the apparent low bidder “Global Builders Inc” for the following reason.

Bid Form Attachment G states:
“Responding to this IFB for on-call general contractor services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.”
Global Builders Inc listed unit cost amounts for Laborer & Carpenter that are the actual wage cost that Laborers & Carpenters receive on their payroll checks, and did not include any amount of profit or overhead. If awarded the contract, Global Builders Inc would be basically doing the work for free. This obviously would not be acceptable to Global Builders Inc or the City. Based on the clear instructions pertaining to this bid, the two parties could not possibly enter a contract. If the City were to allow Global Builders Inc to increase their amounts entered to include profit & overhead after the bid or after the fact, it would be an unfair advantage, unfair to all other parties involved that correctly followed the instructions given to all bidders, and would therefore make the bid a sham.

Based on this information R Dependable should be the lowest responsible bidder.

Respectfully
Rosemary Padilla
President
Item 1K - Page 39

DEPENDABLE CONST INC
1019 W 3RD ST
SAN BERNARDINO, CA 9241
T:909·3B 1 ·231
,:9 9-BBB-5234
Lie# 944 8B

ATTACHMENT D

Item 1K - Page 40
City of Palm Springs
Procurement and Contracting Department
3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 322-8368 • Fax: (760) 323-8207 • Web: www.palmspringsca.gov Feb
ruary 13, 2025
R Dependable Const Inc.
1019 W 3rd St
San Bernardino, CA 92410
Dear Rosemary Padilla:

The City of Palm Springs (“City”) is in receipt of R Dependable Const Inc. ’s (“R Dependable) bid protest dated February 5, 2025 (“Protest”) concerning IFB 24 -41 for On-Call General Contractor Services (“Project”). While the City appreciates R Dependable’s concern, the City has determined the Protest to be without merit and as it pertains to the bid submitted by the lowest responsible bidder, Global Builders, Inc. (“Global Builders”).

The Protest asserts that Global Builders is non-responsive because the unit price bids for laborer and carpenter billing rates, on Bid Form Attachment G, are at actual prevailing wage cost paid to laborers and carpenters pursuant to the California Labor Code , and do not include profit or overhead. This, R Dependable asserts , would lead to Global Builders performing the work for free if awarded the contract and the City would have to allow Global Builders to increase their laborer and carpenter billing rates to include profit and overhead.

County of Fresno (1985) 163 Cal. App. 3d 1175; Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal. App. 4th 897.) A review of the Protest shows that the alleged issue is without merit. It is clear the alleged error in the bid is not an error at all and certainly do es not amount to material mistakes requiring the City to reject the bid as nonresponsive.

As an initial matter, upon execution of the contract between the City and Global Builders, Global Builders is obligated contractually to ho nor its pricing with the City. Furthermore, t he City’s Procurement and Contracting Department did make contact with Global Builders to confirm their understanding that the rates bid are the rates in which they will receive payment. Global Builders, confirmed their bid submittal incorporates all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal- to-portal charges, environmental fees, shop supplies and consumable incidental materials.

Item 1K - Page 41
Thus, the City rejects your Protest and City staff intends to recommend to the City Council rejection of R Dependable’s Protest as meritless and award the contract to the lowest, responsible bidder for the Project, Global Builders.

We appreciate your participation in this process, and it is always our goal to be fair and transparent to all the companies that participate in our solicitations. We hope that you will continue to pursue work with the City of Palm Springs.

Sincerely,

Tabitha Richards
Acting Procurement and Contracting Manager
City of Palm Springs
Item 1K - Page 42

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE MEMORANDUM OF UNDERSTANDING WITH AFFORDABLE

COMMUNITY LIVING (AKA SANTIAGO SUNRISE VILLAGE MOBILE

HOME PARK) FOR THE REHABILI TATION OR REPLACEMENT OF

MOBILE HOME UNITS AT THE SANTIAGO SUNRISE VILLAGE MOBILE

HOME PARK

FROM: Scott C. Stiles, City Manager

BY: Department of Housing and Community Development

SUMMARY:

This action requests City Council to approve a Memorandum of Understanding (MOU) with Affordable Community Living (AKA Santiago Sunrise Village Mobile Home Park , Contractor) located at 1500 East San Rafael in the City of Palm Springs (Site) for the rehabilitation or replacement of mobile home units at the Santiago Sunrise Village Mobile Home Park.

RECOMMENDATION:

1. Approve a Memorandum of Understanding with Affordable Community Living (AKA Santiago Sunrise Village Mobile Home Park) for implementation of an Owner-Occupied Rehabilitation Program.

2. Authorize the City Manager to execute all necessary documents

BACKGROUND:

On January 23, 2025, the City Council adopted a resolution approving the submittal of a grant application to the California State Department of Housing and Community Development (HCD) for funding under the CalHome program.

STAFF ANALYSIS:

HCD recently announced the availability of funds through the CalHome Program, which aims to support housing stability for low - and very low -income households. The City Council adopted a resolution approving the submittal of a grant application for CalHome Item 1L - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Santigo Sunrise MOU

program funding in an anticipated amount of $5,000,000. As part of the application, an agreement between the City and the Contractor is required as part of the CalHome application package.

If successful, City and Contractor plan to utilize the CalHome funds for an Owner- Occupied Rehabilitation Program, specifically targeting residents of the Santiago Sunrise Village Mobile Home Park. This program would provide critical financial assistance to eligible homeowners for necessary replacement of their mobile home, enhancing the safety, habitability, and energy efficiency of their homes. The proposed MOU with Contractor defines the responsibilities of each party.

This initiative aligns with the City’s ongoing efforts to preserve affordable housing stock and improv e the quality of life for vulnerable residents. Adopting this MOU ensures compliance with HCD grant requirements and positions the City to secure current and future funding opportunities under the CalHome Program.

ALIGNMENT WITH STRATEGIC PLANNING:

This action would further Strategy 1C, Expand Affordable Housing, by preserving and enhancing existing affordable housing units.

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. Should funding be awarded for an Owner -Occupied Rehabilitation Program, potential environmental impacts will be assessed at the entitlement stage of the project.

FISCAL IMPACT:

If awarded, the City would receive up to $5,000,000 in grant funds from the CalHome Program.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott C. Stiles

ATTACHMENTS:

A. Draft Memorandum of Understanding
Item 1L - Page 2

ATTACHMENT A
Item 1L - Page 3
1 MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding ( “Memorandum") dated as of the 27th day of February, 2025 ("Effective Date") is between the City of Palm Springs a municipal corporation and Charter City of the State of California ("City") and Affordable Community Living Corporation, a California 501 (c) 3 non- profit corporation, ( "Affordable Community Living" or “Contractor”) , referred to herein individually as a “Party” and collectively as the “Parties”.

RECITALS
A. The Santiago Sunrise Village Mobile Home Park (the "Property") located at 1500 East San Rafael in the City of Palm Springs is owned by Affordable Community Living.

B. Several Units at the Property are in need of rehabilitation or replacement.

C. The California Department of Housing and Community Development issued a Notice of Funding Availability on December 12, 2024 for the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health and Safety Code.

D. Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CalHome program, subject to the terms and conditions of the statute and the CalHome Program Regulations adopted by HCD, and any Guidelines adopted by HCD.

E. The Palm Springs City Council adopted a resolution on January 23, 2025, approving the submittal of an application to the California Department of Housing and Community Development for funding under the CalHome program.

F. City and Contractor desire to work together to apply for an allocation of CalHome funds from HCD in the amount of up to $5,000,000.00 for implementation of an Owner Occupied Rehabilitation Program (the "Program") for approximately 33 units located in the Property.

G. The purpose of this Memorandum is to memorialize the basic understanding the Parties have with respect to the roles and responsibilities for implementation of the Program.

I. ROLES AND RESPONSIBILITIES OF PARTIES
A. The roles and responsibilities agreed to by the Parties are shown below:

Item 1L - Page 4
2 Role Responsibility

CalHome Application Preparation Affordable Community Living CalHome Application Submittal City of Palm Springs
City – Contractor Grant Agreement or Other Funding
Agreement
Affordable Community
Living/City of Palm Springs
CalHome Grant proceeds management and review of fund
disbursement requests
City of Palm Springs
Cal Home Program Reporting Affordable Community Living
Loan/Grant Processing Affordable Community Living
Underwriting Affordable Community Living
Contractor Assessments to determine repairs/replacement needed
Affordable Community Living
Ordering and placement of new homes or coordinate repairs Affordable Community Living Preparation and submittal of plans and permit applications to City and State.

Affordable Community Living
Interim Housing Costs for residents during home
replacement
Affordable Community Living
Document preparation Affordable Community Living
Escrow coordination Affordable Community Living
Client Eligibility and Waitlist Management Affordable Community Living/City of Palm Springs
Coordinate request for funds from HCD Affordable Community Living/City of Palm Springs
Prepare file submission to HCD (Borrower Summary and
ADF and attachments)
Affordable Community Living
Home Inspection after replacement Affordable Community Living Contract Management/Loan Booking (moving loan to
servicing)
Affordable Community Living
Loan Servicing and 20-year monitoring Affordable Community Living Item 1L - Page 5
3 Assist in completing quarterly and annual reports to HCD Affordable Community Living Preparation of project closeout documentation Affordable Community Living

II. DISBURSEMENTS TO CONTRACTOR

A. Subject to award and receipt of CalHome Funds, City shall disburse funds to Contractor for the purpose of rehabilitating or replacing mobile home units for existing residents of the Santiago Sunrise Mobile Home Park.

B. Contractor shall provide City with a detailed plan, schedule, and budget for rehabilitation or replacement of units for review and approval by the City’s Director of Housing and Community Development.

C. Contractor shall provide monthly invoices to City along with copies of receipts, contracts, or other verification of expenditures for which reimbursement is being claimed. Reimbursements by the City will be limited to the amount of the CalHome award, less expenses for costs incurred by City for administration of the CalHome Funds. City administrative expenses shall not exceed five percent (5%) of the CalHome Award amount.

D. Prior to any disbursements, City and Contractor shall enter into a written agreement that memorializes these terms and sets forth the terms, conditions, and obligations of the CalHome Award.

III. MISCELLANEOUS

A. For any and all claims, demands, causes of action, costs, expenses, liability, losses, or damages including attorney’s fees and expenses (“Claims”), whether in law or in equity, for bodily injury, death or property damage arising out of, relating to or caused by, in whole or part, the negligence, errors, omissions or willful misconduct of a Party (the "Indemnifying Party"), or its officials, officers, employees, subcontractors, consultants or agents, relating to or connected with performance under this Agreement, the Indemnifying Party shall fully defend, indemnify and hold harmless the other Party and its officers, directors, employees, agents, representatives, successors and assigns (the "Indemnified Party" or collectively the “Indemnified Parties”), except to the extent any Claims are caused wholly by the sole negligence or willful misconduct of the Indemnified Parties. An Indemnified Party shall have the right to determine its counsel, subject to the approval of the Indemnifying Party, which approval shall not be unreasonably withheld. The Parties' duties and obligations under this paragraph shall survive termination or expiration of this Agreement.

Item 1L - Page 6
4 B. Neither Party shall have the right to assign this Memorandum without the express written approval of the other Party. This Memorandum shall be binding upon and inure to the benefit of the Parties and their permitted successors, assigns, and legal representatives. This Memorandum shall not be interpreted to establish any express or implied third party beneficiaries.

C. This Memorandum contains the entire agreement between the Parties with respect to the Program. No alteration or variation of the terms of this Memorandum shall be valid unless made in writing and signed by the Parties; and no oral understanding or agreement not incorporated herein shall be binding on either of the Parties.

D. Notices or other communications which may be required or provided under the terms of this Memorandum shall be given as follows:

City: City of Palm Springs
32 00 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager

Contractor: Affordable Community Living
326 W. Katella Ave #4-L
Orange, CA 92866
Attention: Scott McReynolds

E. All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid, and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports, and/or statements authorized or required by this Memorandum, addressed in any other fashion, shall be deemed not given.

F. In any action or proceeding to enforce or interpret any provision of this Memorandum, or where any provision hereof is validly asserted as a defense, the Parties shall bear their own attorney's fees, costs, and expenses.

G. Each Party represents and warrants that the execution, delivery, and performance of this Memorandum have been duly authorized by all necessary action of such Party's governing board, and the person executing this Memorandum on behalf of such Party has been duly authorized and empowered to do so on behalf of such Party.

Item 1L - Page 7
5 H. The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Memorandum.

I. Any action, claim, or dispute relating to or arising from this Memorandum shall be venued in the County of Riverside or in the district court of the federal district where the County of Riverside is located.

J. This Memorandum is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Memorandum, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. In implementing this Memorandum each Party will be acting in its independent capacity and not as agents, employees, partners, or associates of the other.

K. This Memorandum may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original and all of which together shall constitute the same agreement. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures, that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency.

Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

L. Either Party shall be excused from performing its obligations under this Memorandum during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material wrongful act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

Item 1L - Page 8
6 M. The City Manager shall have the authority to make approvals, issue interpretations, waive minor provisions, enter into minor amendments of this Memorandum, and sign and approve additional documents on behalf of the City so long as such actions do not materially or substantially change the program or materially or substantially add to the costs incurred by City as specified herein.

N. City and Contractor have executed this Memorandum as of the date and year first written above.

“CITY”
CITY OF PALM SPRINGS, a California
charter city and municipal corporation
By:

Scott C. Stiles, City Manager

APPROVED AS TO FORM:

By:

Jeffrey S. Ballinger, City Attorney

“Affordable Community Living”
By:

Title:
__________________________________

ATTEST:

By: _______________________________
Brenda Pree, City Clerk

Item 1L - Page 9

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE CONTRACT SERVICE S AGREEMENT NO. 25S039 WITH

RENEWELL FLEET SERVICE, LLC FOR FIRE APPARATUS AND HEAVY

EQUIPMENT MAINTENANCE AND REPAIR SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve a three-year agreement with two one-year extension options with ReNewell Fleet Service, LLC, in an amount not to exceed $600,000 for the initial term for fire apparatus and heavy equipment maintenance and repair services for the Palm Springs Fire Department’s Pierce Fire Manufacturing Apparatus, and OSHKOSH Airport Products.

RECOMMENDATION:

1. Approve Contract Service A greement 25S039 ( Attachment A ) with ReNewell Fleet Service, LLC, to provide fire apparatus and heavy equipment maintenance and repair services in an amount not to exceed $600,000, for the initial three-year term beginning March 3, 2025, through March 3, 2028 , with two one -year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), ReNewell Fleet Service, LLC, is registered in the State of California.

BACKGROUND:

The City’s fleet of fire engines (manufactured by Pierce Manufacturing) requires that any required heavy mechanical maintenance or repairs be performed by Pierce’s authorized regional vendor – ReNewell Fleet Service, LLC (ReNewell).

Item 1M - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Approve Fire Apparatus Maintenance and Repair Contract

The City currently owns four (4) Oshkosh Striker Aircraft Rescue and Firefighting (ARFF) vehicles used by the F ire Department to provide safety and emergency response for aircraft firefighting needs. ReNewell is the authorized parts, service, and warranty center in the State of California for Oshkosh and Pierce Manufacturing.

STAFF ANALYSIS:

The contract with ReNewell is an on- call, as-needed type contract. The amount of the contract is based on the budgeted amount set by the Department.

In accordance with Palm Springs Municipal Code Section 7.05. 020, a contract may be awarded without competition when the Procurement is made after conducting a good faith review of available sources and the Director has determined that there is only one source for the Procurement.

Staff recommend approval of Contract Services Agreement No. 25S039 with ReNewell Fleet Service, LLC for an initial three- year term in the amount not to exceed $600,000 beginning March 3, 2025, through March 2, 2028, subject to two one- year extension options at the sole discretion of the City.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2024- 2025 Fleet Accounts 5106560-50105 and 5106560-40105.

Item 1M - Page 2
City Council Staff Report
February 27, 2025 -- Page 3
Approve Fire Apparatus Maintenance and Repair Contract

REVIEWED BY:

ATTACHMENTS:

A. Agreement No. 25S039
B. Public Integrity Disclosures

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ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 25S039

FIRE APPARTUS PARTS AND SERVICE
THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on March 03, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and Renewell Fleet Services,LLC, a California Limited Liability Company, ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. City requires the services of a licensed and qualified Pierce parts provider, for the procurement of fire apparatus parts and services, ("Project").

B. Contractor has submitted to City a proposal to provide parts and services for Fire Apparatus repair, under the terms of this agreement.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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.

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $600,000.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the schedule of fees set forth in Exhibit "A" for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor's invoice.

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. 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 3 years, commencing on March 03, 2025, and continuing through March 02, 2028, with two one-year extension options at the City's sole discretion.

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

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Dean Guccione, Director of Service Operations. It is expressly understood that the experience, knowledge, education, capability, and Revised 12 .21 .23 Page 3 of 18
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reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

5.3 Prohibition Against Subcontracting or Assignment. The expenence, 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 ad vice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

Dean Guccione Director of Service Operations

5.6 California Labor Code Requirements.

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

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

7. INDEMNIFICATION.
7 .1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers ( collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees ( collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement. Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties Revised 12 .21 .23 Page 5 of 18
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for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

8.2 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.

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

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9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Renewell Fleet Service, LLC
Attention: Dean Guccione
3150 Palisades Dr.,
Corona, CA 92878

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

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

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

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

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

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

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 ("Russian Sanctions Program"). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit "C" (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND RENEWELL FLEET SERVICE LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: ___________ _ By: __________ _
Signature Signature
(2nd signature required for Corporations)
Date: __________ _ Date: ___________ _
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: Item No.

APPROVED AS TO FORM: ATTEST:

By: ----------- By: -------------City Attorney City Clerk APPROVED:

By:-----,---------,------- Date: _________ _
City Manager - over $50,000
Deputy/Assistant City Manager - up to $50,000
Director- up to $25,000
Manager - up to $5,000
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EXHIBIT "A"

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

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January 30, 2025
Michele ALiey
Administrative Assistant
City of Palm Springs
Department of Maintenance & Facilities
Subject: ReNewell Fleet Shop Labor and Parts Mark-Up Rate Hello Miche le.

Dean Guccione
Director of Service Operations
3150 Palisades Dr.

Corona, CA. 92878
dguccione@renewe llfs.com
Please be advised that the shop labor rate for ReNewell Fleet Service , LLC, is $195.00 per hour.

After-hours and holiday rate is $300.00 per hour. Please let us know if you have any questions or need any further information .

Our parts mark-up is approximately 45%. Please let me know if you have any add itio nal questions.

Since rely,
Dean Gucc ione
Direct or of Service Operat ions
Re Newell Fleet Service
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UOO AMfi~ ICA H [) >JIVE
POSTO · 1oi: i X '2017
A PPLETC!I I. 1 CON SIM 549'1 4017
9~-= • FAX 920-832=
Wl.!IW.pierce .rg.co
July 1, 2024
RE: Sole Source
o whom it may ooncern:

To provide you with t he personalized level of sales, service, and warran y you desen1<:!, Pierce has es ablishe,d a networ of authorized dealers throughout the oount ry. Sout h Coast Fire Equipme Inc., and its wholly owned suhsidlary ReNewell Fleet Services, are he exclusive providers for the sale, service, parts, and warranty of custom and commercial ire apparatus manufacture d by Pierce in the Califo rnia count ies of: Imperial, los Angeles, Kern, Orange, Riverside, San Bernardino, San Diego, San Lui.s Obispo, Santa Barbara and Ventu ra.

South Coast Fire Equipment a nd Re ewel'I IF!eet Ser,1ces are extre mely qualified to prnvide you wi h the support you have come to expect from Pierce.

Please contact South Coast Fire Equipmen direct for sal,es and .service support or vi.sit t heir websit e for more inform at ion at www .sou hcoastfire.ne .

Sincerely,
HM~ F d~ai
Mar c Fa!u.otioo
lilCj;iorr..-1 \'i.c-e- Pi mlent
Pie:r,ce M:o1 ni.,f.:ctiu.;in,; Inc.

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EXHIBIT "B"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Revised 12 .21 .23 Page 16 of 18
Item 1M - Page 21
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor's obligation to provide them.

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

Revised 12 .21 .23 Page 17 of 18
Item 1M - Page 22
EXHIBIT "C"
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signature: _________________ _
Printed Name: -----------------
Title: --------------------
Firm Name: ------------------
Date: ___________________ _
Revised 12 .21 .23 Page 18 of 18

ATTACHMENT B

Item 1M - Page 23
Item 1M - Page 24
Who
Must
File?
CITY
OF
PALM

SPRINGS
PUBLIC

INTEGRITY

DISCLOSURE
(INSTRUCTIONS
FOR

APPLICANTS)
Applicants
that
are
NOT
a
natural
person
or
group
of
natural
people
that
will
be
identified
on
the
application,
and
seek
a
City
approval
determined
by
a
vote
of
City
officials.

Examples
include
corporations,
limited
liability
companies,
trusts,
etc.
that
seek
a
City
Council
approval,
or
an
approval
by
one
of
the
City's
board
or
commissions.

Why
Must
I File?
The
City
of
Palm
Springs
Public
Integrity
Ordinance
advances
transparency
in
municipal
government
and
assists
public
officials
in
avoiding
conflicts
of
interest.

The
City's
Public
Integrity
Ordinance,
codified
in
Chapter

2.60 of
the
municipal
code,
reflects
the
City's
interest
in
ensuring
that
companies
(and
other
legal
entities
that
are
not
natural
people)
doing
business
in
the
community
are
transparent
and
make
disclosure
as
to
their
ownership
and
management,
and
further
that
those
companies
disclose
the
identity
of
any
person,
with
an
ownership
interest
worth
two
thousand
dollars
($2,000)
or
more,
who
has
a
material financial
relationship
with
any
elected
or
appointed
voting
City
official,
or
with
the
City
Manager
or
City
Attorney. Note:

A
material
financial
relationship
is
a
relationship
between
someone
who
is
an
owner/investor
in
the
applicant
entity
and
a
voting
official
(or
the
City
Manager
or
City
Attorney),
which
relationship
includes
any
of
the
following:
(1)
the
owner/investor
and
the
official
have
done
business
together
during
the
year
prior
to
the
application;
(2)
the
official
has
earned
income
from
the
owner/investor
during
the
year
prior
to
the
filing
of
the
application;
(3)
the
owner/investor
has
given
the
official
gifts
worth
fifty
dollars
($50)
or
more during
the
year
prior
to
the
filing
of
the
application;
or
(4)
the
official
might
reasonably
be
anticipated
to
gain
or
lose
money
or
a
thing
of
value,
based
upon
the
owner/investor's
interest
in
the
applicant
entity,
in
relation
to
the
application's
outcome.

When
Must
I File?
You
must
file
this
form
with
the
Office
of
the
City
Clerk
at
the
same
time
when
you
file
your
application
for
a
City
approval
determined
by
a
vote
of
City
officials,
whether
elected
or
appointed. (Revised
09 13
18)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE
(INSTRUCTION
FOR

APPLICANTS)
Page
1 of
2 Item 1M - Page 25
What
Must
I Disclose?
A.

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

Note:
(1)
only
trusts
or
other
organizations
that
are
not
the
fiduciaries,
(2)
if
a
second
entity
that
is
not
a
natural
person
serves
the
applicant
entity
(e.g.,
as
a
member
of
an
applicant
LLC),
then
all
officers,
directors,
members,
managers,
trustees,
etc.,
of
the
second
entity
must
be
disclosed).

The
names
of
persons
owning
an
interest
with
a
value
of
two
thousand
dollars
($2,000)
or
more
who
have
a
material
financial
relationship
with
an
elected
or
appointed
City
official
who
will
vote
on
the
applicant's
application,
or
with
the
City
Manager
or
City
Attorney.

PENALTIES
Falsification
of
information
or
failure
to
report
information
required
to
be
reported
may
subject
you
to
administrative
action
by
the
City.
(Revised
09 13
18)
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE
{INSTRUCTION
FOR

APPLICANTS)
Page
2 of
2 Item 1M - Page 26

1. 2. 3. 4. 5.

Name
of
Entity
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
ReNewell
Fleet
Service,
LLC
Address
of
Entity
(Principle
Place
of
Business)
3150
Palisades
Dr.,
Corona,
CA.
92878
Local
or
California
Address
(if
different
than
#2)
State
where
Entity
is
Registered
with
Secretary
of
State
California
If
other
than
California,
is
the
Entity
also
registered
in
California?
n
Yes
n
No
Type
of
Entity
D
Corporation
1K]
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)

6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:

If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
Kevin
Newell
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
[29Other
President
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 (Revised
09 13
18)
Item 1M - Page 27

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

EXAMPLE JANE
DOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl
A.

Kevin
Newell
100%,
ReNewell
Fleet
Service,
LLC
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
B.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl
C.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
D.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl
E.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl

I DECLARE
UNDER

PENALTY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.
isclosing
Party,
Printed
Name,
Title
e,
6'c
or
of
Service
Operations
Date
2/7/2025
(Revised
09 13
18)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
2 of
2 CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE A TASK ORDER TO INTERACTIVE DESIGN CORPORATION FOR FIRE STATION NO. 3 DESIGN SERVICES UNDER ON -CALL
AGREEMENT NO. A8876 FOR ARCHITECTURAL SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve the issuance of T ask O rder N o. 5 Revision 2 for Schematic Design Services for Fire Station No. 3 for expansion of living quarters. for an increase of $59,500 and a total Task Order No. 5 Revision 2 amount not to exceed $97,000.

RECOMMENDATION:

1. Approve issuance of Task Order No. 5 Revision 2 to On -Call Agreement No.

A8876 with Interactive Design Corporation for Fire Station No. 3 Design Services for an increase of $59,500 and a total task order amount not to exceed $ 97,000; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment A), Interactive Design Corporation is a corporation registered in the state of California.

BACKGROUND:

The Public Works and Fire Departments have been meeting monthly to discuss and prioritize deferred maintenance, as well as the staffing needs for both current and future personnel at each fire station. Fire Stations No. 1 and 3 handle the highest call volu mes and are the oldest buildings.

Fire Station No. 3, originally built in 1964, does not meet the current demands of staffing, privacy, and call volume. The station’s design lacks the space and privacy needed for Item 1N - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Approve Task Order for Fire Station No. 3 Design Services

both current and future personnel, making it difficult to support a growing and diverse team. With increasing call volumes, the existing layout is unable to accommodate the operational needs of modern fire service operations and staff. As a result, a major renovation and addition are necessary to ensure the station can effectively support the department’s needs now and in the future.

In September of 2024, staff reached out to on-call architect Interactive Design Corporation (IDC) to request a proposal to evaluate for potential expansion of new sleeping quarters, resulting in the issuance of Task Order No. 5 for an amount not to exceed $10,000.

Following the selection of expansion concept , staff requested IDC provide a proposal to draft a conceptual design, space planning, review building systems, and outline planning and engineering regulations for an additional $27,500, and a total Task Order No. 5 Revision 1 not to exceed $37,500. Preliminary conceptual design services have already been completed as well as a cursory review with Planning, Engineering, and Fire Department Heads.

STAFF ANALYSIS:

Staff is recommending approval of Task Order No. 5 Revision 2 ( Attachment B ) to include the completion of the schematic design phase of the project for a n additional amount of $59,500, and a total Task Order No. 5 Revision 2 not to exceed $97,000.

Additional design costs will be determined upon completion of the schematic design and following review and approval s deemed necessary by Development Services Departments, Commissions, and City Council.

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 a task order for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available Fiscal Year 2024-25 deferred maintenance account 5206570-50119.

Item 1N - Page 2
City Council Staff Report
February 27, 2025 -- Page 3
Approve Task Order for Fire Station No. 3 Design Services

REVIEWED BY:

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Contract Amendment for Task Order 5 Revision 2

Item 1N - Page 3

ATTACHMENT A
Item 1N - Page 4
17 ATTACHMENT “D”

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity

 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

____________________________________________
 Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner

 Other _________________________________

____________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other _________________________________

____________________________________________
 Officer  Director  Member  Manager
[name]
 General Partner  Limited Partner

 Other _________________________________

INTERACTIVE DESIGN CORPORATION
199 SOUTH CIVIC DRIVE SUITE 10
PALM SPRINGS, CA 92262

CALIFORNIA
N/A
X
B. MARIA SONG
X
REUEL A. YOUNG
X
X
X

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed
Name, Title

Date

22MAR21

MARIA SONG, PRESIDENT
B. MARIA SONG
100%, INTERACTIVE DESIGN CORPORATION
Item 1N - Page 6

ATTACHMENT B
Item 1N - Page 7

I N T E R A C T I V E D E S I G N C O R P O R A T I O N A R C H I T E C T U R E + P L A N N I N G + S U S T A I N A B I L I T Y 1 9 9 S CI V I C DR S T E 1 0 , PAL M S P R I N G S C A , 9 2 2 6 2 7 6 0 .3 2 3 .4 9 9 0 w w w.i n te r ac ti ve d e s i g n co r p.co m Page
1 of 3
Jan
uary 21, 2025
David McAbee, CPS Public Works Director
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
Project: PALM SPRINGS FIRE STATION 3 ADDITION IMPROVEMENTS RE: Contract Amendment for New Task Order 5 Revision 2 for SCHEMATIC DESIGN SERVICES for expansion of living quarters for Fire Station 3 (IDC Project ID No. 2402 and City Agreement A8876 Task Order 5) Dear Mr. McAbee:

We are pleased to submit this Contract Amendment for Professional Services between the City of Palm Springs (the Client) and Interactive Design Corporation (the Architect) for Professional Services for the Fire Station 3 living quarters expansion Task Order 5 Revision 2.

I. PROJECT DESCRIPTION for FIRE STATION 3 – Task Order 5.R2 The Preliminary Conceptual Site design services as described in Task Order 5 Revision 1 have been completed and approved by CPS Fire Chief, Fire Deputy Chief, and Public Works Department Director, Project Manager, and Office of City Manager. The 12DEC24 meeting notes describe the arrival to completion of Task Order 5 Revision 1.

The client wishes to proceed with Schematic Design phase based on 02DEC24 Proposed Programming Plan which successfully reworked the interiors for a new total of 6 bedrooms and 3 single use bathrooms, expansion of new living quarters north of existing facility, relocating Staff parking facing Miraleste, realignment of full vehicle access to the apparatus bay closer to the north property line with access to new ADA accessible parking stall. This new driveway relocation created space for Day Room addition.

II. SCOPE OF SERVICES for FIRE STATION 3 – Task Order 5.R2 A. DISCOVERY/RESEARCH OF EXISTING CONDITIONS

1. Collect, review and evaluate
a) Existing documentation (to be provided by CPS) including Original A&E documents and civil plans
b) Street improvement plans of Racquet Club and Miraleste (to be provided by CPS) including Original A&E documents and civil plans
c) On- and off-site utilities (field survey-review/potholing necessary by others) d) Original landscape plans (to be provided by CPS)

2. Prepare integrated/comprehensive Site Plan (existing) with city provided site topo/survey information of FS #3
Item 1N - Page 8
••• ••• rn

C O N T R A C T A M E N D M E N T

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

Page 2 of 3 ends

3. Structural Engineer opinion of existing building conditions based on Building Official input. Building spot openings necessary to access framing for virtual evaluation by others.

B. DIGITAL PRELIMINARY DOCUMENTATION

1. Digitize site and building plans based on existing documentation and Field measurements with wall/ceiling spot cut-outs for staff to provide and IDC to record information

2. CADIFY drawings in Computer-Aided Drawing Program as base plans for Yield Study and Conceptual Design development

3. The nature of these digital documents is to prepare background information to facilitate the development of the conceptual site and building plans to scale of 1” = 10’ and 1/8” scale respectively.

C. SCHEMATIC DESIGN

1. Development of Schematic Building Massing design with new Addition

2. Development of Opinion Report for Existing Building Structure Upgrade

3. Preliminary project schedule and construction cost estimate

4. Meeting with CPS Public Works to review progress and conceptual design – up to 4 meetings

5. Conference Meetings with City Staff (Planning, Building, Engineering and Parks and Recreation Department) – up to 2 meetings

II. PROJECT ESTIMATED SCHEDULE for FIRE STATION 3 – Task Order 5.R2 A. Discovery/Research of Existing Conditions – 6 weeks B. Digital Preliminary Documentation – 4 weeks
C. Conceptual Design – 8 weeks

III. CONSULTANTS NOT INCLUDED for FIRE STATION 3 – Task Order 5.R2 A. Environmental Consultant for Exterior Abatement Survey and Reports, Abatement monitoring and verification and other Materials and Hazardous materials testing B. Low voltage/IT consultant
C. Structural retrofit and structural seismic system updates as essential building D. Civil Engineering, Utility Coordination, Wet and Dry Utility Performance with Capacity Evaluation, and Site and Building Handicap Accessibility Evaluation E. Surveying and Topographical Maps
F. Engineering and Design Consultant Services for Structural, Electrical, Mechanical, Plumbing, Energy systems, Photovoltaic system, and Fire Protection, unless otherwise mentioned.

G. Interior Design with FF & E
H. Design Rendering Modeling and Animation
I. Landscape Design Services
Item 1N - Page 9
••• ••• rn

C O N T R A C T A M E N D M E N T

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

Page 3 of 3 ends

J. Legal Services

IV. CLIENT’S RESPONSIBILITIES
A. Provide Record Drawings of existing facility including past improvements.

B. Responding to the Architect’s questions and requests for approval within reasonable time and providing reasonable access to the Project site.

C. Compensating the Architect pursuant to the terms and conditions of this Agreement.

D. Authorization from Client to proceed to next Task and/or payment of invoices signifies approval of work completed and obligates Client to the appropriate fees.

E. Client shall provide (wet and dry) utility connection locations, maintenance and building performance logs. Client to coordinate with agencies and provide utility information.

F. Client to coordinate all communication and schedule meetings with City Fire Committee staff, chief, and City Departments and/or Directors including Historical Site Preservation Board.

V. COMPENSATION FOR SERVICES per Task Order 5 Revision #2 – A. Services A, B, & C shall be limited to the services described in Paragraph II:
compensation of Fifty Eight Thousand Dollars ($58,000). Reimbursable expenses: One Thousand Five Hundred Dollars ($1,500).

Total compensation under this Amendment shall not exceed Fifty Nine Thousand Five Hundred Dollars ($59,500) unless authorized in writing by Client. Billing terms of conditions will be per original Agreement.

If this contract amendment meets with your approval, please return with CPS Task Order form in
reference to this contract amendment.

AG
REED AND ACCEPTED:

January 21, 2024
Maria Song, President
Interactive Design Corporation

Date

David McAbee, Director
City of Palm Springs – Public Works
Date

Item 1N - Page 10
••• ••• rn
'"'""nccu Ml"IU '"''-'-Cr

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 27, 2025 CONSENT CALENDAR

SUBJECT: AUTHORIZE THE PURCHASE OF FOUR (4) NEW VEHICLES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will authorize the issuance of a purchase order for the purchase of four (4) new vehicles in an amount not to exceed $499,458.29. Funding for this action is available from the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purchase of vehicles and equipment.

RECOMMENDATION:

1. Approve the issuance of a purchase order to Fiesta Ford, for the purchase of one new Ford F-350 animal control truck , two new Ford F -450 flatbed dump trucks, and one new Ford F-650 dump body truck in an amount not to exceed $499,458.29 inclusive of a 10% contingency;

2. After delivery of the new vehicles, declare existing vehicles being replaced as surplus, and waive the equipment requirements of 7.07.020 (5) of the Municipal Code and approve the surplus equipment to go straight to auction;

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 ( Attachment B ), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments to this report. However, in the past economic recession, the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have Item 1O - Page 1
City Council Staff Report
February 27, 2025 -- Page 2
Authorization to Purchase Vehicles

higher mileage and worn conditions and require replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

Approval of the Fiscal Year 2023- 24 and Fiscal Year 2024- 25 budget s included the purchase for one additional animal control truck for the Police Department, one additional F-650 dump body truck for the Street Maintenance division, and two replacement F-450 flatbed dump trucks for the Downtown Maintenance division within Public Works.

STAFF ANALYSIS:

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

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

Costs listed below are on a per-vehicle basis
Vendor/Vehicle Flat Bed Dump
Truck
Dump Body
Truck
Animal Control
Truck
Fiesta Ford $99,687.30 $132,755.09 $121,923.30
National Auto Fleet Group $102,031.26 $171,937.06 $134,781.48 Utility Crane and Equipment $115,434.46 $149,640.36
Fritts Ford $185,837.00
Palm Springs Motors $132,502.14

The requested action includes the purchase of one new Ford F-350 Animal Control Truck, two new Ford F-450 Flat Bed Dump Trucks, and one new F-650 Dump Body Truck. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

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

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City Council Staff Report
February 27, 2025 -- Page 3
Authorization to Purchase Vehicles

Public Works:

Public Works has 2 existing vehicles that are 23 and 13 years old and require replacement.

Existing Unit # Year Make/Model Mileage
704 2002 Ford F-550 Dump Truck 105,107
706 2012 Ford F-350 Dump Truck 122,676

These vehicles are being replaced with the vehicles shown below:

Replacement Make/Model Unit Cost*
Ford F-450 Flat Bed Dump Truck 2 x $99,687.30 $199,374.60 Contingency $19,937.46
Total Estimated Cost $219,312.06
*Vehicle Year, Make and Model may change due to availability.

Fleet Additions:

Purchase 2 new vehicles for positions not yet assigned a vehicle.

Assigned To Make/Model Quantity Cost*
Public Works Ford F-650 Dump
Body Truck 1 x $132,755.09 $132,755.09
Police Department Ford F-350 Animal
Control Truck 1 x $121,923.30 $121,923.30
Subtotal $254,678.39
Contingency $25,467.84
Total Estimated Cost $280,146.23
*Vehicle Year, Make, and Model may change due to availability.

ENVIRONMENTAL ASSESSMENT:

Item 1O - Page 3
City Council Staff Report
February 27, 2025 -- Page 4
Authorization to Purchase Vehicles

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funding is budgeted and available in Fleet Account 5106560-60020.

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Acting Procurement and Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Resolution No. 18834

Item 1O - Page 4

ATTACHMENT A

Item 1O - Page 5
Item 1O - Page 6

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
Fi _; r;, .-f 14-- ;:::;~ -_L-r,e,
Address of Entity (Principle Place of Business)
7 g-590 V /H /V"('.-;2__ hep ~,J} d ~ C,4
Local or California Address (if different than #2)
,
State where Entity is Registered with Secretary of State t
Cfa_L-,\(' (!) IL,,_ ' J19
9 .:i;;oc
If other than California, is the Entitv also reqistered in California? n Yes n No Type of Entity ~poration D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity P11--vl
<
rih~ 'Th , ..t2 I D Officer ~irector D Member D Manager [name] D General Partner D Limited Partner
Other
....-,-----
I j2Q V CJL _TO~ /\/ ~ t ~
[name]
D Officer ~ Director D Member D Manager
D General Partner D Limited Partner
Other
0 -<:?a.R k. 'Jot-i/11 (Al ~ I D Officer [j@irector D Member D Manager (Revised 09 13 18)
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1O - Page 7

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] (percentage of beneficial interest in entity and name of entity]
A. ~
pA-J)_ '25"cif...rV 'th. -5<.., (
so ?o
~-£) 6 cf 4- f:o/ ~ ~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B. p/br...Q r- (,< t7i , ..e£) g~ ~CJ
,F-; ...0£.~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING 15 TRUE AND CORRECT.

Signature of Disclosing Party , Printed Name, Title Date ;f_ <fJ:2.--- 5- -.J 4 -2-s
(Revised 09 13 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Palm Springs City CouncilFebruary 27, 2025

Palm Springs City Council
February 27, 2025