Palm Springs City Council
March 27, 2025

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA

MARCH 27, 2025

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

4:00 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

March 27, 2025 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PALM SPRINGS NAVIGATION CENTER UPDATE

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of March 7 and March 12, 2025.

B. ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE APPEALS March 27, 2025 City Council Regular Meeting Agenda 3
B. ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE APPEALS

BOARD AND APPOINTMENT TO THE AIRPORT COMMISSION
RECOMMENDATION:

Accept the resignation of Steven Hermann from the Administrative Appeals Board.

1. Reappoint Denise Delgado, from the City of Coachella to the Airport Commission effective immediately for a term expiring on December 31, 2025.

2. C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2025
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 28, 2025.

D. APPROVE PLACEMENT OF THE ARTWORK POPSICLES BY ARTIST JOHN

CERNY IN SUNRISE PARK BY THE NORTHERN WALL OF THE LEISURE CENTER, LOCATED AT 480 SOUTH SUNRISE WAY
RECOMMENDATION:

Approve placement of the Popsicles artwork by Artist John Cerny in Sunrise Park in front of the northern wall of the Leisure Center, located at 480 South Sunrise Way.

1. Authorize the City Manager to execute all necessary documents to facilitate the placement of the Popsicles artwork outside the northern wall of the Pavillion.

2. E. APPROVE CONTRACT SERVICES AGREEMENTS NO. 25B043 AND 25B044 WITH MOORE FENCE COMPANY, INC. AND 25B045 AND 25B046 WITH QUALITY FENCE CO. INC. FOR ON-CALL FENCE REPAIR AND

INSTALLATION SERVICES
RECOMMENDATION:

Approve Contract Services Agreement 25B043 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Public Works department in an amount not to exceed $420,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

1. Approve Contract Services Agreement 25B044 with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $300,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 25B045 with Quality Fence Co., Inc. to provide on-call fence repair and installation services for the Public Works department in an amount not to exceed $280,000 for the initial three-year

3. March 27, 2025 City Council Regular Meeting Agenda 4 term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and
Approve Contract Services Agreement 25B046 with Quality Fence Co., Inc. to provide on-call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $200,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one-year extension options at the City’s sole discretion; and

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

5. F. APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4, LATITUDE 61, TRACT #38776
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION

TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4, LATITUDE 61, TRACT #38776.”

1. Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and the filing of written protest by any property owner regarding the annexation of territory to CFD 2007-1, the levy of a special tax for public safety services, and a special landowner election.

2. G. APPROVE A RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION

TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846.”

1. Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2005-1, the levy of a special tax for public safety services, and a special landowner election.

2. H. APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS March 27, 2025 City Council Regular Meeting Agenda 5
H. APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 28, SERENA PARK, TRACT MAP NUMBERS 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION

TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 28, TRACT MAP NUMBERS
39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691.”

1. Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2005-1, the levy of a special tax for public safety services, and a special landowner election.

2. I. ACCEPTANCE OF OUTDOOR EXERCISE EQUIPMENT INSTALLATION AND

SURFACING IMPROVEMENTS AT DESERT HIGHLAND PARK
RECOMMENDATION:

Accept the public works improvement identified as Desert Highland Park Surfacing Improvements, as completed in accordance with the Construction Contract; 24C253.

1. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Desert Highland Park Surfacing Improvements project.

2. Accept the public works improvement identified as Desert Highland Park Exercise Equipment Purchase and Installation, as completed in accordance with the Construction Contract; 24I283.

3. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Desert Highland Park Exercise Equipment Purchase and Installation.

4. J. ACCEPTANCE OF PLAYGROUND EQUIPMENT INSTALLATION AT BARISTO PARK
RECOMMENDATION:

Accept the public works improvement identified as Baristo Park Replacement Playground Equipment, as completed in accordance with the Construction Contract; 24C111.

1. Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion for purchase of playground structures and installation for Baristo Park.

2. March 27, 2025 City Council Regular Meeting Agenda 6 K. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC., A

CALIFORNIA CORPORATION, FOR ON-CALL ASSESSMENT ENGINEERING

SERVICES
RECOMMENDATION:

Approve Professional Services Agreement with NV5, Inc., a California corporation, to provide “on-call” Assessment Engineering services for an initial one (1) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $600,000; and

1. Authorize the City Manager or designee to execute the Agreement and execute all task orders that fall under the Agreement value.

2. L. ACCEPTANCE OF STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15 RECOMMENDATION:

Accept the public works improvement identified as Storm Drain Line 20, Stage 3, City Project 19-15 (“Project”), as completed in accordance with the plans and specifications; and

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Storm Drain Line 20, Stage 3, City Project No. 19-15.

2. M. ACCEPTANCE OF THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28
RECOMMENDATION:

Accept the public works improvement identified as Recreation Fields LED Lighting Upgrades, City Project 19-28 (“Project”), as completed in accordance with the plans and specifications; and

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Recreation Fields LED Lighting Upgrades, City Project 19-28.

2. N. A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNIT 321;

AND ONE UNIT WITHIN THE COUNTRY CLUB ESTATES HISTORIC DISTRICT (HD-9) AT 1983 SOUTH CAMINO REAL

RECOMMENDATION:

March 27, 2025 City Council Regular Meeting Agenda 7
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
1111 E. Palm Canyon, Unit 321 (Ocotillo Lodge), APN: 511-035-066 A. 1983 S. Camino Real (Country Club Estates), APN: 511-150-009 B.

1. Authorize the City Manager to execute the Agreements.2.

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

O. APPROVE NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT WITH

GOLDEN VOICE, LLC FOR TERMINAL BUILDING SPACE AT THE PALM

SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Non-Exclusive Operating and Lease Agreement with Golden Voice, LLC, consisting of a one-month term, from April 1, 2025, to April 30, 2025, generating a monthly space rent of $6,430.27 and commercial service fee of 20% of gross merchandise sales.

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

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY WILLIAM GRIMM AND DAVID BRINKMAN FOR HISTORIC SITE DESIGNATION OF “THE DR. HARRY AND BETTY GARBER RESIDENCE” LOCATED AT 2455 SOUTHRIDGE DRIVE (APN 510-260-024), CASE HSPB #162 (SY)
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Close the Public Hearing and adopt Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE DR. HARRY AND BETTY GARBER RESIDENCE
LOCATED AT1633 VIA ROBERTO MIGUEL, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #162, SUBJECT TO CONDITIONS (APN 510-260-024).”

2. 3. BUSINESS & LEGISLATIVE

A. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT March 27, 2025 City Council Regular Meeting Agenda 8
A. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT NO. A9173 WITH ARCHITECTUAL RESOURCES GROUP INC., IN THE AMOUNT OF $270,761 FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES AND COURTYARD DESIGN, APPROVE TASK ORDER NO. 1 UNDER ON-CALL AGREEMENT NO. A8566 WITH DUDEK, INC., IN AN AMOUNT OF $397,500 FOR ADDITIONAL CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES, AND APPROVE ADDITIONAL CONTINGENCY IN THE AMOUNT OF $2,170,000 FOR PLAZA THEATRE REHABILITATION, CITY PROJECT 18-04
RECOMMENDATION:

Authorize the City Manager to approve Amendment No.4 for additional construction administration services and courtyard design, which is nearly $109,000, with Architectural Resources Group Inc., in an amount of $270,761;

1. Authorize the City Manager to approve a task order for additional project management and inspection services from on-call engineering service firm, Dudek, Inc., in an amount of $397,500;

2. Delegate authority to the City Manager or designee to approve and execute additional amendments and construction contract change orders up to a total amount of $2,170,000 with all amendments and change orders reported to the City Council;

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

4. B. PALM SPRINGS CONVENTION CENTER INITIATIVES SUMMARY AND

OVERVIEW

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

March 27, 2025 City Council Regular Meeting Agenda 9

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on March 21, 2025, and posted on the City’s website as required by established policies and procedures.

Brenda Pree, MMC, CERA
City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

March 27, 2025 City Council Regular Meeting Agenda 10
City of Palm Springs DRAFT Page 1

Friday, March 7, 2025
Minutes of the Closed Session Meeting of the City Council of the City of Palm Springs

1. CALL TO ORDER:

A Closed Session Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Friday, March 7, 2025, at 9:10 a.m.

2. ROLL CALL:

Present: Councilmembers David Ready, Grace Elena Garner, and Jeffrey Bernstein; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Cindy Cairns, Special Assistant to the City Manager; and Brenda Pree, City Clerk, were present at Roll Call.

3. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: None.

4. RECESS TO CLOSED SESSION: The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda (Item No. 5):

5. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS , Pursuant to Government Code Section 54957:

Consideration of goals and objectives in relation to work plan evaluation criteria . (Title: City Manager)

6. REPORT OF CLOSED SESSION: No reportable action.

7. ADJOURNMENT:

The City Council adjourned the Closed Session meeting of Friday, March 7, 2025, at 3:10 p.m.

Respectfully submitted,

___________________________
Brenda Pree, MMC, CERA
City Clerk

DRAFT MINS. PRESENTED TO THE CITY COUNCIL ON 3/27/2025 Item 1A - Page 1
City of Palm Springs DRAFT MINUTES Page 1
Wednesday, March 12, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Wednesday, March 12, 2025 , at 5:30 p.m.

PLEDGE OF ALLEGIANCE:

Councilmember Garner led the Pledge of Allegiance , in recognition of Women’s History Month and International Women's Day (celebrated on the 8th of March, annually).

ROLL CALL:

Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready ; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.

Absent: None.

City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Kyle Stjerne, Lieutenant; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS :

A. PALM SPRINGS ANIMAL SHELTER
Palm Springs Animal Shelter’s Executive Director Dan Rossi provided a presentation.

PROCLAMATIONS:

Mayor deHarte announced the issuance of the following proclamations:
• The month of March 2025 was recognized for the following:
o Blood Disorders Awareness Month; and,
o American Red Cross Month.
• March 4, 2025, was proclaimed as Robert C. Allan Day. • March 10, 2025, was proclaimed as Jane Fonda Action Day.

Item 1A - Page 2
City Council Minutes March 12, 2025

City of Palm Springs DRAFT MINUTES Page 2
ACCEPTANCE OF THE AGENDA:

MOTION BY MOTION BY COUNCILMEMBER GARNER , SECO ND BY COUNCILMEMBER READY, CARRIED 5-0, to accept the agenda, with Councilmember Bernstein noting an abstention from Consent Calendar Item No. 1C.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of March 12, 2025 , was called to order by Mayor deHarte at 3:30 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action (with Councilmember Bernstein and Mayor Pro Tem Soto recusing from the Closed Session Agenda Item entitled “ Conference with Real Property Negotiator ” – party Grit Development, LLC).

CONFERENCE WITH LEGAL COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Under existing facts and circumstances, there was one (1) matter.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8 (With Recusal from Councilmember Bernstein and Mayor Pro Tem Soto):

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
124 S. Palm Canyon Drive. Palm Springs, CA 92262
(APN: 513-144-011)
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney
Grit Development, LLC
Price and Terms

CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to Government Code Section 54957.6:

City Negotiators:

Employee organization:

Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)

PUBLIC TESTIMONY:

Michael Joseph Pitkin provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to approve the Consent Calendar with Councilmember Bernstein abstaining from Item No. 1C.

Item 1A - Page 3
City Council Minutes March 12, 2025

City of Palm Springs DRAFT MINUTES Page 3
A. APPROVAL OF MINUTES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to approve the City Council Meeting Minutes of February 27, 2025.

B. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P055 WITH

CLIFTONLARSONALLEN LLP FOR PROFESSIONAL AUDITING SERVICES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 25P055 with CliftonLarsonAllen LLP to provide professional auditing services for an initial three -year term in an amount not to exceed $393,627 beginning March 13, 2025, through March 12, 2028, with two one-year extension options at the City’s sole discretion; and

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

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 4-0-1 (W ITH COUNCILMEMBER BERNSTEIN ABS TAINING), to adopt Resolution No. 25283, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 02 -01-25 TOTALING $2,710,467.25 AND ACCOUNTS PAYABLE WARRANTS DATED 01-16-25 TOTALING $6,215,245.30, IN THE AGGREGATE AMOUNT OF $8,925,712.55 DRAWN ON BANK OF AMERICA."

D. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B038 WITH INDUSTRIAL WASTE UTILIZATION, INC. FOR ON-CALL HAZARDOUS WASTE DISPOSAL

SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 25B038 with Industrial Waste Utilization, Inc. to provide on-call hazardous waste disposal services for the Palm Springs International Airport in an amount not to exceed $600,000 for the initial three-year term beginning March 17, 2025, through March 16, 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.

E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 25B056 AND 24B058 WITH R&R B INC DBA SERVPRO OF PALM SPRINGS AND 25B057 AND 25B059 WITH DESERT VALLEY RESTORATION, INC. FOR ON -CALL GENERAL EMERGENCY

RESTORATION AND REMEDIATION SERVICES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Contract Services Agreement 25B056 with R&R B Inc DBA Servpro of Palm Springs to provide on -call general emergency restoration and remediation services for the Item 1A - Page 4
City Council Minutes March 12, 2025

City of Palm Springs DRAFT MINUTES Page 4
Public Works department in an amount not to exceed $600,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;

2. Approve Contract Services Agreement 25B057 with Desert Valley Restoration, Inc. to provide on-call general emergency restoration and remediation services for the Public Works department in an amount not to exceed $400,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;

3. Approve Contract Services Agreement 25B058 with R&R B Inc DBA Servpro of Palm Springs to provide on-call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to exceed

4. $200,000 for the initial three-year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;

5. Approve Contract Services Agreement 25B059 with Desert Valley Restoration, Inc. to provide on -call general emergency restoration and remediation services for the Parks & Recreation department in an amount not to exceed $135,000 for the initial three -year term beginning March 17, 2025, through March 16, 2028, with two one-year extension options at the City’s sole discretion;

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

F. APPROVE COOPERATIVE PURCHASE AGREEMENT NO 25C048 WITH UNITED RENTALS (NORTH AMERICA), INC. FOR EQUIPMENT RENTAL SERVICES

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Cooperative Purchase agreement 25C048 with United Rentals (North America) Inc., for equipment rental services in an amount not to exceed $375,000 for an initial three- year term beginning March 13, 2025, and continuing through March 12, 2028, with two one- year extension options by mutual written agreement;

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

G. APPROVE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF $80,000

FOR BEAUTIFUL SHADE PROJECTS BY ARTIST ROGER REUTIMANN IN THE AMOUNT OF $50,000 FOR THE PARKSIDE GOSSIP PROJECT, AND ARTISTS ADDIE BOSWELL AND MATT CARTWRIGHT IN THE AMOUNT OF $30,000 FOR

THE DRAGONFLY BENCH PROJECT

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve expenditure of Public Art Funds in the amount of $50,000 for the Parkside Gossip Beautiful Shade project by Artist Roger Reutimann.

2. Approve expenditure of Public Art Funds in the amount of $30,000 for the Dragonfly Bench Beautiful Shade project by Artists Addie Boswell and Matt Cartwright.

3. Authorize the City Manager to execute all necessary agreements to implement the Artscape in the Parks Project.

Item 1A - Page 5
City Council Minutes March 12, 2025

City of Palm Springs DRAFT MINUTES Page 5
H. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B067 WITH EMERGING COMPOUNDS TREATMENT TECHNOLOGIES, INC. FOR PFAS CLEANING

SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Contract Services Agreement 25B067 with Emerging Compounds Treatment Technologies, Inc. to provide PFAS cleaning services for Palm Springs International Airport in an amount not to exceed $403,600 for the two -year term beginning March 13, 2025, through March 12, 2027.

2. Appropriate $403,600 from the Airport Fund 415 to Airport account 4157035-40105.

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

I. APPROVE COOPERATIVE PURCHASE AGREEMENT 25C071 WITH PRESIDIO

FOR DISASTER RECOVERY PROTECTION

MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to:

1. Approve Cooperative Purchase Agreement 25C071 with Presidio Networked Solutions Group, LLC, for pre-paid disaster recovery protection for an amount of $467,805, for an initial five-year term beginning March 13, 2025, through March 12, 2030; and

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

EXCLUDED CONSENT CALENDAR: None.

2. PUBLIC HEARINGS:

A. CONDUCT A PUBLIC HEARING TO DISCUSS COMMUNITY DEVELOPMENT BLOCK GRANT 2025 -2029 FIVE -YEAR CONSOLIDATED PLAN, THE 2025 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND THE 2025-2026

ANNUAL ACTION PLAN

MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM SOTO , CARRIED 5-0, to:

1. Open the Public Hearing and receive public testimony.

2. Review and discuss the following:

A. Goals for the 2025-2029 Consolidated Plan
B. Recommend Actions to Address Impediments to Fair Housing Choice C. Annual Action Plan Budget for the 2025-2026 Program Year

3. Provide staff with recommendations for the 2025 -2029 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2025-2026 Annual Action Plan

4. Schedule a Public Hearing for April 23, 2025, to approve and adopt the 2025 -2029 Consolidated Plan, Analysis of Impediments to Fair Housing, and 2025-2026 Annual Action Plan

3. BUSINESS & LEGISLATIVE:

Item 1A - Page 6
City Council Minutes March 12, 2025

City of Palm Springs DRAFT MINUTES Page 6
A. REQUEST FOR CITY COUNCIL APPOINTEE TO THE ERICA JPA

MOTION BY MAYOR PRO TEM SOTO , SECOND BY COUNCILMEMBER
GARNER, CARRIED 5 -0, to appoint Councilmember Bernstein as the ERICA JPA appointee and update the Roster of City Council Subcommittees, Appointees, Liaisons, and Representatives to External Organizations.

PUBLIC COMMENT:

Michael Joseph Pitkin and Abraham Andrew Golt provided non-agenda oral testimony.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned the regular meeting of Wednesday, March 12 , 2025, at 6:53 p.m., in honor of the late Ricky Wright, former Principal of Palm Springs High School.

Respectfully submitted,

_________________________
Brenda Pree, MMC, CERA
City Clerk

DRAFT MINUTES PRESENTED TO CITY COUNCIL: 3/27/2025
Item 1A - Page 7

CITY COUNCIL STAFF REPORT

DATE: March 27, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF A RESIGNATION FROM THE ADMINISTRATIVE

APPEALS BOARD AND APPOINTMENT TO THE AIRPORT COMMISSION

FROM: Scott C. Stiles, City Manager

BY: Office of the City Clerk

RECOMMENDATION:

1. Accept the resignation of Steven Hermann from the Administrative Appeals Board.

2. Reappoint Denise Delgado, from the City of Coachella to the Airport Commission effective immediately for a term expiring on December 31, 2025.

BACKGROUND:

The City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. With this action, there are two (2 ) vacanc ies within the Administrative Appeals Board (of which one is an alternate position), one (1) vacancy on the Human Rights Commission, one (1) vacancy on the Library Board, and one (1) vacancy on the Sustainability Commission. The annual recruitment is open through April 30, 2025.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Brenda Pree
City Manager: Scott Stiles

ATTACHMENTS:

A. Email Resignation from Steven Hermann
B. Appointment letter from City of Coachella

Item 1B - Page 1

ATTACHMENT A

Item 1B - Page 2

Item 1B - Page 3
Administrative Appeals Board March meeting 1
Steve H ermann
••••• To ., Cassandra Edney Tue 3/ 11
You for,,varded this message on 3/ 12/2025 9 :01 AM.

HeiRo Caissie
Please be it'lllforimed thattlhle Ma rc h 2025 Adm inistratirve Appeals Boa rid Meet ing wi ll be my Ra st meeting as a Boa rd Member uinfo rtu­ nat ely. I recenUy got ma rriied and my husb .and Uves h.lllll ti me in LA so I w m be Lirvit'lllg w ith him full time now.

Thank you
Steve Hle rmai nn ~ RN
Get O utlo o 1k for iOS

ATTACHMENT B

Item 1B - Page 4
March 19, 2025
Delivered via email to: Cassandra.Edney@palmspringsca.
gov
Cassandra Edney
Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: City of Coachella’s Representative on the Palm Springs International Airport Commission
Dear Ms. Edney:

This letter is a formal notice of action by the City Council of the City of Coachella on February 26, 2025.

The City Council approved the appointment of Councilmember Denise Delgado to serve on the Palm Springs International Airport Commission as the member representing the City of Coachella for a term ending December 2025. Her contact information is as follows:

Denise Delgado [email protected] (442) 307-4513
If you have any questions, please feel free to reach out to the City Clerk at [email protected] or (760) 398-3502, extension 102.

Regards,
_____________________
Angela Zepeda
City Clerk
Item 1B - Page 5

CITY OF COACHELLA
53-990 ENTERPRISE WAY, COACHELLA, CALIFORNIA 92236
PHONE (760) 398-3502 • WWW.COACHELLA.ORG
An Affirmative Action/Equal Opportunity Employer

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 28, 2025

FROM: Scott C. Stiles, City Manager

BY: Procurement and Contracting Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of February 1 through February 28, 2025.

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority . Palm Springs Municipal Code §7.01 .04(8) requires a monthly report be submitted to the City Manager.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.

REVIEWED BY:

Acting Procurement and Contracting Manager: Tabitha Richards City Manager: Scott Stiles

ATTACHMENTS:

A. City Manager or designee authorized agreements for February 2025 B. Purchase orders for February 2025
Item 1C - Page 1
==========__J __ ====f====--­

ATTACHMENT A

Item 1C - Page 2

STAFF AUTHORIZED AGREEMENTS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
AVIATION DEPARTMENT 25N068 REVENUE AGREEMENT - 690.23 PER MONTH LEASE OF

TWO PARKING SPACES AT AIRPORT
GATE GOURMET, INC. $0.00
25F033 FAÇADE IMPROVEMENT GRANT AGREEMENT THE HEYDAY $3,352.59 25F034 COMMERCIAL SECURITY CAMERA SYSTEM

INSTALLATION GRANT AGREEMENT-THE HEYDAY

PALM SPRINGS
THE HEYDAY $500.00
25I069 FINANCIAL ANALYST SERVICE FOR PALM SPRINGS

CULTURAL CENTER
POLLEN, LLC $10,000.00

ENGINEERING - PUBLIC
WORKS
25N054 TEMPORARY CONSTRUCTION EASEMENT DESERT WATER AGENCY $3,900.00 25I036 TRAINING, INSPECTION AND CERTIFICATION FOR
UNDERGROUND STORAGE TANK AT PSPD.

WESTERN PUMP, INC. $17,470.50
25I042 BASIC ELECTRICITY TRAINING FOR FACILITIES STAFF AMERICAN TRAINCO LLC DBA TPC

TRAINING
$9,995.00
25I047 WINDOW REPLACEMENT AND TINTING SERVICES PALM SPRING AUTO GLASS N TINT $10,000.00 25I061 PARTS, SERVICES AND REPAIRS FOR PRESSURE

WASHERS
ALL AMERICAN CLEANING $10,000.00
25I063 AUTOMOTIVE LIFT REPAIR, PARTS AND SERVICES MAKAI SOLUTIONS $10,000.00 25I035 ARFF LIVE FIRE TRAINING (FAA 139) 139 Fire, LLC $68,985.00 25N070 EMS OBSERVATION AGREEMENT FOR STUDENTS IN

EMT/ADVANCED EMT - PARAMEDIC PROGRAMS

RIVERSIDE COMMUNITY COLLEGE -

MORENO VALLEY COLLEGE
$0.00

HOUSING &

COMMUNITY

DEVELOPMENT
25N062 RIGHT OF ENTRY FOR RECON ENVIROMENTAL TO
CONDUCT THEIR ASSESSMENT OF 10580 GENE AUTRY
ROAD

RECON ENVIRONMENTAL (RIGHT OF
ENTRY)
$0.00
POLICE DEPARTMENT 25S037 UPGRADE SPAN PORTS TO ENABLE LOGGING & RECORDING THROUGH 911 SYSTEM
AT & T $20,092.59

SPECIAL PROGRAMS

COMPLIANCE
25I049 SHREDDING, RECYCLING, AND SECURE DESTRUCTION

SERVICES
DESERT ARC SHREDDING AND RECYCLING $1,878.00
SUSTAINABILITY 25I060 CONSULTANT FOR SUPPORT ON ENERGY LEGISLATIVE

SERVICES TO CITY
PS ENERGY CONSULTING $10,000.00

ECONOMIC

DEVELOPMENT

FACILITIES

MAINTENANCE

FIRE DEPARTMENT
PAGE 1 OF 1
Item 1C - Page 3

ATTACHMENT B

Item 1C - Page 4

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL A/CITY MANAGER ADMIN 25001271 BLOCK A" ELEVATOR MAINT SERVICES 1/1/25 - 12/31/25
DTPS A-14, LLC $6,149.38
25001165 CISCO SMARTNET FOR ROUTER AMS.NET INC $838.00 25001166 25I008 UPS MAINTENANCE AGREEMENT ON COMPUTER SERVICES LLC $10,916.00 25001178 24B204 FIRESTATION 4 RACK INSTALLATION DATASTREAM TECHNOLOGY CONSULTING $4,317.56 25001189 GIS OFFICE DISPLAY CDW GOVERNMENT INC $664.33 25001190 GIS OFFICE WHITEBOARD CDW GOVERNMENT INC $384.03 25001200 APPLE ACCESSORIES FOR CC MEMBER CDW GOVERNMENT INC $268.11 25001202 BLANK ID BADGES FOR EMPLOYEES EASYBADGES LLC $1,761.11 25001211 MACBOOK FOR FD CDW GOVERNMENT INC $3,391.47
25001220 24B204 POWER DROP AT DEMUTH DATASTREAM TECHNOLOGY CONSULTING $4,522.49 25001223 CC CHAMBERS LOBBY DISPLAY CDW GOVERNMENT INC $794.79 25001238 PRINTER FOR FLEET CDW GOVERNMENT INC $345.46
25001239 EMPLOYEE ACCESS ID CARDS FOR PD EASYBADGES LLC $880.55 25001266 24B204 MDF BLOCK CLEAN-UP DATASTREAM TECHNOLOGY CONSULTING $2,080.00 25001267 24B204 PSP BHS ROOM CABLE RUN DATASTREAM TECHNOLOGY CONSULTING $4,350.57 25001273 WD HARD DRIVES FOR PSCTV CDW GOVERNMENT INC $184.26 25001281 24B203 PD FIBER INSTALLATION VETERANS COMMUNICATION SERVICES INC
$62,067.95
25001287 N1C JUMPER FOR EOC IN A BOX AMS.NET INC $27.19 25001311 ENTRUST SIGNATURE DEVICE FOR PSP B & H PHOTO $507.63 25001321 PURPLE PATCH CORDS FOR GENETEC NETWORK

PROJECT
MONOPRICE INC $470.58
25001322 24B204 CONVENTION CENTER DRONE DATA DROP DATASTREAM TECHNOLOGY CONSULTING $4,159.62 25001323 24B204 CH SERVER ROOM RACK INSTALLATION DATASTREAM TECHNOLOGY CONSULTING $1,186.20 25001324 24B204 CH SERVER ROOM NEW SUBPANEL DATASTREAM TECHNOLOGY CONSULTING $2,559.75 25001325 24B204 CH SERVER ROOM BREAKER AND PDU CONDUIT DATASTREAM TECHNOLOGY CONSULTING $4,660.11 25001171 24I408 SHREDDING, RECYCLING, SECURE DESTRUCTION DESERT ARC $3,078.00 25001196 25I025 ASL INTERPRETING SERVICES CASL INTERPRETING $7,500.00

CITY CLERK

INFO TECHNOLOGY
PAGE 1 OF 6
Item 1C - Page 5

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
25001199 OFFICE OF THE CITY CLERK- OFFICE FURNITURE ODP BUSINESS SOLUTIONS $16,593.73 SUSTAINABILITY 25001164 24I414 PORTABLE RESTROOM FOR SHREDDING EVENT DIAMOND ENVIRONMENTAL SERVICES LP $170.00 24001862 24S123 SECTION 14 HISTORICAL CONTEXT STUDY ARCHITECTURAL RESOURCES GROUP $74,990.00 25001274 2025 VE NDOR FAIR TABLE CLOTHS DESERT PROMOTIONAL EMBROIDERY LLC $2,593.69 25001168 25I009 PPA - ARTSCAPE IN THE PARK - ROVER JEFF ZISCHKE $50,000.00 25001194 25I017 ARTSCAPE IN THE PARK - SPEGODY JACK HOWARD-POTTER $50,000.00 25001225 25I026 ARTSCAPE IN THE PARK - GATEWAY PARK ART IN METAL USA LLC $50,000.00

PARKS MAINTENANCE
(DoMF)
25001278 CABIN DOOR FOR DESERT HIGHLAND PARK

PLAYGROUND

MIRACLE RECREATION EQUIPMENT

COMPANY INC
$877.97
25001167 ROBOTIC POOL CLEANER SC P DISTRIBUTORS LLC $1,840.97 25001191 24P258 SECURITY FOR BLACK HISTORY PARADE INTERCON SECURITY SYSTEMS INC $3,009.16 25001192 24P258 SECURITY FOR TOUR DE PALM SPRINGS INTERCON SECURITY SYSTEMS INC $3,363.55 25001193 23I075 DJ SERVICES FOR SPECIAL EVENTS LUIS AZARCOYA $425.00 25001206 24I397 STORAGE UNITS RENTAL WILLIAMS SCOTSMAN INC $3,000.00 25001207 25X001 BARRICADE RENTAL FOR FILM FESTIVAL GALA MERIDIAN RAPID DEFENSE GROUP

RENTALS LLC
$17,748.75
25001240 24I280 GENERATOR RENTAL FOR VILLAGEFEST HALLOWEEN BRUDVIK INC $1,256.00 25001241 24I280 GENERATOR RENTAL; VILLAGEFEST HOILDAY PROG BRUDVIK INC $484.00 25001242 24I280 GENERATOR RENTAL, MAYOR'S HOLIDAY ENTERTAI BRUDVIK INC $2,789.00 25001275 24B223 PORTABLE BATHROOMS FOR ONEPS PICNIC DIAMOND ENVIRONMENTAL SERVICES LP $349.22 25001288 T-SHIRTS FOR WORLD ART FESTIVAL B C PRINT AND CO $2,367.99 25001289 A8309 VILLAGEFEST BOARD MEETING SAVOURYS GOOD EARTH CUISINE $713.07 25001290 MOVIE LICENSING FOR RECREATION S WANK MOTION PICTURES $4,980.00 LIBRARY 25001295 LIBRARY OFFICE CHAIRS FOR WMML ODP BUSINESS SOLUTIONS $2,367.97 25001221 25S037 SPAN PORT UPGRADE AT&T MOBILITY LLC $20,092.59 25001272 RANGE MATERIALS A CTION TARGETS INC $1,486.74
25001292 23P385 COMPLETION OF YEAR ONE - ORT PROGRAM EVALCORP $46,637.50 25001116 YOUTH CADET PPE S OCAL PPE LLC $546.25
25001201 K970 ROTARY SAW FOR ARFF K C'S LAWNMOWER SHOP LLC $2,578.27 25001237 EMS JACKETS FOR NEW HIRES RICOCHET MANUFACTURING COMPANY $5,320.48 25001276 BURN PAN & WATER FIRE EXTINGUISHER A LL HANDS FIRE EQUIPMENT LLC $5,793.51

FIRE DEPARTMENT

POLICE DEPARTMENT

RECREATION

DEPARTMENT

PROCUREMENT &

CONTRACTING

COMMUNITY

DEVELOPMENT
PAGE 2 OF 6
Item 1C - Page 6

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
25001291 24S294 CONSULTING SERVICES FOR CALOES CFAA ABBE MEYER $3,750.00 25001296 PPE SCBA FACE PIECES & VOICE AMPLIFIERS ALLSTAR FIRE EQUIPMENT INC $8,610.43 25001251 HON NUCLEUS RECHARGED TASK CHAIR ODP BUSINESS SOLUTIONS $370.47 25001252 24P381 NORTH VIA MONTE VISTA ROW VACATION ENGINEERING RESOURCES OF SOUTHERN $5,500.00 25001254 A8876 CP 22-19, ARCHITECTURAL SERVICES INTERACTIVE DESIGN CORP $20,000.00 25001195 PSP WRONG WAY SIGNS AND LIGHTS NEXTECH SYSTEMS INC $6,165.73 25001204 25X012 PSP TOOL: STAKEHOLDER ALIGNMENT & SUPPORT AIRPORTS COUNCIL INTERNATIONAL $11,700.00 25001208 A8374 PSP DIESEL FUEL DRAIN & STORE ALPHA PETROLEUM TRANSPORT INC $2,306.00 25001219 23P202 PSP IFE RUNWAY 13R-31L RECONSTRUCTION

ANALYSIS
ACCENTURE LLP $5,720.00
25001224 24B249 PSP PARTS FOR BHS ROBSON HANDLING TECHNOLOGY $10,512.76 25001245 23B206 PSP TERMINAL CIRCUIT EXTENSIONS AT ACC M BREY ELECTRIC INC $60,384.00 25001246 24B272 PSP EMERGENCY REPAIR SEWER DRAIN BACKUP KINCAID INDUSTRIES INC $6,620.97 25001280 24B272 PSP WATER QUALITY TESTING KINCAID INDUSTRIES INC $18,505.68 25001303 A9065 PSP TROUBLESHOOT AND REPAIR PANIC BAR VALLEY LOCK AND SAFE $285.00 25001304 23Q388 PSP REVIEW OF BHS DESIGN R S AND H CALIFORNIA INC $36,880.00 25001305 23S110 PSP INSPECTION OF AUTOMATIC FIRE DOORS WON-DOOR CORPORATION $577.00 25001312 A9071 PSP WOMENS RESTROOM PLUMBING KINCAID INDUSTRIES INC $2,731.91 25001319 A9183 PSP FIRE ALARM MONITORING & MAINTENANCE JOHNSON CONTROLS US HOLDINGS LLC $7,683.33 25001163 A8470 ANIMAL SHELTER BOILER INTEGRATION ENGIE SERVICES U.S. INC. $6,627.00 25001172 A9069 REPLACE DEFICIENT DUCTWORK IN PALM CANYON

THEATRE
ALLISON MECHANICAL INC $10,612.28
25001173 23P201 ESTIMATING SERVICES FOR POOL AND POOL DECK WORK
MARRS SERVICES INC $9,724.00
25001174 A9232 JANITORIAL SERVICES FOR DESERT HIGHLAND UNITY CENT
VERDE FACILITIES SERVICES LLC $762.17
25001177 A9068 SUBSTATION ELECTRICAL PREP RADIO ANTENNA M BREY ELECTRIC INC $10,323.00 25001185 A9145 REPLACING CARPET AT THE PSPD OFFICE MOHAWK COMMERCIAL INC $24,752.71 25001186 A9145 PSPD CARPET REPLACEMENT BRIEFING ROOM MOHAWK COMMERCIAL INC $8,901.42 25001188 A9145 PSPD NARCOTICS CARPET REPLACEMENT MOHAWK COMMERCIAL INC $61,248.34 25001198 23B206 PALM CANYON ELECTRICAL PEDESTAL PHOTOCELLS M BREY ELECTRIC INC $10,632.00 25001203 EZH2O BOTTLE FILLING STATION FOR CITY OF PS
LIBRAR
HAJOCA CORPORATION $1,627.58
25001205 A9068 PROJECT TO LIGHT UP CADILLACUCTUS STATUE M BREY ELECTRIC INC $1,404.00

FACILITIES MAINTENANCE

ENGINEERING - PUBLIC
WORKS

AVIATION DEPARTMENT

PAGE 3 OF 6
Item 1C - Page 7

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
25001229 A8470 PS MAIN LIBRARY CONTROLS SERVICE CALL ENGIE SERVICES U.S. INC. $5,000.00 25001230 23B046 CITY WIDE ANNUAL FIRE/SPRINKLER

INSPECTION/TESTING
DESERT FIRE EXTINGUISHER CO INC $6,520.00
25001231 23B046 CITY WIDE ANNUAL FIRE/SPRINKLER

INSPECTION/TESTING
DESERT FIRE EXTINGUISHER CO INC $6,339.00
25001232 A9069 OPEN, INSPECT AND PIPE FOR CARRIER

COMPRESSOR/LC
ALLISON MECHANICAL INC $9,549.33
25001235 24B292 GATE SERVICE CALL FOR PD PRECISION GARAGE DOORS AND GATES INC
$983.60
25001243 A9232 DHUC BASKETBALL COURT SERVICES 02/10/25- 02/14/25
VERDE FACILITIES SERVICES LLC $762.17
25001248 23C360 MIRROR ASSY FOR UNIT 036 PER AGREEMENT 23C360 FIESTA FORD INC $358.08 25001250 23C360 ALIGNMENT FOR UNIT #414 FIESTA FORD INC $159.95 25001255 A9068 RADAR MOUNTING SYSTEM M BREY ELECTRIC INC $4,617.00 25001260 A9040 TIRES FOR INVENTORY/STOCK & TIRE SERVICE UNIT 6101
DANIELS TIRE SERVICE INC $882.57
25001263 24B292 SLIDE GATE INSTALLED AT 2901 E ALEJO RD PRECISION GARAGE DOORS AND GATES INC
$12,150.00
25001264 24B289 PALM SPRINGS CITY HALL INTERIOR PARTIAL

PAINTING
VIVID ACCENT PAINTING CO $29,660.00
25001277 PURCHASE OF THREE (3) OFFICE CHAIRS ODP BUSINESS SOLUTIONS $1,419.16 25001282 A9232 CUSTODIAL FOR DESERT HIGHLAND BASKETBALL COURT
VERDE FACILITIES SERVICES LLC $762.17
25001283 24B223 SERVICE 300 GL TANK AT CITY YARD DIAMOND ENVIRONMENTAL SERVICES LP $225.00 25001284 24B292 SERVICE CALL AND PARTS FOR PD GATE PRECISION GARAGE DOORS AND GATES INC
$1,607.60
25001293 23C394 INVENTORY/STOCK FOR FLEET DESERT AREA CORPORATION $198.10 25001302 24B022 PRE-RENOVATION HAZARDOUS MATERIALS SURVEY TERRACON CONSULTANTS INC $5,125.00 25001313 A9232 CLEANING SERVICES FOR DHUC COURT 2/24-2/28/25 VERDE FACILITIES SERVICES LLC $762.17 25000923 24I392 HEAVY EQUIPMENT PARTS AND REPAIR SERVICES R D OFFUTT COMPANY $10,000.00 25001169 23C360 PARTS FOR UNIT #604 FIESTA FORD INC $1,907.41 25001170 A9230 PARTS FOR UNIT # 255 GERGIS YOUSEF $3,768.26 25001175 A9230 REPAIR SERVICE WORK FOR UNIT 002 GERGIS YOUSEF $516.02

FLEET OPERATIONS

PAGE 4 OF 6
Item 1C - Page 8

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
25001176 A8374 SAMPLING, TESTING OF ABOVE GROUND DIESEL FUEL TANK
ALPHA PETROLEUM TRANSPORT INC $4,250.00
25001179 23C360 BRAKE LINING KIT & ROTOR ASSEMBLY FIESTA FORD INC $791.91 25001180 A9040 TIRE 385/65R225 FOR STOCK DANIELS TIRE SERVICE INC $879.53 25001181 A9040 TIRES FOR INVENTORY DANIELS TIRE SERVICE INC $2,006.31 25001182 A9040 TIRES AND MOUNTING SERVICE DANIELS TIRE SERVICE INC $2,317.59 25001183 23C394 PARTS FOR FLEET INVENTORY DESERT AREA CORPORATION $965.83 25001184 23C394 15 LED LIGHTS FOR INVENTORY DESERT AREA CORPORATION $2,261.93 25001187 A9040 2 QUANTITY 8 X 14.5 TRAILER TI DANIELS TIRE SERVICE INC $228.84 25001197 24I384 BOOM TRUCK INSPECTION AND REPAIR SERVICES ALTEC INC $9,972.77 25001209 A9230 SERVICE WORK ON UNIT 255 GERGIS YOUSEF $258.63 25001210 A9230 UNIT 255 - GROUP BATTERY AND OIL CHANGE GERGIS YOUSEF $1,042.83 25001212 A9230 FULL-SERVICE WORK ON UNIT 019 GERGIS YOUSEF $6,908.92 25001213 23C360 INVENTORY AND STOCK SUPPLIES FIESTA FORD INC $1,228.42 25001214 23C360 INVENTORY AND STOCK SUPPLIES FIESTA FORD INC $1,228.42 25001215 23C394 PURCHASE OF PB BLASTER PENETRANT DESERT AREA CORPORATION $22.27 25001216 23C394 STOCK AND SUPPLIES FIRE STATION #4 AND #5 DESERT AREA CORPORATION $778.80 25001217 23C394 BELT TENSIONERS FOR UNIT #253 DESERT AREA CORPORATION $385.82 25001218 23C360 DOOR/BODY MOULDING FOR UNIT #319 FIESTA FORD INC $144.79 25001222 A9040 FOUR LT275/70R18 TIRES DANIELS TIRE SERVICE INC $888.21 25001226 23C360 INSTRUMENT CLUSTER FIESTA FORD INC $267.26 25001227 23C394 FLEET SUPPLIES - BATTERIES, DESERT AREA CORPORATION $229.96 25001228 A9265-B TROUBLESHOOT CHECK ENGINE LIGHT T-2 SVT FLEET LLC $985.01 25001234 24B235 PAINT NEW PD CAR CAT CITY AUTO BODY INC $1,457.64 25001236 A9040 PURCHASE OF TIRES FOR INVENTORY/STOCK AND UNIT 804
DANIELS TIRE SERVICE INC $719.18
25001244 23C394 PURCHASE OF PARTS AND SUPPLIES FOR

INVENTORY/STOCK
DESERT AREA CORPORATION $580.90
25001253 24I396 CLASS A DRIVER TRAINING FOR 2 EMPLOYEES SOUTHERN PACIFIC ENTERPRISE

SOLUTIONS
$9,120.00
25001257 24B236 UNIT 193 2024 DODGE DURANGO BLACK & WHITE

PAINTING
MARVINS AUTO PAINT INC $1,702.11
25001258 23C394 MINI BULBS, THREAD SEALANT, DESERT AREA CORPORATION $128.09 25001259 23C360 WINDOW REGULATOR FOR UNITE #240 FIESTA FORD INC $149.78 25001261 A9230 REPAIR WORK ORDER FOR UNIT #413 GERGIS YOUSEF $5,503.11 25001262 24B236 UNIT 192 2024 DODGE DURANGO BLACK & WHITE

PAINTING
MARVINS AUTO PAINT INC $1,702.11

PAGE 5 OF 6
Item 1C - Page 9

PURCHASE ORDERS
FEBRUARY 1, 2025 - FEBRUARY 28, 2025
25001269 A9265-B VEHICLE REPAIR FOR UNIT 701 SVT FLEET LLC $2,413.87 25001270 A9265-B SERVICE FOR PIERCE UNIT T-2 SVT FLEET LLC $985.01 25001279 A9296 TOWING SERVICES FOR UNIT 218 PLAZA TOWING INC $990.00 25001285 23C360 TONNEAU COVER FOR UNIT 929 FIESTA FORD INC $1,173.63 25001294 PIERCE POWER MODULE FOR FIRETRUCK FIRETRUCKS UNLIMITED LLC $3,700.30 25001297 24I182 PARTS AND LABOR FOR UNIT#203 REPAIRS 10-8 RETROFIT INC $12,107.87 25001298 23C360 REAR SHOCKS, FRONT BRAKE PAD/ROTORS, UNIT #083
FIESTA FORD INC $489.24
25001299 23C394 PURCHASE OF ITEMS FOR INVENTORY / STOCK DESERT AREA CORPORATION $1,134.52 25001300 23C360 PURCHASE FOR OIL/AIR FILTERS FIESTA FORD INC $239.63 25001301 A9296 TOWING SERVICES FOR UNIT 151 PLAZA TOWING INC $2,500.00 25001306 A9040 TIRES FOR INVENTORY/STOCK 225/70R195 DANIELS TIRE SERVICE INC $286.89 25001307 A9040 PURCHASE OF TIRES FOR UNITS 607, 368, 297 DANIELS TIRE SERVICE INC $2,512.86 25001308 A9040 PURCHASE OF TIRES FOR UNIT 247 DANIELS TIRE SERVICE INC $1,201.32 25001309 A9040 TIRES ST23580R16 QTY 4 DANIELS TIRE SERVICE INC $537.17 25001310 PADDLE HANDLE FOR PIERCE FIRETRUCK FIRETRUCKS UNLIMITED LLC $406.86 25001314 24B236 2012 FORD FUSION HYBRID MARVINS AUTO PAINT INC $949.76 25001315 24B236 2007 FORD F-550 SUPER DUTY MARVINS AUTO PAINT INC $935.13 25001317 HYDRAULIC CYLINDER FOR PIERCE FIRETRUCK FIRETRUCKS UNLIMITED LLC $1,816.54 25001318 A9230 WINDSHIELD REPLACEMENT FOR 2017 POLICE

INTERCEPTOR
GERGIS YOUSEF $495.00
25001320 3-PIERCE FIRETRUCK PNEUMATIC AIR CYLINDERS FIRETRUCKS UNLIMITED LLC $2,410.77 25001326 23C394 AUTOMOTIVE PARTS AND SUPPLIES FOR

INVENTORY/STOCK
DESERT AREA CORPORATION $40,000.00
25001249 24C172 DUMP TRUCK AND TRAILER FOR CLASS A CDL PER 1638235
SUNBELT RENTALS INC $7,560.34
25001268 24B021 CITYWIDE STRIPING PER PROPOSAL 47010. SUPERIOR PAVEMENT MARKINGS INC $51,110.00 25001316 24B021 REMOVE EXISTING RPMS CITYWIDE PER CHANGE ORDER #1
SUPERIOR PAVEMENT MARKINGS INC $16,989.28
*Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

STREETS MAINTENANCE

PAGE 6 OF 6
Item 1C - Page 10

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE PLACEMENT OF THE ARTWORK POPSICLES BY ARTIST

JOHN CERNY IN SUNRISE PARK BY THE NORTHERN WALL OF THE
LEISURE CENTER, LOCATED AT 480 SOUTH SUNRISE WAY

FROM: Scott C. Stiles, City Manager

BY: Housing & Community Development Department

SUMMARY:

This is a request to approve placement of the Popsicles artwork (Artwork) by Artist John Cerny in Sunrise Park by the n orthern wall of the Leisure Center , located at 480 South Sunrise Way.

RECOMMENDATION:

1) Approve placement of the Popsicles artwork by Artist John Cerny in Sunrise Park in front of the northern wall of the Leisure Center , located at 480 South Sunrise Way.

2) Authorize the City Mana ger to execute all necessary documents to facilitate the placement of the Popsicles artwork outside the northern wall of the Pavillion.

BACKGROUND:

On February 17, 2021, the Public Arts Commission approved borrowing the Artwork for display at 605 E. Sunny Dunes Road as part of the Community Art Responds to Economic Shutdown (CARES) program.

On September 7, 2022, the Public Arts Commission voted to approve recommending the purchase of the Artwork to the City Council in the amount of $14,000.

On September 21, 2022, the Public Arts Commission voted to have the Artwork remain at current location at 605 E. Sunny Dunes Road until November 2023.

On November 10, 2022, the City Council approved the purchase of Popsicles artwork by John Cerny.

Item 1D - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
Popsicles Artwork Placement

At the Public Arts Commission meeting of May 3, 2023, the Commission voted unanimously to approve having Impossible Lawn Chair , Popsicles, and Pin Wheel recommended for placement on Block G of the Downtown Development Project. This was approved by City Council at its May 25, 2023 meeting.

The Artwork, shown below, has been in storage since November 2023.

STAFF ANALYSIS:

On May 25, 2023, the City Council had previously approved placing the Artwork , along with Pinwheel and Lawn Chair, in Lot G by the Downtown Parking Garage. However, an engineering study was commissioned to determine the structural soundness of this location (Lot G) for supporting additional structures such as Popsicles , Pinwheel, and Lawn Chair. The engineering study revealed that the proposed location on Lot G would exceed the load capacity at that location. The original use of this location was for retail space with a live load of 95 pounds per square foot; the proposed re-use would convert it to a public use which requires sufficient structure to support over 100 pounds per square foot of live load. The combination of the existing decomposed granite ground cover and Item 1D - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Popsicles Artwork Placement

the artwork would exceed the allowable load for this location and could lead to structural failure.

Because of these conditions, the Public Arts Commission sought a new location for the Artwork and selected the north wall of the Leisure Center as the recommended site. The new site is depicted in the images below.

New Recommended Location for Popsicles
North Wall of Leisure Center

Item 1D - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
Popsicles Artwork Placement

At this time, the Public Arts Commission is requesting the City Council approve placing the Artwork in front of the northern wall of the Leisure Center , l ocated at 480 South Sunrise Way.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. I n accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Funds for this action in the amount of $2,000 have previously been approved. There is no impact to the City’s General Fund.

REVIEWED BY:

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

Item 1D - Page 4

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICE S AGREEMENTS NO. 2 5B043 AND 25B044 WITH MOORE FENCE COMPANY, INC. AND 2 5B045 AND
25B046 WITH QUALITY FENCE CO. INC. FOR ON-CALL FENCE REPAIR

AND INSTALLATION SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works
Nicholas S. Gonzalez, Director of Parks & Recreation

SUMMARY:

This action will approve four Contract Services Agreements: No. 25B043 in an amount not to exceed $420,000 and Agreement No. 25B044 in an amount not to exceed $300,000 with Moore Fence Company, Inc.; and Agreement No. 25B045 in an amount not to exceed $280,000 and Agreement No. 25B046 in an amount not to exceed $200,000 with Quality Fence Co. Inc. for on-call fence repair and installation services for the Public Works and Parks & Recreation departments.

RECOMMENDATION:

1) Approve Contract Services Agreement 25B043 (Attachment A) with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Public Works department in an amount not to exceed $420,000 for the initial three- year term beginning March 31, 2025, through March 30, 2028, with two one -year extension options at the City’s sole discretion; and

2) Approve Contract Services Agreement 25B044 (Attachment B) with Moore Fence Company, Inc. to provide on-call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $300,000 for the initial three- year term beginning March 31, 2025, through March 30, 2028, with two one -year extension options at the City’s sole discretion; and

3) Approve Contract Services Agreement 25B045 ( Attachment C) with Quality Fence Co., Inc. to provide on-call fence repair and installation services for the Public Works department in an amount not to exceed $280,000 for the initial three- year term beginning March 31, 2025, through March 30, 2028, with two one- year extension options at the City’s sole discretion; and
Item 1E - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
Award On-Call Fence Repair & Installation Services Contracts

4) Approve Contract Services Agreement 25B046 ( Attachment D) with Quality Fence Co., Inc. to provide on-call fence repair and installation services for the Parks & Recreation department in an amount not to exceed $200,000 for the initial three-year term beginning March 31, 2025, through March 30, 2028, with two one- year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form s (Attachments E & F ) submitted on January 30, 2025, Moore Fence Company, Inc. is registered in the state of Nevada and Quality Fence Co. Inc. is registered in the state of California.

BACKGROUND:

The City of Palm Springs requires the services of contractors to provide on- call fence repair and installation services at various City of Palm Springs building sites and City parks for the Public Works and Parks & Recreation departments. Due to the extent of services needed, staff have opted to resolicit bids prior to the conclusion of the current contract, as all available funds will be expended prior to the expiration date.

Due to the success of the initial contract, awarded in 2023 , staff have pursued and are recommending approval of four contract services agreements to address both planned and emergency fence repair and installation projects. The four contracts will consist of a primary and secondary contract for the Public Works department and a primary and secondary contract for the Parks and Recreation department.

STAFF ANALYSIS:

The contracts with Moore Fence Company, Inc. and Quality Fence Co. Inc. are on-call, as-needed type contract s. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-39) was initiated by the City’s Procurement and Contracting Department o n December 23 , 2024, 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. Two bids were received by the January 30, 2025, deadline as follows:

Vendor Bid
Moore Fence Company, Inc. – Perris, CA $535,460.00
Quality Fence Co., Inc. – Paramount, CA $948,101.00
Item 1E - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Award On-Call Fence Repair & Installation Services Contracts

The departments’ intent for this solicitation was to award four contracts to the two lowest, responsive, responsible bidders. Moore Fence Company, Inc. will be the primary contract holder and Quality Fence Co., Inc. will be the secondary. The department will reach out to the primary contract holder first and if they are unable to perform the work, the department will reach out to the secondary contract holder.

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

Staff recommends approval of Contract Services Agreement No. 25B043 in the amount not to exceed $420,000 and Contract Services Agreement No. 25B044 in the amount not to exceed $ 300,000 with Moore Fence Company for the initial three- year term as the primary for the Public Works and Parks & Recreation department s, effective March 31, 2025, through March 30, 2028, subject to two one- year optional renewals at the sole discretion of the City; and Contract Services Agreement No. 25B045 in the amount not to exceed $280,000 and Contract Services Agreement No. 25B046 in the amount not to exceed $200 ,000 with Quality Fence Co., Inc. for the initial three- year term as the secondary for the Public Works and Parks & Recreation departments, effective March 31, 2025, through March 30, 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 2024-25 Facilities Maintenance account 5206570-40105 and Recreation account 1004500- 50105 and will be budgeted in subsequent fiscal years.

Item 1E - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
Award On-Call Fence Repair & Installation Services Contracts

REVIEWED BY:

Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Director of Parks & Recreation: Nicholas S. Gonzalez
Acting Procurement & Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Contract Services Agreement No. 25B043
B. Contract Services Agreement No. 25B044
C. Contract Services Agreement No. 25B045
D. Contract Services Agreement No. 25B046
E. Public Integrity Disclosure – Moore Fence Company, Inc.

F. Public Integrity Disclosure – Quality Fence Co., Inc.

Item 1E - Page 4

ATTACHMENT A

Item 1E - Page 5

Revised 2.9.22 Page 1 of 21

CONTRACT SERVICES AGREEMENT 25B043

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES FOR

PUBLIC WORKS

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 31, 2025, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and Moore Fence Company, Inc., a Nevada 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 contractor to provide the City with on-call fence repair and installation services for Public Works Department, (“Project”).

B. Contractor has submitted to City a proposal to provide on- call fence repair and installation services for Public Works Department, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Contractor warrants that 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.

Item 1E - Page 6

Revised 2.9.22 Page 2 of 21

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $420,000.00

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 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.

Item 1E - Page 7

Revised 2.9.22 Page 3 of 21

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 governme ntal 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 performin g the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on March 31, 2025, ending on March 30, 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 additional one-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 . W here 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.

Item 1E - Page 8

Revised 2.9.22 Page 4 of 21

5. COORDINATION OF WORK

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

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

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

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemploym ent 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 Item 1E - Page 9

Revised 2.9.22 Page 5 of 21

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:

Scott Moore President

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 S ervices 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.

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, l osses, 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 Item 1E - Page 10

Revised 2.9.22 Page 6 of 21

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 C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

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

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

Item 1E - Page 11

Revised 2.9.22 Page 7 of 21

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

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and docu ments 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. T he 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 Item 1E - Page 12

Revised 2.9.22 Page 8 of 21

any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall 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 Item 1E - Page 13

Revised 2.9.22 Page 9 of 21

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: Moore Fence Company, Inc.

Attention: Scott Moore
280 E. 1st Street
Perris, CA 92570

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

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

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

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

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

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

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

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

Item 1E - Page 14

Revised 2.9.22 Page 10 of 21

12 Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attac hed 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 1E - Page 15

Revised 2.9.22 Page 11 of 21

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOORE FENCE COMPANY, 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 Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________ Item No. __________ Agreement 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 1E - Page 16

Revised 2.9.22 Page 12 of 21

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 17

Revised 2.9.22 Page 13 of 21

1.1 Scope:

A. The Contractor shall furnish labor, materials, and equipment to perform fence repair and installation services (work) on an as -requested basis at city facilities included in this solicitation . The scope of work shall include, but is not limited to repair, maintenance, installation, rental, reset, remove and replace (new or temporary) fencing when requested by the City. When replacing fencing, unless otherwise specified by the City, the Contractor shall replace the existing fence with a fence made of new materials placed in the same location. This shall include project estimation and budgeting of work.

B. Response Time:

1. The Contractor shall respond to emergency calls for service or repair within 24 hours. Emergency responses to include weekends, after-hours, and holidays.

2. The Contractor shall respond to department within 48 hours from request for work.

3. Requests for proposals shall be provided within 14 days of the initial request.

4. The Contractor shall have sufficient resources to respond to multiple requests for work simultaneously, dispatching crews to each project which may have overlapping timelines.

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

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

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

E. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a sever-day period after written notice, the City may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 agreement.
c. 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.

F. Compliance Regulations and Permits: The 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.

G. Equipment and Supplies: The Contractor shall 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 a type that is approved by the industry and shall be operated in Item 1E - Page 18

Revised 2.9.22 Page 14 of 21

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. The Contractor must not store equipment and/or supplies on any City property.

H. General Safety Requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

I. 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.

J. Security:

1. The Contractor is responsible for ensuring all entries/exists 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.

K. Disposal and Salvage of Waste Material: The 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. The City encourages the Contractor to salvage material in an environmentally friendly manner if possible.

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

L. 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. The Contractor shall abide by City’s requirements for visiting City buildings, including wearing required face coverings.

2. The Contractor’s vehicles must display company logo and name.

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

Item 1E - Page 19

Revised 2.9.22 Page 15 of 21

1.2 Special Security Requirement – For Palm Springs Police Department:

Any personnel of the Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to services at this facility. The CHRC(s) will be provided at no charge to the Contractor. The 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.

1.3 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile, and worker’s compensation, in limits acceptable to the City.

1.4 Pricing

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

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

3. 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:

The Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractors 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. The Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. The 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, v erifying 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].

Revised 2.9.22 Page 16 of 21

Item 1E - Page 21

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - PARKS & RECREATION

AND PUBLIC WORKS
Responding to this IFB for on-call fence repair and installation services for the Palm Springs International Airport, 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 addi1ional charges, fees, etc. that are not a lready included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 Laborer Regular Billing Rale HR (7:00AM - 5:00PMl 2,000 148. 75 297 , 5 00.00 2 Labore r Overtime Billing Rate HR (5:00PM - 7 :00AMl 150 174 .64 26 196.00 3 Tem=rarv Monthlv Fence Rental MO 36 49 . 00 l 764 .00 Parts and Materials (Enter your %
mark-up for parts & materials)
4 Example for 10% enter 1.10; for %
20% enter 1.20; for 25% enter
200,000 l.05 210 ,000.0 0

1.25)
TOTAL (Enter this amount In Pla 11etBlds) 535 , 460 .00 •Note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Firrn Narne: MOORE FENCE COMPANY INC.

DIR Number: 10000 0507 5
Printed Name: SCOTT MOORE
Title: PRESIDENT
Date: 0 l /29/25

Revised 2.9.22 Page 17 of 21

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 1E - Page 22

Revised 2.9.22 Page 18 of 21

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. Certi ficates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor ’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees , agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1E - Page 23

Revised 2.9.22 Page 19 of 21

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1E - Page 24

Revised 2.9.22 Page 20 of 21

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. C ertificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

Item 1E - Page 25

Revised 2.9.22 Page 21 of 21

Item 1E - Page 26

ATTACH M ENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-39 )

ON -CALL FENCE REPAIR AND INSTALLATION SERVICES - PARKS & RECREATION AND PUBL.IC WORKS
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022 , directs all agencies and departme nts that are subject to the Governor 's authori ty to (a) terminate any contracts with a ny individuals or entities that are determine d to be a target of economic sanctions aga inst Russia and Russian entitiies and individua ls; and (b) refrain from entering into any new con tracts with such individuals or entities while the aforementioned sanct ions are in effect.

Execut ive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through gr ant funds provided by the State of California ; and/or (2) subm its a b id o r proposal or otherwise proposes to o r 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 econom ic sanctions against Russia and Russian entities and individuals .

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russ ian and Russian entities and individuals as discussed in Execu tive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certificat ion is made under the laws of :i:::~
8 of Californ~ . ~
& v
Printed Name: scoTT MOORE
Title: PRESID ENT
Finn Name: MOORE FENCE COMPANY INC.

Date: 01/29/25

ATTACHMENT B

Item 1E - Page 27

Revised 2.9.22 Page 1 of 21

CONTRACT SERVICES AGREEMENT 25B044

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES FOR

PARKS AND RECREATION

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 31, 2025, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and Moore Fence Company, Inc., a Nevada 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 contractor to provide the City with on- call fence repair and installation services for P arks and Recreation Department, (“Project”).

B. Contractor has submitted to City a proposal to provide on- call fence repair and installation services for P arks and Recreation Department, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Contractor warrants that 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 Item 1E - Page 28

Revised 2.9.22 Page 2 of 21

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
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 $300,000.00

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 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.

Item 1E - Page 29

Revised 2.9.22 Page 3 of 21

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 governme ntal 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 performin g the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on March 31, 2025, ending on March 30, 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 additional one-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 . W here 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 Item 1E - Page 30

Revised 2.9.22 Page 4 of 21

to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

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

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

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

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

Item 1E - Page 31

Revised 2.9.22 Page 5 of 21

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:

Scott Moore President

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 S ervices 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.

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, l osses, costs, Item 1E - Page 32

Revised 2.9.22 Page 6 of 21

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 miscond uct 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 C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

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

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

Item 1E - Page 33

Revised 2.9.22 Page 7 of 21

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

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and docu ments 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. T he 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 Item 1E - Page 34

Revised 2.9.22 Page 8 of 21

any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall 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 Item 1E - Page 35

Revised 2.9.22 Page 9 of 21

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: Moore Fence Company, Inc.

Attention: Scott Moore
280 E. 1st Street
Perris, CA 92570

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

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

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

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

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

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

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

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

Item 1E - Page 36

Revised 2.9.22 Page 10 of 21

12 Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attach ed 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 1E - Page 37

Revised 2.9.22 Page 11 of 21

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MOORE FENCE COMPANY, 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 Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________ Item No. __________ Agreement 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 1E - Page 38

Revised 2.9.22 Page 12 of 21

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 39

Revised 2.9.22 Page 13 of 21

1.1 Scope:

A. The Contractor shall furnish labor, materials, and equipment to perform fence repair and installation services (work) on an as -requested basis at city facilities included in this solicitation . The scope of work shall include, but is not limited to repair, maintenance, installation, rental, reset, remove and replace (new or temporary) fencing when requested by the City. When replacing fencing, unless otherwise specified by the City, the Contractor shall replace the existing fence with a fence made of new materials placed in the same location. This shall include project estimation and budgeting of work.

B. Response Time:

1. The Contractor shall respond to emergency calls for service or repair within 24 hours. Emergency responses to include weekends, after-hours, and holidays.

2. The Contractor shall respond to department within 48 hours from request for work.

3. Requests for proposals shall be provided within 14 days of the initial request.

4. The Contractor shall have sufficient resources to respond to multiple requests for work simultaneously, dispatching crews to each project which may have overlapping timelines.

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

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

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

E. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a sever-day period after written notice, the City may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 agreement.
c. 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.

F. Compliance Regulations and Permits: The 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.

G. Equipment and Supplies: The Contractor shall 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 a type that is approved by the industry and shall be operated in Item 1E - Page 40

Revised 2.9.22 Page 14 of 21

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. The Contractor must not store equipment and/or supplies on any City property.

H. General Safety Requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

I. 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.

J. Security:

1. The Contractor is responsible for ensuring all entries/exists 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.

K. Disposal and Salvage of Waste Material: The 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. The City encourages the Contractor to salvage material in an environmentally friendly manner if possible.

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

L. 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. The Contractor shall abide by City’s requirements for visiting City buildings, including wearing required face coverings.

2. The Contractor’s vehicles must display company logo and name.

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

Item 1E - Page 41

Revised 2.9.22 Page 15 of 21

1.2 Special Security Requirement – For Palm Springs Police Department:

Any personnel of the Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to services at this facility. The CHRC(s) will be provided at no charge to the Contractor. The 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.

1.3 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile, and worker’s compensation, in limits acceptable to the City.

1.4 Pricing

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

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

3. 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:

The Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractors 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. The Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. The 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, v erifying 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].

Revised 2.9.22 Page 16 of 21

Item 1E - Page 43

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - PARKS & RECREATION

AND PUBLIC WORKS
Responding to this IFB for on-call fence repair and installation services for the Palm Springs International Airport, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder prq:,oses and agrees to furnish all labor, equipment. materials, supervision, and service necessary to complete said Work in aocordance with the Specifications of the City of Palm Springs and will aocept as full paymen t therefore, the following unit cost amounts. The City of Palm Springs will not aocept any addi1ional charges, fees, etc. that are not already included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 Laborer Regular Billing Rate HR (7:00AM - 5:00PMl 2,000 148. 75 297,500.00 2 Laborer Overtime Billing Rate HR (5:00PM - 7:00AMl 150 174.64 26 196.00 3 Tem=rarv Monthlv Fence Rental MO 36 49 .00 l.764.00
Parts and Materials (Enter your %
mark-up for parts & materials)
4 Example for 10% enter 1.10; for %
20% enter 1.20; for 25% enter
200,000 l. . 05 210,000 .0 0

1.25)
TOTAL (Enter this amount In PlanetBlds) 535,460 .00
•Note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Firm Name: MOORE FENCE COMPANY INC.

DIR Number : 1000005075
Printed Name: SCOTT MOORE
Title: PRESIDENT
Date: Ol/29/25

Revised 2.9.22 Page 17 of 21

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 1E - Page 44

Revised 2.9.22 Page 18 of 21

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. Certi ficates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor ’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees , agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1E - Page 45

Revised 2.9.22 Page 19 of 21

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1E - Page 46

Revised 2.9.22 Page 20 of 21

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.

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 1E - Page 47

Revised 2.9.22 Page 21 of 21

Item 1E - Page 48

ATTACH M ENT F
EXECUTIVE ORDER N~-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENC E REPAIR AND INSTALLATION SERVICES - PARKS & RECREATION

AND PUBLIC WORKS
E<erutive Order N-6-22 issued by Goverror 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 entlies 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 v.ith the City of Palm Springs funded through gr ant 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 C ity ot Palm Springs with State or Cal ifo111ict y1tml (u11ds, ceftify that the person is not the target of any economic sanctions against Russia and Russian enttties and individuals.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certificat ion is made under the laws of :i:::~eof Californra. ~
&v
Printed Name: scoTT HQORE
litle : PRESI DENT
Firm Name: MOORE FENCE COMPANY INC.

Date: 01/29/25

ATTACHMENT C

Item 1E - Page 49

Revised 2.9.22 Page 1 of 21

CONTRACT SERVICES AGREEMENT 25B045

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES FOR

PUBLIC WORKS

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 31, 2025, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and Quality F ence Co., I nc., 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 contractor to provide the City with on-call fence repair and installation services for Public Works Department, (“Project”).

B. Contractor has submitted to City a proposal to provide on- call fence repair and installation services for Public Works Department, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Contractor warrants that 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.

Item 1E - Page 50

Revised 2.9.22 Page 2 of 21

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $280,000.00

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 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.

Item 1E - Page 51

Revised 2.9.22 Page 3 of 21

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 governme ntal 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 performin g the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on March 31, 2025, ending on March 30, 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 additional one-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 . W here 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.

Item 1E - Page 52

Revised 2.9.22 Page 4 of 21

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

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

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

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

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item 1E - Page 53

Revised 2.9.22 Page 5 of 21

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:

William Cavanaugh President

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 S ervices 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.

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, l osses, 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 Item 1E - Page 54

Revised 2.9.22 Page 6 of 21

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 C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

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

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

Item 1E - Page 55

Revised 2.9.22 Page 7 of 21

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code 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. T he 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 Item 1E - Page 56

Revised 2.9.22 Page 8 of 21

any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall 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 i s 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 Item 1E - Page 57

Revised 2.9.22 Page 9 of 21

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: Quality Fence Co., Inc.

Attention: William Cavanaugh
14929 Garfield Ave.

Paramount, CA 90723

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

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

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

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

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

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

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

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

Item 1E - Page 58

Revised 2.9.22 Page 10 of 21

12 Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attach ed 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 1E - Page 59

Revised 2.9.22 Page 11 of 21

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND QUALITY FENCE CO., 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 Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________ Item No. __________ Agreement 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 1E - Page 60

Revised 2.9.22 Page 12 of 21

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 61

Revised 2.9.22 Page 13 of 21

1.1 Scope:

A. The Contractor shall furnish labor, materials, and equipment to perform fence repair and installation services (work) on an as -requested basis at city facilities included in this solicitation . The scope of work shall include, but is not limited to repair, maintenance, installation, rental, reset, remove and replace (new or temporary) fencing when requested by the City. When replacing fencing, unless otherwise specified by the City, the Contractor shall replace the existing fence with a fence made of new materials placed in the same location. This shall include project estimation and budgeting of work.

B. Response Time:

1. The Contractor shall respond to emergency calls for service or repair within 24 hours. Emergency responses to include weekends, after-hours, and holidays.

2. The Contractor shall respond to department within 48 hours from request for work.

3. Requests for proposals shall be provided within 14 days of the initial request.

4. The Contractor shall have sufficient resources to respond to multiple requests for work simultaneously, dispatching crews to each project which may have overlapping timelines.

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

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

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

E. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a sever-day period after written notice, the City may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 agreement.
c. 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.

F. Compliance Regulations and Permits: The 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.

G. Equipment and Supplies: The Contractor shall 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 a type that is approved by the industry and shall be operated in Item 1E - Page 62

Revised 2.9.22 Page 14 of 21

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. The Contractor must not store equipment and/or supplies on any City property.

H. General Safety Requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

I. 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.

J. Security:

1. The Contractor is responsible for ensuring all entries/exists 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.

K. Disposal and Salvage of Waste Material: The 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. The City encourages the Contractor to salvage material in an environmentally friendly manner if possible.

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

L. 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. The Contractor shall abide by City’s requirements for visiting City buildings, including wearing required face coverings.

2. The Contractor’s vehicles must display company logo and name.

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

Item 1E - Page 63

Revised 2.9.22 Page 15 of 21

1.2 Special Security Requirement – For Palm Springs Police Department:

Any personnel of the Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to services at this facility. The CHRC(s) will be provided at no charge to the Contractor. The 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.

1.3 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile, and worker’s compensation, in limits acceptable to the City.

1.4 Pricing

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

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

3. 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:

The Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractors 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. The Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. The 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, v erifying 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].

Revised 2.9.22 Page 16 of 21

Item 1E - Page 65

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - P&R/PW Responding to this IFB for on-call fence repair and installation services for the Palm Springs Internationa l Airport. the undersigned bidder propases and agrees to provide the services and work in ae«>rdance 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 amoun ts. 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. . ,., ' ,;:·• •. ,~;. '•t- •• ·:~..' . : ,;;_- • ::.:.,:, ' ~. ., 1 JSJl~I\T~D 'i:JNiT}1iut1: ·
,.·.,; ,.•~·., :- --~~: . 0
ITEl',ll< · · ·, ; 0Eic~ 1eil'1~N · · . .UNIT <ilUAf!Jnr~ . ;. SUBTOTAL • { •• _ ... ,~;· •. ' . . \Y, ,,_. ,·,, i ·.'- . ;, ,., .. ~ . •.' • _,. ·- .... .. •1· ,.:-· :>;;' '•;'.\,:,~ ..... , ·.•,- ,. • • • .·, ''•\;_ -~- • I<>:,• ·:·- ... ,.,-,. ' ',· 1 Laborer Regular Billing Rate HR 2,000 ~3.;15 . 0() /,, 501 OCQ ,0C /7:00AM - 5:00PMl 2 Laborer Overtime Billing Rate HR 150 ~ ,41.,5, 00 ~q,1 s o.oo I5:00PM - 7:00AMl 3 Temoorarv Monthlv Fence Rental MO 36 <1;..9..,.J.S I ~T 3'- I."" Parts and Materials (Enter your%
mark-up for parts & materials)
4 Example for 10% enter 1.10; for % 200,000 I .I'-/ J a.13,ooo .co 20% enter 1.20; for 25% enter

1.25)
TOTAL (Enter this amount in Plane tBids) t'l~ll,[01,00
•Note: This bid form is to determine the lowes t bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Firm Name: Q11ali:h :fe nee Co-, {Vt c. .

DIR Number: I 00000 :?i:33; lo
Signatu re of Authorized Person: aJ ~ '11
Printed Name: fra O 1L Ioolas
Title: _ _ $,.....,,.C,4/_T.._,.r:.o..l'"'0-'5...._ _ ___ _____ ______ _ Date: -'"1',../,i~oo"-4-+2:P=i¼':cS.._ ____ ____ _____ _ I

Revised 2.9.22 Page 17 of 21

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 1E - Page 66

Revised 2.9.22 Page 18 of 21

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees , agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1E - Page 67

Revised 2.9.22 Page 19 of 21

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1E - Page 68

Revised 2.9.22 Page 20 of 21

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.

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 1E - Page 69

Revised 2.9.22 Page 21 of 21

Item 1E - Page 70

ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - P&R/PW Execut ive 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 contracis 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 contraci with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid o r proposal or otherwise proposes to or enter into or r enew a contraci with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

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

Signature: µ~
Printed Name: fi-,rn IL Tobias
Title:_ £,..·· .. e .._c,_. +/ .... T,..,r ... e .. a..,<,__ _______ _ Firm Name: Q,wli'b( 'fence. G · 1 (124 ,
Date: I J J-:q //tOJ..C
P~9~1 of 1

ATTACHMENT D

Item 1E - Page 71

Revised 2.9.22 Page 1 of 21

CONTRACT SERVICES AGREEMENT 25B046

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES FOR

PARKS AND RECREATION

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on March 31, 2025, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and Quality Fence Co., Inc., a Nevada 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 contractor to provide the City with on- call fence repair and installation services for P arks and Recreation Department, (“Project”).

B. Contractor has submitted to City a proposal to provide on- call fence repair and installation services for P arks and Recreation Department, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Contractor warrants that 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 Item 1E - Page 72

Revised 2.9.22 Page 2 of 21

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
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 $200,000.00

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 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.

Item 1E - Page 73

Revised 2.9.22 Page 3 of 21

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 governme ntal 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 performin g the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on March 31, 2025, ending on March 30, 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 additional one-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 . W here 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 Item 1E - Page 74

Revised 2.9.22 Page 4 of 21

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

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

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

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

Item 1E - Page 75

Revised 2.9.22 Page 5 of 21

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:

William Cavanaugh President

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 S ervices 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.

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, l osses, costs, Item 1E - Page 76

Revised 2.9.22 Page 6 of 21

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 miscond uct 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 C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

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

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

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

Item 1E - Page 77

Revised 2.9.22 Page 7 of 21

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code 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. T he 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 Item 1E - Page 78

Revised 2.9.22 Page 8 of 21

any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall 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 Item 1E - Page 79

Revised 2.9.22 Page 9 of 21

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: Quality Fence Co., Inc.

Attention: William Cavanaugh
14929 Garfield Ave.

Paramount, CA 90723

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

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

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

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

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

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

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

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

Item 1E - Page 80

Revised 2.9.22 Page 10 of 21

12 Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this complianc e process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attach ed 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 1E - Page 81

Revised 2.9.22 Page 11 of 21

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND QUALITY FENCE CO., 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 Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________ Item No. __________ Agreement 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 1E - Page 82

Revised 2.9.22 Page 12 of 21

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1E - Page 83

Revised 2.9.22 Page 13 of 21

1.1 Scope:

A. The Contractor shall furnish labor, materials, and equipment to perform fence repair and installation services (work) on an as -requested basis at city facilities included in this solicitation . The scope of work shall include, but is not limited to repair, maintenance, installation, rental, reset, remove and replace (new or temporary) fencing when requested by the City. When replacing fencing, unless otherwise specified by the City, the Contractor shall replace the existing fence with a fence made of new materials placed in the same location. This shall include project estimation and budgeting of work.

B. Response Time:

1. The Contractor shall respond to emergency calls for service or repair within 24 hours. Emergency responses to include weekends, after-hours, and holidays.

2. The Contractor shall respond to department within 48 hours from request for work.

3. Requests for proposals shall be provided within 14 days of the initial request.

4. The Contractor shall have sufficient resources to respond to multiple requests for work simultaneously, dispatching crews to each project which may have overlapping timelines.

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

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

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

E. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a sever-day period after written notice, the City may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 agreement.
c. 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.

F. Compliance Regulations and Permits: The 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.

G. Equipment and Supplies: The Contractor shall 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 a type that is approved by the industry and shall be operated in Item 1E - Page 84

Revised 2.9.22 Page 14 of 21

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. The Contractor must not store equipment and/or supplies on any City property.

H. General Safety Requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

I. 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.

J. Security:

1. The Contractor is responsible for ensuring all entries/exists 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.

K. Disposal and Salvage of Waste Material: The 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. The City encourages the Contractor to salvage material in an environmentally friendly manner if possible.

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

L. 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. The Contractor shall abide by City’s requirements for visiting City buildings, including wearing required face coverings.

2. The Contractor’s vehicles must display company logo and name.

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

Item 1E - Page 85

Revised 2.9.22 Page 15 of 21

1.2 Special Security Requirement – For Palm Springs Police Department:

Any personnel of the Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to services at this facility. The CHRC(s) will be provided at no charge to the Contractor. The 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.

1.3 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile, and worker’s compensation, in limits acceptable to the City.

1.4 Pricing

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

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

3. 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:

The Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractors 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. The Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. The 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, v erifying 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].

Revised 2.9.22 Page 16 of 21

Item 1E - Page 87

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - P&R/PW Responding to this IFB for on-call fence repair and installation services for the Palm Springs International Airport, the undersigned bidder proposes and agrees to provide the services and work in a=rdance 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. '1l'(r,1, Hi··.,·. ~·, .. ·· • .• ·:. t . . ·,,: . . J:.,::. , .• ·• . • .UNIT 1
JSJl\\'(I\T~D ·(J,.,,iT;PRibt:.
, .. · .. ''., : --~~. .
. , , , , . PE&qffl~;i;:!~N:: :,. , ,: ~uAf!mn- ·,, SUBT.Ci>TAL ·• , ·-;- ... , ... · .. ., :•:,.."'·.Ir.: ,• •;'- ......... .. ~ .... · -• .' •. •-, -••,• · ' 1· . :· :,:i't~-~-';'-,,.~>~ Ao , • 1 Laborer Regular Billing Rate HR 2,000 ~3ol5 . 0() 1,,501 000 ,oc I7:00AM - 5:00PM) 2 Laborer Overtime Billing Rate HR 150 ~ ljf.,5". 00 ~q,1so.co /5:00PM - 7:00AM) 3 Temoorarv Monthlv Fence Rental MO 36 ~l~T 3S I.""
Parts and Materials (Enter your%
mark-up for parts & materials)
4 Example for 10% enter 1.10; for % 200,000 I .le/ Ja.ll,Ooo .co 20% enter 1.20; for 25% enter

1.25)
TOTAL (Enter this amount in PlanetBids) ~'l~ll,tOl,00
•Note: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Firm Name: Q11ali:h :fe nee Co-, {Vt c. .

DIR Number: I 00000 :?133; le
Signature of Authorized Person: a~ ~ '11
Printed Name: f r-a O \(, Ioolas
Title: _ ... S>o::..i..c'-1. /c..,.T.L"-""'"'4'-'S...._ _ ________ _____ _ _ Date: __.1..,L~ooo-y.+a.2:P ... a-... s..._ _________ ____ _ (

Revised 2.9.22 Page 17 of 21

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 1E - Page 88

Revised 2.9.22 Page 18 of 21

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees , agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1E - Page 89

Revised 2.9.22 Page 19 of 21

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1E - Page 90

Revised 2.9.22 Page 20 of 21

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.

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 1E - Page 91

Revised 2.9.22 Page 21 of 21

Item 1E - Page 92

ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES- P&R/PW
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and depa rtments 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 contracis 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 b id 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 PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certificalion is made under the laws of the State of California.

Signature: .µ~
Printed Name: fi-,rn IL Tobias
Title: Sec. (Treas •
Firm Name: lj)uali'b{ Fence. G., f,u ..

Date: / / a--q /,t0J.C
Page1 of 1

ATTACHMENT E

Item 1E - Page 93

Item 1E - Page 94

ATTACHMENT D

CITY OF PALM SPRINGS

PUB LIC INTEGRITY DISCLOSURE
{INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES - PAR KS & RECREATION

AND PUBLIC WORKS

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must FIie?
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 inciude corporations , limited liability companies, trusts, etc. that seek a C ity Council approval, or an approval by one of the City's board or commissioms.

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, cod fied in Chapter 2.60 of the municipa l code, reflects the City's interest in ensuring that companies (and other legal entities that are not nat ural people) doing business in the community are transparent and make disciosure as to their ownership and management, and further that those companies disciose 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 relat ionship between someone who is an owner/investor in the S:lr')r')lir:.Ant Antity And a voting ,off,cial (or the City Manager or City Attorney). which relationship includes any of the following :
(1) the owner/investor and the official have done business togethe r during the year prior to the application ;
(2) the official has earned income from the ownerflnvestor during the year prior to the filing of the application;
(3) the ownerflnvestor 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 e vote of City officials, whether elected or appointed.

Item 1E - Page 95
PIJ:BUO IN'll'E,G'.Afi'll' Dls.GLO.SURE
AP,PllCANl EIIISCLOSU~E FORM
·1 . N !MTltl of E,illcy
HOOU FENCE a»i.P.liNI :rnc
2 A!lr;lmu of E'lllily lPffl"Kliplll Plttl:I!! of Bu!!in~s) 280 E 1-Ja' SI.A£:£~. PEllR.IS CA ~2570
3 ~I or C. miei Acid~ (ii dilTl!!ren1 then 1¥2)
S1cME AS ABOVE.

NEVADA
Y,as  l'tm

5. [j cap«..i1ai O Ll-nr,ect Lublt, Corrvlany  Pn1!1r111~hip  T11111L  Othier [i;.i951! · 11pei.,fy) '8. 10mcws, Diii'etlb.1'11:. iU.mbd'f.l,, lhll'.lt!fl"J'I,, Twltfft, Olllw Rd-W:i.r:i'N (plHH -.p.,;;ffy) Nar. ~ ff -a,ry H'Spon.H ~j not I tititw'lif pw,!Hill, pl'UH itM1i ti'fr1 IN offi'Nn,. d.fraicti>n, memb#Jl, mllr.l!IV"f$1 •r:id orl'Nar fi~4-lrle11 ftJr ~ mi111¥1bw, m•IN!lillffj. tl'U5!j, Dr" otl.iH" itml'f)'
_s_i:_t:tr_· -~-~ ___ ,_P_RES_·_m_ENI ___ (M Ofli~  Oircct,Qr  Mi.mbi.:r D Manag
[name! D G~ IPlltlltrlcr D I.I rn~cd F».artner
~her
_________ ___ D Offir;; D Oir4;1r;1x:Jr D t&ll"l'l r D ~ N!IIOr jn.;,m!!I D Oe11~ l Pl,rtm::s O L.rnil'Cd Purtner
D Ollter
L,__ :::::::::::::::.:::.:::.:::.::-_::-_-_-_-_-_-_-_______________ on: 0 Dir,eCKJr O ,.dern Iler O M!!!nziget

Item 1E - Page 96
[nmm!!!J D General Parini!f' D Li m~l!'d P,11rlner
 Olh8r
7, °"'1~n~~i;:n. 'Mlh 11 ~ benefM!ial i ~res! in the ApJ:'icl!llllt Enuy or III relmed enllt)' e:i<Av.PL.E
JANE DOE 50%,, AEK:: COPilPArtY, lr.ic..
[oame of 0'M!llffll"IV(lSt.0r] fpetiten~ af bene lm
BM nal'IWI 01 enbty]
i 1en::sl i, or.ntity
A.
.SCO'l'I HOOIUl 1 Q o, , MOORE F.ENCB c;x:t!CNI.H!' me
(n~ e1 O'M18f'1'investor] [p~nl:Q!J{l of b11nt1t.;i!t ir: r 11!1 t&nlity and neolfl of enltly)
IB.
(nllffl(I o1 O'if,'!ll!Jfflnv(l!i-l;Qr] fp~t.,¥ of bcnr.lfui i r: ~~ Ill !(!f'J!ity and nt111i'l'li:I of entiJ.yJ
C
[nal1'!10 of O'if,'!118fl'investor] [pim.cnts!J{I of bartB~ci I r~ ~ t&ntlty and nail'Je of tlntil.y]
0 ll\!:lm& or 0"'111er/n;,ies10fl [pereootEtge or tiel'IBndlll I rest in errtily 11nd nmr..e of entity]
15 l113me o1 owner....-.v-Willfl lperoentage cl bel'IBndlll tereet ill en'lll~ ,and nl!iffl.! i:d !i'l~Ly]
I D!CIJtR! '-'~CU!R ~ENA!L TI 0F PeRJUAV IJ,NDER TlHE 11.AWS OF Tl-IE STATE OF CAUFORNIA THAT liHE FOREQOlt-'G IS TRtlE AND CORRECT,
4 01/2:9/25

ATTACHMENT F

Item 1E - Page 97
Item 1E - Page 98

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 24-39)

ON-CALL FENCE REPAIR AND INSTALLATION SERVICES- P&R/PW

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
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.

What Must I Disclose?
Item 1E - Page 99
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).

B. 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.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1E - Page 100

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. A dress of Entity (Principal Place of Business)

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

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

5. Type of Entity
~orporation 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
--'W~iL.!.\..Ll\i ..... o,.,._.M......_(""'--=a...,,_va,,.,.._.o,""'a....,,u'-1'9'1-'h..._ __ efofficer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
_...,_h__.r ...... a ..... n ..... ~~--_,l._.a ...... lo ......... ic-15,.__ ____ 00fficer D Director D Member D Manager [name] D General Partner D Limited Partner
0 ~hfil
-------------- Officer D Director D Member D Manager
Item 1E - Page 101
[name] D General Partner D Limited Partner
 Other

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
\r-,J i H \ Cl \'Y\ cg,~CJ.V\'1!..!@r\ ~o %> Q~iaU~ feoce.G .. IVl.c.. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
1Yanv .... Iabie&s Io 'to Qua.Ll~ +:£nee Co. 1 I 1:1'-=· [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 \<.. Tobicts,'5ec. tTreq_r,,
Item 1E - Page 102
City of Palm Springs, CA.

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

CITY COUNCIL STAFF REPORT

DATE: M ARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY

MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4 , LATITUDE 61, TRACT #38776

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The City Council formed Community Facilities District 2007 -1 (Public Safety Services , “CFD 2007-1”) for allotted land to provide a financing mechanism to sustain the delivery of public safety services to new residential developments. CFD 2007- 1 was formed in September 2007. This action declares the City Council’s intention to annex additional territory and will set a public hearing date for the purpose of annexing this additional territory into the original CFD 2007-1.

RECOMMENDATION:

1) Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 4, LATITUDE 61, TRACT #38776.”

2) Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and the filing of written protest by any property owner regarding the annexation of territory to CFD 2007-1, the levy of a special tax for public safety services, and a special landowner election.

STAFF ANALYSIS:

The City Council created CFD 2005- 1 to assist in the financing of police, fire, and life safety services to new residential development. This type of financing program, which is authorized under the Mello- Roos Community Facilities Act of 1982, envisioned the Item 1F - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
CFD No. 2007-1 (Annexation No. 4)

participation of all future new development projects, either by formation of new districts or annexation into the original CFD 2005-1.

As the City has approved new residential developments, they have been annexed into CFD 2005 -1. Unfortunately, staff has determined that several of the residential developments that have been approved and are currently under construction are located on Allotted Land and cannot be annexed into the existing CFD 2005-1 due to their unique ownership status. Under both Federal and State case law, Allottee land is held "in trust" by the Federal Government for the benefit of its Allottee owners. As such, the land has been determined an instrumentality of the Federal Government and is not subject to direct taxation, including the special tax levied through CFD 2005-1.

Although Allottee owners are not considered landowners for purposes of the Act and cannot be taxed directly, it has been determined that the possessory or leasehold interest is subject to taxation. Since CFD 2005- 1 does not provide for an encumbrance against possessory interest, the City formed CFD 2007- 1 to accommodate the Allottee land, as well as to attach the burden of CFD 2007-1 to the possessory interest.

This will be the fourth annexation of residential development into CFD 2007- 1. The development will include 17 lots with either 3 - or 4 -plex condominiums on those lots totaling 61 residential units, and the total acreage of the project is 4.97 acres.

The project listed above has , as a condition of project approval, a requirement to participate in the process of annexing into CFD 2007- 1. Although the City could form a separate CFD for the development, it is simpler and less costly to annex this project into the existing CFD 2007-1 since the rate and method of apportionment established for CFD 2007-1 governs the levy of special taxes not only within the original boundaries of CFD 2007-1, but also within all subsequent annexations.

In order to commence the annexation process, the City Council must adopt a Resolution of Intention (“ROI”) for the annexation. This resolution sets forth terms and conditions for annexing territory into CFD 2007-1 and includes the rate and apportionment of the special tax to be levied. The ROI also establishes a date for a public hearing on the proposed annexations. The public hearing date, which by statute must be held within 30 to 60 days following the adoption of the ROI, is scheduled for May 14, 2025. Pursuant to the Mello- Roos Community Facilities Act of 1982, there are less than twelve (12) registered voters in each of the territories proposed to be annexed; therefore, the special election will be a landowner vote within each annexation.

Property owners within the territory to be annexed into the District have executed and submitted a petition with waivers to the City, waiving certain timing and noticing requirements under the Election Code. This will enable the City to expedite the annexation process by holding the special election immediately after the public hearing on May 14, 2025.

Item 1F - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
CFD No. 2007-1 (Annexation No. 4)

Included with the ROI, the City Council must establish the boundaries of the territory to be annexed to CFD 2007-1. The ROI identifies the territory to be annexed into CFD 2007- 1, which will be recorded with the County Recorder upon approval of the ROI.

The special tax that is currently being assessed on properties within CFD 2007-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the current special tax for a single -family residence is $ 500 per year with a maximum rate of $500. The current special tax for a multi-family residence is $486.62 and cannot exceed the maximum of $500. Other rates are detailed in the Rate and Method of Apportionment, included as Exhibit D of the referenced resolution. The special tax is collected as part of the annual property tax.

Assuming the City does not receive a majority protest against annexation from the affected landowners at the public hearing, the City will then conduct a special landowner election and, if successful, will levy the special tax on all affected parcels within the annexed areas beginning in fiscal year 2025-26.

ENVIRONMENTAL ASSESSMENT:

The req ue
sted City C ouncil act ion is no t a “Project” as defined by the Ca lifornia 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 r easonably fores eeable i ndirect physical change in t he environment. The requested action is to authorize annexation of certain properties into CFD 2007-1, and is exempt from CEQA pursuant to Section 15378(b), in that a “Projec t” does not inc lude: (5) or ganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

CFD 2007-1 funds are exclusively allocated for public safety services . In Fiscal Year 2024-25, a total of 135 parcels within CFD 2007- 1 were assessed with a combined levy of $67,192. Upon annexation of Latitude 61 into CFD 2007-1 and the issuance of building permits for the new units, the special tax will generate an additional $29,683 annually based on the proposed 61 units, based on Fiscal Year 2024-25 multi-family home special tax rates.

REVIEWED BY:

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

ATTACHMENTS:

A. Resolution
Item 1F - Page 3
AT

TACHMENT A
Item 1F - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING ITS

INTENTION TO ANNEX TERRITORY INTO A COMMUNITY

FACILITIES DISTRICT TO AUTHORIZE THE LEVY OF

SPECIAL TAXES FOR THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC
SAFETY SERVICES) ANNEXATION NO. 4, LATITUDE 61,
TRACT #38776
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the "Act"), the City Council of the City of Palm Springs (the "City") previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) (the "District"), and
WHEREAS, under the Act, this City Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and levy special taxes within the annexation territory; a nd WHEREAS, the City Council has received petitions from all landowners (100%) within the proposed annexation territory, requesting the City to initiate annexation proceedings into the District; and
WHEREAS, this City Council now desires to commence proceedings to consider the annexation of territory to the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY

RESOLVES
, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. Thi s City Council proposes to begin the proceedings nece ssary to annex territory to the District pursuant to the Act.

SECTION 2. The name of the existing District is City of Palm Springs, Co mmunity Facilities District No. 2007-1 (Public Safety Services).

SECTION 3. A general description of the territory included in the existing District is shown on the amended boundary map recorded in the office of the County Recorder for the County of Riverside on October 24, 2007, in Book 72 at Page 36 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made.

SECTION 4 The territory now proposed to be annexed to the District is shown on Annexation Map No. 4 of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein. The boundaries of which territory are hereby preliminarily approved and to which map Item 1F - Page 5

reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said Annexation Map No. 4 of the District in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this Resolution. The Tract Map(s) for the territory proposed to be annexed is attached as Exhibit B. The list of participating assessor’s parcels to be annexed is attached as Exhibit C.

SECTION 5. The types of services to be funded by the District and pursuant to the Act consist of those services (the "Services") described in Resolution No. 22033 entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Establish Community Facilities District No. 2007-1 (Public Safety Services) to Authorize the Levy of Special Tax Therein to Finance Certain Services" adopted by the City Council on September 5, 2007 (the " ROI"), which ROI is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.

SECTION 6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non -exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is attached in Exhibit D.

SECTION 7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the rate and method of apportionment of the special tax.

SECTION 8. Notice is given that on Wednesday, May 14, 2025, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience, and necessity require s aid annexation of territory to the District and the levy of said special tax therein.

Item 1F - Page 6

SECTION 9. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit E hereto.

SECTION 10. This Resolution shall take effect upon its adoption.

ADOPTED this 27th day of March 2025.

Scott Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ______ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 27, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1F - Page 7

EXHIBIT A

PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4
LATITUDE 61, TRACT # 38776

Item 1F - Page 8

Item 1F - Page 9
y e r CLERK'S MAP FILING STATEMENT

FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF PALM SPRINGS TH IS DAY OF 2025 .
---==========================:-J CLERK OF THE BOARD
,__~ ______________ E_Amado _Rd _______ ~-------------- ---1 CLERK'S MAP CERTIFICATE t----,----- ---- ------ s;:;:;;;;:;;;;;;;;;;:;;;;:;;;~;;;~,----"'--5D8=-070-=f)6 _ ____ _ 1 DO HEREBY CERTIFY THAT THE WITHIN MAP SHOWING

TERRITORY PROPOSED TO BE ANNEXED INTO
COMMU NITY FACILITIES DISTRICT NO. 2007-1
508-070-062
508-070 -056 508-070-059
E Andrea s Rd
(PUBLIC SAFETY SERVICES),

CITY OF PALM SPRINGS, COUNTY OF RIVERS IDE,

STATE OF CALIFORN IA,

WAS APPROVED BY THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS

AT A MEETING THEREOF, HELD ON
THE DAY OF,..,...,..,,-----•• 2025,
BY ITS RESOLUT ION NO. ___ _

CLERK OF THE BOARD

RECORDER'S CERTIF ICATE
FILED THIS DAY OF ____ , 2025 AT THE
HOUR OF ____ O'CLOCK IN BOOK __ _

OF MAPS OF ASSESSM ENT AND COMMUN ITY FACILITIES
DISTRICTS AT PAGE ___ IN THE OFFICE OF THE

COUNTY RECORDER IN THE COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

COUNTY RECORDER , COUNTY OF RIVERSIDE
NOTE:

REFERENCE IS MADE TO THAT AMENDE D BOUNDA RY MAP
OF COMMUNI TY FACILITIES DISTRICT NO. 2007- 1 (PUBLIC

SAFETY SERVICES) OF THE CITY OF PALM SPRINGS

RECORDED WITH THE RIVERSIDE COUNTY RECORDE R'S
OFFICE ON OCTOBE R 24, 2007 , IN BOOK 72 OF MAPS OF
I
-------~ -1 ASSESSME NT AND COMMUNITY FACILITIES DISTRICTS, PAGE 36, AS INSTRUMENT NO. 2007-065 4008.

REFERENCE IS HEREBY MADE TO THE MAPS AND DEEDS OF

RECORD IN THE OFFICE OF THE ASSESSOR OF THE COUNTY

OF RIVERSIDE FOR A DETAILED DESCRIPTION OF THE LINES
AND DIMENSIONS OF ANY PARCELS SHOWN HERE IN. THOSE

MAPS SHALL GOVERN FOR ALL DETAILS CONCER NING THE
)::.. LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARCEL L.I IS IDENTIFIED IN SAID MAPS BY ITS DISTINCTIVE
l----"----------------------------'-- --'111_._ _____________ _. ASSESSOR'S PARCEL NUMBER (APN).

Legend
Proposed Boundaries of CFD No. 2007-01 Annexation No. 4 D City of Palm Springs Parcels
SCIConsultingGroup
Public Fi na n ce Consulting Services
Assessor's Parcel Numbers:
508-070-056, 508-070-057
508-070-058, 508-070-059
508-070-060, 508-070-061
508-070-062
ANNEXATION MAP NO. 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES) OF THE COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA