Agenda packet — Palm Springs City Council, June 25, 2025 (part 3 of 4)

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

Governmentjobs.com Inc. (dba NEOGOV)
2120 Park Place, Ste 100 El Segundo CA 90245
CA
Brian Chang
Nicholas Smith Wang
Shane Evangelist
Docusign Envelope ID: 0FC56586-037A-4449-9AF4-528F52543730 Item 1N - Page 26
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X
X
X
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

NGV Parent Holdings Inc
100% of Governmentjobs.com Inc
Warburg Pincus & Co

50.1% of NGV Parent Holdings Inc
Carlyle Partners
29% of NGV Parent Holdings Inc
Frontier Fund
14% of NGV Parent Holdings Inc
Docusign Envelope ID: 0FC56586-037A-4449-9AF4-528F52543730 5/23/2025 | 2:10:58 PM PDT
Alex Chun
CFO
Item 1N - Page 27
I c~. C48A2B32DE9F457 ..

CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:

ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2025-2026 RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH

ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED
THERETO FOR FISCAL YEAR 2025/2026;” and

1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 21, 2025, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2025/2026.”

2. Attachments
Item 1O

CITY COUNCIL STAFF REPORT
D
ATE: JUNE 25, 2025 CONSENT CALENDAR
SU
BJECT: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING

AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL
YEAR 2025-2026
F
ROM: Scott C. Stiles, City Manager
BY: P
ublic Works Department
Engineering Services Department
S
UMMARY:

T
his item will initiate proceedings required by law to continue the levy of existing annual special assessments in the City’s various Street Lighting and Parkway Maintenance Districts. Adoption of a Resolution of Intention will schedule a Public Hearing for July 21, 2025, to consider the formal levy and collection of special assessments for the subject fiscal year.

RE
COMMENDATION:
1) A
dopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED
THERETO FOR FISCAL YEAR 2025/2026;” and
2) A
dopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 21 , 202 5, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2025/2026.” Item 1O - Page 1
STAFF ANALYSIS:

In accordance with the Streets and Highways Code of the State of California, the City is required to prepare Engineer’s Reports on the annual costs to operate and maintain improvements within the City’s various Street Lighting or Parkway Maintenance Districts, which include the following:

1. Street Lighting Maintenance District No. 3 consists of 75 residential parcels located in the “Crossley Tract,” south of 34th Avenue along Lawrence Street and Marguerite Street. District No. 3 was established in 1983 to provide funding for the installation, operation and maintenance of street lighting along Lawrence Street and Marguerite Street, shown in the Vicinity Map below:

District No. 3 Vicinity Map
Crossley Tract
Item 1O - Page 2
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2. Parkway Maintenance District No. 6A consists of 25 commercial and industrial properties located in the “Fairport Development,” between Chia Road and Tachevah Drive, west of Gene Autry Trail. District No. 6A was established in 1980 to provide funding for the maintenance of parkway landscaping along the south side of Chia Road as shown in the Vicinity Map below:

District No. 6A Vicinity Map
Fairport Development
Item 1O - Page 3
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3. Parkway Maintenance District No. 6C consists of 30 residential parcels located in the “Park Sonora Tract,” on the east side of El Cielo Road along Sonora Road, Loma Vista Circle and San Marin Circle. District No. 6C was established in 1980 to provide funding for the maintenance of parkway landscaping along the east side of El Cielo Road along the frontage of the Park Sonora Tract, shown in the Vicinity Map below:

District No. 6C Vicinity Map
Park Sonora Tract

Item 1O - Page 4
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4. Parkway Maintenance District No. 7 consists of 53 residential parcels located in the “Sunrise Norte Tract,” on the north side of San Rafael Drive west of Sunrise Way, located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road. District No. 7 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive along the frontage of the Sunrise Norte Tract, shown in the Vicinity Map below:

District No. 7 Vicinity Map
Sunrise Norte Tract
Item 1O - Page 5
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5. Parkway Maintenance District No. 8 consists of 62 residential parcels located in the “Vintage Palms Tract,” on the north side of San Rafael Drive and the east side of Avenida Caballeros. District No. 8 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive and the east side of Avenida Caballeros along the frontage of the Vintage Palms Tract, shown in the Vicinity Map below:

District No. 8 Vicinity Map
Vintage Palms Tract
Item 1O - Page 6
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6. Parkway Maintenance District No. 9 consists of 77 residential parcels located in the “Flora Vista Tract,” on the south side of Racquet Club Road, the west side of Sunrise Way, and the north side of Via Escuela. District No. 9 was established in 1997 to provide funding for the maintenance of parkway landscaping along the west side of Sunrise Way along the frontage of the Flora Vista Tract, shown in the Vicinity Map below:

District No. 9 Vicinity Map
Flora Vista Tract

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7. Parkway Maintenance District No. 10, Zone 1, consists of 308 residential parcels located in the “Mountain Gate (Phase 1),” development on the east side of N. Palm Canyon Drive and north of Gateway Drive. District No. 10, Zone 1, was established in 2003 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, the north side of Gateway Drive, and drainage basins along East Gate Road, shown in the Vicinity Map below:

District No. 10 – Zone 1 Vicinity Map
Mountain Gate (Phase 1)

Item 1O - Page 8
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8. Parkway Maintenance District No. 10, Zone 2 , consists of 196 residential parcels located in the “Mountain Gate (Phase 2),” development on the east side of N. Palm Canyon Drive. District No. 10, Zone 2, was established in 2005 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, shown in the Vicinity Map below:

District No. 10 – Zone 2 Vicinity Map
Mountain Gate (Phase 2)

Item 1O - Page 9
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9. Landscape Maintenance District No. 12 consists of 6 commercial parcels located in the “Smoke Tree Commons” shopping center on the south side of E. Palm Canyon Drive and west side of Barona Road. District No. 12 was established in 2008 to provide funding for the maintenance of median landscaping within E. Palm Canyon Drive between Cerritos Drive and Farrell Drive, shown in the Vicinity Map below:

District No. 12 Vicinity Map
Smoke Tree Commons

Item 1O - Page 10
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The Preliminary Engineer’s Reports listed below are on file with the City Clerk and can be accessed via the following on-line link for public inspection.

Preliminary Engineer's Reports
• Street Lighting Maintenance District No. 3 (Crossley Tract – 75 Properties) • Parkway Maintenance District No. 6A (Fairport Development – 25 Properties) • Parkway Maintenance District No. 6C (Park Sonora Tract – 30 Properties) • Parkway Maintenance District No. 7 (Sunrise Norte Tract – 53 Properties) • Parkway Maintenance District No. 8 (Vintage Palms Tract – 62 Properties) • Parkway Maintenance District No. 9 (Flora Vista Tract – 77 Properties) • Parkway Maintenance District No. 10, Zone 1, (Mountain Gate – 308 Properties) • Parkway Maintenance District No. 10, Zone 2 (Mountain Gate 2 – 196 Properties) • Landscape Maintenance District No. 12 (Smoke Tree Commons – 6 Parcels) In accordance with the Streets and Highways Code of the S tate of California, it is necessary for a Resolution of Intention to be adopted scheduling a Public Hearing for consideration of the levy and collection of special assessments for the various Maintenance Districts for the subject fiscal year.

FISCAL IMPACT:

On November 5, 1996, the voters of California approved Proposition 218, the “Right to Vote on Taxes Act,” (or “Prop 218”). Prop 218 revised the manner in which local agencies could increase special assessments or levy new taxes, by adding Articles XIIIC and XIIID to the California Constitution and imposing new regulations requiring local agencies to call for elections for a vote of affected property owners for any proposed new or increased special assessment. Prior to Prop 218, local agencies had the legal ability to propose new or increased special assessments, and such assessments could be implemented insofar as a majority protests were not presented by the affected property owners. Prop 218 has imposed a challenge on local agencies administering Special Districts that generate revenue for maintaining public improvements that benefit private properties. Those Special Districts that were established prior to Prop 218 did not have a for mula for adjustment of special assessments to account for inflation; therefore, after Prop 218 any increase in special assessments requires a local agency to call for a special election and for a majority vote to support such increased assessment. Specifically for Palm Springs, four of its remaining Special Districts (District No. 3, 6A, 6C, and 7) were established prior to Prop 218, and District No. 7 was established immediately after Prop 218 in 1997.

However, Districts No. 10 and 12 were original ly established with a formula allowing for annual increases to the special assessment subject to the Consumer Price Index (“CPI”).

As costs have increased associated with street lighting or landscape maintenance, nam
ely with utility costs, the total costs incurred by the City for maintenance of public improvements in these Special Districts has, at times, exceeded the revenue generated by the special assessments in each District, causing a deficit. In those cases, services are reduced accordingly to ensure overall costs do not exceed assessment revenues received. Conversely, when excess revenues generate a surplus, the City reduces the Item 1O - Page 11
maximum amount of the assessment being levied to the specific district. The intent is to maintain an adequate surplus to provide the required service. There are specific times when an unexpected event occurs. Staff uses additional built-up surplus to address these unexpected events. The following summarizes the fiscal status of each District:

Street Lighting Maintenance District No. 3 (“Crossley Tract”) Max assessment: $ 4,283 (spread over 75 parcels) Levied costs: $ 2,762
Note: The proposed assessment is less than the approved max assessment.

Parkway Maintenance District No. 6A (“Fairport Development”) Max assessment: $ 5,154 (spread over 25 parcels) Levied costs: $ 5,154
Note: The proposed assessment equals the approved max assessment.

Parkway Maintenance District No. 6C (“Park Sonora Tract”) Max assessment: $ 12,368 (spread over 30 parcels) Levied costs: $ 12,368
Note: The proposed assessment equals the approved max assessment.

Parkway Maintenance District No. 7 (“Sunrise Norte”)
Max assessment: $ 23,747 (spread over 53 parcels) Levied costs: $ 23,747
Note: The proposed assessment equals the approved max assessment.

Parkway Maintenance District No. 8 (“Vintage Palms”)
Max assessment: $ 26,973 (spread over 62 parcels) Levied costs: $ 19,508
Note: The proposed assessment is less than the approved max assessment.

Parkway Maintenance District No. 9 (“Flora Vista”)
Max assessment: $ 17,409 (spread over 77 parcels) Levied costs: $ 17,408
Note: The proposed assessment equals the approved max assessment.

Parkway Maintenance District No. 10, Zone 1 (“Mountain Gate 1”) Max assessment: $ 178,517 (spread over 308 parcels) Levied costs: $ 69,685
Note: The proposed assessment is less than the approved max assessment.

Parkway Maintenance District No. 10, Zone 2 (“Mountain Gate 2”) Max assessment: $ 178,712 (spread over 196 parcels) Levied costs: $ 103,582
Note: The proposed assessment is less than the approved max assessment.

Landscape Maintenance District No. 12 (Smoke Tree Commons) Max assessment: $ 20,550 (spread over 6 parcels) Levied costs: $ 20,549
Item 1O - Page 12
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Note: The proposed assessment equals the approved max assessment.

Approval of this action is the first step to formally levying special assessments in the City’s Street Lighting and Parkway Maintenance Districts. In accordance with the Engineer’s Reports prepared for each Maintenance District, at the public hearing to be held on July 21, 2025, the City Council will consider levying special assessments to collect revenue to pay for expenditures incurred within each District, as identified below:

Special District No. Levy Amount
Qty of
Parcels
Special
Assessment/Parcel
Crossley Tract (3) $2,761.81 75 $36.82
Fairport Development (6A) $5,153.75 19 $166.25
6 $332.50
Park Sonora Tract (6C) $12,367.80 30 $412.26
Sunrise Norte (7) $23,746.65 53 $448.05
Vintage Palms (8) $19,507.68 62 $314.64
Flora Vista (9) $17,408.16 77 $226.08
Mountain Gate Zone 1 (10-1) $69,684.80 292 $225.08
16 $247.59
Mountain Gate Zone 2 (10-2) $103,582.36 175 $522.88
21 $575.16
Smoke Tree Commons (12) $20,549.27 6 Varies from:
$11.35 - $12,681.52
Total Levy $274,761.99 832 N/A

The proposed assessments for the subject Fiscal Year are lower or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).

REVIEWED BY:

City Engineer: Joel Montalvo
Director of Finance & Treasurer: Kristopher J. Mooney
Director of Public Works: David McAbee
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

Item 1O - Page 13
I I

ATTACHMENTS:

A. Resolution No. 1 - Preliminary Approval of Engineer’s Reports B. Resolution No. 2 - Intention to Conduct Public Hearing Item 1O - Page 14

Attachment A
Item 1O - Page 15
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND
GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT
REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3,
AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9,
AND 10 (ZONES 1 AND 2) , AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND

THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL
YEAR 2025/2026 (JULY 1, 2025 TO JUNE 30, 2026)

WHEREAS, the City Council of the City of Palm Springs , California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”) , and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collectio n of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and

WHEREAS, §22566 and §22622 of the Act requires the preparation of an Engineer’s Report to determine and adjust the annual assessment rates for the Districts; and

WHEREAS, the Districts include existing street lighting improvements, or existing streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and improvements within non -contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs; and

WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay costs for the maintenance and services of all improvements and facilities related thereto; and

WHEREAS, the City Engineer , or designee, has prepared an Engineer’s Report (hereafter referred to as the “Report”) in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996; and

WHEREAS, there has now been presented to the City Council the Report for each of the Districts for the Subject Fiscal Year; and

Item 1O - Page 16
Resolution No.

Subject Fiscal Year: 2025/2026

Page 2 ends

WHEREAS, the City Council has carefully examined and reviewed the Report for each of the Districts as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties wi thin the Districts will receive from the improvements, operation, maintenance and services to be performed as part of the Districts, as set forth in said Report.

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

Section 1: The preceding recitals are all true and correct.

Section 2: The City Engineer, or designee, is hereby ordered to prepare and appropriately file an Engineer’s Report for the Districts required to determine and adjust the assessments therein each District for the Subject Fiscal Year in accordance with §22566 and §22622 of the Act. The Engineer’s Report for each District shall be filed with the City Clerk for submission to the City Council.

Section 3: The improvements to be operated and maintained by the Districts generally include the operation, administration, maintenance, and servicing of street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and expenses associated with the Districts that will be maintained by the City of Palm Springs through annual assessments.

Section 4: The improvements to be maintained by the City of Palm Springs for the Subject Fiscal Year are substantially the same as the improvements provided and maintained in the previous Fiscal Year and the Engineer’s Report for each District prepared in connection therewith shall describe the improvements as required by the Act, and as presented, consists of the following:

1) A description of the District and its improvements.

2) A Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the calculations used to establish each parcel’s proportional special benefit assessment for the Subject Fiscal Year.

3) An annual budget that outlines the costs and expenses to service, and maintain the improvements, including incidental expenses, as authorized by the Act.

4) An Assessment Diagram that identifies the lots, parcels and properties included within the boundaries of the District.

5) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District, and the proportional maximum assessment for the Subject Fiscal Year.

Item 1O - Page 17
Resolution No.

Subject Fiscal Year: 2025/2026

Page 3 ends

Section 5: The Engineer’s Report for each District shall reflect provisions and related assessments in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996.

Section 6: The Engineer’s Report for each District is hereby approved on a preliminary basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 7: The proposed assessments for the Subject Fiscal Year are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).

Section 8: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report for each District.

ADOPTED THIS 25th DAY OF JUNE, 2025.

Scott C. Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

Item 1O - Page 18
Resolution No.

Subject Fiscal Year: 2025/2026

Page 4 ends

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 June 25, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

Item 1O - Page 19

Attachment B
Item 1O - Page 20
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING ON JULY 21, 20 25,

REGARDING STREET LIG HTING MAINTENANCE DISTRICT
NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C,
7, 8, 9, AND 10 (ZONES 1 AND 2) , AND LANDSCAPE
MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND

COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2025/2026 (JULY 1, 2025 TO JUNE 30, 2026)

WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”), and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and

WHEREAS, an Engineer’s Report for each District, (hereafter referred to as the “Report”), has been prepared and filed with the City Clerk of the City of Palm Springs, (hereafter referred to as the “City Clerk”), and the Report identifies the levy of assessments for Fiscal Year 2025/2026 (hereafter referred to as the “Subject Fiscal Year” ) in accordance with the Act; and the City Council did by previous Resolution preliminarily approve each Report.

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

Section 1: The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within each District for the Subject Fiscal Year in accordance with §22624 of the Act.

Section 2: The territory of land within each District consists of non -contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs, and a full and complete listing of parcels within each District is included in the Report on file with the City Clerk.

Item 1O - Page 21
Resolution No.

Subject Fiscal Year: 2025/2026

Page 2 ends

Section 3: The improvements include the operation, maintenance and servicing of existing street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and improvements to be provided by the City of Palm Springs in connection with the improvements installed within each District. Detailed maps and descriptions of the location and extent of the improvements to be maintained are included as part of the Report for each District, and by reference is made part of this Resolution.

Section 4: The proposed assessments for each District are outlined in the Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within each District, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).

Section 5: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with §22625 of the Act.

Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify t he property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 6: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on July 21, 2025, at 6:00 P.M., or as soon thereafter as feasible in the Council Chamber at City Hall, located at 3200 East Tahquitz Canyon Way, Palm Springs, California.

Section 7: In accordance with §22552 and §22553 of the Act, the City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act.

ADOPTED THIS 25h DAY OF JUNE, 2025.

Scott C. Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk
Item 1O - Page 22
Resolution No.

Subject Fiscal Year: 2025/2026

Page 3 ends

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 June 25, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1O - Page 23

CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:

MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION AND PALM SPRINGS POLICE MANAGEMENT

ASSOCIATION
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS

AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2028, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING”;

1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS

AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM

SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2028, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING”;

2. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

3. Attachments
Item 1P

CITY COUNCIL STAFF REPORT

DATE: JUNE 25, 2025 CONSENT CALENDAR

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE OFFICERS ’ ASSOCIATION AND PALM SPRINGS POLICE

MANAGEMENT ASSOCIATION

FROM: Scott C. Stiles, City Manager

BY: Human Resources

SUMMARY:

The City has reached a tentative Memorandum of Understanding (MOU) with the Palm Springs Police Officers’ Association (PSPOA) and the Palm Springs Police Management Association (PSPMA). The City Council will consider adopting Resolutions approving the Memoranda of Understanding between the City and the associations.

RECOMMENDATION:

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

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE OFFICERS ’ ASSOCIATION FOR THE PERIOD OF JULY 1, 20 25 THROUGH JUNE 30, 2028, SUBJECT TO ASSOCIATION ’S EXECUTING THE MEMORANDUM OF
UNDERSTANDING”;
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR

EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT
ASSOCIATION FOR THE PERIOD OF JULY 1, 202 5 THROUGH JUNE 30, 2028, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING”;
3) Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

Item 1P - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
PSPOA and PSPMA MOUs

STAFF ANALYSIS:

Palm Springs Police Officers’ Association
The City and representatives of PSPOA have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing employees of the City represented by PSPOA for the period July 1, 2025, through June 30, 2028.

The three-year agreement includes base salary increases of 5% effective the pay period that includes July 1, 2025; 4% effective the pay period that includes July 1, 2026; and 3% effective the pay period that includes July 1, 2027. The agreement also removes the first step of the salary schedule. Additional changes include an increase in holiday-in-lieu pay in recognition of Juneteenth, an increase in the City’s contribution to the Retiree Health Savings (RHS) account from $100 to $200 per month, and the establishment of a Lead Detective assignment.

Palm Springs Police Management Association
The City and representatives of PSPMA have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing employees of the City represented by PSPMA for the period July 1, 2025, through June 30, 2028.

The three-year agreement includes base salary increases of 5% effective the pay period that includes July 1, 2025; 4% effective the pay period that includes July 1, 2026; and 3% effective the pay period that includes July 1, 2027. Additional changes include an increase in holiday -in-lieu pay in recognition of Juneteenth, and an increase in the City’s contribution to the Retiree Health Savings (RHS) account from $100 to $200 per month.

These agreements were reached through negotiations with PSPOA and PSPMA and the
City’s Negotiation team, which jointly recommend City Council adoption of the attached MOUs.

FISCAL IMPACT:

During the term of the agreement with PSPOA the anticipated additional annual cost is:

Year 1 - $1,282,627
Year 2 - $2,114,082
Year 3 - $2,776,556

During the term of the agreement with PSPMA the anticipated additional annual cost is:

Year 1 - $113,769
Year 2 - $207,437
Year 3 - $277,703

Item 1P - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
PSPOA and PSPMA MOUs

REVIEWED BY:

Department Director: Stephanie George
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution – PSPOA
B. Resolution – PSPMA
C. Memorandum of Understanding – PSPOA
D. Memorandum of Understanding – PSPMA

Item 1P - Page 3

ATTACHMENT A

Item 1P - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
THE PALM SPRINGS POLICE OFFICERS’ ASSOCIATION
FOR THE PERIOD JULY 1, 202 2 THROUGH JUNE 30,
2025, SUBJECT TO ASSOCIATION EXECUTING THE
MEMORANDUM OF UNDERSTANDING.

WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) with authority to meet and confer in good faith on matters within the scope of representation including wages, hours, terms and other conditions of employment; and

WHEREAS, the City Negotiation Team has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Police Officers’ Association (“PSPOA”); and

WHEREAS, as a result of such good faith negotiations, the City Negotiation Team have reached agreement PSPOA on the terms and conditions of a Memorandum of Understanding (“MOU”) governing employees of the City of Palm Springs within such Association; and

WHEREAS, PSPOA and the City Negotiation Team jointly recommend adoption of such MOU by the City Council;

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

SECTION 1. That the Memorandum of Understanding between P SPOA and the City, for the period July 1, 2022 through June 30, 2025 , on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 2. The City Manager is authorized and directed to fulfill any meet and confer process(es) in accordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney.

Item 1P - Page 5
Resolution No. _____

Page 2 ends

ADOPTED THIS 25TH DAY OF JUNE 2025.

SCOTT C. 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 June 25, 202 5, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 25
th day of June, 2025.

BRENDA PREE

CITY CLERK

Item 1P - Page 6

ATTACHMENT B

Item 1P - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN

THE P ALM SPRINGS POLICE MANAGEMENT
ASSOCIATION FOR THE PERIOD JULY 1, 202 5
THROUGH JUNE 30, 202 8, SUBJECT TO ASSOCIATION
EXECUTING THE MEMORANDUM OF UNDERSTANDING.

WHEREAS, the City Negotiation Team has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Police Management Association (“PSPMA”); and

WHEREAS, as a result of such good faith negotiations, the City Negotiation Team have reached agreement PSPMA on the terms and conditions of a Memorandum of Understanding (“MOU”) governing employees of the City of Palm Springs within such Association; and

WHEREAS, PSPMA and the City Negotiation Team jointly recommend adoption of such MOU by the City Council;

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

SECTION 1. That the Memorandum of Understanding between PSPMA and the City, for the period July 1, 202 5, through June 30, 2028 , on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

Item 1P - Page 8
Resolution No. _____

Page 2 ends

ADOPTED THIS 25TH DAY OF JUNE 2025.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 25
th day of June, 2025.

BRENDA PREE

CITY CLERK
Item 1P - Page 9

ATTACHMENT C

Item 1P - Page 10

PALM SPRINGS POLICE

OFFICERS' ASSOCIATION
(PSPOA)

MEMORANDUM OF

UNDERSTANDING

July 1, 2025 – June 30, 2028
Item 1P - Page 11

2 The Palm Springs Police Officers’ Association
Memorandum of Understanding
July 1, 2025 – June 30, 2028

ARTICLE 15, COURT APPEARANCES ........................................................................................ 12 BENEFITS .................................................................................................................................................. 13 ARTICLE 16, HEALTH, DENTAL, VISION AND OTHER INSURANCE ....................................... 13 ARTICLE 17, RETIREE HEALTH INSURANCE............................................................................ 14 ARTICLE 18, RETIREMENT ......................................................................................................... 15 ARTICLE 19, EDUCATIONAL REIMBURSEMENT ...................................................................... 16 WORK HOURS/LEAVE .............................................................................................................................. 17 ARTICLE 20, HOURS OF WORK ................................................................................................. 17 ARTICLE 21, ANNUAL LEAVE ..................................................................................................... 18 ARTICLE 22, PAYMENT IN LIEU OF HOLIDAYS ........................................................................ 20 ARTICLE 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS’ COMPENSATION INJURY OR ILLNESS ........................................................................................................................................ 20 ARTICLE 24, REINSTATED EMPLOYEES ................................................................................... 21 ARTICLE 25, ADVANCED OFFICER TRAINING SCHEDULE ..................................................... 21 ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS ..................................................... 21 ARTICLE 27, LIGHT DUTY ASSIGNMENTS ................................................................................ 21 EMPLOYER/EMPLOYEE RELATIONS ..................................................................................................... 22 ARTICLE 28, DRUG POLICY/DRUG SCREENING ...................................................................... 22 ARTICLE 29, ANTI-NEPOTISM POLICY ...................................................................................... 22 ARTICLE 30, PROMOTIONAL PROCESS ................................................................................... 22 ARTICLE 31, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS ............................ 23 ARTICLE 32, WRITTEN REPORTS .............................................................................................. 23 ARTICLE 33, GRIEVANCE PROCEDURE ................................................................................... 23 ARTICLE 34, DISCIPLINARY APPEALS PROCESS ................................................................... 25 ARTICLE 35, ASSOCIATION TIME .............................................................................................. 29 ARTICLE 36, STRIKES AND WORK STOPPAGES ..................................................................... 29 ARTICLE 37, LAYOFF AND RECALL ........................................................................................... 29 ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS ............................................................... 30 ARTICLE 39, ASSOCIATION RIGHTS ......................................................................................... 31 ARTICLE 40, MISCELLANEOUS PROVISIONS .......................................................................... 31 EXHIBIT A - 700.00 TAKE HOME VEHICLES .............................................................................. 32 EXHIBIT B - DRUG POLICY/DRUG SCREENING ....................................................................... 34

EXHIBIT C - SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II AND III QUALIFICATIONS ......................................................................................................................... 36

Item 1P - Page 12

3 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN

THE CITY OF PALM SPRINGS

AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) July 1, 2025 – June 30, 2028

GENERAL PROVISIONS
ARTICLE 1, TERM
The term of this MOU shall be from July 1, 2025 through June 30, 2028.

ARTICLE 2, RECOGNITION
Pursuant to the provisions of the Meyers -Milias-Brown Act., Government Code Section 3500, et. seq., the City of Palm Springs (hereinafter called the "City") continues to recognize the Palm Springs Police Officers' Association (herein called the "Association") as the exclusively recognized employee organization for the employee unit of representation known as the Police Safety Unit, which is comprised of all employees in the Police Department in the following classifications:

Police Officer, Senior Police Officer, Master Police Officer, Police Sergeant, Police Sergeant II and Police Sergeant III.

ARTICLE 3, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations , and has been held to be invalid or unenforceable by any court or administrative agency, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 4, SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provis ions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City's Municipal Code. The Association and the City agree that all personnel rules not specifically included in the MOU shall be incorporated by reference herein. City reserves the right to add to, modify or delete from the Personnel Rules subject to its obligations under the Meyers-Milias-Brown Act.

ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS
The Association and the City agree that they had a full and unrestricted right to make, advance, and discuss all matters properly within the scope of meet -and-confer in accordance with State laws and local ordinances and regulations. Each party agrees that it shall not attempt to compel Item 1P - Page 13

4 negotiations during the term of this Agreement on matters that were raised during the negotiations that preceded this Agreement or matters that are specifically addressed in the Agreement. Except as expressly changed by this MOU, nothing contained herei n shall be deemed to have changed any past practices in so far as known to either party.

ARTICLE 6, SEPARABILITY PROVISIONS
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value.

Item 1P - Page 14

5 COMPENSATIONS AND OTHER PAY
ARTICLE 7, WAGES
Effective the pay period including July 1, 2025, unit members shall receive a five percent (5.0%) base salary increase.

Effective the pay period including July 1, 2025, step 1 of the salary schedule will be eliminated and the remaining steps will be renumbered. Step 2 prior to this MOU will become step 1 in this MOU. The remaining steps will be renumbered down one number as well.

Effective the pay period including July 1, 2026, unit members shall receive a four percent (4.0%) base salary increase.

Effective the pay period including July 1, 2027, unit members shall receive a three percent (3.0%) base salary increase.

For each classification represented by the Association, there is one range on the salary schedule.

ARTICLE 8, SPECIAL COMPENSATION

8.1 Motor Officer
Officers shall receive compensation of five percent (5%) of base pay while assigned as Motor Officers. The Police Department shall provide each Motor Officer with a helmet and jacket. The parties agree that to the extent permitted by law, Motor Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Motorcycle Patrol Premium.

In addition, Motor Officers will receive three (3) hours of pay per month at the rate of sixteen dollars and fifty cents ($16.50) (and will increase to the state minimum wage when it increases above $16.50) per hour for the off-duty responsibilities related to caring for their Motor Unit. The parties acknowledge that the FLSA, which governs the entitlement to compensation for off -duty motor duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty motor duties. The parties agree that the officers assigned to the Motor Program may work up to three (3) hours per month on off duty activities related to their motor. The hours derived at in this MOU were determined after an actual inquiry of the Officers assigned as Motor Officers as addressed by Leever v. City of Carson City , 360 F.3d 1014 (9th Cir. 2004). The parties also acknowledge that this pay is not compensation earnable and will not be reported to CalPERS.

8.2 Canine Officer
Officers assigned to the Canine Program shall receive compensation of five percent (5%) of base pay while assigned as Canine Officers. The City and Association understand and agree that the five percent (5%) compensation paid to Canine Officers is intended to compensate Canine Officers for their time on duty as Canine Officers. The parties agree that to the extent permitted by law, Canine Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Canine Officer/Animal Premium.

In addition, Canine Officers will receive fifteen (15) hours of pay per month at the rate of sixteen Item 1P - Page 15

6 dollars and fifty cents ($16.50) per hour (and will increase to the state minimum wage when it increases above $16.50) at time and one half for all off duty hours spent caring, grooming, feeding, and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The parties agree that th e officers assigned to the Canine Program may work up to fifteen (15) hours per month in off duty activities related to their Canine. The hours derived at in this MOU were determined after an actual inquiry of the Officers assigned in the Canine Program as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). The parties also acknowledge that this pay is not compensation earnable and will not be reported to CalPERS.

It is the intent of the parties through the provisions of this article to fully comply with the requirements of the FLSA. In addition, both parties believe that this article of the MOU does comply with the requirements of the FLSA.

8.3 Field Training Officers
Field Training Officers (FTO) designated as such by the Chief of Police shall hold that position for a period of four years. Officers designated FTO shall receive compensation of an additional 5% base pay while assigned as Field Training Officers. Normally a FTO completing their four-year period will not be eligible for reassignment as an FTO until they has been out of the program for two years.

Time requirements may be waived by the Chief of Police. Service time as an FTO may be extended by the Chief of Police. Eligibility for reassignment as an FTO may be waived. The Chief of Police shall determine the number of officers to be assigned as FTOs at any given time, but not less than eight FTOs. The Police Chief may remove with cause an officer from the duties of FTO.

The parties agree that to the extent permitted by law, Field Training Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Training Premium.

8.4 Lead Investigator Pay

Employees who are routinely and consistently assigned to a lead position over other employees in the detective bureau or traffic unit shall receive pay equal to 10% of base pay for the duration of their assignment. It is the intent of the parties that there will be two Lead Investigators in both the Detective and Traffic Division. Any employees who are assigned as Lead Investigators who are Motor Officers would receive Lead Investigator Pay, but would not receive Motor Officer Pay, but would receive the pay for the off-duty responsibilities related to caring for their Motor Unit.

The parties agree that to the extent permitted by law, Lead Investigator Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) as Lead Worker/Supervisor Premium.

8.5 Bilingual Pay
The following provisions on bilingual pay shall apply.

The parties agree that a minimum of twenty -one (21) officers shall be entitled to bilingual pay for Item 1P - Page 16

7 their services as bilingual officers.

Employees hired prior to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to five percent (5%) for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive two and one half percent (2.5%) of base salary for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and one half percent (2.5%) of base salary for passing the writing portion of the bilingual proficiency exam for up to a maximum of five percent (5%) of base salary.

Employees hired after to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to two hundred and fifty dollars ($250) per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive one hundred and twenty-five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty-five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam for up to a maximum of two hundred and fifty dollars ($250) per month.

The City will notify employees when they are required to re-test. An employee who passes one of the tests but not the other, will still be eligible to receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertification examination to which the employee did not pass. If the employee does not pass that recertification examination, the employee shall not be permitted to take the recertification examination for that skill until their two-year cycle to recertify has passed. The City will notify employees when they are required to re-test.

An employee receiving the pay who does not pass both recertification examinations is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examinations in both skills after waiting at least three (3) months after taking the initial recertification examinations to which the employee did not pass. If the employee passes one of the two examinations, they shall the respective incentive pay (2.5% or $125 per month) for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill for two years. The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

In addition to the being recertified, employees who are observed by a supervisor being deficient in the use of their bilingual skills shall, in order to continue to receive bilingual pay, be required to recertify their bilingual skills by taking and passing both (or only the one test if they receive only one of the bilingual pays) bilingual proficiency examinations within 30 days of the observation. If an employee fails one or both of the portions of the examination, they will need to wait until the next regularly scheduled recertification test(s) cycle to recertify for bilingual pay. If only one portion Item 1P - Page 17

8 of the exam is passed, the employee will lose the pay for the other half (2.5% or $125 per month) until they take the recertification test again.

The Police Chief shall determine the language needs at time of reopening of position. In the event that there are more qualified officers who apply for bilingual pay than the maximum number of bilingual positions available, the selection of the officers receiving such positions shall be based upon seniority.

Any officer who accepts a bilingual position shall be subject to scheduling at the discretion of the Police Chief and shall not be entitled to remain a part of the regular shift rotation, but such bilingual officers shall have a separate shift rotation by seniority among the bilingual officers.

For any employees in the bargaining unit who receive bilingual pay, they must sign up to be present at, and prepared to use their bilingual skills at one City Council meeting per year. If selected to attend a Council meeting for which the employee signs up, they shall adjust or flex their work schedule within that workweek so that they can be present at the Council meeting to utilize their bilingual skills.

The parties agree that to the extent permitted by law, Bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1 (b)(3) Bilingual Premium.

8.6 Longevity Pay
Employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full-time sworn law enforcement position with the City of Palm Springs or sworn law enforcement position with another law enforcement agency as follows:

10 years – 11 years and 364 days – 2.50%
12 years – 13 years and 364 days – 3.50%
14 years – 15 years and 364 days – 4.50%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.50%
20 years or more – 10.0%

Only employment in a sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32, 830.33, or the out-of-state equivalent as determined by the Chief of Police) shall be included as sworn law enforcement position with another law enforcement agency in the calculation of longevity.

The above percentages are of base pay and are paid for regularly scheduled hours, not overtime hours.

These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

The parties agree that to the extent permitted by law, longevity pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b )(1) Longevity Pay.

8.7 Educational Incentive Pay
Item 1P - Page 18

9 The City agrees to compensate members of the bargaining unit an additional 1.5% of base pay for an Associate's Degree, and 3.0% of base pay for a Bachelor's Degree. The pay will be paid for employee’s regularly scheduled hours, not overtime hours. The em ployee’s degree must be issued from a college or university accredited by either or both the Council for Higher Education Accreditation (“CHEA”) and/or the U.S. Department of Education (“USDE”). The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree.

An employee will start to receive the pay on the pay period following their provision of proof of their degree to the Human Resources Department.

The parties agree that to the extent permitted by law, educational incentive pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Incentive Pay.

8.8 Acting Out of Classification Pay

On the second consecutive day that a Police Officer is assigned by the Police Chief to act as a Police Sergeant or a Police Sergeant is assigned by the Police Chief to act as a Police Lieutenant the employee shall be entitled to additional compensation equal to the lowest step on the range of the higher classification which will provide an increase in pay of 5%, but not to exceed the top step of the classification for which the employee is performing out of class duties ("acting pay").

Such acting pay shall be prospective only, commencing on the second consecutive day the employee is assigned to act in the higher classification and continuing thereafter until the assignment ends as determined by the Police Chief.

The parties agree that to the extent permitted by law, acting out of classification pay is special compensation (temporary upgrade pay) for employees who are classic members under the Public Employees’ Pension Reform Act of 2013 (PEPRA) and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3). This pay is not reportable to CalPERS for employees defined as “new members” as defined by PEPRA.

ARTICLE 9, OVERTIME

9.1 Policy
Employees are eligible to receive overtime pay or compensatory time off, but they shall not work overtime unless authorized in advance to do so by the Police Chief or an appropriate authorized supervisor. The Police Chief shall be responsible for keeping accurate records of all overtime worked by employees.

For contract overtime (i.e., special detail overtime work performed for a third party who is paying for the work as provided for in the Department of Labor regulations implementing the FLSA at 29 C.F.R. Section 553.227) the minimum amount of pay is four (4) hours. Contract overtime must be paid. An employee cannot earn compensatory time off when earning contract overtime.

Employees shall be compensated for overtime worked at time and one- half (1.5) for the time worked in excess of forty (40) hours per work week. For the overtime computation, the forty hours worked includes paid leaves of absence. Notwithstanding the work schedule utilized by the Department, the City has adopted the 28- day work period in accordance with Section 7(k) of the Item 1P - Page 19

10 Fair Labor Standards Act. The City will pay overtime as it has historically paid in excess of the requirements of the FLSA.

9.2 Right to Receive Overtime Pay or Compensatory Time Off At the Police Chief's discretion, employees eligible to receive overtime pay may be permitted to accrue compensatory time off (earned at time and one half) in lieu of overtime pay.

9.3 Using Compensatory Time Off
The Police Chief or the Police Chief’s Designee shall approve a request to use compensatory time off as soon as operationally practical. Requests received with reasonable advance notice shall be approved as long as there is adequate staffing for that shift. Requests for time off will be considered in priority order in which they were received. The Police Chief or their designee may authorize overtime to fill shift vacancies created by compensatory time off requests. There shall be no obligation to grant all requests for time off should numerous requests be received simultaneously.

The Department will hire back up to two employees per shift as long as replacement officers can be hired. No officer shall be compelled to work in order to grant another employee compensatory time off. The parties agree that the policies set forth in this article are consistent with the law on use of compensatory time off as set forth by the FLSA, its regulations and case law decided on this issue.

9.4 Maximum Accumulation of Compensatory Time Off
No employee shall accumulate compensatory time off in excess of one hundred and sixty (160) hours. An employee who has accumulated the maximum amount of compensatory time shall not accumulate additional compensatory time when working overtime until the employee’s accumulation has been reduced below 160 hours. Employees promoted out of the bargaining unit (e.g., to the PMA), will have the compensatory time off cashed out at its current regular rate of pay prior to going into the promoted classification.

9.5 Using Compensatory Time Off for Paid Sick Leave
Accumulated compensatory time off may be used for paid sick leave purposes only if an employee has exhausted all accrued paid sick leave, has requested the use of compensatory time off, and has received the approval of the Police Chief.

ARTICLE 10, STANDBY PAY
Standby pay is available for those unit members assigned as detectives and/or traffic unit members who are designated by the Police Chief or designee as being on-call.

Unit members assigned to standby shall be paid one (1) hour of pay per day at the employee’s base hourly rate for every day assigned to standby.

The standby unit member shall be required to maintain, use and answer communication devices as determined by the Police Chief or designee.

Employees on standby shall be required to respond to the call or text as quickly as possible. Upon responding, the employee will be instructed as to whether they are required to return to work and will be informed of the location to which they must respond. Response time will generally be the Item 1P - Page 20

11 employee’s normal commute time and any additional minimal time necessary to get ready to return to work.

ARTICLE 11, CALL BACK
When an employee is called back to work while off duty, the employee shall receive a minimum of four (4) hours pay or four (4) hours of compensatory time. The Police Chief shall determine whether the employee receives pay or compensatory time. Employees who are called in to work less than four (4) hours prior to the start time of their regularly scheduled shift shall receive pay for the time actually worked but shall not be entitled to the minimum guarantee of four (4) hours provided in this article. Employees at work who are asked to stay at work shall receive overtime for actual hours worked, not call-back pay.

Employees called back to work shall be paid for actual travel time not exceeding one- half (1/2) hour which is included in the four (4) hour minimum.

ARTICLE 12, UNIFORM AND SAFETY EQUIPMENT ALLOWANCE
The City agrees to pay a uniform and safety equipment allowance to each Unit member as a reimbursement for expenses incurred for acquisition and maintenance of uniforms and safety equipment in an amount of one hundred and twenty-five dollars ($125) per month for the uniform allowance and ten dollars ($10) per month the safety equipment allowance. Motor officers shall receive one hundred and fifty dollars ($150) per month for the uniform allowance and ten dollars ($10) per month for the safety equipment allowance. The parties expressly agree that the payment each month of these allowances will cover the expenses of acquisition and replacement of all uniforms and safety equipment required for the various assignments of police officers and police sergeants, and that these allowances will meet any and all obligations the City has by law to provide, furnish, use, or provide for uniforms and safety equipment. Employees shall be required to buy their own required uniforms and safety equipment and to maintain and replace, when necessary, any of the said items, from moneys received from the allowance. In consideration of the City's agreement to pay these allowances, the PSPOA agrees not to commence any litigation or other proceeding in which it is contended the City is failing to comply with a legal obligation to provide safety equipment.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR section 571(a)(5) and the City will report as special compensation, the value of the uniforms for a unit member who is a classic member employee per the Public Employees’ Pension Reform Act of 2013 (PEPRA) “New members” as defined by the PEPRA will not have the value of the uniforms reported as special compensation.

ARTICLE 13, MILEAGE REIMBURSEMENT
Employees shall receive mileage reimbursement in accordance with existing City policy, at the prevailing IRS rate.

ARTICLE 14, PROBATIONARY PERIOD FOR POLICE OFFICERS

The probationary period for the position of Police Officer if hired as a new Police Officer whose Item 1P - Page 21

12 first job is as a Police Officer with the City of Palm Springs, is eighteen (18) months. If hired as lateral Police Officer (a person who was a Police Officer at any other agency at the time of being hired by the City of Palm Springs) the employee’s probationary period is twelve (12) months.

Employees promoted to Police Sergeant shall serve a twelve (12) month probation.

An employee on probation who uses any form of leave with the exception of vacation or compensatory time off, that exceeds a cumulative total of fourteen (14) work days during the probationary period shall have their probation extended by the length of the leave of absence. In addition, the City can extend an employee’s probation by up to a maximum of ninety (90) calendar days. Employees will be notified of the extension of their probation prior to the expiration of their initial probationary period.

Failure to successfully complete probation as a Police Officer shall result in the employee being released from employment with no right to an administrative appeal. The failure to successfully complete probation as a Police Sergeant will result in the employee’s return to the Police Officer classification (Police Officer, Senior Police Officer or Master Police Officer) from which the employee was promoted.

A probationary Police Officer who is a new (as opposed to a lateral) Police Officer may be eligible for a merit increase at the sole discretion of the Chief of Police upon completion of twelve (12) months service. If the employee did not receive the merit increase at twelve (12) months and successfully completes their eighteen (18) month probationary period, the Police Officer shall receive their merit increase retroactively to twelve (12) months (i.e., they will receive their merit increases retroactively for six (6) months ). The employee’s anniversary date for future merit increases shall be the twelve-month anniversary of the employee’s hire date.

ARTICLE 15, COURT APPEARANCES

15.1 Compensation for Employees' Court Appearances
Employees who are subpoenaed to appear in court during non- working hours regarding official City business, shall be paid for actual court time with a minimum of four (4) hours pay for each day's appearance at time and one-half (1-1/2) times the officer's regular hourly rate of pay.

15.2 Cancelled Subpoenas
If a subpoena of the type referred to in section 15.1, above, is cancelled twenty-four (24) hours or more before the employee is scheduled to appear or by the end of the employee's last shift prior to the scheduled appearance time, whichever is later, no payment shall be due to the employee.

If the subpoena is cancelled less than twenty -four hours prior to the scheduled appearance or later than the end of the employee's last shift prior to the scheduled appearance time, whichever is later, the employee shall be paid a cancellation fee of Fifty Dollars ($50.00). Employees are required to call in to the court liaison officer or their backup to determine whether or not the subpoena has been cancelled. If an employee fails to call in sufficient time to avoid a cancellation fee, no fee shall be paid if the subpoena had in fact been cancelled and the information was available from the liaison officer or their backup. Similarly, no court pay shall be paid under this article if the employee failed to call in and the subpoena had in fact been cancelled.

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13 BENEFITS
ARTICLE 16, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 202 5 are set forth below. In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prior year by 4% or more the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a 4% increase above the primary plan’s (currently Blue Shield High PPO) prior year’s premium rates.

The Association acknowledges that the City’s agreement to pay up to four percent (4%) of the primary plan’s (currently Blue Shield High PPO) increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increase in the costs of health (primary plan), dental and vision is known, the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increased costs will be so that the Association is aware of how much more the City will be spending on these benefits in the following calendar year. The City will consider these increased costs in evaluating its positions in collective bargaining.

The above explanation of the health, vision and dental contributions are described with the example below involving the 2023-2025 rates:

A. In 2023, the Blue Shield High PPO single party rate was $1057.17.

B. In 2024, the rate increased to $1,091.64.

C. In 2025, that same rate went up to $1,325.33. The parties agree that it was the City’s responsibility to pay the first 4% of the 2025 increase on top of the 20 24 premium. The employee pays no increase for 202 5 as the premium amount did not exceed the 4% that the City contributes.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

16.1 Health, Dental and Vision Insurance
The City agrees to contribute up to the amounts below for calendar year 2025 for employees toward Health (including hospitalization, drug coverage through such program(s)), Dental and Vision insurance. Unit members will sign verification of dependent eligibility annually at open enrollment.

January 1, 2025
Type of Coverage Health Dental Vision
Single Party $1,138.97 $39.14 $13.42
Two-Party $2,186.23 $57.82 $13.42
Family $2,316.69 $87.22 $13.42
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14 The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

In order to opt out, an employee must sign an attestation that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”). An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year.

16.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to the employee.

16.3 IRS 125 Plan
The City agrees to provide an IRS 125 reimbursement Plan (health care and dependent care) for employees. The Association agrees that member employees who subscribe to the plan shall pay the Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the Plan Administrator during the enrollment period for the new plan year will become the responsibility of the employee to pay via direct billing.

ARTICLE 17, RETIREE HEALTH INSURANCE
For all employees hired prior to September 7, 2005, or who had already received a written offer of employment by that date, the City’s maximum contribution for its retired employees will be 75% of the insurance premium for retirees coverage upon completion of 20 continuous years of City service, and 100% payment for retirees coverage upon completion of 25 continuous years of City service. The City’s contribution as described above will be based on the coverage type (single, two-party or family) chosen by the employee at the time of retirement.

In the event of the employee’s death, the City’s contribution will end. The surviving spouse may remain on the plan as a retiree without a City contribution to the premium. Retired employees who have not completed 20 continuous years of City service shall be entitled to participate at their own cost in the Association’s health, hospitalization and drug coverage plan. All employees who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

For all employees hired after September 7, 2005, there will be no City contribution for retiree health benefits. The City will, however, make a $200.00 per month contribution to an employee Retiree Health Savings Plan and the associated fixed dollar cost of administration.

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15 ARTICLE 18, RETIREMENT

18.1 Retirement Formula
Unit members (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to June 17, 2011 are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Unit members (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired after June 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7% @ 57 formula provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three- year average final compensation as provided for by the PEPRA.

18.2 Employee Contributions to the Retirement System
A. Employees subject to the 3%@50 and 3%@55 formula:

Employees in the Unit shall pay their nine percent (9%) member contribution.

These employees also pay an additional three percent (3%) of compensation earnable of the employer rate as cost sharing (per Government Code Section 20516(f)). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) the base salary of all employees in the bargaining unit will be reduced by three percent (3%).

The twelve percent (12%) employee contribution is 9% member and 3% cost sharing. The parties acknowledge that this 12% contribution to retirement satisfies the 2018 legislative goal of the Public Employees’ Pension Reform Act that safety employees pay up t o 12% for their pensions.

B. Employees subject to the 2.7%@57 Formula – “New Members” as defined by PEPRA

Unit members who are defined as “new members” under the PEPRA, are covered by the

2.7%@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d).

These employees’ retirement will be calculated per the three- year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined each year by CalPERS in their annual valuation report.

Item 1P - Page 25

16 18.3 Adoption of IRS Code Section 414(h)(2) Resolution The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contribution is made on a pre-tax basis.

18.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:

A. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551

B. Death Benefit – Government Code section 21620

C. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635

D. 1959 Survivor Benefit Level 4– Government Code section 21574. Employees pay the employee portion of this benefit.

E. Military Relocation Credit - Government Code section 21024

F. Final Compensation Period One Year - Government Code section 20042 for classic members

G. 2% Cost of Living Allowance - Government Code section 21329

H. Prior Service - Government Code section 20055

I. Conversion of Sick Leave to Service Credit – Government Code section 20965 ARTICLE 19, EDUCATIONAL REIMBURSEMENT
A member of the Unit shall receive educational reimbursement for courses either approved through the Tuition Reimbursement Program as set forth in Personnel Rule 18.2 or for other work- related courses approved in advance at the discretion of the Police Chief and the Human Resources Director. The maximum reimbursement shall be as follows: No employee shall receive more than $3,000 per fiscal year in educational reimbursement, subject to a $20,000 cap per fiscal year for all employees in the bargaining unit.

Item 1P - Page 26

17 WORK HOURS/LEAVE
ARTICLE 20, HOURS OF WORK

20.1 Work Week
The normal workweek is forty (40) hours during the seven (7) day period starting 12:01 a.m.

Sunday and ending 12:00 midnight of the following Saturday.

20.2 Schedule - Specified, Non-Patrol Employees
Employees assigned to patrol duty, motorcycle duty or detective duty, the Personnel & Training Sergeant, the Traffic Sergeant, and Canine patrol officers, but excluding the School Campus Officer, shall be allowed to work on a four (4) ten (10) schedule, with the understanding that such schedule can include weekends at the discretion of the Police Chief. It is also agreed that the Personnel & Training Sergeant, and the Traffic Sergeant shall be subject to a "flex schedule", in that their time worked would be adjusted to minimize overtime and provide flexibility in performing their duties, attending official events and functions at which their attendance is necessary.

However, the regular scheduled hours of these employee will include three (3) contiguous days off per week.

The parties also agree that employees in the unit assigned as Community Policing Officer patrol duty may be assigned to work a 3/12 work schedule. A 3/12 work schedule is illustrated by example as follows:

Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Officer 1 12 12 12 8 Off Off Off 12 12 12 Off Off Off Off Officer 2 Off Off Off Off 12 12 12 Off Off Off 8 12 12 12

In this example, the unit member working the 3/12 work schedule shall not receive overtime compensation for working their regularly scheduled hours because the workweek for purposes of receiving MOU overtime shall begin exactly four hours after the start time of the eight hour shift for each employee assigned that work schedule. Thus, the employee will be scheduled to work 40 hours in that workweek.

If the City desires to modify an employee’s 4/10 work schedule to a 3/12 work schedule (and vice versa) the City shall provide the Association with at least 14 days’ advanced notice. The Association shall have the right to request to meet with the City to discuss any impacts it believes the change in work schedule will have on any members of the unit.

The Police Chief has the discretion to have Police Officers (any of the three classifications of Police Officers) assigned to the Palm Springs Airport and scheduled to work a schedule consisting of three 12-hour shifts per week with an additional eight (8) hour shift every other week.

20.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee of hours of work per day or per workweek or of days of work per work week in the event that the City has a fiscal budget crisis declared by the City Manager.

Item 1P - Page 27

I I I I I I I I I I I I I I I

18 20.4 Shift Assignments
For shift selection purposes, the early and late day shifts shall be considered separate, as it pertains to the four (4) ten (10) schedule. If the Association wishes to address issues of shift selection, it may make such requests to the Police Chief.

20.5 Work Commuting
Any employee hired after July 1, 2000 shall live within an hour’s distance of the Police Department so that the officer is able to report to work within an hour.

20.6 – Travel to Classes/Training

An employee who travels from their place of residence to a training or class shall only be paid for the travel time that exceeds their regular home to work commute time. For example, if an employee’s normal home to work commute time is 30 minutes and the travel to the training is 50 minutes, the employee should only submit the additional 20 minutes as travel/work time.

ARTICLE 21, ANNUAL LEAVE

21.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled work that is not properly chargeable to some other category of leave.

21.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or occupational sick leave as provided in this MOU up to the maximum of four hundred (400) hours. Although employees have the ability to cash out annual leave as addressed below, once an employee accrues 400 hours, they will not accrue additional annual leave until their accrual drops below 400 hours.

21.3 Annual Leave for Reinstated Employees (Employees Previously Employed by the City) Notwithstanding other provisions of this MOU, for annual leave purposes only, reinstated employees shall receive service credit for their prior regular (non -temporary) employment and shall accrue annual leave commencing with the effective date of such reinstatement at the current accrual rate applicable to the service credit they received.

21.4 Annual Leave General Provisions
Employees may utilize their annual leave at the discretion of the Police Chief. Annual leave need only be used to cover shifts on regularly assigned days, not additional shifts. Annual leave shall be paid at the employee's straight time base hourly rate of pay in effect during the leave period.

21.5 Accrual Rates
Annual leave shall accrue and vest (and is thus, subject to cash out) on the basis of each full month worked in accordance with the following schedule:

Item 1P - Page 28

19 Years Of Service Hours Accrued And Vested For
Each Full Month Worked
0 Through 5 8
6 Through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67

Annual leave shall begin to accrue on the first day of the month following employment with the City.

21.6 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours. An employee whose accrual is at 400 hours shall not accrue additional annual leave unless and until they use such leave bringing his balance below 400 hours or cashes in such leave per article 21.7 of this MOU.

21.7 Annual Leave Cash-In
By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of annual leave which they can accrue per year which will be earned in the following calendar year (with a maximum of 160 hours) at the employee’s base salary rate of pay. In the following year, the employee can receive the cash for the annual leave they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 13.34 hours per month - 160 hours per year, 80 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both the second pay day in July and the second pay day in November or the employee can elect to be paid their full amount they elected to cash out on the second pay day in November . However, if the employee’s annual leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out annual leave in the following calendar year and uses annual leave in that subsequent year, the annual leave used will come from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had an annual leave balance prior to January 1, the annual leave used will not result in a reduction in the amount of annual leave the employee will be eligible to cash out.

In addition to the above, an employee who did not make an irrevocable election to cash out the maximum permitted above (i.e., up to 160 hours per year) may be able to do so if they have an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen Item 1P - Page 29

20 emergency” exists shall be determined by the Human Resources Director at their discretion and not subject to the filing of a grievance. If such a request is made and granted, the employee will be able to cash out annual leave as described above (i.e., up to 80 hours with the second pay day in July and the second pay day in November or the entire 160 hours with the first pay day in July).

Under no circumstances may an employee cash out more annual leave than the employee has accrued or more than the maximum allowed to be cashed out in this Section. An employee who irrevocably elected to cash out less than 160 hours of annual leave will have the ability to increase it to 160 hours if they have an unforeseen emergency.

21.8 Payment of Annual Leave at Separation From City Employment Upon separation, all unpaid accrued and vested annual leave will be paid at the employee's current base salary rate of pay. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 22, PAYMENT IN LIEU OF HOLIDAYS
In lieu of all City recognized holidays, employees shall be paid 4.33 hours per pay period (for the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time base hourly rate.

The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) and 571.1(b)(4) holiday pay.

ARTICLE 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS’ COMPENSATION

INJURY OR ILLNESS

23.1 Industrial Leave
Employees who are compelled to be absent from duty because of illness or injury covered by the State of California Workers’ Compensation Insurance & Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid their normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850 and court interpretations of that law.

Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation, shall not be considered a break in continuous service for the purpose of their right to salary adjustment or to the accrual of annual/sick leave and seniority.

23.2 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of five hundred and twenty (520) hours. Sick leave shall begin to accrue on the first day of the month following employment with the City. Employees who accumulate over 520 sick leave hours will have an opportunity to cash out the excess hours over the 520 sick leave hours on the second pay day of July. Employees will have the option of depositing the excess hours into their deferred compensation account or converting the excess hours to taxable cash (as income). If an employee does not exercise the option to deposit the Item 1P - Page 30

21 excess hours into their deferred compensation account or convert it to taxable cash, the hours will be converted to cash by the City. In addition to having the option to cash out or place sick leave hours above 520 hours into deferred compensation on the second pay day in July, following the final pay day in December of each year, unit members with more than 520 hours of accrued sick leave in their sick leave account shall be cashed out of that sick leave down to 520 hours. These employees have the right to inform payroll that they want these funds to be placed into their deferred compensation account.

23.3 Accrual Rates
For the first twelve (12) months of continuous service employees shall accrue sick leave at the rate of five (5) hours for each full month of service.

After completion of twelve (12) months of continuous service, employees shall accrue sick leave at the rate of ten (10) hours for each full month of service.

23.4 Disposition of Sick Leave upon Retirement
Unless converted to service credit, unit members shall be paid for accrued, vested and unused sick leave and excess sick leave (having been accrued at that time of the year) upon a public safety service or disability retirement. All unpaid accrued and ves ted sick leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 24, REINSTATED EMPLOYEES
An employee who leaves employment (i.e., not an employee on a leave of absence, but who is no longer a City employee) with the City and returns to work to a position in this Unit within one (1) year thereafter shall be treated in all respects as a new employee regarding shift assignments, scheduling of vacations and days off and with respect to promotions. Benefit accruals for such reinstated officers shall be governed by the existing benefit accrual rules.

ARTICLE 25, ADVANCED OFFICER TRAINING SCHEDULE
The Association agrees that City can change schedules three (3) times a year to accommodate Advanced Officer Training Schedule. Each schedule change shall not exceed fourteen (14) days.

If training occurs during Spring Break schedule, it will be considered Advanced Officer Training.

ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief shall determine the number of officers to be assigned as detectives at any given time and shall determine whether or not there is a continuing need to have any given officer work as a detective.

ARTICLE 27, LIGHT DUTY ASSIGNMENTS
The City and the Association agree that the Police Chief shall have complete discretion to decide whether or not light duty work can be made available to an employee who is unable to perform their regular duties due to an illness or injury whether industrial or not. The parties acknowledge that light duty is addressed by Department Lexipol Policy 1028.

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22 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 28, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B. The parties acknowledge and agree that this topic is subject to meet and confer per the Meyers Milias Brown Act.

ARTICLE 29, ANTI-NEPOTISM POLICY

29.1 The PSPOA and the City agree that no persons related by blood may be employed in the Palm Springs Police Department at the same time. Consistent with the definition for non- spouse relatives in City Personnel Rule 9.4, related by blood shall include an employee’s child, parent, grandparent, brother, sister, grandchild, uncle, nephew, niece and first cousin. This Article does not apply to sibling relationships or parent/child relationships if the sibling, parent or child is within 24 months of normal retirement.

29.2 Consistent with City Personnel Rule 9.4, the initial employment of persons related by marriage to City employees will not be permitted within the Palm Springs Police Department unless specifically approved by the City Manager.

A. They shall not work the same patrol hours. For purposes of this regulation, motors will be viewed as a patrol assignment.

B. They shall not work on the same shift or any shift that overlaps with a shift that the other spouse works.

C. They shall not work any overtime or contract overtime at the same time.

D. They shall not work any special assignments at the same time, including task forces.

E. They shall not supervise one another at any time.

F. They shall not be assigned to investigate one another or in any manner participate in an investigation of an incident that involves a spouse, including but not limited to incidents where the spouse is an investigator, subject, victim or witness in the incident.

Supervisors may make exceptions to A. through D. only in emergency situations.

ARTICLE 30, PROMOTIONAL PROCESS
Whenever there is a promotion to the position of Police Sergeant, a Rule of 5, i.e., the top five candidates (assuming there are at least five) on the eligibility list in ranked order, shall be presented to the Police Chief for consideration. If any of the candidates chosen for promotion to Police Sergeant are passed over by the Police Chief, i.e., the Police Chief does not pick the highest Item 1P - Page 32

23 ranking person remaining on the list, the Chief will provide an explanation (orally or in writing) to the person passed over as to why another candidate was chosen for the promotion.

ARTICLE 31, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS Employees are precluded from carrying any weapon other than a weapon of the type or types prescribed by the Police Department and heretofore agreed upon with the Association.

ARTICLE 32, WRITTEN REPORTS
A unit member has the right to have an attorney present when preparing a written incident report for an officer -involved shooting. Such reports must be submitted to the watch commander or designated supervisor within three working days of the incident.

The attorney must be present when the report is submitted, in the event that the reviewing official needs further information.

ARTICLE 33, GRIEVANCE PROCEDURE

33.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory scope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association.

B. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well as any other rules as specified and complaints involving harassment shall be handled by a separate procedure.

C. Release or lay -off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

33.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

B. Initiation - A Unit employee must initiate the grievance within fifteen (15) days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.

C. Management Reply - Failure by management to reply to the employee's grievance within the time limits specified under the grievance procedure shall automatically grant the employee the right to process the grievance to the next level of review.

D. Failure to Submit to Next Level - If a Unit employee fails to submit from one level to the Item 1P - Page 33

24 next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

E. Waiver by Mutual Agreement - Any level of review or any time limits established in the procedure may be waived or extended by mutual agreement between the Unit employee and management, which must be confirmed in writing.

F. Outside of Authority - If the supervisor, manager, or Police Chief designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or Police Chief, shall so inform the grievant and forward the grievance to the next higher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

33.3 Informal Resolution
A. The responsibility of a Unit employee with a bona fide grievance concerning terms and conditions of employment is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally.

B. If such informal discussion does not resolve the grievance to the Unit employee’s satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section.

33.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and date, and submit it to their immediate supervisor (a Lieutenant or above) within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the Unit employee and such employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

B. If the written response of the immediate supervisor (a Lieutenant or above) does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature, to the Police Chief within seven (7) days of the Unit employee’s receipt of the supervisor’s response. The Police Chief may investigate the grievance and may set a meeting with the Unit employee, employee’s designated representative, and other persons as deemed appropriate to consider the grievance. Within thirty (30) days of receipt of the grievance by the Police Chief, the Police Chief shall submit a response to the grievance to the Unit employee and employee’s representative, if applicable.

C. If the response by the Police Chief, does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature to the Human Resources Director, for submission to the Office of the City Manager, within seven (7) days of the unit employee’s receipt of the Police Chief’s response. The City Manager or designated representative, may set a meeting with the Unit Item 1P - Page 34

25 employee, employee’s designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the Unit employee and employee’s representative, if applicable. The decision of the City Manager Office is final and binding.

D. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or for bringing any grievance as defined in Section 33.1A.

ARTICLE 34, DISCIPLINARY APPEALS PROCESS
The disciplinary appeals process is as follows:

34.1 Property Interest Discipline
A. Appeals Procedure

1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed with the Director of Human Resources within ten (10) days of receipt of a written notice of discipline, this process will be used which includes the use of a hearing officer.

2. The City and the employee or their representative may agree on the hearing officer. If they cannot agree, the hearing officer shall be chosen from a panel of seven (7) hearing officers from a list provided State Mediation and Conciliation Service. The parties shall alternately strike names until one hearing officer remains. The parties shall flip a coin with the winner of the coin flip getting to choose whether to strike the first name or the second name. Names will be struck until the hearing officer is selected.

3. The hearing officer shall submit an advisory decision setting forth findings, conclusions, and recommendations to the City Council.

B. Hearings

1. The hearing shall commence no more than ninety (90) calendar days from the date the hearing officer is selected provided that the parties may agree to a longer period to commence the hearing.

2. All disciplinary hearings shall be closed to the public unless the affected employee requests that the hearing be open to the public.

26 same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence.

4. Each party shall have these rights: to be represented by legal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross -examine opposing witnesses; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against them. If the employee appealing the discipline does not testify on their own behalf, they may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be paid for by the City. However, if the employee wants to order a transcript the City will not pay for the cost of that transcript. The cost of the hearing officer will be paid for by the City.

5. The hearing shall proceed in the following order, unless the hearing otherwise directs:

a. Opening statements shall be permitted with the City proceeding first.

b. The City shall proceed first in the hearing. If witnesses are called, the opposing party shall have the right to cross -examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination.

c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case.

d. Closing arguments and written briefs shall be permitted.

e. The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. The hearing officer shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason believed to be important to reaching a fair and proper decision.

f. The hearing officer may recommend sustaining, rejecting or modifying the disciplinary action but not increasing the proposed discipline.

27 appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Council's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Council’s decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6.

7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) calendar days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer.

8. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the employee or representative and the representative for the City.

34.2 Appeals Procedures for Punitive Action for Which There Is No Property Interest A. Appeals Procedure:

In accordance with Government Code section 3304.5, the following procedure shall be used if an employee is subject to punitive action which does not implicate a property interest as defined by the Public Safety Officers Procedural Bill of Rights Act that does not involve termination from employment, demotion, suspension or a reduction of pay.

1. Appeal to the Police Chief or Designee

a. An employee who receives notice of a punitive action shall be entitled to appeal the action to the Police Chief prior to the effective date of the punitive action. The appeal is an opportunity for the employee to present written material and arguments why a punitive action should not occur or offer alternatives to the action.

b. Notice of Appeal: Within fourteen (14) calendar days of receipt by an employee of notification of a punitive action, the employee shall notify the Police Chief in writing of the intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.

2. Hearing

a. Hearing Officer: The Police Chief or designee shall act as the hearing officer. The Police Chief shall have twenty (20) days from receipt of the request to schedule an appeal hearing. The hearing shall take place within ninety (90) calendar days of the date the employee appealed the punitive action or such other time as may be agreeable by the parties.

b. Burden of Proof:

(1) If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, Item 1P - Page 37

28 and/or City or Police Department regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.

For example, if the Police Department affected a non- disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being overturned as long as it was reasonable, even if one or more persons might disagree with the decision.

(2) If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

For example, if an employee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

c. Conduct of Hearing:

The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed.

(1) The parties may present arguments through documents and statements.

(2) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.

(3) Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.

(4) Representation: The employee may be represented by an association representative or attorney of their choice.

d. Decision:

After the hearing, a decision will be submitted in writing within forty-five (45) calendar days. The decision shall be served by first class mail, postage pre -paid, upon the employee as well as any attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the employee that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

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29 ARTICLE 35, ASSOCIATION TIME
The Police Chief has the authority to grant the Association President, or their designee, time off with pay to attend conferences or other events not to exceed forty (40) hours in a calendar year (except as shall otherwise be provided by the Chief of Police).

The Association shall be provided with seven hundred and fifty (750) hours of paid release time annually to be used by Association Board members to conduct union business. The 750 hours are to be used for release from work. The 750 hours cannot be used by an employee during an employee’s off duty hours and then applied to work hours. The 750 hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it. Board members wishing to use this release time must seek approval from their supervisor in advance. Approval will be granted if reasonable notice is provided to address the workload or any operations issues caused by the Board member’s absence. However, the Department, through its supervisors, retains the discretion to deny a request to use such time for operational reasons but cannot and will not act unreasonably in granting a request to use such time. This release time does not accrue. Each January 1 st there will be seven hundred and fifty (750) hours to be used for the calendar year. If any of the 750 hours are not used, they do not carry over to the next year. The POA President is responsible for keeping track of the hours used by the Association and will inform the Human Resources Director each quarter of the hours used by the Board members.

ARTICLE 36, STRIKES AND WORK STOPPAGES

36.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick-out, or any other unlawful job action or concerted activity by withholding or refusing to perform services.

Any employee who participates in any conduct prohibited in Article 36.1above, may be subject to suspension, demotion or dismissal by the City.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Article 36.2, Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Procedure and dues deduction.

36.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Article 36.1, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Article 36.1 and return to work.

ARTICLE 37, LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except that if a Police Sergeant bumps to Police Officer as a result of layoffs, the "Classification Seniority" in the position of Police Item 1P - Page 39

30 Officer will be defined as the time in the classification of Police Officer plus the time in classification of Police Sergeant. Where Personnel Rule 13.3 indicates that job performance shall be considered, for members of the Police Safety Unit, an employee's final ranking of the eligibility list for the position will be considered instead.

ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities imposed by law, the City of Palm Springs has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services and therefore the following matters shall be within the exclusive discretion of the City:

A. To determine issues of public policy;

B. To determine the merits, necessity, or organization of any service or activity conducted by the City;

C. To determine and change the facilities, methods, means, and personnel by which City operations are to be conducted;

D. To expand or diminish services;

E. To determine and change the number of locations, relocations, and types of operations and the processes and materials to be employed in carrying out all City functions, including but not limited to, the right to subcontract any work or operations;

F. To determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to determine the days and hours when employees shall work;

G. To relieve employees from duty because of lack of work or other non-disciplinary reasons;

H. To discharge, suspend, or otherwise discipline employees for proper cause in accordance with established personnel rules;

I. To determine job classifications;

J. To hire, transfer, promote, and demote employees for non-disciplinary reasons;

K. To determine policies, procedures and standards for selecting, training and promotion of employees;

L. To establish employee performance standards including but not limited to, quality and quantity standards;

M. To establish reasonable work and safety rules.

The City , in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization.

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall Item 1P - Page 40

31 impact on a significant number of employees, the City and the Association agree to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unles s the matter of the exercise of such rights is provided for in this Agreement.

ARTICLE 39, ASSOCIATION RIGHTS
A. Deduction of dues and/or Association sponsored programs.

B. The Association shall have the right to use a Police Department bulletin board for communications with its members. Any communication shall be in accordance with applicable ordinances, statutes and laws.

C. The Association shall have the right and responsibility to use and maintain the “Officer/Employee of the Year Photo Display.”
ARTICLE 40, MISCELLANEOUS PROVISIONS
The parties will try to work cooperatively when handling claims against police officers and the City for the purpose having consistent positions to better handle such claims.

40.1 Joint Drafting
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party.

40.2 Modification
This MOU may only be modified or amended by written agreement between the parties and must be subsequently approved by the City Council.

40.3 City Council Approval
The City and the Association have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by the Association and have reached agreements which are set forth in this MOU. This MOU constitutes a joi nt recommendation by the City and the Association, after ratification of the Association's membership, to be submitted to the City Council for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. This MOU is of no force or effect unless or until ratified and approved by the City Council of the City.

40.4 Police Department Policy 700.00 – Take Home Vehicles This policy is attached and incorporated by reference into this Agreement as Exhibit A.

Item 1P - Page 41

32 EXHIBIT A - 700.00 TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for patrol officers living within either the Palm Springs city limits, or in certain instances, within 33 miles of the Palm Springs city limits as determined by Google Maps or another map software agreeable to both parties.

Motor Officers will be eligible for a take home motorcycle.

Marked police vehicles will be assigned as take home vehicles by the Police Chief to sworn officers who reside within the city limits of Palm Springs based upon vehicle availability and seniority of the officer.

Marked vehicles may also be assigned to officers in critical assignments requiring an immediate response. Critical assignments are described as sergeants, SRT, K -9 and Traffic. Unmarked police vehicles will be assigned to sworn officers in Detective, Traff ic (except Motor officers) and administrative positions.

No officer will be eligible to participate in the take home program until they have successfully completed their FTO training.

Notwithstanding any provision of this policy, the City of Palm Springs is only obligated to purchase a maximum of five (5) new vehicles per year pursuant to this policy. This means that if a unit member is unable to be provided a vehicle (because there are an insufficient number of operable vehicles to provide a take home vehicle to every member of the unit who would qualify for a vehicle) they will not be provided as such. In such case, the determination as to who will qualify for a take home vehicle will be based on seniority.

USE OF CAR
The take home vehicle is to be used in a manner that facilitates immediate response of the officer in case of call out. Use of the vehicle is restricted to a 33-mile radius from the City of Palm Springs city limits. A unit member who is assigned a take home car may use the car to commute back and forth to work, including stopping on the normal route for personal purposes. However, the take home car is not to be used as the unit member’s personal car when not commuting to or from work. This includes, but is not limited to, that the unit member is not to use the car on days when they are not working as well as on work days if not commuting to or from work. For unmarked vehicles, the unit member may transport members of their immediate family in the unit if doing so during their normal commute to or from work.

Officers, who are assigned to attend training classes, responding to a City of Palm Springs job- related court subpoena, or attending any other Department sanctioned event outside the city of Palm Springs, may use their assigned vehicle to attend the event.

Officers who are not assigned a take home vehicle shall park their assigned vehicle at the police department. Those officers have the option of responding to court or other department sanctioned events outside the city of Palm Springs either from the department in their assigned vehicle, or from their home, using their own vehicles and putting in for mileage reimbursement.

Item 1P - Page 42

33 DUTY TO RESPOND
Officers driving a take home vehicle may not ignore stranded or disabled motorists, traffic collisions, or any hazardous conditions they observe. The officer must have the equipment necessary to respond and shall activate the radio, notify Dispatch of the situation and take action if deemed appropriate.

PARKING
Officers who are not assigned a take home vehicle shall park their assigned vehicle at the police department or other City of Palm Springs facility as directed by the Chief of Police.

MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The City's contract car wash may be used as often as necessary to keep vehicles in a presentable condition.

It is the employee’s responsibility to make their assigned vehicle available to the City Shop for scheduled maintenance or when notified that additional service is required.

SUSPENSION OF PRIVILEGE
The take home privilege may be suspended if the officer has two or more preventable accidents within a three- year period, or if they fail to follow the guidelines set forth in this policy.

Item 1P - Page 43

34 EXHIBIT B - DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Association have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user, but also to co- workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. “On the job” means while on City premises, at work locations, or while on duty or being compensated on an “on call status.”

The City of Palm Springs and the Association recognize that their future is dependent on the physical and psychological well -being of all employees. The City and the Association mutually acknowledge that a drug and alcohol-free work environment benefits employees and citizens. The purpose of this Article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation.

Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers that are undertaken in accordance with the direction of the Police Department. Being under the influence of drugs or alcohol shall mean having a blood alcohol content of .04% or higher and having any residue or metabolite of illegal drugs in the body.

Section 2
When the City has a reasonable suspicion that an employee is, or may be, impaired or affected on the job by alcohol, marijuana or illegal drugs, or that alcohol, marijuana or illegal drugs are, or may be, present in an employee’s body in violation of the rules set forth in this policy, the employee shall be required to submit to an blood alcohol/drug screen test immediately upon demand by the City.

Reasonable suspicion of controlled substance or alcohol use may be based on appropriate factors, including excessive absenteeism or attendance problems, poor work performance or erratic, threatening or violent behavior coupled with other conditions, including but no limited to the following: bloodshot or watery eyes, very large or very small pupils, runny nose, excessive perspiration, nausea and vomiting, lack of coordination, slurred speech or unpredictable responses to ordinary requests.

Refusal to submit to such a test amounts to insubordination and shall be sufficient grounds for dismissal. Any employee failing such a test, or who tampers with the test specimen, shall be subject to dismissal from the City.

Section 3
Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the fact constituting reasonable suspicion and shall give the employee a copy.

This report must advise the employee of his right to representation. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug and alcohol screening, there shall be no delay in the testing process based on an employee’s request to be represented.

Item 1P - Page 44

35 Section 4
The supervisor, or designee, shall transport the suspected employee to the testing facility for a blood test. Testing shall occur on City time and be paid for by the City.

Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An employee who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by the City. The employe e should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if they so choose, a positive test result.

Section 6
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify their supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances.

Section 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City - sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to their employment. Employees should be aware, however, that a request for assistance through the EAP would not insulate the employee from disciplinary action already contemplated based on the employee’s violation of this policy.

Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City may refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement".

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36 EXHIBIT C - SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II

AND III QUALIFICATIONS
A Police Officer can be reclassified to the classifications of Senior Police Officer and Master Officer and a Sergeant can be reclassified to the classifications of Sergeant II and Sergeant III once the City certifies that the employee meets the minimum qualifications of the higher-level classification.

The minimum qualifications for each classification are as follows:

Senior Police Officer
A. Current or previous service of a minimum of two (2) years of experience within the past four (4) years as a Police Officer with a California law enforcement agency and have successfully completed a POST approved patrol field-training program.

B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record

C. Possession of a California Intermediate P.O.S.T. Certificate or an approved California Intermediate P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department

D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate.

Master Police Officer
A. Current or previous service of a minimum of three (3) years of experience within the past five (5) years as a Police Officer with a California law enforcement agency and have successfully completed a POST approved patrol field-training program.

B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record.

C. Possession of a California Advanced P.O.S.T. Certificate or an approved California Advanced P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department.

D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate.

Police Sergeant II
A. A minimum of one (1) year of experience as a Police Sergeant with the City of Palm Springs and currently on non-probationary status with the City of Palm Springs.

B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record.

Police Sergeant III
A. A minimum of two (2) years of experience as a Police Sergeant with the City of Palm Springs.

Item 1P - Page 46

37 B. A current performance evaluation in which the employee was rated overall satisfactory or higher.

C. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record.

D. Possession of a California Supervisory P.O.S.T. Certificate or an approved California Supervisory P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department.

To request reclassification to the next classification level, an employee must be actively at work, (i.e., not off on a leave of absence) complete a Reclassification Request form (including supporting documentation of required education or P.O.S.T Certification) and submit it for approval via the chain of command. If all qualifications are met, the Police Chief will authorize the Professional Standards Unit to generate a Personnel Action Form to initiate the reclassification.

The effective date of the reclassification is the beginning of the pay period after the Human Resources Department receives and certifies the employee has met all of the eligibility requirements. Upon reclassification, the employee will be placed at the same salary step as they are currently (i.e. upon reclassification, a Police Officer at Step 4 will be placed at Senior Police Officer Step 4). A reclassified employee will not be required to serve a new probationary period and the employee’s dates for performance evaluations and merit increases will remain on the same schedule.

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38 PALM SPRINGS POLICE OFFICERS’ ASSOCIATION REPRESENTATIVE Date:

By:

Lead Negotiator, Tiffany Moran Signature

By:

POA President, Joseph Cook Signature

By:

POA Vice President, Matt Steed Signature

By:

POA Treasurer, Jeff Burton Signature

By:

POA Secretary, Graciela Ramos Signature

CITY OF PALM SPRINGS

Date:

By: By:

City Manager Labor Attorney

Attest:

By: By:

City Clerk Director of Human Resources

Approved to form:

By:

City Attorney

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ATTACHMENT D

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PALM SPRINGS

POLICE MANAGEMENT

ASSOCIATION (PSPMA)

MEMORANDUM OF
UNDE

RSTANDING
Jul
y 1, 2025 – June 30, 2028
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2 The Palm Springs Police Management Association
Memorandum of Understanding
July 1, 2025 – June 30, 202

GENERAL PROVISIONS ............................................................................................................................. 3 ARTICLE 1, TERM .............................................................................................................................. 3 ARTICLE 2, RECOGNITION ............................................................................................................... 3 ARTICLE 3, PRACTICES ................................................................................................................... 3 ARTICLE 4, FEDERAL AND STATE LAWS ....................................................................................... 3 ARTICLE 5, MAINTENANCE OF BENEFITS ..................................................................................... 4 COMPENSATION/OTHER PAY................................................................................................................... 5 ARTICLE 6, SALARIES ...................................................................................................................... 5 ARTICLE 7, OVERTIME ..................................................................................................................... 5 ARTICLE 8, SPECIAL COMPENSATION .......................................................................................... 5 ARTICLE 9, UNIFORM AND CELL PHONE ALLOWANCE ............................................................... 8 ARTICLE 10, MILEAGE ...................................................................................................................... 8 BENEFITS .................................................................................................................................................... 9 ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE............................................ 9 ARTICLE 12, HEALTH INSURANCE FOR RETIREES .................................................................... 10 ARTICLE 13, RETIREMENT ............................................................................................................. 11 WORK HOURS/LEAVE .............................................................................................................................. 14 ARTICLE 14, WORK SCHEDULE .................................................................................................... 14 ARTICLE 15, ANNUAL LEAVE ......................................................................................................... 14 ARTICLE 16, HOLIDAYS .................................................................................................................. 15 ARTICLE 17, SICK LEAVE ............................................................................................................... 15 ARTICLE 18, DISPOSITION OF SICK, EXCESS SICK AND ANNUAL LEAVE UPON RETIREMENT .. 15 EMPLOYER/EMPLOYEE RELATIONS ..................................................................................................... 16 ARTICLE 19, DRUG POLICY/DRUG SCREENING ......................................................................... 16 ARTICLE 20, PAYROLL DEDUCTION ............................................................................................. 16 ARTICLE 21, STRIKES AND WORK STOPPAGE ........................................................................... 16 ARTICLE 22, GRIEVANCE PROCEDURE ....................................................................................... 16 ARTICLE 23, DISCIPLINARY APPEALS PROCESS ....................................................................... 18 ARTICLE 24, TAKE HOME VEHICLE PROGRAM........................................................................... 22 APPENDIX A. TAKE HOME VEHICLES .......................................................................................... 24 APPENDIX B - DRUG POLICY/DRUG SCREENING ....................................................................... 25

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3 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
AND

THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA)
July 1, 2025 – June 30, 2028

GENERAL PROVISIONS
ARTICLE 1, TERM
This Memorandum of Understanding (“ MOU”) shall be for the period commencing July 1, 202 5 and terminating June 30, 20 28 provided, however, that specific sections of this MOU shall have later effective dates as specified herein. No economic changes to this MOU will go into effect until the pay period following City Council approval unless this MOU specifically provides otherwise.

ARTICLE 2, RECOGNITION
This MOU is entered into with reference to the following facts.

A. The Palm Springs Police Management Association, hereinafter referred to as the Association, is the exclusively recognized employee organization for members it represents employed by the City in the Police Management Unit. The Association represents the classifications of Police Lieutenant and Police Captain.

B. The Association and the City have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by the Association and have reached agreements which are set forth in this MOU.

ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies, are hereby incorporated by this reference and made a part hereof as though set forth in full and except as provided herein shall remain in full force and effect during the term hereof. Al though ordinances, resolutions and policies, are incorporated by reference in the MOU, during the term of this MOU, either party may request to bargain about subjects not specifically addressed in the MOU.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any court or administrative agency, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

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4 ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the members represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

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5 COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
Effective the later of the pay period including July 1, 2025 or the pay period following City Council approval of this MOU, unit members shall receive a five percent (5.0%) base salary increase.

Effective the pay period including July 1, 2026, unit members shall receive a four percent (4.0 %) base salary increase.

Effective the pay period including July 1, 2027, unit members shall receive a three percent (3.0%) base salary increase.

For each classification represented by the Association, there is one range on the salary schedule.

ARTICLE 7, OVERTIME
Police Lieutenants shall be compensated for overtime worked at a rate of fifty percent (50%) above the employee’s regular hourly rate for the time worked in excess of forty (40) hours per work week. For the purpose of overtime computation, the forty (40) hours includes any leave of absence with pay. Police Lieutenants must be authorized by the Chief of Police or Police Captains to work overtime. Notwithstanding the work schedule utilized by the Department, the City has adopted the 28-day work period in accordance with Section 7(k) of the Fair Labor Standards Act.

The City will pay overtime as described above in excess of the requirements of the law. Both Police Captains and Police Lieutenants qualify as overtime exempt per the FLSA as managers who qualify for the Executive Exemption of the FLSA. Thus, the overtime provided herein is provided per this MOU and not per the requirements of the FLSA.

At the Police Chief's discretion, employees eligible to receive overtime pay may be permitted to accrue compensatory time off (earned at time and one half) in lieu of overtime pay. This is non- FLSA compensatory time off as set forth in 29 CFR section 553. 28. No employee shall accumulate compensatory time off in excess of one hundred and sixty (160) hours. An employee who has accumulated the maximum amount of compensatory time shall not accumulate additional compensatory time when working overtime until the employee’s accumulation has been reduced below 160 hours. An employee requesting to use compensatory time off must receive approval from the Police Chief or the Police Chief’s designee.

ARTICLE 8, SPECIAL COMPENSATION

8.1 Education Pay
A. POST Management Certification

PSPMA members shall receive five percent ( 5%) of base pay for possessing a Management Certification issued by Peace Officers Standards and Training (POST).

B. Education Incentive Pay

PSPMA members shall receive three percent (3%) of base pay for possessing a Bachelor’s Degree (BA or BS) from a college or university accredited by either the Council for Higher Item 1P - Page 54
6 Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).

PSPMA members shall receive five percent (5%) of base pay for possessing a Master’s Degree (MA) from a college or university accredited by either the Council for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”). An employee who receives pay for having a Master’s Degree shall not receive pay for having a Bachelor’s Degree.

If an employee has both a Master ’s Degree and a POST Management Certification, they shall receive four percent ( 4%) for the Master’s Degree and five percent (5%) for the Management Certification for a total of nine percent (9%).

The pay in Article 8.1 will be paid for employee’s regularly scheduled hours, not overtime hours.

The parties agree that to the extent permitted by law, the educational incentive pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and 571.1(b)(2) Educational Pay for the BA, BS or MA or Peace Officer Standards and Training (POST) Pay for the POST Management Certification.

8.2 Bilingual Pay
Employees in the bargaining unit receiving bilingual pay as of November 1, 2020 shall receive up to five percent (5%) of base salary for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive two and half percent (2.5%) of base salary for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and half percent (2. 5%) of base salary for passing the writing portion of the bilingual proficiency exam.

Employees who either enter ed the bargaining unit after November 1, 2020 or who were in the bargaining unit as of that date who first become eligible for bilingual pay after that date, shall receive up to $250 per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receiv e one hundred and twenty five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam.

The examinations shall be developed and administered by the City to demonstrate fluency in reading and writing, and speaking and listening the desired second language. All employees receiving bilingual pay must take and pass the prescribed examinations for each skill (one for speaking and listening and the other for writing) every five years to continue to receive bilingual pay for each skill . An employee who passes one of the tests but not the other, will still be eligible to receive bilingual pay at eit her two and one half percent (2.5%) or $125 (as described above) per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertification examination to which the employee did not pass. If the employee does not pass that r ecertification examination, the employee shall not be permitted to take the recertification examination for that skill for two years. The City will notify employees when they are required to re -test.

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7 An employee receiv ing the pay who does not pass both recertification examination s is no t qualified to receive bilingual pay. If the employee passes one of the two examinations , they shall either receive two and one half percent (2.5%) or $125 (as described above) per month for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill for five years. If the employee requalifies for bilingual pay and was receiving five percent (5%) or two and one half percent (2.5%) ( if they have only passed one of the recertification examinations), they shall go back to receiving the percentage for bilingual pay, not the flat dollar amount of $250 or $125. The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

For any employees in the bargaining unit who receive bilingual pay, they must sign up to be present at and prepared to use their bilingual skills at one City Council meeting per year. If selected to attend a Council meeting for which the employee signs up, they shall adjust or flex their work schedule within that workweek so that they can be present at the Council meeting to utilize their bilingual skills.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1 (b)(3) Bilingual Premium.

8.3 Longevity Pay
Employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full-time sworn law enforcement position with the City of Palm Springs or sworn law enforcement position with another law enforcement agency as follows:

Only employment in a sworn law enforcement position (as defined by California Penal Code sections 830.1, 830.2, 830.32 and 830.33 or the out -of-state equivalent as determined by the Chief of Police) shall be included as sworn law enforcement position with another law enforcement agency in the calculation of longevity.

The above percentages are of base pay and are paid for regularly scheduled hours, not overtime hours.

These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

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8 8.4 Acting Out of Classification Pay

On the second consecutive day that a Police Lieutenant is assigned by the Police Chief to act as a Police Captain or a Police Captain is assigned by the City Manager to act as the Police Chief, the employee shall be entitled to additional compensation equal to the lowest step on the range of the higher classification which will provide an increase in pay of 5%, but not to exceed the top step of the classification for which the employee is performing out of class duties ("acting pay").

Such acting pay sh all be prospective only, commencing on the second consecutive day the employee is assigned to act in the higher classification and continuing thereafter until the assignment ends as determined by the Police Chief or City Manager.

ARTICLE 9, UNIFORM AND SAFETY EQUIPMENT ALLOWANCE, AND PROVISION OF

CELL PHONE
The City agrees to pay one hundred and twenty five dollars ($125) per month for a uniform allowance to each employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special compensation, the value of the uniforms for a unit member who is a classic member employee per the Public Employees’ Pension Reform Act of 2013 (PEPRA). “New members” as defined by the PEPRA will not have the value of the uniforms reported as special compensation.

The City agrees to pay ten dollars ($10) per month for a safety equipment allowance to each employee as a reimbursement for expenses incurred for acquisition and maintenance of safety equipment.

The City will provide each employee a City provided cell phone.

ARTICLE 10, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate.

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9 BENEFITS
ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 20 25 are set forth below. In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prior year by 4% or more the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a 4% increase above the primary plan’s (currently Blue Shield High PPO) prior year’s premium rates.

The Association acknowledges that the City’s agreement to pay up to four percent (4%) of the primary plan’s (currently Blue Shield High PPO) increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increase in the costs of health (primary plan), dental and vision is known, the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increased costs will be so that the Association is aware of how much more the City will be spending on these benefits in the following calend ar year. The City will consider these increased costs in evaluating its positions in collective bargaining.

The above explanation of the health, vision and dental contributions are described with the example below involving the 2023-2025 rates:

In 2023, the Blue Shield High PPO single party rate was $1,057.17.

In 2024, the rate increased to $1.091.64.

In 2021, the employee paid no additional increase.

In 2025, that same rate went up to $1,325.33. The parties agree that it was the City’s responsibility to pay the first 4% of the 2025 increase on top of the 2024 premium. The employee pays no increase for 202 5 as the premium amount did not exceed the 4% that the City contributes.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

11.1 Health, Dental and Vision Insurance
The City agrees to contribute up to the amounts below for calendar year 202 5 for Unit members toward Health (including hospitalization, drug coverage through such program(s )) Dental and Vision insurance. Unit members will sign verification of dependent eligibility annually at open enrollment.

January 1, 2025
Type of Coverage Health Dental Vision
Single Party $1,138.97 $39.14 $13.42
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A.

D.
10 Two-Party $2,186.23 $57.82 $13.42
Family $2,316.69 $87.22 $13.42

The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if an employee elects to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California). In order to opt out, an employee must sign an attestation that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”). An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year.

11.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost t o employees in the unit.

11.3 AD&D Coverage
The City agrees to provide coverage of $50,000 for Accidental Death and Dismemberment (AD&D).

11.4 IRS 125 Plan
The City agrees to provide an IRS 125 reimbursement Plan (health care and dependent care) for employees. The Association agrees that member employees who subscribe to the plan shall pay the Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the Plan Administrator during the enrollment period for the new plan year will become the responsibility of the employee to pay via direct billing.

ARTICLE 12, HEALTH INSURANCE FOR RETIREES
A. Tier I:

Bargaining unit members hired prior to (or received a written offer of employment) October 20, 2005, shall receive health insurance for retirees as follows:

1. After 20 years of continuous full- time service, 75% of the premium for retiree health insurance coverage will be paid by the City.

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11 2. After 25 years of continuous full -time service, 100% of the premium for retiree health insurance coverage will be paid by the City.

The City’s contribution as described above will be based on the coverage type (single, two- party or family) chosen by the employee at the time of retirement.

In the event of the employee’s death, the City’s contribution will end. The surviving spouse may remain on the plan as a retiree without a City contribution to the premium.

3. Retired employees who have not completed 20 years of continuous City service (except for the two-year service credit option described in paragraph 1 below), shall be entitled to participate at their own cost in the health, hospitalization and drug coverage plan.

All Employees who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

4. Service Credit for Health Insurance For Retirees in Tier 1

Employees in Tier 1 shall be eligible for two years of service credit for the purpose of being eligible for retiree health insurance (e.g., an employee with 18 years of continuous service will be eligible for the benefits available to those with 20 years of continuous service) if in the month of June the employee makes an irrevocable offer to retire (which will be immediately accepted by the City) by no earlier than ninety (90) days from the date of notice or later than December 31 of that same calendar year.

Tier II:

For all employees initially hired by the City after October 20, 2005, there will be no City contribution for retiree health benefits. The City will, however, make a $200.00 per month contribution (to such employees’ Retiree Health Savings Plan) and the City will also pay the cost of the administration of the Plan.

ARTICLE 13, RETIREMENT

13.1 Retirement Formula
Unit members (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to June 17, 2011, are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Unit members (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired after June 17, 2011, are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ Item 1P - Page 60
B.
12 57 formula provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three -year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

13.2 Employee Contributions to the Retirement System
Employees subject to the 3%@50 and 3%@55 formula hired:

Employees in the Unit shall pay their nine percent (9%) member contribution.

The twelve percent (12%) employee contribution is 9% member and 3% cost sharing.

Employees subject to the 2.7% @ 57 Formula – “New Members” as defined by PEPRA:

Unit members who are defined as “new members” under the PEPRA, are covered by the

2.7%@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d).

These employees’ retirement will be calculated per the three -year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined each year by CalPERS in their annual valuation report.

13.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contribution is made on a pre-tax basis.

13.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:

B. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551

C. Death Benefit – Government Code section 21620

D. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635

E. 1959 Survivor Benefit Level 4– Government Code section 21574. Employees pay the employee portion of this benefit.

F. Military Relocation Credit - Government Code section 21024

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A.

B.
13 G. Final Compensation Period One Year - Government Code section 20042 for classic members

H. 2% Cost of Living Allowance - Government Code section 21329

I. Prior Service - Government Code section 20055

J. Conversion of Sick Leave to Service Credit – Government Code section 20965

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14 WORK HOURS/LEAVE
ARTICLE 14, WORK SCHEDULE
Association members work a 4/10 work schedule during times that are at the discretion of the Chief of Police. Any unit member whose work schedule is changed may request a meeting with the Chief of Police to discuss the change.

ARTICLE 15, ANNUAL LEAVE
Unit members shall be eligible to use annual leave once it is accrued. Annual leave shall accrue to a maximum of four hundred (400) hours. Although employees have the ability to cash out annual leave as addressed below, once an employee accrues 400 hours, they will not accrue additional annual leave until their accrual drops below 400 hours.

By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of annual leave which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the annual leave they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16.67 hours per month - 200 hours per year, 100 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both the second pay day in July and the second pay day in November or the employee can elect to be paid their full amount they elected to cash out on the second pay day in November. However, if the employee’s annual leave balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.

In addition to the above, an employee who did not make an irrevocable election to cash out the maximum permitted above (i.e., up to 200 hours per year) may be able to do so if they have an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen emergency” exists shall be determined by the Human Resources Director at their discretion and not subject to the filing of a grievance. If such a request is made and granted, the employee will be able to cash out annual leave as described above (i.e., up to 100 hours with the second pay day in July and the second pay day in November or the entire 200 hours with the first pay day in July). Under no circumstances may an employee cash out more annual leave than the employee has accrued or more than the maximum allowed to be cashed out in this Section. An employee who irrevocably elected to cash out less than 200 hours of annual leave will have the ability to increase it to 200 hours if they have an unforeseen emergency.

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15 Members shall accrue annual leave on a monthly basis in accordance with the following schedule:

Years of Service Hours Accrued Monthly
0 Through 5 12
6 Through 10 14
11 and after 16.67

Annual leave is vested. This means that once earned, it cannot be taken away by the City.

Association members can either use the annual leave or cash it out as described in this Article.

Upon separation, all unpaid accrued and vested annual leave will be paid at the employee's current regular rate of pay. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 16, HOLIDAYS
Unit members shall receive in lieu of all City recognized holidays, 4. 33 hours per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

ARTICLE 17, SICK LEAVE
Sick leave shall accrue at a rate of ten (10) hours of sick leave per month to a maximum of five hundred and twenty (520) hours. Employees who accumulate over 520 sick leave hours will have an opportunity to cash out the excess hours over the 520 sick leave hours twice per year on the last pay day of July and the second pay day of November . Employees will have the option of depositing the excess hours into their deferred compensation account or converting the excess hours to taxable cash (as income). If an employee does not exercise the option to deposit the excess hours into their deferred compensation account or convert it to taxable cash, the hours will be converted to cash by the City. Thus, following the final pay day in December, unit members shall not have more than 520 hours of accrued sick leave in their sick leave account.

ARTICLE 18, DISPOSITION OF SICK , EXCESS SICK AND ANNUAL LEAVE UPON

RETIREMENT
Accrued sick and excess sick leave shall be paid upon retirement from the City service. Upon separation all unpaid accrued and vested annual leave will be paid at the employee's current salary rate. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law. Employees in the Association may designate who shall receive their final paycheck, including the cash out of accrued leave.

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16 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 19, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B.

ARTICLE 20, PAYROLL DEDUCTION
The City will provide payroll deductions at request of the Association for dues, assessments, and other deductions authorized by the Association. Remittance will be bi -weekly to the Association's treasurer.

ARTICLE 21, STRIKES AND WORK STOPPAGE

21.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services.

Any employee who participates in any prohibited conduct listed above may be subject to suspension, demotion, or dismissal by the City.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction.

21.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in Article 21.1 and return to work.

ARTICLE 22, GRIEVANCE PROCEDURE

22.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory sc ope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association. Whenever a grievance is filed by an employee, the City will promptly notify the Association.

B. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well as any other rules as specified and complaints involving harassment shall be handled by a separate procedure.

C. Release or lay -off of employees during an initial probationary period after hire, Item 1P - Page 65
17 reinstatement, or reemployment is not subject to the grievance procedure.

22.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days" , are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

D. Failure to Submit to Next Level - If a Unit employee fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

F. Outside of Authority - If the supervisor, manager , or Police Chief designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or Police Chief , shall so inform the grievant and forward the grievance to the next higher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

22.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the Unit employee and such employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

B. If the written response of the immediate supervisor does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature, to the Police Chief within seven (7) days of the Unit employee’s receipt of the supervisor’s response. The Police Chief may investigate the grievance and may set a meeting with the Unit employee, employee’s designated representative, and other persons as deemed appropriate to consider the grievance.

Within thirty (30) days of receipt of the grievance by the Police Chief, the Police Chief shall submit a response to the grievance to the Unit employee and employee’s representative, if applicable.

Item 1P - Page 66
18 C. If the response by the Police Chief, does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature to the Human Resources Director, for submission to the Office of the City Manager, within seven (7) days of the unit employee’s receipt of the Police Chief’s response. The City Manager or designated representative may set a meeting with the Unit employee, employee’s designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the Unit employee and employee’s representative, if applicable. The decision of the City Manager Office is final and binding.

ARTICLE 23, DISCIPLINARY APPEALS PROCESS
The disciplinary appeals process is as follows:

23.1 Property Interest Discipline
A. Appeals Procedure

1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed with the Director of Human Resources within ten (10) days of receipt of a writt en notice of discipline, this process will be used which includes the use of a hearing officer.

3. The hearing officer shall submit an advisory decision setting forth findings, conclusions, and recommendations to the City Council.

B. Hearings

1. The hearing shall commence no more than ninety (90) calendar days from the date the hearing officer is selected provided that the parties may agree to a longer period to commence the hearing.

2. All disciplinary hearings shall be closed to the public unless the affected employee requests that the hearing be open to the public.

3. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious Item 1P - Page 67
19 affairs, regardless of the existence of any common law or statutory rule, which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence.

4. Each party shall have these rights: to be represented by legal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against them. If the employee appealing the discipline does not testify on their own behalf, they may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be paid for by the City. However, if the employee wants to order a transcript the City will not pay for the cost of that transcript. The cost of the hearing officer will be paid for by the City.

5. The hearing shall proceed in the following order, unless the hearing otherwise directs:

a. Opening statements shall be permitted with the City proceeding first.

b. The City shall proceed first in the hearing. If witnesses are called, the opposing party shall have the right to cross- examine the witnesses on any matter relevant to the issues, even though that matter was not covered on direct examination.

c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case.

d. Closing arguments and written briefs shall be permitted.

f. The hearing officer may recommend sustaining, rejecting, or mo difying the disciplinary action but not increasing the proposed discipline.

6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of Human Resources, who will forward them to the City Manager who then forward to the City Council. The City Council, in its sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer’s advisory decision. The City Council shall inform the employee appealing the discipline of its decision regarding the appeal within sixty (60) calendar days of the receipt of the hearing officer's report. The City Council may sustain, reject, or modify the findings of Item 1P - Page 68
20 the hearing officer but cannot increase the discipline proposed by the City. However, the City Council may extend the time to issue its decision beyond the sixty (60) calendar day period if it believes it is necessary. The decision of the City Council regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Council's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Council’s decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6.

8. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the employee or representative and the representative for the City.

23.2 Appeals Procedures for Punitive Action For Which There Is No Property Interest Appeals Procedure:

In accordance with Government Code section 3304.5, the following procedure shall be used if an employee is subject to punitive action which does not implicate a property interest as defined by the Public Safety Officers’ Procedural Bill of Rights Act that does not involve termination from employment, demotion, suspension or a reduction of pay.

1. Appeal to the Police Chief or Designee

Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.

2. Hearing

a. Hearing Officer: The Police Chief or designee shall act as the hearing officer. The Police Chief shall have twenty (20) days from receipt of the request to schedule an appeal hearing. The hearing shall take place within ninety (90) calendar days of the date the employee appealed the punitive action, or such other time as may be agreeable by the parties.

b. Burden of Proof:

Item 1P - Page 69
A.
21 (1) If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the limited purpose of t he hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.

For example, if the Police Department affected a non- disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being over turned as long as it was reasonable, even if one or more persons might disagree with the decision.

c. Conduct of Hearing:

(1) The parties may present arguments through documents and statements.

(2) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.

(3) Following the presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.

(4) Representation: The employee may be represented by an association representative or attorney of their choice.

d. Decision:

After the hearing, a decision will be submitted in writing within forty-five (45) calendar days. The decision shall be served by first class mail, postage pre- paid, upon the employee as well as any attorney or representative, shall be accompanied by an Item 1P - Page 70
22 affidavit or certificate of mailing, and shall advise the employee that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

ARTICLE 24, TAKE HOME VEHICLE PROGRAM
This policy is attached and incorporated by reference into this Agreement as Exhibit A.

ARTICLE 25, CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities imposed by law, the City of Palm Springs has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services and therefore the following matters shall be within the exclusive discretion of the City:

A. To determine issues of public policy;

B. To determine the merits, necessity, or organization of any service or activity conducted by the City;

C. To determine and change the facilities, methods, means, and personnel by which City operations are to be conducted;

D. To expand or diminish services;

G. To relieve employees from duty because of lack of work or other non-disciplinary reasons;

H. To discharge, suspend, or otherwise discipline employees for proper cause in accordance with established personnel rules;

I. To determine job classifications;

J. To hire, transfer, promote, and demote employees for non-disciplinary reasons;

K. To determine policies, procedures and standards for selecting, training and promotion of employees;

L. To establish employee performance standards including but not limited to, quality and quantity standards;

M. To establish reasonable work and safety rules.

The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization.

Item 1P - Page 71
23 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees, the City and the Association agree to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement.

ARTICLE 26, MISCELLANEOUS PROVISIONS
The parties will try to work cooperatively when handling claims against employees and the City for the purpose having consistent positions to better handle such claims.

26.1 Joint Drafting
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party.

26.2 Modification
This MOU may only be modified or amended by written agreement between the parties and must be subsequently approved by the City Council.

26.3 City Council Approval
The City and the Association have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by the Association and have reached agreements which are set forth in this MOU. This MOU constitutes a joint recommendation by the City and the Association, after ratification of the Association's membership, to be submitted to the City Council for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. This MOU is of no force or effect unless or until ratified and approved by the City Council of the City.

Item 1P - Page 72
24 APPENDIX A. TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for members of the bargaining unit living within either the Palm Springs city limits, or in certain instances, within 50 miles of the Palm Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262 as determined by Google Maps or another map software agreeable to both parties using driving directions.

USE OF CAR
The take home vehicle is to be used in a manner that facilitates immediate response of the officer in case of call out. Use of the vehicle is restricted to a 50-mile radius using driving directions from the City Palm Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262. A unit member who is assigned a take home vehicle may use the vehicle to commute back and forth to work, including stopping on the normal route for personal purposes. However, the take home vehicle is not to be used as the unit member’s personal car when not commuting to or from work.

This includes, but is not limited to, that the unit member is not to use the vehicle on days when the member is not working as well as on work days if not commuting to or from work. For unmarked vehicles, the unit member may transport members of their immediate family in the unit if doing so during their normal commute to or from work.

Unit members who are assigned to attend training classes, responding to a City of Palm Springs job-related court subpoena, or attending any other Department sanctioned event outside the City of Palm Springs, may use their assigned vehicle to attend the event.

Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the police department. Those unit members have the option of responding to court or other department sanctioned events outside the City of Palm Springs either from the department in their assigned vehicle, or from their home, using their own vehicles and putting in for mileage reimbursement.

DUTY TO RESPOND
Unit members driving a take home vehicle may not ignore stranded or disabled motorists, traffic collisions, or any hazardous conditions they observe. The unit member must have the equipment necessary to respond and shall activate the radio, notify Dispatch of the situation and take action if deemed appropriate.

PARKING
Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the police department or other City of Palm Springs facility as directed by the Chief of Police.

MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The City's contract car wash may be used as often as necessary to keep vehicles in a presentable condition. It is the employee’s responsibility to make their assigned vehicle available to the City Shop for scheduled maintenance or when notified that additional service is required.

SUSPENSION OF PRIVILEGE
The take home vehicle privilege may be suspended if the unit member has two or more preventable accidents within a three-year period, or if they fail to follow the guidelines set forth in this policy.

Item 1P - Page 73
25 APPENDIX B - DRUG POLICY/DRUG SCREENING
The Ci ty of Palm Springs and the Association have a vital interest in maintaining safe, healthful, and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but also to co- workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of alc ohol on t he job also poses unacceptable risks for s afe, healthful and efficient operations. "On t he j ob" means while on City premises, at work locati ons, or while on duty or being compensated on an "on call status".

PSP
MA and the City recognize that their future is dependent on the physical and psychological well-being of all employees. PSPMA and the City mutually acknowledge that a drug and alcohol- free work environment benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place.

The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation.

SECTION 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited.

SECTION 2
When reasonable suspicion exists, the City may require an employee to s ubmit to a substance screening. The employee w ill be giv en t he option to select a bl ood test or u rinalysis.

Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform their job safely is reduced.

SECTION 3
Any manager or supervisor requesting an employee to s ubmit to a s ubstance screening shall document in w riting the facts constituting reasonable suspicion and shall give t he employee a copy. This r eport must advise the employee of the right to r epresentation. The employee s hall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a r easonable time or the employee will then be orde red to submit to a substance screening. Any employee w ho refuses to s ubmit to a s ubstance screening may be considered insubordinate and shall be subject to di sciplinary action up to and including termination.

S
ECTION 4
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor.

Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system that includes methods Item 1P - Page 74
26 or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certifi ed by t he National Institute of Drug Abuse and comply with established guidelines for "chain of custody" to insure t hat i dentity and integ rity of t he s ample is preserv ed thr oughout the collecting, shipping, testing and storage process.

SECTION 5
Any positive test for alc ohol or drugs w ill be c onfirmed by a scientifically s ound method. An employee who tests positive on a c onfirmatory test w ill be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to s how proof of any valid medical prescription for any detected substance or to otherwise explain, if the employee so chooses, a positive test result.

SECTION 6
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs whi ch are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify their supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these ci rcumstances.

SECTION 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with c omplete c onfidentiality and wit hout adverse consequences to their employment. E mployees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated.

Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by t he employee to enroll, participate i n and su ccessfully c omplete a r ehabilitation and/or counseling program and ot her terms and conditions in a "Last Chance Agreement."

Item 1P - Page 75
27 PALM SPRINGS POLICE MANAGEMENT ASSOCIATION REPRESENTATIVE

Date:

By:

PMA Member Signature

By:

PMA Member Signature

CITY OF PALM SPRINGS

Date:

By: By:

City Manager Labor Attorney

Attest:

By: By:

City Clerk Director of Human Resources

Approved to form:

By:

City Attorney

Item 1P - Page 76
Council Approval :

CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:

APPROVE CONSTRUCTION CONTRACT NO. 25B168 WITH CALIFORNIA

WATERS DEVELOPMENT INC, DBA CALIFORNIA WATERS FOR THE

RENOVATION OF EXISTING SPRAY GROUND AT DOWNTOWN PARK
RECOMMENDATION:

Approve Construction Contract No. 25B168 with California Waters Development Inc, dba California Waters, to fully renovate the existing spray ground system at Downtown Park, in an amount not to exceed $520,514.75;

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

Attachments
Item 1Q

CITY COUNCIL STAFF REPORT

DATE: JUNE 25, 2025 CONSENT CALENDAR

SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 25B168 WITH

CALIFORNIA WATERS DEVELOPMENT INC, DBA CALIFORNIA

WATERS FOR THE RENOVATION OF EXISTING SPRAY GROUND AT

DOWNTOWN PARK

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Construction Contract No. 25B168 with California Waters Development Inc, dba California Waters, in the amount of $520,514.75 for the renovation of the spray ground at Downtown Park.

RECOMMENDATION:

1) Approve Construction Contract No. 25B168 with California Waters Development Inc, dba California Waters , to fully renovate the existing spray ground system at Downtown Park, in an amount not to exceed $520,514.75;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B), California Waters Development Inc, dba California Waters is a corporation registered in the state of California.

BACKGROUND:

The City of Palm Springs recently completed a competitive bid process for the comprehensive repair and renovation of the spray ground system at Downtown Park, part of City Project No. 15-07. The existing system is currently nonfunctional and requires full replacement of key components to obtain safe and reliable operation. The scope of work, based on plans prepared by Aquatic Studio Inc. dated February 19, 2025, includes demolition, mechanical, electrical, plumbing, and control system upgrades. S pecific Item 1Q - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Approve Construction Contract with California Waters

improvements involve pump and filter replacements, chemical feed and storage systems, control panel modifications, system programming, and safety enhancements. The project also includes startup, commissioning, and a 30-day post-completion maintenance period.

This renovation follows the City’s prior challenges with the original construction phase of City Project No. 15-07, for which the City Council awarded a $7.6 million contract to Fast- Track Construction Corporation (FTC) in October 2019. Despite an initial 365 -day schedule and extensions totaling 106 days, FTC failed to meet critical milestones. Issues included persistent workforce shortages, poor subcontractor coordination, failure to complete multiple punch list items, and a defective underground water feature system requiring substantial repairs.

On June 16, 2022, after continued non- performance, the City Council adopted a resolution declaring FTC in default of the contract. FTC had abandoned the site, failed to maintain required bonds and insurance, and accrued over $2 million in liquidated damages while subcontractors filed numerous stop payment notices. The City subsequently initiated bond enforcement procedures to recover costs and facilitate project completion.

The current spray ground renovation project addresses unresolved deficiencies from the original contract and establishes a long- term, functional solution. It reflects the City’s ongoing commitment to completing and maintaining the Downtown Park as a safe, vibrant, and high-quality public space for residents and visitors alike.

STAFF ANALYSIS:

An Invitation for Bids (IFB 25-05) was initiated by the City’s Procurement and Contracting Department on May 5, 2025, based on the Department of Public Works specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Two bids were received by the May 29, 2025, deadline as follows:

Vendor Bid
Greentech Industry, Inc. – Pleasant Hill, CA $257,390.00 California Waters Development Inc – Yorba Linda, CA $520,514.75

Greentech Industry Inc. was the low bidder; however, their bid was deemed non- responsive and rejected as their bid forms were incomplete. Public Works staff prio r to bidding had the project plans and specifications reviewed by a third- party construction estimating service with their estimated cost at $ 569,235.08, in-line with the responsive bid from California Waters. Therefore, staff recommends approval of construction Contract No. 25B168 with California Waters Development Inc, dba California Waters in the amount not to exceed $520,514.75. The contract specifies a total construction duration of 90 working days to complete all work, including demolition, installation, and system commissioning.

Item 1Q - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
Approve Construction Contract with California Waters

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. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has determined that Replacement existing spray ground and installations are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Measure J account 2603080-80000 (15- 07-MEAS J -MEAS J -CON) and Quimby account 1522000-80000 ( 15-07-QUIMBY- PARKIMPRV-PE).

REVIEWED BY:

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

ATTACHMENTS:

A. Construction Contract No. 25B168
B. Public Integrity Disclosure Form
Item 1Q - Page 3

ATTACHMENT A
Item 1Q - Page 4
55575.18100\42920836.2

Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT

CONSTRUCTION CONTRACT 25B168

PALM SPRINGS DOWNTOWN PARK SPRAY GROUND

1. PARTIES AND DATE.

This Contract is made and entered into this 25 th day of June , 2025 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and California Waters Development Inc, dba California Water a California Corporation (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

1. RECITALS.

1.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

1.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in pr oviding renovation of the existing spray ground system and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C53, C36, C10.

1.3 Project. City desires to engage Contractor to render such services for the renovation of the existing spray ground system within the Downtown Park (“Project”) as set forth in this Contract.

1.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond and insurance documents as required by the Contract.

2. TERMS

2.1 Compensation and Payment.

2.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Five Hundred Twenty Thousand Five Hundred and Fourteen Dollars and Seventy-Five Cents ($520,514.75) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

2.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since Item 1Q - Page 5
55575.18100\42920836.2

Revised 8.9.23 Page 2 of 44

commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

2.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

2.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

2.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

2.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

Item 1Q - Page 6
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Revised 8.9.23 Page 3 of 44

2.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

2.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

2.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

2.2 Period of Performance and Liquidated Damages.

2.2.1 Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor.

Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffe r damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Dollars Five Hundred ($ 500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

2.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

2.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such Item 1Q - Page 7
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strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. 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.

2.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Fleet Compliance Certification (Exhibit “H”)
• Addenda
• Change Orders executed by the City
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

2.4 Contractor’s Basic Obligation; Scope of Work.

2.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.

Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

2.4.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in Item 1Q - Page 8
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the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

2.4.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

2.4.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

2.4.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

2.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than Item 1Q - Page 9
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thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

2.6 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

2.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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2.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract.

2.9 Labor.

2.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

2.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

2.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1-1/2) times the basic rate for that worker.

2.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what Item 1Q - Page 11
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respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

2.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

2.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.

Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

2.10 Performance of Work; Jobsite Obligations.

2.10.1 Water Quality Management and Compliance.

2.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

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2.10.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

2.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

2.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

2.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

2.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

2.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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2.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

2.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

2.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

2.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

2.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

2.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.

Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non- responsive.

Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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2.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

2.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters.

2.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

2.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

2.12 Claims; Government Code Claim Compliance.

2.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

2.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

2.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a Item 1Q - Page 16
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request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

2.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

2.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2.12.4.2 List of documents relating to claim:

A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other

2.12.4.3 Chronology of events and correspondence

2.12.4.4 Analysis of claim merit

2.12.4.5 Analysis of claim cost, including calculations and supporting documents

2.12.4.6 Time impact analysis in CPM format

2.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

2.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

2.12.5 City’s Response . Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

2.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of Item 1Q - Page 17
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time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

2.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

2.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

2.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

2.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

2.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

2.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Item 1Q - Page 18
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Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

2.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

2.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

2.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

2.12.10 Government Code Claim Procedures.

2.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

2.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

2.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.

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2.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

2.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

2.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminat e this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

2.14 Indemnification.

2.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

2.14.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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2.15 Insurance.

2.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

2.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

2.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

2.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

2.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

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2.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

2.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

2.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

2.15.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

2.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

2.15.4 Builders’/All Risk Policy Requirements . The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

2.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.

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2.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

2.15.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

2.15.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

2.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

2.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

2.16 Bond Requirements.

2.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

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2.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

2.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. N o further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

2.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be consider ed qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

2.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work Item 1Q - Page 24
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damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

2.18 Employee/Labor Certifications.

2.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

2.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

2.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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2.20 City Officers and Employees: Non-Discrimination.

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

2.20.2 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 Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract 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 Contract.

2.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, 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 Contract, and in executing this Contract, 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.

2.21 General Provisions.

2.21.1 City’s Representative . The City hereby designates David M cAbee, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

2.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.

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Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

2.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

2.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

2.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: California Waters Development Inc, dba California Waters 23311 E La Palma Avenue
Yorba Linda, CA 92887

Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

2.21.6 Time of Essence. Time is of the essence in the performance of this Contract.

2.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

2.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

Item 1Q - Page 27
55575.18100\42920836.2

Revised 8.9.23 Page 24 of 44

2.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

2.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing par ty reasonable attorneys’ fees and all other costs of such action.

2.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

2.21.12 Successors . The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

2.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

2.21.14 Certification of License.

2.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

2.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

2.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

2.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

2.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

Item 1Q - Page 28
55575.18100\42920836.2

Revised 8.9.23 Page 25 of 44

2.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

2.22 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 Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

[Signatures on Next Page]
Item 1Q - Page 29
55575.18100\42920836.2

Revised 8.9.23 Page 26 of 44

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY

OF PALM SPRINGS AND CALIFORNIA WATERS DEVELOPMENT INC DBA,

CALIFORNIA WATERS

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

CONTRACTOR:

By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1Q - Page 30
55575.18100\42920836.2

Revised 8.9.23 Page 27 of 44

EXHIBIT “A”

SERVICES / SCHEDULE

Item 1Q - Page 31
55575.18100\42920836.2

Revised 8.9.23 Page 28 of 44

Item 1Q - Page 32
Scope :

A. The project includes mechanical, electrical, plumbing, and control systems work, along with post-installation commissioning and maintenance .

B. The bidder is responsible for conducting any necessary pre-bid inspections, mobilizations , and for completing the scope of work in coordination with the City's designated project manager .

C. The bidder shall supply all labor, materials, and equipmen t t o perform the full renovation and upgrade of the Spray Ground system. This is not an inclusive description and is not limited to renovation of existing spray ground which should include all components for a fully operational and code compliant system per plans attached to this IFB.

D. Construction of the Spray Ground in accordance with Aquatic Studio Inc. Plans Dated 02/27/2025 should include but not limited to the following:
1) Demolition
2) Pump replacement and modification
a. Spray Ground display pump motor change
b. Spray Ground filter pump to be reused
c. Waterfall filter pump to be replaced with new pump
3) Filters
a. Spray Ground filters to be replaced
b. Waterfall filters to be replaced
4) Backwash tank addition
5) Chemical feed pumps replaced
a. Spray Ground chlorine feed pump
b. Spray Ground acid feed pump
c. Waterfall chlorine feed pump
d. Piping for chlorine and acid for each system
6) Replacing existing chemistry controller for each system 7) Relocate and replace chemical storage tanks with a new chemical storage area. 8) Relocate water softener to new chemical storage area. 9) Piping
10) Add Spray Ground switch to activate spray Ground Feature on a 15-minute timer per push button.
11 ) Replace vent fan with larger unit in equipment room 12) Remove corrosion in the equipment room
55575.18100\42920836.2

Revised 8.9.23 Page 29 of 44

Item 1Q - Page 33
13) Replace corroded parts in the equipment room
14) Pool pump station electrical
15) Programming of the pharos controller to provide six programs, as determined through coordination with the City
16) Installation of combination shower & eyewash
17) Installation of a push button Including conduit, wire, and control Panel modification 18) Control panel modifications
19) Fog System Start-Up and commissioning
E. Startup and commissioning to be performed by the Contractor after substantial complet ion of the project.

F. Maintenance of the pools shall be included for a minimum of 90 days after turnover or as required by the City.
55575.18100\42920836.2

Revised 8.9.23 Page 30 of 44

Item 1Q - Page 34

ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 25-05)

PALM SPRINGS DOWNTOWN PARK SPRAY GROUND
Respo nding to this IFB fur Park Spray Ground, the unde rsigned bidder proposes and agrees to provide the services and work in accordance w ith the specifications . Bidder proposes and agrees to furnish all labo r, equipment , mate rials, supervision, and service necessary to complete said Work in accordance wit h the Specifications of the City of Palm Springs and w ill accept as full payment therefore , the following unit cost amou nts. The City of Palm Springs will not accept any add itional charges, fees , etc. that are not already included or incorporated in the below costs .

ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE SUBTOTA L
1 Demolition LS 1 $123.480 $123,480
Pumcs:
2 Spray ground pump motor EA 1 $29,900 $29,900 reolacement 3 Spray ground filter pump to be LS 1 $5,500 $5,500
reused (cost is for modifications)
4 Waterfall filter pump LS 1 $10.080 :iilU ,UtsU
UV Svstem:
5 Relocate existing UV system LS 1 ~,;onn $5,000
Filters:
6 Spray ground filters LS 1 $ 1 A. n::1n $14,030
7 Waterfall filters LS 1 $7 250 $7,250
8 Backwash tank addition EA 1 $10 740 $10,740
Chemica l Feed Svstem :
9 Spray ground chlorine feed pump EA 1 $870 $870
10 Spray ground acid feed pump EA 1 $870 $870
11 Waterfall chlorine feed pump EA 2 $865 $1 77,n
12 Waterfall acid feed pump EA 3 ~A~t; $2,595
13 Chemical outdoor drum cabinet EA 2 $5,550 $11 ,000 (acid and chlorine) w/ vent 14 Relocate and reuse acid and LS 1 $1 ,270 $1,270
chlorine tanks
Chemistrv Controllers:
15 Spray ground chemistry controller EA 2 $1,; t;?n $31 .040 16 Waterfall chemistry controller EA 2 ~1,;i;?n $31.040 17 Relocate existing water softener LS 1 $9,200 $9,200 svstem to chemical storage area Pipini:
18 1.5" Potable water pipe LF 500 $13.50 $6.750
19 1.5" Steel pipe LF 1000 ~18 ,;n $18 ,;nn
20 1/2" Flexible PVC pipe LF 1000 $3.72 $3 720
55575.18100\42920836.2

Revised 8.9.23 Page 31 of 44

Item 1Q - Page 35
Push Butt on add ition:
21 Push button LS 1 ~ ?() .ll'Jn !&20 420
22 Actuated valves EA 2 $4.740 ! 9.480
23 Electrical LS 1 $22,180 ;i,.~L , 1 tsU
24 Modifications to control panel LS 1 $9.700 $9,700
25 Programming of display and lights LS 1 Cl' -1,1 00() <l:1,1 QQ() Vent:
26 Pump station vent fan replacement EA 1 <1: -:t Qt; () S3 950 Corrosion:
27 Allowance for corrosion removal LS 1 <1: -:t~ Rt;O <1:-:t~ Rt;O Eyewash:
28 Add eyewash at chemical storage LS 1 $6,810 $6,810 area Miscellaneous :
29 Chain link fence LF 60 $538.50 $32 310
30 Bollard EA 11 <l:':!R7.25 $4.039 .75
31 Fog system startup LS 1 $2.830 $2.830
32 Startup and commissioning LS 1 $9.090 $9,090
33 90-dav m aintenance LS 1 $23 300 $23 300
TOTAL $520,514 .75
*LS - Lump Sum, LF - Linear Feet, EA-Each
Californ ia Waters Development Inc, dba California Waters Firm Name : ______________________ _
DIR Number: 1000001472
Sigaato,e of A"lhmi,ed Perao"'~"'--<.....,I'..___,,,...__? ______ _ ____ _ Printed Name: Mark Pitman ----------------- - ----
Title: President -------------------- - -----
Date: ---~S-_-_Z_'i_,._'2._.[ ____________ _
55575.18100\42920836.2

Revised 8.9.23 Page 32 of 44

EXHIBIT “B”

PLANS AND SPECIFICATIONS

ATTACHED

Item 1Q - Page 36
5%
+2'
+3' +3'
+2'
+2'
+2'
+2.5'
-2.5'
462.90
462.42
463.47
463.02
462.20
460.85
462.50

4.8%

1.5%

1.5%
461.33

4.8%
461.81
461.00

2.0%
462.27

2.5%
463.00

1.5%
462.20
463.40

1.0%
460.35
460.25

3.2%
462.50
462.10
461.73
461.60

2.0%
461.75
463.00
463.00

2.0%

2.0%
463.20

2.0%
461.49

4.8%2.0%
461.75
461.73

2.0%
462.00

1.0%
463.00
476.50
T.O.W.
467.00
T.O.W.
-2.5"
+2'
+1'
+2'
+2'
+3' +3'
461.75
479.00
T.O.W. ALIGN WITH

TOP OF BUIDLING
462.50
+1'
+1'
+1'
+1'+1'
+2'
+1'
+2'
+1' +3'
476.50
T.O.W.
469.00
T.O.W.
470.00
T.O.W.
471.00
T.O.W.
475.00
T.O.W.
474.00

TOP OF FENCE
ELEV, TYP.
474.00
T.O.W.
475.5
T.O.W.
467
468467466
463
468
471
462
464
466.5
469
470
3:1
MIN 2%
3:1
465
468
467
466
465
472
MIN 2%
MAX 4.9%
3:1
X X
X X X
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/16" = 1'-0"
SHEET
TITLE
WF1.00

1. CALIFORNIA CODE- POOLS AND DECK TO BE BUILT IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS:
a. CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 116025-116068 AND 1797.182 b. CALIFORNIA CODE OF REGULATION SECTIONS 65501-65551
c. CALIFORNIA BUILDING CODE LATEST EDITION CHAPTER 31B, SECTION 3101-3141 d. LOCAL COUNTY HEALTH DEPARTMENT'S REQUIREMENTS
e. ANSI/APSP (FORMERLY NSP1)-1 AMERICAN NATIONAL STANDARD FOR PUBLIC SWIMMING POOLS f. CALIFORNIA CODE OF REGULATIONS TITLE 22, CHAPTER 20
g. CALIFORNIA ELECTRICAL CODE ARTICLE 680
h. CALIFORNIA CONFERENCE OF DIRECTORS OF ENVIRONMENTAL HEALTH GUIDELINES

2. PIPING:
a. PIPING IS SHOWN SCHEMATICALLY. HOWEVER, THE PIPE LAYOUT HAS BEEN COORDINATED WITH THE OWNER AND DESIGN TEAM AND IS DEEMED THE BEST LOCATION WHERE PIPES NEED TO BE INSTALLED. CONTRACTOR TO PROVIDE ALTERNATIVE LAYOUT FOR APPROVAL BY ENGINEER IF A DIFFERENT LAYOUT IS REQUIRED. INSTALL IN

ACCORDANCE WITH APPLICABLE CODES & REGULATIONS, GOOD PRACTICE, & MANUFACTURER'S RECOMMENDATIONS. MINIMIZE PIPE RUNS, BENDS, & ELBOWS.
b. PROVIDE THRUST BLOCK ON PIPE BENDS AS REQUIRED. THRUST BLOCKS ARE REQUIRED FOR PIPES WITH PUSH ON JOINTS. SCHEDULE 40 OR SCHEDULE 80 PVC PIPES THAT ARE SOLVENT WELDED DO NOT REQUIRE THRUST BLOCKS.
c. PAINT ALL EXPOSED ABS AND PVC WITH A WATER BASE SYNTHETIC LUCITE PAINT UNLESS PIPING IS LABELED UV RESISTANT.
d. USE SOLVENT WELDED ANTI-LEAK FLANGES OR WATER STOP ON ALL PVC PIPE THROUGH CONCRETE POOL SHELL.

EMBED FLANGE IN CENTER OF WALL.

3. PUMP STATION:
a. MOUNT CHLORINE AND ACID FEED PUMPS ON WALL SHELVES. TUBING ATTACHED TO THE FEED PUMPS TO BE PER MANUFACTURER'S RECOMMENDATIONS.
b. PROVIDE INFLUENT AND EFFLUENT PRESSURE GAUGES FOR EACH FILTER. PROVIDE VACUUM GAUGES BEFORE (ON SUCTION SIDE) AND PRESSURE GAUGES AFTER (DISCHARGE SIDE) OF EACH PUMP. c. FLOW METER TO BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS FOR CLEARANCES TO FITTINGS OR OBSTRUCTIONS. THE CODE REQUIED FLOW METERS TO BE INSTALLED AT A LOCATION THAT IS READILY ACCESSIBLE. ADDITIONALLY, FLOW METERS TO BE INSTALLED AT EACH FILTER TO DETERMINE FLOW DURING NORMAL AND BACKWASH OPERATION.
d. VALVES IN THE EQUIPMENT ROOM SHALL BE IDENTIFIED WITH APPROPRIATE MARKINGS, HAVE NUMBERED TAGS,

AND DIAGRAM INDICATING VALVE POSITION DURING FILTRATION AND BACKWASH, AFFIXED DIRECTLY TO OR NEAR THE VALVE.
e. MARK ALL PIPES IN EQUIPMENT ROOM AS TO DIRECTION OF FLOW AND FUNCTION. f. PROVIDE HOT WATER LIMITING CONTROLS TO PREVENT SCALDING OF BATHERS IN SPA. MAXIMUM WATER TEMPERATURE IS 104 DEGREES FAHRENHEIT.
g. INDOOR PIPES SHALL BE PVC SCH 80 AND OUTDOOR PIPE SHALL BE PVC SCH 40 WITH SOLVENT WELDED FITTINGS EXCEPT THAT THEY SHALL BE CPVC OR TYPE "L" COPPER WITH SWEAT FITTINGS WITHIN 10'-0" FROM THE HEATER OR HEAT EXCHANGER.

4. ELECTRICAL:
a. ELECTRICAL CONTRACTOR TO VERIFY ELECTRICAL VOLTAGE AND PHASE PROVIDED PER THE ELECTRICAL CONSULTANT TO THE POOL EQUIPMENT LOCATION PRIOR TO ORDERING POOL EQUIPMENT. b. ELECTRICAL CONTRACTOR TO PROVIDE GROUNDING, GROUND FAULT CIRCUIT INTERRUPTERS, AND LEAKAGE

CURRENT COLLECTORS AND MOTOR STARTERS AS REQUIRED TO ALL LIGHTS, ELECTRICAL OUTLETS, AND POOL EQUIPMENT IN ACCORDANCE WITH THE LOCAL ELECTRICAL CODE AND IN COMPLIANCE WITH NEC 680. c. NON-METALLIC ELECTRICAL CONDUIT SHALL BE 18" BELOW FINISH GRADE (PVC) AND 6" WHEN BELOW CONCRETE AND BONDED PER NEC 680 (SEE TABLE 300.5 FOR MORE INFORMATION) d. ALL EXPOSED METALS MEASURING OVER 4” IN DIMENSION WITHIN 5' HORIZONTALLY AND 12' ABOVE THE POOL/SPA SHALL BE BONDED TOGETHER.
e. UNDERWATER LIGHTING FIXTURES SHALL BE PER NEC 680-20. f. POOL AND SPA LIGHTS TO BE GFI PROTECTED.
g. ELECTRICAL CONTRACTOR TO INSTALL JUNCTION BOX FOR UNDERWATER LIGHTS IN LANDSCAPE AREA, MINIMUM 8" ABOVE WATER SURFACE ELEVATION.
h. A CONVENIENCE OUTLET SHALL BE PROVIDED NO CLOSER THAN 10' AND NO MORE THAN 20' FROM WATER'S EDGE AND SHALL BE GFI PROTECTED (PER NEC 680-6).
i. PROVIDE ADEQUATE LIGHTING SO PERSONS WALKING ON DECK CAN IDENTIFY HAZARDS AND ALL UNDERWATER AREAS OF POOL ARE ILLUMINATED WITH NO BLIND SPOTS. SEE DECK LIGHTING PLAN BY OTHERS. j. ELECTRIC POOL WATER HEATERS (IF PRESENT)-ALL ELECTRIC POOL WATER HEATERS SHALL HAVE THE HEATING ELEMENTS SUBDIVIDED INTO LOADS NOT EXCEEDING 48 AMPERES AND PROTECTED AT NOT MORE THAN 60 AMPERES. THE AMPACITY OF THE BRANCH-CIRCUIT CONDUCTORS AND THE RATING OR SETTING OF OVERCURRENT PROTECTIVE DEVICES SHALL NOT BE LESS THAN 125 PERCENT OF THE TOTAL LOAD OF THE NAMEPLATE RATING. (ART. 680-9 NEC)
k. UNDERGROUND WIRING LOCATION. UNDERGROUND WIRING SHALL NOT BE PERMITTED UNDER THE POOL OR WITHIN THE AREA EXTENDING 5' HORIZONTALLY FROM THE INSIDE WALL OF THE POOL. (ART. 680-10). REFER TO NEC 680-10 FOR EXCEPTIONS TO THIS CODE.

5. CONTRACTOR TO PROVIDE MANUFACTURER'S INSTALLATION AND OPERATIONAL INSTRUCTIONS FOR ALL VALVES AND POOL EQUIPMENT INSTALLED.

6. ALL EQUIPMENT TO BE COMMISSIONED BY THE MANUFACTURER OR MANUFACTURER'S REPRESENTATIVE AS PART OF THE CONSTRUCTION CONTRACT.

SPRAY GROUND CONSTRUCTION NOTES

1. RENOVATION OF THE EXISTING SPRAY GROUND SHALL INCLUDE ALL COMPONENTS FOR A FULLY OPERATIONAL AND CODE COMPLIANT SYSTEM PER THESE PLANS.

2. CONSTRUCTION OF THE SPRAY GROUND SHALL INCLUDE BUT NOT LIMITED TO THE FOLLOWING:
a. DEMOLITION
b. PUMP REPLACEMENT OR MODIFICATION
b.a. SPRAY GROUND DISPLAY PUMP MOTOR CHANGE
b.b. SPRAY GROUND FILTER PUMP TO BE REUSED
b.c. WATERFALL FILTER PUMP TO BE REPLACED WITH NEW PUMP c. FILTERS
c.a. SPRAY GROUND FILTERS TO BE REPLACED
c.b. WATERFALL FILTER TO BE REPLACED
d. BACKWASH TANK ADDITION
e. CHEMICAL FEED PUMPS REPLACED
e.a. SPRAY GROUND CHLORINE FEED PUMP
e.b. SPRAY GROUND ACID FEED PUMP
e.c. WATERFALL CHLORINE FEED PUMP
e.d. WATERFALL ACID FEED PUMP
e.e. PIPING FOR CHLORINE AND ACID FOR EACH SYSTEM
f. REPLACE EXISTING CHEMISTRY CONTROLLER FOR EACH SYSTEM g. RELOCATE AND REPLACE CHEMICAL STORAGE TANKS TO NEW CHEMICAL STORAGE AREA h. RELOCATE WATER SOFTENER TO NEW CHEMICAL STORAGE AREA i. PIPING
j. ADD SPRAY GROUND SWITCH TO ACTIVATE SPRAY GROUND FEATURE ON A 15 MINUTE TIMER PER PUSH BUTTON k. REPLACE VENT FAN WITH LARGER UNIT IN EQUIPMENT ROOM
l. REMOVE CORROSION OR REPLACE CORRODED PARTS IN THE EQUIPMENT ROOM m. POOL PUMP STATION ELECTRICAL
n. PROGRAMMING OF THE PHAROS CONTROLLER TO PROVIDE SIX PROGRAMS INCLUDING COORDINATION WITH THE CITY. o. INSTALLATION OF COMBINATION SHOWER & EYEWASH.
p. INSTALLATION OF A PUSH BUTTON INCLUDING CONDUIT, WIRE AND CONTROL PANEL MODIFICATION. q. CONTROL PANEL MODIFICATIONS
r. FOG SYSTEM START UP AND COMMISSIONING

3. STARTUP AND COMMISSIONING TO BE PERFORMED BY THE CONTRACTOR AFTER SUBSTANTIAL COMPLETION OF THE PROJECT.

4. MAINTENANCE OF THE POOLS SHALL BE INCLUDED FOR A MINIMUM OF 30 DAYS AFTER TURNOVER OR AS REQUIRED BY THE OWNER.

5. REFER TO THE FOLLOWING PLANS BY OTHERS DURING ORIGINAL CONSTRUCTION:
a. EQUIPMENT ROOM BUILDING STRUCTURE
b. EQUIPMENT ROOM MECHANICAL, PLUMBING, AND VENTILLATION c. ELECTRICAL PLANS OF THE EQUIPMENT ROOM
d. LANDSCAPE ARCHITECTURAL PLANS
e. ARCHITECTURAL PLANS
f. SIGNAGE PLAN
g. ORIGINAL SPRAY GROUND PLANS BY FLUIDITY DESIGN CONSULTANTS

SPRAY GROUND RENOVATION SCOPE OF WORK

SPRAY GROUND EQUIPMENT ROOM

SPRAY GROUND CHEMICAL STORAGE
Item 1Q - Page 37
OPEN
ESOLC
Waterfall
Filtration
P-1.1
P-1.2
Waterfall Pump
P-2.2
Jet Pump
LP-A
CP-A
DP-A
P-1.3
Fog Skid
XFMR-1
UV
Panel
P-2.1
Filter Pump
F-2.1A
Filter
F-2.1B
Filter
WQ-1.0
Water
Softener
Equipment Room Tank
F-2.2A
Basket Strainer
F-1.2
Basket
Strainer
Up
Electrical Panels
Platform
EyewashWQ-2.2
Acid Tank
Sump
WQ-2.3
Chlorine Tank
UV-2.2
UV Sterilizer
F-2.2B
Wye Strainer
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/2" = 1'-0"

EQUIPMENT ROOM

DEMOLITION

SPRAY GROUND
WF2.01

1. CONTRACTOR SHALL REVIEW AND CONFIRM WITH THE CITY, ANY AND ALL DEMOLITION NOTES BELOW THAT ARE APPLICABLE PER PROJECT SCOPE.

2. THE DEMOLITION CONTRACTOR SHALL VERIFY ALL PROPERTY LINES, LIMITS OF WORK LINES, AND LOT LINES PRIOR TO COMMENCING ANY DEMOLITION WORK.

3. THE DEMOLITION CONTRACTOR SHALL COORDINATE ALL WORK THROUGH THE CITY AND THE OWNER'S REPRESENTATIVE. CONTRACTOR SHALL NOT WILLFULLY PROCEED WITH DEMOLITION WHEN IT IS OBVIOUS IN THE FIELD

THAT UNKNOWN OBSTRUCTIONS OR CONDITIONS EXIST THAT MAY NOT HAVE BEEN KNOW DURING PREPARATION OF THESE PLANS.

4. NO CHANGE IN CONTRACT AMOUNT SHALL BE ALLOWED DUE TO ACTUAL OR CLAIMED DISCREPANCIES BETWEEN

EXISTING CONDITIONS, AND THOSE SHOWN ON THE PLAN, INCLUDING QUANTITIES CALLED OUT ON PLAN, UNLESS SUCH

DISCREPANCIES ARE BROUGHT TO THE IMMEDIATE ATTENTION OF THE GENERAL CONTRACTOR AND OWNER'S REPRESENTATIVE IN WRITING.

5. ALL EXISTING PLANT MATERIAL NOT SPECIFICALLY CALLED OUT TO BE BOXED-UP, OR PROTECTED IN PLACE SHALL BE

REMOVED BY THE DEMOLITION CONTRACTOR INCLUDING A REASONABLE AMOUNT OF THE ROOT BALL WITH EACH TREE, OR SHRUB. ALL PLANT MATERIAL REMOVED SHALL BE DISPOSED OF LEGALLY OFF-SITE.

6. THE CONTRACTOR SHALL DISPOSE OF ALL MATERIALS AS NOTED HERE OFF-SITE IN A LEGAL MANNER.

7. THE DEMOLITION BASE SHEET WAS PREPARED FROM EXISTING INFORMATION DOCUMENTED IN THE FIELD. THE INFORMATION REPRESENTED ON THIS PLAN IS NOT FROM `AS-BUILT' PLANS, THEREFORE ALL CONDITIONS SHALL BE VERIFIED BY CONTRACTOR. THE CONTRACTOR SHALL CONFIRM ALL CONDITIONS IN THE FIELD AFFECTING THE

SATISFACTORY COMPLETION OF ALL DEMOLITION WORK DESCRIBED ON THE PLAN AND REPORT ANY AND ALL DISCREPANCIES TO THE OWNER/LANDSCAPE ARCHITECT IMMEDIATELY. THE OWNER/LANDSCAPE ARCHITECT SHALL PROVIDE RESOLUTION DIRECTION PRIOR TO PROCEEDING W/ ANY FURTHER DEMOLITION WORK.

8. THIS PLAN IS FOR THE PURPOSE OF IDENTIFYING THE PRESERVATION, REMOVAL, DEMOLITION AND OR SALVAGE OF CONSTRUCTION ITEMS ONLY.

9. THE CONTRACTOR SHALL PROTECT-IN-PLACE ALL ADJACENT PROPERTIES AND IMPROVEMENTS. NOTIFY ADJACENT PROPERTY OWNERS A MINIMUM OF TWENTY-FOUR (24) HOURS IN ADVANCE IF ENCROACHMENT ONTO ADJACENT PROPERTY IS NECESSARY.

10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIR AND REPLACEMENT OF ANY DAMAGE TO PROPERTIES CAUSED BY HIS OPERATIONS.

11. THE CONTRACTOR SHALL PERFORM ALL CLEARING AND GRUBBING WORK NECESSARY TO ALLOW FOR ALL NEW CONSTRUCTION.

12. THE DEMOLITION CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING HIMSELF FAMILIAR WITH ALL UNDERGROUND UTILITIES, PIPES AND STRUCTURES. CONTRACTOR SHALL TAKE SOLE RESPONSIBILITY FOR COST INCURRED, DUE TO DAMAGE AND REPLACEMENT OF SAID UTILITIES.

13. THE CONTRACTOR SHALL CONFIRM AND PROTECT ALL EXISTING UTILITY SERVICES & METERS IN PLACE

14. THE CONTRACTOR SHALL CONTACT DIG ALERT PRIOR TO ANY DEMOLITION OR CONSTRUCTION FOR VERIFICATION OF UNDERGROUND UTILITIES.

DEMOLITION NOTES

ITEM DESCRIPTION

DEMOLITION LEGEND

SYMBOLTAG
FAN

CHLORINE STORAGE TANKS

SPRAY GROUND CARTRIDGE FILTERS

WATERFALL FILTRATION SYSTEM INCLUDING PUMP, CARTRIDGE FILTER, OZONE/UV, CHEMISTRY CONTROLLER, PIPING, ETC. THE CONCRETE PAD DIMENSION IS 36" X 42" X 3" HIGH.

A
B
C
D

TO BE REMOVED

SPRAY GROUND CHEMISTRY CONTROLLERE

ITEM DESCRIPTION

PROTECT IN PLACE LEGEND

SYMBOLTAG
REUSE AND RELOCATE EXISTING UV UNIT1
REUSE AND RELOCATE 8" WYE STRAINER2
UV PANEL3

TO REMAIN
PLATFORM TO ACCESS SURGE TANK4
TRANSFORMER5
LIGHTING PANEL6
ELECTRICAL PANEL7
WATERFALL DISPLAY PUMP8
SUMP PUMP9
1 2
3 4
6 5
7 8
9 POTABLE WATER MAKEUP WATER AUTOMATIC FILL SYSTEM AND FOG SYSTEM PIPING10 SPRAY GROUND DISPLAY PUMP - REMOVE AND REPLACE MOTOR ONLY11 11 A
A
BB
EYE WASH STATION - RELOCATE TO NEW CHEMICAL STORAGE AREA12 12 C
D
10 WATER SOFTENER - RELOCATE TO NEW CHEMICAL STORAGE AREA13 13 E
FOG SYSTEM14
14 TAG

RENOVATE LEGEND

SYMBOL ITEM DESCRIPTION
THE ITEMS BELOW ARE EXISTING AND SHALL BE PROTECTED IN PLACE YET REQUIRE SPECIFIC RENOVATION WORK. REFER TO MATERIALS SCHEDULE FOR ADDITIONAL INFORMATION.

RENOVATE ALL RUSTED EQUIPMENT. CONTRACTOR TO REMOVE AND REPLACE OR REFURBISH RUSTED EQUIPMENT IN THE PUMP STATION. CONTRACTOR TO VISIT SITE PRIOR TO BID.I

TO RENOVATE
1 Item 1Q - Page 38
OPEN
ESOLC
P-1.2
Waterfall Pump
P-2.2
Jet Pump
LP-A
CP-A
DP-A
P-1.3
Fog Skid
XFMR-1
UV
Panel
P-2.1
Filter Pump
Equipment Room Tank
F-2.2A
Basket Strainer
F-1.2
Basket
Strainer
Up
Electrical Panels
Platform
Sump
OPEN
ESOLC
P-1.2
Waterfall Pump
P-2.2
Jet Pump
LP-A
CP-A
DP-A
P-1.3
Fog Skid
XFMR-1
UV
Panel
P-2.1
Filter PumpEquipment Room Tank
F-2.2A
Basket Strainer
F-1.2
Basket
Strainer
Up
Electrical Panels
Platform
Sump
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/2" = 1'-0"
WF3.01
EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING) MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE
PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER,
15 HP, 84% EFFICIENCY
11 MANUFACTURER / CONTACT QUANTITY NOTESNAME MODELITEM

EQUIPMENT SCHEDULE
5 2
3 4
EXISTING UV UNIT EXISTING EXISTING STARTUP AND COMMISSION BY MANUFACTURER1 EXISTING SPRAY GROUND FILTER PUMP REUSE EXISTING PUMP, 155 GPM @ 60' TDH, 3 HP, 208-230/460VAC, 3 PHASE
SPRAY GROUND SAND FILTER (NEW) PENTAIR TR100C

4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE

ACTIVATED FILTER MEDIA INSTEAD OF SAND PER
"DRYDEN AQUA"
2 WATERFALL FILTER PUMP (NEW) PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1
WATERFALL SAND FILTER (NEW) PENTAIR TR50C 2.46SF FILTER AREA, USE ACTIVATED FILTER MEDIA PER "DRYDEN AQUA"16
10 7
8 9
SPRAY GROUND CHEMISTRY CONTROLLER (NEW) BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1

WATERFALL CHEMISTRY CONTROLLER (NEW)
VENT FAN (NEW) FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1
200 GALLON DOUBLE WALL BACKWASH TANK (NEW) CHEM-TAINER TC4152DC PROVIDE NECESSARY CONNECTIONS FOR VALVED DISCHARGE TO SUMP1
11 EXISTING WYE STRAINER REUSE EXISTING STRAINER
12 8" WAFER STYLE BUTTERFLY VALVE W/ ACTUATOR (NEW) PENTAIR FIGURE AR1

INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN

AND VALVE A TO BE NORMALLY CLOSED) - PUSH

BUTTON CHANGES VALVE POSITION
2 PENTAIR (EXISTING) PENTAIR (EXISTING) 1
EXISTING EXISTING 1
BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1

1. ALL EQUIPMENT SPECIFIED SHALL MEET THE APPLICATION FOR WHICH IT IS BEING UTILIZED PER MANUFACTURER'S RECOMMENDATIONS.

2. REFER TO FLOW SCHEMATICS FOR THE REQUIRED EQUIPMENT AND PLACEMENT RELATIVE TO ALL OTHER COMPONENTS.

CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL COMPONENTS FOR A FULLY FUNCTIONING SYSTEM SHOWN ON THOSE SHEETS. NOT ALL COMPONENTS MAY BE SHOWN ON THE SCHEMATIC.

3. PUMPS, FILTERS, HEATERS, AND ALL EQUIPMENT ON THE FLOOR OF THE PUMP STATION SHALL BE LOCATED ON HOUSEKEEPING PADS AT A MINIMUM OF 4" ABOVE THE FINISHED FLOOR LEVEL.

4. EPOXY COAT REQUIRED FOR ALL WET SURFACES ON ALL PUMPS.

5. CONTRACTOR TO VERIFY ALL EQUIPMENT DIMENSIONS PRIOR TO PURCHASE AND INSTALLATION OF EQUIPMENT.

6. CONTRACTOR TO INSTALL PUMP BASE, GUIDE RAILS, AND BRACKETS PER MANUFACTURER'S REQUIREMENTS AS OCCURS.

7. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS FOR REVIEW FOR EACH CONTRACTOR SUPPLIED EQUIPMENT ITEM PRIOR TO INSTALLATION.

8. INSTALLATION DETAILS FOR ALL EQUIPMENT ITEMS SHALL BE PER RESPECTIVE EQUIPMENT MANUFACTURER'S SHOP DRAWINGS AND RECOMMENDED INSTALLATION REQUIREMENTS.

9. ALL EQUIPMENT INCLUDING VALVES SHALL BE IDENTIFIED BY CORROSION RESISTANT PERMANENT TAGS THAT CORRESPOND TO THE DESIGNATION ON THE AS-BUILT DRAWINGS AND DOCUMENTATION.

10. SERVICE FLANGES, VALVES, OR UNIONS SHALL BE PROVIDED FOR ALL COMPONENTS OF THE SYSTEM (I.E., PUMPS, FILTERS, UV EQUIPMENT, HEAT EXCHANGERS, SOLENOID VALVES, ETC.) THAT REQUIRES MAINTENANCE OR REPLACEMENT TO ALLOW FOR QUICK REMOVAL FROM SYSTEM WITHOUT THE NEED TO CUT OR BREAK PIPING.

11. ALL VALVES SHALL BE ROTATED/ORIENTED PER MANUFACTURE'S RECOMMENDATIONS.

12. ADD CHECK VALVES ON ALL BACKWASH PIPING FOR EACH SYSTEM.

13. ALL ANCHORING SYSTEMS SHALL BE 316 S.S. REGARDLESS OF LOCATION UNLESS NOTED OTHERWISE.

14. WATERPROOF BACKWASH SUMP AS OCCURS.

15. FIRE RATED PIPE PENETRATIONS & WALL DETAILS PER ARCHITECT PLANS.

16. THE PUMP STATION PRECAST CONCRETE VAULT SHOP DRAWINGS AND STRUCTURAL CALCULATIONS SHALL BE SUBMITTED BY THE CONTRACTOR FOR REVIEW AND APPROVAL.

17. CONTRACTOR TO PROVIDE FLASHING/SEALS FOR ALL BUILDING/STRUCTURE WALL PENETRATIONS.

PUMP STATION CONSTRUCTION NOTES

1. CONTRACTOR TO PROVIDE PIPE SUPPORTS PER EQUIPMENT MANUFACTURER'S REQUIREMENTS AND SPECIFICATIONS AND PER THE PROJECT SPECIFICATIONS.

2. ALL D.I.P. SHALL BE CLASS 350 UNLESS NOTED OTHERWISE.

3. ALL UNDERGROUND MECHANICAL JOINT FITTINGS SHALL BE SUPPLIED WITH RESTRAINING BOLTS (RJ FITTINGS).

4. ALL BURIED PVC PIPE GREATER THAN 6" ∅ SHOWN ON PLANS SHALL BE C900 UNLESS NOTED OTHERWISE. ALL BURIED PVC PIPE 4"∅ OR LESS SHALL BE SCH 40 PVC.

5. ALL PVC PIPE ABOVE GRADE SHALL BE SCH 80 PVC FOR ALL SIZES.

6. ALL STAINLESS-STEEL PIPE SHOWN ON PLANS SHALL BE MINIMUM TYPE 304L SCH 10 UNLESS NOTED OTHERWISE.

7. REFER TO MEP OR CIVIL ENGINEER PLANS FOR PIPE CONNECTIONS NOT SHOWN ON THESE PLANS.

8. ALL PIPING SHALL BE LABELED FOR FUNCTION (I.E., FILTER DISCHARGE, SKIMMER SUCTION, ETC.) AND FOR FLOW DIRECTION.

9. CONTRACTOR SHALL PROVIDE AIR RELIEF VALVES FOR ALL PIPING HIGH POINTS WITHIN THE PUMP STATION.

10. PAINT ALL PVC PIPE W/ COMPATIBLE PAINT.

PUMP STATION PIPING NOTES
3 4
4 5
6 7 8
10 PUMP STATION - PLAN
Scale: 1/2" = 1'-0"

EQUIPMENT ROOM

SPRAY GROUND
PLAN
1 BACKWASH PIPING

AT CELING (TYP)

CONNECT

TO EXISTING
2" SUCTION

CONNECT TO

EXISTING
6" DISCHARGE
2 1 3 4 5 6 7 8
3 4" LIGHTING CONDUITS (5 TOTAL)
3 1" FOG HOSE CONDUIT (6 TOTAL)
4 6" WATERFALL DISCHARGE
1 3
4" ANEMOMETER CONDUIT
2 CONSTRUCTION NOTES
6" VENTILATION EXHAUST
6 8" JET DISCHARGE HEADER
7 1" WATER SUPPLY FOR DECK HOSE BIB
5 8
6" WATERFALL SUCTION
2" SUMP DISCHARGE
9 4" RAINFALL DIVERSION VALVE
10 3" WATERFALL POOL OVERFLOW
11 8" JET PUMP SUCTION
3" SPRAY GROUND FILTER PUMP SUCTION
12 13
1 9

PIPING AT CEILING

SEE CEILING PLAN
9 10 11

TO CHEMICAL STORAGE

AREA - PIPING PER
WF4.01 (INSTALL BALL

VALVES AS SHOWN &

PER DETAILS)
12 13
Item 1Q - Page 39
OPEN
ESOLC
P-1.2
Waterfall Pump
P-2.2
Jet Pump
LP-A
CP-A
DP-A
P-1.3
Fog Skid
XFMR-1
UV
Panel
P-2.1
Filter Pump
Equipment Room Tank
F-2.2A
Basket Strainer
F-1.2
Basket
Strainer
Up
Electrical Panels
Platform
Sump
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/2" = 1'-0"
WF3.02
EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING) MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE
PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER,
15 HP, 84% EFFICIENCY
11 MANUFACTURER / CONTACT QUANTITY NOTESNAME MODELITEM

4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE

INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN

AND VALVE A TO BE NORMALLY CLOSED) - PUSH

BUTTON CHANGES VALVE POSITION
2 PENTAIR (EXISTING) PENTAIR (EXISTING) 1
EXISTING EXISTING 1
BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1

PUMP STATION - CEILING PLAN
Scale: 1/2" = 1'-0"

EQUIPMENT ROOM

SPRAY GROUND

CEILING PLAN
1 11
12 12
1 VALVE B (N.O.)
VALVE A (N.C.)

DASHED LINES

INDICATE

IRRIGATION PIPING

AT CEILING

LIGHTS AT CEILING
(4 TYP)
4'-1"
6'-0"
2 1 3 4 5 6 7 8
2'-0"
3 4" LIGHTING CONDUITS (5 TOTAL)
3 1" FOG HOSE CONDUIT (6 TOTAL)
4 6" WATERFALL DISCHARGE
1 3
4" ANEMOMETER CONDUIT
2 CONSTRUCTION NOTES
6" VENTILATION EXHAUST
6 8" JET DISCHARGE HEADER
7 1" WATER SUPPLY FOR DECK HOSE BIB
5 8
6" WATERFALL SUCTION
2" SUMP DISCHARGE
9 4" RAINFALL DIVERSION VALVE
10 3" WATERFALL POOL OVERFLOW
11 8" JET PUMP SUCTION
3" SPRAY GROUND FILTER PUMP SUCTION
12 13
9 10 11
12 13
Item 1Q - Page 40
TankTank
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/2" = 1'-0"
WF3.03
EXISTING SPRAY GROUND DISPLAY PUMP PACO (EXISTING) MODEL 50123 LC (EXISTING) REPLACE EXISTING MOTOR TO 15 HP AND CHANGE
PUMP IMPELLER, 612 GPM @ 55' TDH, 11.33" IMPELLER,
15 HP, 84% EFFICIENCY
11 MANUFACTURER / CONTACT QUANTITY NOTESNAME MODELITEM

4.91 SF FILTER AREA EACH (9.8SF TOTAL), USE

INTERLOCK VALVES (VALVE B TO BE NORMALLY OPEN

AND VALVE A TO BE NORMALLY CLOSED) - PUSH

BUTTON CHANGES VALVE POSITION
2 PENTAIR (EXISTING) PENTAIR (EXISTING) 1
EXISTING EXISTING 1
BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 2 4
10 PUMP STATION - SECTION
Scale: 1/2" = 1'-0"

EQUIPMENT ROOM

SPRAY GROUND

SECTION
1 2
45 6
7 8
3 3
4" LIGHTING CONDUITS (5 TOTAL)
3 1" FOG HOSE CONDUIT (6 TOTAL)
4 6" WATERFALL DISCHARGE
1 3
4" ANEMOMETER CONDUIT
2 CONSTRUCTION NOTES
6" VENTILATION EXHAUST
6 8" JET DISCHARGE HEADER
7 1" WATER SUPPLY FOR DECK HOSE BIB
5 8
6" WATERFALL SUCTION
2" SUMP DISCHARGE
9 4" RAINFALL DIVERSION VALVE
10 3" WATERFALL POOL OVERFLOW
11 8" JET PUMP SUCTION
3" SPRAY GROUND FILTER PUMP SUCTION
12 13
1'-0"
AIR
GAP 3'-5"
3'-5"
Item 1Q - Page 41
5%
+2'
+2.5'
462.90
462.42
463.47
463.02
462.20
460.85
462.50

4.8% 462.27

2.5%
463.00

1.5%
462.20
462.50
462.10
461.73
463.00

2.0%
463.20

4.8%2.0%
461.75
461.73

2.0%

1.0%
463.00
476.50
T.O.W.
467.00
T.O.W.
+2'
+2'
+3' +3'
479.00
T.O.W. ALIGN WITH

TOP OF BUIDLING
462.50
+1'
+1'+1'
+2'
+1'
+2'
+1' +3'
476.50
T.O.W.
469.00
T.O.W.
470.00
T.O.W.
471.00
T.O.W.
475.00
T.O.W.
474.00

TOP OF FENCE
ELEV, TYP.
474.00
T.O.W.
475.5
T.O.W.
467
468467
468
471
466.5
469
470
3:1
MIN 2%
3:1
468
467
466
465
472
MIN 2%
3:1
EE
E
X X

X X XWW
W

WWWWWWWWWWWW
WW
W

WWWWWWWWWWWW
WWWWW
WWWWW
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/16" = 1'-0"

AREA SITE

CHEMICAL STORAGE
WF4.01

CHEMICAL STORAGE AREA - SITE PLAN
Scale: 1/16" = 1'-0"
PLAN

1. THE PIPING PLAN IS DIAGRAMMATIC. ROUTING AND FINAL LAYOUT TO BE FIELD DETERMINED BY CONTRACTOR AND ANY CHANGES TO THE PLANS SHALL BE APPROVED BY THE ENGINEER PRIOR TO CONSTRUCTION.

2. PIPE TYPE, MATERIALS, AND SUPPORTS SHALL CONFORM TO THE PROJECT SPECIFICATIONS. IN ADDITION, PIPE SHALL BE IN CONFORMANCE WITH UBC, UPC, LOCAL AND NATIONAL BUILDING CODE REQUIREMENTS.

3. PARALLEL PIPE RUNS SHALL BE INSTALLED WITHIN COMMON TRENCHES WHENEVER FEASIBLE.

4. ALL PIPING SHALL BE UNIFORMLY AND CONTINUOUSLY SUPPORTED OVER ITS ENTIRE LENGTH AND ROUTE.

5. ALL ELECTRICAL CONDUITS SHALL BE INSTALLED USING SWEEP FITTINGS IN CONFORMANCE WITH LOCAL AND NATIONAL BUILDING CODES.

6. ALL PIPING TO HAVE A POSITIVE SLOPE TO THE EQUIPMENT ROOM FOR DRAINING.

7. PRESSURE TEST ALL PIPING PER PROJECT SPECIFICATIONS. KEEP PIPING UNDER PRESSURE TESTING CONDITIONS DURING TRENCH BACKFILL/COMPACTION AND DURING THE INSTALLATION OF WATER FEATURE CONCRETE BASIN.

8. ALL UNDERGROUND PIPING SHALL BE PVC SCHEDULE 40 UNLESS OTHERWISE DESIGNATED WITHIN THE PLANS AND SPECIFICATIONS.

9. ALL PIPING RUNS SHALL HAVE THRUST BLOCKS AT ALL CHANGE IN DIRECTION AS REQUIRED BY THE UNIFORM PLUMBING CODE. SCHEDULE 40 PIPE WITH SOLVENT WELDED CONNECTIONS DO NOT REQUIRE THRUST BLOCKS.

PIPING NOTES

EQUIPMENT ROOM

CHEMICAL STORAGE AREA
6 2 4 15

PUSH BUTTON

LOCATION

CONDUIT
6 WF5.01
3 4
3/4"Ø PVC - SPRAY GROUND CHLORINE PIPE
1 2

CONSTRUCTION NOTES
1 1
2"Ø POTABLE WATER FROM PS TO WATER SOFTENING SYSTEM5
3/4"Ø PVC - SPRAY GROUND ACID PIPE
3/4"Ø PVC - WATERFALL CHLORINE PIPE
3/4"Ø PVC - WATERFALL ACID PIPE
6 1 1
2"Ø POTABLE WATER FROM WATER SOFTENER TO PUMP STATION
3 SCALE: 1/2" = 1'-0"

ENLARGEMENT
4'-0"
Item 1Q - Page 42
XXXX

X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X

WWWWWWWWWWWWWWW

WWWWWWWWWWWWWWW
WW

WWWWWWWWWWWWWWW

WWWWWWWWWWW
WW
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AREA PLAN

CHEMICAL STORAGE
WF4.02

CHEMICAL STORAGE AREA - PLAN
Scale: 1/2" = 1'-0"

1. ON THE CHEMICAL STORAGE ROOM DOOR, A HAZARDOUS MATERIALS IDENTIFICATION SIGN SHALL BE PLACED INDICATING:

CORROSIVE LIQUID

2. ALL LETTERING SHALL BE IN CAPITAL LETTERS ON A CONTRASTING BACKGROUND (I.E., WHITE ON RED, WHITE ON BLACK). LETTERS SHALL NOT BE LESS THAN 2 INCHES IN HEIGHT.

3. SIGNS SHALL BE OF DURABLE CONSTRUCTION AND SUITABLE FOR THE ENVIRONMENT IN WHICH THEY ARE POSTED.

CHEMICAL STORAGE AREA SIGNAGE
SPRAY GROUND CHLORINE FEEED PUMP STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1C1

MANUFACTURER / CONTACT QUANTITY NOTESNAME MODELITEM

EQUIPMENT SCHEDULE
E1
C2
D1
D2

SPRAY GROUND ACID FEED PUMP

WATERFALL CHLORINE FEED PUMP

WATERFALL ACID FEED PUMP
50 GALLON CHLORINE STORAGE TANK EXISTING EXISTING USE EXISTING EQUIPMENT AND RELOCATE HERE1 50 GALLON ACID STORAGE TANKE2
E3 WATER SOFTENING SYSTEM RESIN TANKS (EXISTING)
E5
E4 BOLLARD VESTIL MFG CORP BOL SERIES #BOL-36-4.5 SEE DETAIL 3 SHEET WF5.0311 CHAIN LINK FENCE W/ GATE PER DETAIL PER DETAIL SEE DETAIL 6 SHEET WF5.0460' CHEMICAL SHED VENT FAN DAYTON 1TDN5 115V, 0.30 AMPS, 1Ø, CONNECT TO SWITCH AND PROGRAMMABLE TIMER2E6
E7 OUTDOOR DRUM CABINET GLOBAL INDUSTRIAL #316104 220 GALLON CAPACITY2 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
EXISTING EXISTING USE EXISTING EQUIPMENT AND RELOCATE HERE1

EXISTING EXISTING RENTAL EQUIPMENT (NO POWER REQUIRED) - DAISY CHAIN TOGETHER PER MFG RECOMMENDATIONS4
E8 COMBINATION SHOWER & EYEWASH HAWS MODEL 8300 SEE DETAIL 3 SHEET WF5.05, 1-1/4" CONNECTION TO POTABLE WATER LINE1
E9 PIPE AT CEILING PER DETAIL PER DETAIL SEE DETAIL 1 SHEET WF5.03PER DETAIL E10 SODIUM HYPOCHLORITE SIGN PER DETAIL PER DETAIL SEE DETAIL 2 SHEET WF5.021 E11 MURIATIC ACID SIGN PER DETAIL PER DETAIL SEE DETAIL 1 SHEET WF5.021

EXISTING FAN
30'-0"
D2
C2
E2

EXISTING SEWAGE PIT
E3
E3
E3
E3
D1
C1
E1
13'-7"4'-8"11'-0"
E4
E4
E5
E5
E6
E6
E7
E7

1.5"Ø

CHLORINE SHED

ACID STORAGE SHED
3 4
1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - SPRAY GROUND CHLORINE PIPE 1 2

CONSTRUCTION NOTES
1 1
2"Ø POTABLE WATER FROM PS TO WATER SOFTENING SYSTEM5
1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - SPRAY GROUND ACID PIPE 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - WATERFALL CHLORINE PIPE 1/2" FLEXIBLE PIPE ENCASED IN 1-1/2" STEEL PIPE PVC - WATERFALL ACID PIPE 6 1 1
2"Ø POTABLE WATER FROM WATER SOFTENER TO PUMP STATION
2'-6" 5'-0" 5'-0" 5'-0" 5'-0" 120'-0" 2'-6"
1'-91
2"5'-0"5'-0"1'-91
2"3'-0"5'-0"3'-0"
5 6
2 4 1 3
5 6
2 4 1 3

EXISTING

ELECTRICAL
PANELS
E8
E9
(TYP
AS

REQUIRED)

INSTALL VALVES

PER DETAILS HERE
(TYP)
E10
E11
Item 1Q - Page 43
06 PUSH BUTTON LOCATION (SECTION)
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AS SHOWN

DETAILS

CONSTRUCTION
WF5.01

EXISTING GROUND

CONNECT CONDUIT

AND WIRE TO CONTROL
PANEL

CONDUIT PER

ELECTRICAL PLAN
3'-6" 4'-0"
1'-6"

SPRAY GROUND PUMP STATION
TOW 476.5
TOW 479.0
TOPS 467.0
455
460
465
470
475
480
455
460
465
470
475
480
SCALE: 1/2"=1'-0"
FF 463.0
FF 458.33
ADD ALTERNATE #1:

HATCHED AREA INDICATE

EXCAVATION AND INSTALLATION

OF CONDUIT AS SHOWN - CONTRACTOR

TO PROVIDE COST AS AN ADD
ALTERNATE #1

PARKING
GARAGE

EXISTING VENT CAP

NEW VENT FAN
VENT

CONNECTION
VENT

CONNECTION
4 WF5.03
4 WF5.03

PUSH BUTTON
J-BOX
4 WF5.02
5 WF5.02
Item 1Q - Page 44
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AS SHOWN

DETAILS

CONSTRUCTION
WF5.02
01 0204
0305
06 MURIATIC ACID SIGN

SODIUM HYPOCHLORITE SIGNSPRAY GROUND PUSH BUTTON

CHEMICAL FEED PUMP & PIPINGJUNCTION BOX

NOT USED
0 13 3
1 2
4 RED COLOR
1 BLUE COLOR
2 YELLOW COLOR
3 WHITE COLOR
4 1. SIGN SIZE AND COLORS TO BE PER CODE.

2. SIGN TO BE LOCATED OUTSIDE OF WHERE THE
CHEMICALS ARE LOCATED.

3. MOUNT SIGN 60 " ABOVE FINISHED GRADE ON
THE DOOR OF THE STORAGE ROOM.

NOTES
SCALE: NTS
0 02 3
1 2
4 RED COLOR
1 BLUE COLOR
2 YELLOW COLOR
3 WHITE COLOR
4 1. SIGN SIZE AND COLORS TO BE PER CODE.

2. SIGN TO BE LOCATED OUTSIDE OF WHERE THE
CHEMICALS ARE LOCATED.

3. MOUNT SIGN 60 " ABOVE FINISHED GRADE ON
THE DOOR OF THE STORAGE ROOM.

NOTES
SCALE: NTS

TO POOL INLET
1'-0" 6"

CHEMICAL STORAGE TANK
1 FLEXIBLE PRESSURE RATED POLYETHYLENE

TUBING PER CHEMICAL FEED PUMP

MANUFACTURER'S RECOMMENDATION
2 CHEMICAL FEED PUMP
3 PIPE TO TUBE ADAPTER
4 ISOLATION VALVE - LOCATE WHERE INDICATED
ON THE PLAN5
1/2" SCHEDULE 40 PVC FLEXIBLE PIPE ENCASED
IN 1-1/2" STEEL PIPE PER 1/WF5.036
1/2" SCHEDULE 80 PVC PIPE
7 PIPE SUPPORT WHERE REQUIRED
8 RECIRCULATION PIPING
9 CHEMICAL INJECTOR PER MANUFACTURER'S
RECOMMENDATION10

POWER OUTLET (INTERLINKED WITH

CHEMISTRY CONTROLLER) - OUTLET TO BE

INSTALLED NEXT TO CHEMISTRY CONTROLLER

IN EQUIPMENT ROOM
11 BALL CHECK VALVE
12 1. LOOP THE FLEXIBLE POLYETHYLENE TUBING

AROUND CIRCULATION PIPE AND CONNECT

BELOW THE MAIN FILTER RECIRCULATION
PIPING.

NOTES
1 2
2 4
5 6 8 7 6 4 2
58 10
9 12
3 11
1'-6"
SCALE: NTS
SPRAY GROUND PUSH BUTTON PER "SQUARE
D", MODEL XB4BT845 WITH PLATE COVER

SUITABLE FOR OUTDOOR INSTALLATION

INCLUDE SINGLE GANG WEATHER PROOF WALL
PLATE PER "RACO", MODEL 5175-1. PUSH
BUTTON SHUTS ALL SPA EQUIPMENT. THE

RESET BUTTON RETURNS THE PUMP TO
NORMAL OPERATION. PROVIDE WIRES AS
REQURIED. REFER TO ELECTRICAL PLANS.
1 A SIGN WITH LETTERS MATCHING EXISTING

SIGN COLOR, HEIGHT, AND MATERIAL
INDICATING "SPRAY GROUND SWITCH" SHALL

BE POSTED AT THE SWITCH LOCATION
2 1
2 3

FRONTSECTION
SCALE: NTS
UNDERWATER JUNCTION BOX PER "PEM",
MODEL J11 WITH WATERSTOP AND GROUNDING

LUG - LOCATION PER PLAN
1 2
3 4

CONDUIT AND WIRE SIZE PER ELECTRICAL
PLAN5

CORDSEAL
SCALE: 1-1/2"=1'-0"

TO PUSH BUTTON

TO SPRAY GROUND CONTROL PANEL
1 2
3 4
5 Item 1Q - Page 45
01 0204
0305
06 PIPE AT CEILING

CONDUIT CONNECTION TO VENT

NOT USED

NOT USED
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AS SHOWN

DETAILS

CONSTRUCTION
WF5.03

PIPE SUPPORT
BOLLARD SCALE: 1-1/2"=1'-0"
3/8" TO 1/2"
3/4" TO 1 1/4"
1 1/2" TO 3"
3 1/2" TO 5"
6" TO 8"
4'-0"
4'-5"
5'-3/4"
8'-1/4"
10'-0"
KB-TZ2 (SS)
STRUT

SPACING
HILTI KB-TZ2
(ICC
ESR-4266)

DIAMETER
400
600
800
1000
1000
KB-TZ2 (SS)
KB-TZ2 (SS)
KB-TZ2 (SS)
KB-TZ2 (SS)

STRUT SPACING

PER TABLE
2 1
3/8"Ø
3/8"Ø
1/2"Ø
1/2"Ø
1/2"Ø

PVC PIPE
SIZE
MAX.

HANGING
LOAD

RATING (LBS)
EMBED
2"
2"
2"
3-1/4"
3-1/4"
4 3
2 1
3 4

PIPE CLAMP (SIZED TO MATCH PIPE)
3 12 GAGE CHANNEL PER "UNISTRUT" P1000
SERIES (1-5/8" X 1-5/8")4
5 5

EXPANSION ANCHOR PER TABLE
5 CONCRETE WALL (6" MINIMUM THICKNESS)
1 PIPE LAYOUT AND SIZE PER PLAN
2 EXPANSION ANCHOR TABLE
SCALE: 1"=1'-0"SCALE: 3"=1'-0"
3 4
PIPE SUPPORT PER DETAIL 2 THIS SHEET
1 2
1'-9"
1 3 4 5 6 7
5 1-1/2" SCHEDULE 10 STEEL PIPE
8 1
2" FLEXIBLE SCH 40 PVC PIPE9
6 7
2 9
8 1-1/2" POTABLE WATER FROM PUMP STATION

TO WATER SOFTENING SYSTEM
1-1/2" POTABLE WATER FROM WATER

SOFTENING SYSTEM TO PUMP STATION
1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE
- SPRAY GROUND ACID PIPE
1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE
- WATERFALL ACID PIPE
1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE
- SPRAY GROUND CHLORINE PIPE
1 2" FLEXIBLE PVC ENCASED IN 1-1/2" STEEL PIPE
- WATERFALL CHLORINE PIPE
3 4.5" BOLLARD PER "VESTIL MFG CORP", BOL
SERIES #BOL-36-4.51
2 ANCHOR BOLT KIT PER "VESTIL MFG CORP",
BOL-ABK-4, 3
4"X4-1/4" BOLTS, 3
4" BOLT HOLD
REQUIRED, 3-1/4" DEPTH OF BOLT HOLE

EXISTING CONCRETE FLOOR
3 6" PVC VENT PIPE
1 2
3 4" PVC MALE ADAPTER
3 4"Ø ELECTRICAL CONDUIT PER PLAN
1 2
3 3'-0"
41 2"
8"
3-1/4"
1 2
3 ENLARGEMENT

PARKING GARAGE CEILING
10 10
SCALE: 3"=1'-0"
Item 1Q - Page 46
06 CHAIN LINK FENCE
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AS SHOWN

DETAILS

CONSTRUCTION
WF5.04

1. BARBED WIRE NOT REQUIRED.

2. FENCE MESH TO BE 1" HIGH.

3. FENCE HEIGHT IS 9'-0" ("H").

NOTES
Item 1Q - Page 47
0204
0305
06 NOT USED

NOT USED

NOT USED
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350

AS SHOWN

DETAILS

CONSTRUCTION
WF5.05

NOT USED

COMBINATION SHOWER & EYEWAY
SCALE: NTS
Item 1Q - Page 48
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATIC
PIPING
WF6.01
N.C.

BYPASS
N.O. N.O.

WATER
LEVEL

CONTROLLER
WL
SENSOR

WF CONTROL PANEL (CP)

CONTROLS

REFER TO

SCHEMATIC
N.C.

BYPASS
N.O. N.O.

WATER
LEVEL

CONTROLLER
WL
SENSOR
RUN TO
HOME

CONTROL
MP
2"
2"

BACKWASH
TO
PANEL

INTEGRAL

FILTER PUMP

SPRAYGROUND
3" 3"

WATERFALL
TO

PIWATERFALL FILTER PUMP
2"
RUN TO
HOME

CONTROL
PI
2"
PANEL

INTEGRAL

TO PUMP

POTABLE
WATER
2"
TANK

PIDISPLAY PUMP
6"6"8"
PI
4"
TO
(17) JET

DISCHARGES
6"
RUN TO
HOME

CONTROL
PANEL

INTEGRAL

TO PUMP
MP
2"
2"

BACKWASH
TO
TANK
3"3"
2"
MP2"
2"
PI

UPSTREAM

DIM PER MFG

RECOMMENDATION

DOWNSTREAM

DIM PER MFG

RECOMMENDATION
2"

1.5"
6"

1.5"

PIWATERFALL DISPLAY PUMP
6"5"6"
PI
4"

WATERFALL
FROM
TO

WATERFALL
RUN TO
HOME

CONTROL
PANEL

INTEGRAL

TO PUMP
6"
FROM
ACID
FROM

CHLORINE

STORAGE
2"
2"
2"
6"

STORAGE

AREAAREA
3"
PI
3"

SPRAYGROUND
3"
TUBING
(TYP)
FROM
ACID
FROM

CHLORINE

STORAGE
3"

STORAGE

AREAAREA
TUBING
(TYP)
3"
6"
RUN TO
HOME
CP
RUN TO
HOME
CP
V1
V2
INTERLOCK V1 & V2

OPERATING

WATER LEVEL

SURGE TANK

OVERFLOW
LINE

GRAVITY
FROM

SPRAYGROUND
RUN TO
HOME

SUMP PANEL
RUN TO
HOME

SUMP PANEL

SANITARY
TO
SEWER
UV

STERILIZER

REVERSIBLE
SCREEN

UPSTREAM
DIM

PER MFG DOWNSTREAM DIM PER MFG
TO

1.5"

STORAGE

CHEMICAL

1.5"
TO
AREA

STORAGE

CHEMICAL
FROM
AREA
PRV
PRV
PRV
3/4"

1.5"

1.5"
(6) FOG
TO 3/4" PRV 3/4"

WF DECK

HOSE BIBB

WF DECK
3/4"

REVERSIBLE
SCREEN
(6) 1"

TROUGHS
1-1/2"
1-1/2"
1-1/2"
1-1/2"

1.5"

WATER FEATURE PUMP STATION

FLOW DIRECTION
3 WAY VALVE

FLOW METER

FLOW TRANSMITTER

FLOAT VALVE

GATE VALVE

GLOBE VALVE

BALL VALVE

BUTTERFLY VALVE

CHECK VLAVE

SOLENOID VALVE

MOTOR OPERATED VALVE

UNION CONNECTION

FLANGE CONNECTION

PLUG OR CAP

SIGHT GLASS

PIPE W/ SIZE

ELECTRICAL WIRE

DIAL THERMOMETER

PRESSURE SUSTAINING VALVE

THERMOCOUPLE

TEMPERATURE CONTROLLER

TEMPERATURE SWITCH

TEMPERATURE CONTROL VALVE

PIPE CONNECTION HOME RUN

ELECTRICAL CONNECTION HOME RUN
PI
FI

PRESSURE INDICATOR

FLOW INDICATOR
PI
FI
PUMP

SUMP PUMP

CHEMICAL FEED PUMP

SAND FILTER

CONTROL PANEL

BASKET STRAINER

CHEMISTRY CONTROLLER
X"Ø

BLIND FLANGE

CONCENTRIC REDUCER

ECCENTRIC REDUCER

WYE STRAINER

FLOOR DRAIN

FLOOR SINK

HOSE BIBB W/ VACUUM BREAKER
TITI
TETE
TCTC
TSTS
TCVTCV

ANEMOMETER

DESCRIPTIONSYMBOL

MECHANICAL SYMBOLS
Item 1Q - Page 49
TUBING
(TYP)
TO
PUMP

STATION
FROM
WATER

SOFTENER
PUMP

STATION
PUMP

STATION
TO
PUMP

STATION
TO
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATIC
PIPING
WF6.02

1.5"

CHLORINE

STORAGE
TANK
ACID

STORAGE
TANK

1.5"

CHEMICAL STORAGE AREA

FLOW DIRECTION
3 WAY VALVE

FLOW METER

FLOW TRANSMITTER

FLOAT VALVE

GATE VALVE

GLOBE VALVE

BALL VALVE

BUTTERFLY VALVE

CHECK VLAVE

SOLENOID VALVE

MOTOR OPERATED VALVE

UNION CONNECTION

FLANGE CONNECTION

PLUG OR CAP

SIGHT GLASS

PIPE W/ SIZE

ELECTRICAL WIRE

DIAL THERMOMETER

PRESSURE SUSTAINING VALVE

THERMOCOUPLE

TEMPERATURE CONTROLLER

TEMPERATURE SWITCH

TEMPERATURE CONTROL VALVE

PIPE CONNECTION HOME RUN

ELECTRICAL CONNECTION HOME RUN
PI
FI

PRESSURE INDICATOR

FLOW INDICATOR
PI
FI
PUMP

SUMP PUMP

CHEMICAL FEED PUMP

SAND FILTER

CONTROL PANEL

BASKET STRAINER

CHEMISTRY CONTROLLER
X"Ø

BLIND FLANGE

CONCENTRIC REDUCER

ECCENTRIC REDUCER

WYE STRAINER

FLOOR DRAIN

FLOOR SINK

HOSE BIBB W/ VACUUM BREAKER
TITI
TETE
TCTC
TSTS
TCVTCV

ANEMOMETER

DESCRIPTIONSYMBOL

MECHANICAL SYMBOLS
Item 1Q - Page 50
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATICS

MODIFIED

CONTROLS
WF7.01
PDB1
480V,3Ø,60HZ & GND
G
FMP

CIRCUIT PROTECTION

BY OTHERS

FEEDER SHORT
480V
3Ø
15 HP
PUMP
FOG
21A
1T1 1T2 1T3
F1 F2 F3
100A
MDS
100A
480V

CLASS J

CURRENT

LIMITING
FUSES
FOG
PANEL
P3.1

4.8A
3 HP
3Ø
MS-2.1
480V
FILTER
PUMP
MP1
P-2.1
MP2
GG
L1 L2 L3
VFD-1.2
U V W
P24
F
480V
3Ø
3 HP
PUMP

WATERFALL

4.8A
P1.2
MP3
GG
L1 L2 L3
VFD-2.2
U V W
P24
F
480V
3Ø
15 HP
PUMP
JET

18.8A
P2.2

ENCLOSURE

WALL MOUNT
NEMA 1
12" DEEP

SIZE ESTIMATED

TYPICAL DOOR LAYOUT

EXHAUST
FAN
INTAKE
FAN
60"

CONVENIENCE

RECEPTACLE
RJ45 PLUG

CONDUIT ENTRY HUBS
TO PRESERVE RATING USE TYPE 3R
THIS PANEL ENCLOSURE IS RATED TYPE 3R.

FIELD WIRE BY OTHERS
SHORT CIRCUIT RATING:

THIS CONTROL PANEL WAS DESIGNED

TO BE CONNECTED TO A POWER SOURCE

CAPABLE OF DELIVERING NOT MORE
THAN 5 KA AVAILABLE FAULT
CURRENT.

COMMON DEVICER
This panel is Listed to applicable UL
Standards and requirements by UL.

Field wiring or field components are not
Listed under this mark.
5T1 5T2 5T3 5G
INDOOR
3T1 3T2 3T3
36"
START
SIGNAL
(SEE PAGE 4)
UMP
UV

STERILIZER
ALARM
SIGNAL
TO PLC
480V
3Ø
3L1 3L2 3L3
1 2
3 4
CC
VIA
5- 5+
0-10VDC
FROM
CPB
PDB2
NDB N
A
B
C
X3X2X1
H3H2H1
30A
480V
X0
F4 F5 F6
40/3
CBS
X0
15KVA
3Ø,4WIRE
480-120/208V
X1 X2 X3
H1 H3H2
XFMR-1
2T1 2T2 2T3 4T1 4T2 4T3 4G
3L1 3L2 3L3
4L1 4L2 4L3
4L1 4L2 4L3
5L1 5L2 5L3
5L1 5L2 5L3
CP-A
U.V.

2.0 R1
1 2
R2
3 4

DPA/LPA/CPB

ENCLOSURE

WALL MOUNT
NEMA 1
12" DEEP

SIZE ESTIMATED

TYPICAL DOOR LAYOUT

EXHAUST
FAN
INTAKE
FAN
30"
INDOOR
24"
CPA
HS-2.1 HS-1.2 HS-2.2
MS

2.1 7
8 40A 40A
CB1
1/1
CB2
1/1
T-STAT
5 CB1
10/1
6 5
CPA
FAN

POWER VAULT

2.75A
1Ø
120V
87 EXHAUST
FAN
CB2
15/1
CB3
15/1
109
FLOATS
DUPLEX

SUMP PUMP
PANEL
6 REMOTE
START/
STOP
1 2
7 8

PROVIDED BY OTHERS
CB4
15/1
1211
CB5
15/1
1413
SUMP
1/2 HP

9.8A
115V
PUMP
#1
SUMP
1/2 HP

9.8A
115V
PUMP
#2

CONTROL PUMP
#1
PUMP
#2
(SEE PAGE 4)
(SEE PAGE 3)
(SEE PAGE 4)

BLK BLK BLK BLK BLK BLK BLK BLK BLK

BLU BLU

BLK BLK BLK GRN

BLU BLU

BLK BLK BLK GRN BRN BLU WHT RED

RED RED RED WHT

BLK BLK BLK

BLK BLK BLK
BLU
BLU
BLU
BLU

RED WHT RED WHT RED WHT RED WHT RED WHT
9 5 9 5
#16-BLU #16-BLU
#16-WHT #16-RED
RED
WHT
L1
T1
L2
T2
L3
T3
#2-BLK
#8-BLK #8-BLK #14-BLK #14-BLK #12-BLK #10-BLK
#10-BLK
#8-RED #8-WHT
#8-RED
#16-WHT
#16-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-BLK #14-BLK #14-BLK
#16-BRN #16-BLU

1. ORIGINAL PANEL FABRICATED BY TOTAL CONTROL

2. U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A.

3. GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION.

4. DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE.

5. CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, [email protected].

6. CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS.

7. SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID.

8. PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, [email protected].

CONTROL PANEL CONSTRUCTION NOTES
Item 1Q - Page 51
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATICS

MODIFIED

CONTROLS
WF7.02
CC
B
NN
CB6
15/1
15 16
120V
WATER

DEDICATED
GFCI

RECEPTACLE
WQ

1.0 AA
B
17 18
CB7
15/1
19 20
CB8
15/1

SOFTENER
15/2GFI
CB9
PUMP
FILTER
21 22
208V
1Ø
1/2 HP

5.4A
MS-1.1
P-1.1
HS-1.1
CB10
15/1
23 24
120V

DEDICATED
GFCI

RECEPTACLEWQ

1.1 25 26
120V

DEDICATED
GFCI

RECEPTACLE
WQ

2.1 CB11
15/1

OZONATOR OZONATOR
MS-1.1
AUX
9 5
CR-2.1
27 28
CB12
15/1
500W
120-
12VAC
LC-1.1
29 30
500W
120-
12VAC
LC-1.1
12VAC
16 X 9W
WHITE

WATERFALL
LIGHTS
12VAC
34 X 9W
RGB
JET
LIGHTS

PROVIDED BY OTHERS

RED WHT RED WHT RED WHT RED RED RED WHT RED WHT RED WHT RED WHT L1
T1
L2
T2
13 14
L1
T1
L2
T2
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED
#14-WHT
#14-RED#14-RED

CONTROLLER
AIC

1.01 R1 R2 R3
C C C
L L L

SET THE RELAY JUMPERS

TO THE C POSITION FOR

INTERLOCKED FEED PUMPS
BECSys 5
C1
C2 R1G L N N R2 N C3 R3 N
R4
C
L
C4 R4 N
SURGE

PROTECTOR
(BY OTHERS)
IN
OUT
R1 R2 R3
C C C
L L L

SET THE RELAY JUMPERS

TO THE C POSITION FOR

INTERLOCKED FEED PUMPS
BECSys 5
C1
C2 R1G L N N R2 N C3 R3 N
R4
C
L
C4 R4 N
ALARM
TO
PLC
SURGE

PROTECTOR
(BY OTHERS)
IN
OUT
ALARM
TO
PLC
ORP

CONTROLLER
AIC

2.01 PH/ORP

DEDICATED
GFCI

RECEPTACLE
120V
ACID
PUMP

DEDICATED
GFCI

RECEPTACLE
120V

CHLORINE
PUMP
WQ

2.2 WQ

2.3 DEDICATED
GFCI

RECEPTACLE
120V
ACID
PUMP

DEDICATED
GFCI

RECEPTACLE
120V

CHLORINE
PUMP
WQ

2.2 WQ

2.3 1. ORIGINAL PANEL FABRICATED BY TOTAL CONTROL

2. U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A.

3. GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION.

4. DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE.

5. CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, [email protected].

6. CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS.

7. SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID.

8. PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, [email protected].

CONTROL PANEL CONSTRUCTION NOTES
(NOT USED) (NOT USED)
(NOT USED)
Item 1Q - Page 52
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATICS

MODIFIED

CONTROLS
WF7.03
GFI

RECEPTACLE

CONVENIENCE
CB13
15/1
L
N
1 2
3 4
5 6
7 8
+ -
-
+
60W, 24VDC
TO LAN
TOUCH
PANEL
LAN
CAT 6E
+ -
CAT 6E
+ -
LAN
PUMP
P-1.1
H O A
SW1
I1
I2
PUMP
P-2.1
H O A
SW2
I3
I4
PUMP
P-1.2
H O A
SW3
I5
I6
Q1
Q2
Q3
Q4
3231
VALVE
FILL
120V
MS
R1 WATERFALL PUMP
PLC
+ -
I1
I2
PLC
48+24
I3
Q3
Q4

EHERNET
+ -
-
+
24VDC
1 2 +
DMX #1
- SH
PHAROS LPC1EXP
+ -
+ -+24
4-20MA
LEVEL

PRESSURE
41 PLC
EXP
ANALOG
INPUT
-
A-1
LT-1.01
DMX
RJ45 PLUG

ON SIDE

OF PANEL
CAT 6E
GFI

RECEPTACLE

CONVENIENCE

ON SIDE

OF PANEL
INSIDE
PANEL
T-STAT
CB15
1/1
CB16
1/1
INTAKE
FAN

EXHAUST
FAN
LV-1.01
CC
B
NN
AA
B
3433
VALVE
FILL
120V
LV-1.02

1.1 FILTER
FILTER
PUMP
P-2.2
H O A
SW4
18 19

WATERFALL
JET
ALARM
UV
49+24
AIC 1.01
50+24
AIC 1.02
#1
PLC
Q3
EXP
#2
Q2
Q2
Q1
Q1
3 + -

OK TO RUN
WIND #1
WIND #2
#1
+ -+24
4-20MA
LEVEL

PRESSURE
42 -
A-2
LT-1.02
+ -
+ -+24
4-20MA

ANEMOMETER
43 PLC
EXP
ANALOG
INPUT
-
A-1
ST-1.01
#2

FILTER PUMP
P-1.1
P-1.2
H N
8746 47MS

2.1 CR

2.1 R2 JET PUMP

LIGHTSLC

1.1 H N
FILTER
PUMP
P-2.1
IN
CPA
WQ-2.1
P-2.2
B C
51 52 I1CLOSED
E H
53 54 I2OPEN
KV-2.01

DIVERTER
VALVE
LIMIT

SWITCHES
Q4 CR

2.2 58
59 2
3 OPEN
1 CLOSE
KV-2.01

DIVERTER
VALVE
CR-2.2
56 57
55 #14-WHT#14-RED
PS1
SE-SL3011-WF

VPN ROUTER
SE-ANT250

WI-FI ANTENNA
(SHIP LOOSE)

COMFILE
PI
CPI-A070WR

BLU BLU

RED WHT

RED WHT
BLU
BLU
BLU
BLU
BLU
BLU

BLU BLU
BLU
BLU

RED WHT
IP
IP
IP
IP
1413
1413
1413
RED
RED
RED
RED
WHT
18/2
& SHLD
9 1
5 A2A1
A2A1
1413
1413
13 14
1413
13 14
1413
13 14
1413
13 14
#14-RED
#14-RED #14-WHT
#14-RED
#14-RED
#14-WHT #16-BLU
#16-BRN
JUMPER
CB14
10/1
#16-WHT#16-RED
3735
OPEN
BV.1
36 RED
RED
WHT
4038
CLOSE
BV.2
39 RED
RED
WHT
BV.1 - TO SURGE TANK
CLOSE
OPEN
BV.2 - TO DECK
VR
4 45
RED
44 RED
START

1. ORIGINAL PANEL FABRICATED BY TOTAL CONTROL

2. U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A.

3. GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION.

4. DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE.

5. CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, [email protected].

6. CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS.

7. SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID.

8. PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, [email protected].

CONTROL PANEL CONSTRUCTION NOTES
Item 1Q - Page 53
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-02-19SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
NTS

SCHEMATICS

MODIFIED

CONTROLS
WF7.04
+
DMX IN
- SH
DMX
-
+
24VDC
PW 1003
G V+ V-+

DMX THRU
- SH
60 61

START/STOP

SIGNAL TO

UV PANEL
Q1
NO1
C1
Q2
NO2
C2
Q3
NO3
C3
Q4
NO4
C4
Q5
NO5
C5
Q6
NO6
C6
Q7
NO7
C7
PATHWAY 1004 DMX DEMULTIPLEXOR
1 2
3 4
DI-
DMX IN
SHLD
COM
DI+
DI-
DI+
DI-

DMX THRU
SHLD
COM
DI+
DI-
DI+
V-
EARTH
GND
V-
V+
V+
COM
1 2
3 4
COM
1 2
3 4
COM
1 2
3 4
COM

ANALOG OUTPUTS
64 65
0-10VDC
TO
CP-B
PATHWAY 1009 DMX SPLITTER -4 WAY
DI-
DI+
D2-
D2+
SHLD
COM

DMX OUT A
DI-
DI+
D2-
D2+
SHLD
COM

DMX OUT B
DI-
DI+
D2-
D2+
SHLD
COM

DMX OUT C
DI-
DI+
D2-
D2+
SHLD
COM

DMX OUT D
DI-
DMX IN
SHLD
COM
DI+
DI-
DI+
DI-

DMX THRU
SHLD
COM
DI+
DI-
DI+
V-
EARTH
GND
V-
V+
V+
66 67 68 69 70 71

DMX OUT

TO JET LIGHTS
REMOTE
62 63

TO FOG PANEL

START SIGNAL

BLU BRN BRN BLU BRN BLU BRN BLUYEL YEL YEL YEL
18/2

TWISTED
18/2

TWISTED
18/2
& SHLD
18/2
& SHLD
18/2
& SHLD
#14-YEL #16-BRN#16-BLU
#16-BLU
#16-BRN
13 14
VR

BUTTERFLY
VALVES
RELAY

1. ORIGINAL PANEL FABRICATED BY TOTAL CONTROL

2. U.L. 508A LISTED INDUSTRIAL CONTROL PANEL TO BE FABRICATED AND LABELED PER U.L. 508A.

3. GFI BREAKERS TO BE RATED AT 6MA GROUND FAULT FOR PERSONEL PROTECTION.

4. DOOR MOUNTED INDICATING LIGHTS TO BE LED TYPE.

5. CONTROL PANEL TO BE MODIFIED BY RSD-TOTAL CONTROL, 26021 ATLANTIC OCEAN DRIVE, LAKE FOREST, CALIFORNIA, (949)380-7878, [email protected].

6. CONTRACTOR TO PROVIDE SIX PROGRAMS FOR THE PHAROS CONTROLLER AS PART OF THE CONTROL PANEL MODIFICATIONS.

7. SPRAY GROUND PROGRAMS SHALL BE COORDINATED WITH THE CITY. COORDINATION IS INCLUDED IN THE CONTRACTOR'S BID.

8. PROGRAMMING OF PHAROS CONTROLLER TO BE PROVIDED BY FOUNTAIN SUPPLY COMPANY, (661)254-5777, [email protected].

CONTROL PANEL CONSTRUCTION NOTES
Item 1Q - Page 54
5%
+2'
+3' +3'
+2'
+2'
+2'
+2.5'
-2.5'
462.90
462.42
463.47
463.02
460.00
462.20
460.51
460.29
462.50
461.33

4.8%
461.00

2.0%
462.27

2.5%
463.00

1.5%
462.20
463.40
462.50
463.00
476.50
T.O.W.
467.00
T.O.W.
+2'
+1'
+2'
+3' +3'
479.00
T.O.W. ALIGN WITH

TOP OF BUIDLING
462.50
479.00
T.O.W. ALIGN WITH

TOP OF BUIDLING
+1'
+1'
+2'
+1'
+2'
+1'
+1'
+1'+1'
+2'
+1'
+2'
+1' +3'
476.50
467
468
471
466.5
469
470
472
MIN 2%
3:1
X X
X X X
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-01-13SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/16" = 1'-0"
NOTES

LEGEND &
WF8.01

SPRAY GROUND EQUIPMENT ROOM

SPRAY GROUND CHEMICAL STORAGE
POWER
J

FEEDER WIRE
NO. CONDUIT POWER GROUND
2#10 1#103/4"
Item 1Q - Page 55
OPEN
ESOLC
P-1.2
Waterfall Pump
P-2.2
Jet Pump
LP-A
CP-A
DP-A
P-1.3
Fog Skid
XFMR-1
UV
Panel
P-2.1
Filter Pump
Equipment Room Tank
F-2.2A
Basket Strainer
F-1.2
Basket
Strainer
Up
Electrical Panels
Platform
Sump
XXXX

X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X
APP.DATEBY DATENO

JOB SCALE

REVISIONS
TITLE

DESIGNED
DRAWN

CHECKED
DATE
JOB NO.

SHEET
SAS, JCSOS 2025-01-13SOS 24110
JOB NUMBER: 24110

DOWNTOWN PARK

SPRAY GROUND
sia
AQUATIC STUDIO INC.
318 W. KATELLA AVENUE, STE A
ORANGE, CA 92867
(949)229-0350
1/2" = 1'-0"
WF8.02
SPRAY GROUND FILTER PUMP MOTOR PACO MODEL 50123C REPLACE EXISTING MOTOR TO 15 HP, 3Ø, 18.8 AMPS11

MANUFACTURER / CONTACT QUANTITY NOTESNAME MODELITEM

EQUIPMENT SCHEDULE
5 WATERFALL FILTER PUMP PENTAIR INTELLIFLO 40 GPM @ 60' TDH W/ VFD DRIVE, 208V, 12.4 AMPS, 1Ø, 2590 W, 3 HP, 450 TO 3450 RPM1
7 8
9 SPRAY GROUND CHEMISTRY CONTROLLER BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1

WATERFALL CHEMISTRY CONTROLLER
VENT FAN FANTECH FR160 EXTEND 6" PVC PIPE AND INSTALL NEW VENT FAN, 116W, 120V, 1Ø, 0.99 AMPS1
BECS TECHNOLOGY BECSYS5 STARTUP AND COMMISSION BY MANUFACTURER1 5 7 8

EQUIPMENT ROOM - POWER PLAN
Scale: 1/2" = 1'-0"

CHEMICAL STORAGE

EQUIPMENT ROOM &

POWER PLAN
1 9
J

FEEDER WIRE
NO. CONDUIT POWER GROUND
2#12 1#123/4"
J

CHEMICAL STORAGE AREA - POWER PLAN
Scale: 1/2" = 1'-0"
FAN
D2
C2
D1
E6
SPRAY GROUND CHLORINE FEEED PUMP STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1C1 C2
D1
D2

SPRAY GROUND ACID FEED PUMP

WATERFALL CHLORINE FEED PUMP

WATERFALL ACID FEED PUMP
CHEMICAL SHED VENT FAN DAYTON 1TDN5 115V, 0.30 AMPS, 1Ø, CONNECT TO SWITCH AND TIMER2E6 STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
STENNER 45MHP10 120V, 1Ø, 1.7 AMPS1
C1
4#12 1#123/4"
J
J
2#121/2"
J
J
E6
Item 1Q - Page 56
55575.18100\42920836.2

Revised 8.9.23 Page 33 of 44

EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Item 1Q - Page 57
55575.18100\42920836.2

Revised 8.9.23 Page 34 of 44

EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

CALIFORNIA WATERS DEVELOPMENT INC DBA, CALIFORNIA WATERS

By:

Signature

Name (print)

Title (print)

Title (Print)
Item 1Q - Page 58
55575.18100\42920836.2

Revised 8.9.23 Page 35 of 44

EXHIBIT “E”

Item 1Q - Page 59

Page 1 of 9 ends

Palm Springs City CouncilJune 25, 2025

Palm Springs City Council
June 25, 2025