CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
JUNE 25, 2025
4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
4:00 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
June 25, 2025 City Council Regular Meeting Agenda 2
5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS: NONE
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of June 11, 2025.
B. ACCEPT REAPPOINTMENT TO AIRPORT COMMISSION
RECOMMENDATION:
Accept the reappointment of Kevin Wiseman from the City of Palm Desert to the Airport Commission effective immediately for a term ending June 30, 2028.
June 25, 2025 City Council Regular Meeting Agenda 3
C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2025
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2025.
D. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-24-25
TOTALING $2,595,742.34 AND ACCOUNTS PAYABLE WARRANTS DATED 05-22-25 TOTALING $5,573,400.09 IN THE AGGREGATE AMOUNT OF $8,169,142.43 DRAWN ON BANK OF AMERICA."
E. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT DEMOLITION
OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER PROJECT, CITY PROJECT 21-06
RECOMMENDATION:
Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the Wastewater Treatment Plant (“WWTP”) Demolition of Abandoned Headworks, Primary Clarifiers, and Sand Filter Project (“the Project”); and
1. Authorize the City Manager to execute all necessary documents and appropriate the required funds from the Wastewater Fund balance to award a construction contract and task order, enabling these actions to proceed during the City Council's August break.
2. June 25, 2025 City Council Regular Meeting Agenda 4
F. APPROVAL OF AMENDMENT NO. 8 TO THE AIRPORT CAR RENTAL CONCESSION AGREEMENTS AND APPROVAL OF AMENDMENT NO. 9 FOR
AVIS-BUDGET AIRPORT CAR RENTAL CONCESSION AGREEMENT AT PALM
SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Amendment No. 8 and Avis-Budget Amendment No. 9 to Airport car rental concession agreements doing business as car rental agencies at the Airport which includes:·
1. Avis/Budget Car Rental, LLC (Amendment No. 9)
The Hertz Corporation (Amendment No. 8)
Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 8)
Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 8) DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 8)
2. Authorize the City Manager or designee to execute all necessary documents.
G. APPROVE AGREEMENT WITH CANYON PALM SPRINGS HOTEL, LLC, FOR REIMBURSEMENT OF PUBLIC ART FEES IN THE AMOUNT OF $192,710 FOR
ARTWORKS BY VARIOUS ARTISTS INSTALLED AT THE THOMPSON HOTEL RECOMMENDATION:
Accept the public artwork located in the Thompson Hotel lobby and Restaurant Lounge (Lola Rose) located at 414 South Palm Canyon Drive.
1. Appropriate Public Art Funds in the amount of $192,710 to reimburse Canyon Palm Springs Hotel, LLC.
2. Approve the Agreement with Canyon Palm Springs Hotel, LLC, for Reimbursement of Public Art Funds to Install Artwork at Thompson Palm Springs Hotel.
3. Authorize the City Manager to execute all necessary documents.4.
H. APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM
SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS,
THROUGH ITS POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER
SERVICES
RECOMMENDATION:
Approve an agreement with Palm Springs Unified School District to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2026/2027 school year.
1. Authorize the City Manager to execute all necessary documents. 2.
I. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT June 25, 2025 City Council Regular Meeting Agenda 5
I. ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN
EXPENDITURE PLAN AND APPROPRIATION
RECOMMENDATION:
Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.
1. Direct the Director of Finance/City Treasurer to fund the appropriation.2.
Authorize the City Manager to execute all necessary documents. 3.
J. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C175 WITH CARAHSOFT TECHNOLOGY CORP. TO PROVIDE A COMMON/SHARED USE
PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Cooperative Purchase Agreement No. 25C175 with Carahsoft Technology Corp. to provide a Common/Shared Use Passenger Processing System for the Palm Springs International Airport for a five-year term beginning July 1, 2025, through June 30, 2030, in an amount not to exceed $828,610.90.
1. Authorize the City Manager or designee to execute all necessary documents.2.
K. AUTHORIZE THE DISPLAY OF THE POW/MIA FLAG AT CERTAIN CITY FACILITIES ON THE FOLLOWING DAYS: ARMED FORCES DAY, MEMORIAL
DAY, FLAG DAY, INDEPENDENCE DAY, NATIONAL POW/MIA RECOGNITION
DAY, AND VETERANS DAY
RECOMMENDATION:
Authorize City staff to display the POW/MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. Provide staff direction on whether the flag should be displayed at City Hall only or at all City facilities with a flagpole.
L. APPROVAL OF AN AGREEMENT WITH ACTION PARK ALLIANCE, INC. FOR
OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK RECOMMENDATION:
Approve the Operation Agreement between City of Palm Springs and Action Park Alliance, Inc., subject to final City Manager and City Attorney approval, for operation of the Palm Springs Skate Park, Retail/Pro Shop and Concession for a term of three (3) years with two one (1) year extensions; and
1. Authorize the City Manager to execute all necessary documents. 2.
M. APPROPRIATION OF FY 2024 SETTLEMENT AND AIRPORT REVENUE June 25, 2025 City Council Regular Meeting Agenda 6
M. APPROPRIATION OF FY 2024 SETTLEMENT AND AIRPORT REVENUE
SHARING CREDITS TO SIGNATORY AIRLINES OPERATING AT PALM SPRINGS
INTERNATIONAL AIRPORT PER THE TERMS OF THE AIRPORT USE AND
LEASE AGREEMENT
RECOMMENDATION:
Approve appropriation and remittance of the FY 2024 Settlement and Airport Revenue Sharing credits to the Airport’s seven Signatory Airlines; Air Canada, Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, United Airlines and WestJet (Signatory Airlines).
1. Authorize the City Manager or designee to remit payments to each Signatory Airline in the amounts calculated by the Airport and Finance Department.
2. N. APPROVE CONTRACT SERVICES AGREEMENT 25S170 WITH
GOVERNMENTJOBS.COM DBA NEOGOV, INC TO PROVIDE HR MANAGEMENT
AND PAYROLL PROCESSING SOFTWARE
RECOMMENDATION:
Approve contract services agreement 25S170 with GOVERNMENTJOBS.COM, INC DBA NeoGov for an initial three-year term commencing July 1, 2025, and continuing through June 30, 2028, with two one-year extension options, to provide HR Management and Payroll processing software for an amount not to exceed $424,028.61.
1. Authorize the City Manager or designee to execute all necessary documents.2.
O. 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. P. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE June 25, 2025 City Council Regular Meeting Agenda 7
P. 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. Q. 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.
June 25, 2025 City Council Regular Meeting Agenda 8
R. CONDUCT A SECOND READING AND ADOPT ORDINANCE NO. 2114, AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.92 OF THE PALM SPRINGS
MUNICIPAL CODE, STRICTLY REGULATING CO-OWNED HOUSING UNITS,
AND DETERMINING SUCH ACTION TO BE EXEMPT
FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)."
RECOMMENDATION:
Conduct a second reading (adopt), Ordinance No. 2114, an ordinance entitled, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING CHAPTER 5.92 OF THE PALM SPRINGS MUNICIPAL CODE, STRICTLY
REGULATING CO-OWNED HOUSING UNITS, AND DETERMINING SUCH
ACTION TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)"
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. ASSEMBLY BILL 2561 EMPLOYEE VACANCIES AND RECRUITMENT AND
RETENTION EFFORTS
RECOMMENDATION:
Hold a public hearing and receive and file the annual report on the status of City vacancies, recruitment, and retention efforts, as required by Assembly Bill 2561.
B. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2025-26 ASSESSMENT, AND CONDUCT OF
PROTEST PROCEEDINGS
RECOMMENDATION:
Open the public hearing, receive public testimony and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2025-26; and
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT
OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN
ASSESSMENT FOR FISCAL YEAR 2025-26 IN CONNECTION WITH THE
PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT
2. June 25, 2025 City Council Regular Meeting Agenda 9 DISTRICT.”
C. PUBLIC HEARING AND ADOPTION OF THE FY 2025-26 AND FY 2026-27
COMPREHENSIVE BUDGETS, PALM SPRINGS COMMUNITY
REDEVELOPMENT SUCCESSOR AGENCY BUDGET, UPDATED STATUS OF ADOPTED 5-YEAR CAPITAL IMPROVEMENT PROGRAM, APPROPRIATIONS
LIMIT, AND ALLOCATED POSITIONS AND COMPENSATION PLAN
RECOMMENDATION:
Open the public hearing and accept public testimony on the FY 2025–26 and FY 2026-27 Budgets.
1. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FY 2025-26 AND FY
2026-27; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;”
2. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FY 2025- 26 AND FY 2026- 27 AND SUCH OTHER MATTERS AS REQUIRED;”
3. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS
CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS
COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
SUCCESSOR AGENCY BUDGET FOR FY 2025-26 AND FY 2026- 27, AND OTHER SUCH MATTERS AS REQUIRED;”
4. Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN
APPROPRIATIONS LIMIT FOR FY 2025-26 ENDING ON JUNE 30, 2026;” and
5. Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget documents for FY 2025-26 and FY 2026-27.
6. 3. BUSINESS & LEGISLATIVE: NONE
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
June 25, 2025 City Council Regular Meeting Agenda 10
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on June 18, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
June 25, 2025 City Council Regular Meeting Agenda 11
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
4:00 P.M. CLOSED SESSION
Attachments
Closed Session Agenda
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CLOSED SESSION AGENDA
Wednesday, June 25, 2025 – 4:00 p.m.
PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.
CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
CONFERENCE WITH LEGAL COUNSEL-SIGNIFICANT EXPOSURE TO LITIGATION G.C §54956.9(d)(2)
Two (2) matters
CONFERENCE WITH REAL PROPERTY NEGOTIATORS G.C § 54956.8
Property:
City Negotiators:
Negotiating parties:
Under negotiation:
2300 Baristo Road, Palm Springs, CA 92262; 1.29 Acres;
(APN: 502-190-017)
Scott Stiles, City Manager; Flinn Fagg, Deputy City Manager; and Jeff Ballinger, City Attorney
Palm Springs Cultural Center
Price and Terms
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of June 11, 2025.
Attachments
Item 1A
City of Palm Springs DRAFT MINUTES Page 1
Wednesday, June 11, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Wednesday, June 11, 2025, at 6:01 p.m.
PLEDGE OF ALLEGIANCE:
Mayor deHarte led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein , Grace Elena Garner, and David Ready ; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None.
City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS : None.
PROCLAMATIONS:
Mayor deHarte announced the issuance of the following proclamations:
• The mayor recognized June 3, 2025, for the 50 th Anniversary of El Mirasol Villas, a historic gay resort in the Warm Sands neighborhood. El Mirasol Villas has provided a welcoming, private, and social community for guests all around the world, fostering a sense of belonging, pride, and connection.
• The mayor proclaimed National HIV Long-Term Survivors Awareness Day on June 5, 2025. This day honors individuals who have lived with HIV for an extended period, recognizing their resilience, contributions, and ongoing challenges. It also raises awareness about HIV, the importance of long- term care, and the progress that has been made in HIV treatment and prevention.
• The mayor recognized “Pollinator Week”, from June 16 to June 22, as an annual event that helps raise awareness about the importance of pollinators and the roles they play in our ecosystems, economies, and agriculture, as well as the steps that can be taken to protect them.
Item 1A - Page 1
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 2
ACCEPTANCE OF THE AGENDA:
MOTION BY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. 1H for separate discussion and the continuation of Item 1.K to a date uncertain.
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of J une 11, 2025, was called to order by Mayor deHarte at 4:30 p.m.
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN CARRIED 5-0 to add the following late breaking item to the closed session agenda.
CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION Gov.
Code § 54956.9(d)(2)
One (1) matter
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LABOR NEGOTIATORS G.C § 54957.6
City Negotiators:
Employee Organization:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
PUBLIC TESTIMONY:
Michael Joseph Pitkin, Tim Watts, Michael Shaw, and Robert Fontes provided oral testimony.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN , CARRIED 5 -0, to approve the Consent Calendar with the removal of Item No. 1H for separate discussion; Item No. 1.K was continued to a date uncertain.
A. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5 -0, APPROVE THE CITY COUNCIL MEETING MINUTES OF MAY 21, 2025, MAY 22, 2025, AND MAY 28, 2025.
Item 1A - Page 2
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 3
B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0, TO
1. Appoint Stasik “Harrison” Winderbaum to the Administrative Appeals Board for a term ending June 30, 2028.
2. Waive the requirements of the Palm Springs Municipal Code 2.06.010(c) and reappoint Todd Burke to the Airport Commission for a term ending June 30, 2026. Reappoint Samantha McDermott to the Airport Commission for a term ending June 30, 2028.
3. Appoint Gary Brackett to the Library Board for a term ending June 30, 2028.
4. Appoint Alexandra Phillips to the Parks and Recreation Commission for a term ending June 30, 2028.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0, TO ADOPT RESOLUTION NO. 25315 "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-10-25 TOTALING $2,620,083.33 AND ACCOUNTS PAYABLE WARRANTS DATED 05-08-25 TOTALING $8,243,498.52 IN THE AGGREGATE AMOUNT OF $10,863,581.85 DRAWN ON BANK OF AMERICA."
D. RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE PALM
SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING; REVIEW AND
APPROVAL OF REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (TBID) ADVISORY BOARD, FISCAL YEAR 2025-2026
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0 TO
1. Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2025-2026; and
2. Adopt a Resolution No. 25316, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.”
E. SECOND READING AND ADOPTION OF ORDINANCE NO. 2111 APPROVING THE 2025 FIRE HAZARD SEVERITY ZONE MAP, AMENDMENTS TO CHAPTER 8.04 (FIRE CODE) OF THE PALM SPRINGS MUNICIPAL CODE, AND THE AMENDMENT OF APPENDIX S – VEGETATION MANAGEMENT GUIDELINE’
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0 TO waive the second reading of text in its entirety, read by title only, and adopt ORDINANCE NO. 2111 entitled, “ AN ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING FIRE HAZARD SEVERITY ZONES
WITHIN THE CITY OF PALM SPRINGS BASED ON MAPS PROVIDED BY THE Item 1A - Page 3
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 4
CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, AMENDING CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, AND APPROVING
AMENDMENTS TO THE PALM SPRINGS FIRE DEPARTMENT VEGETATION MANAGEMENT GUIDELINES."
F. SECOND READING AND ADOPTION OF ORDINANCE NO. 2112 APPROVING CASE COZ-2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M -1) FOR A PROPOSED NEW 2,895 -SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08-ACRE UNDEVELOPED SITE LOCATED AT THE SOUTHEAST
CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5 -0 to waive the second reading of text in its entirety, read by title only, and adopt ORDINANCE NO. 2112 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE COZ -2024-0001, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PROFESSIONAL’ (P) TO ‘SERVICE/MANUFACTURING’ (M-1) FOR A PROPOSED NEW 2,895-SF BANK AND AN AUXILIARY DRIVE-THRU FACILITY AT A 1.08 -ACRE UNDEVELOPED SITE
LOCATED AT THE SOUTHEAST CORNER OF EAST RAMON ROAD AND SOUTH CALLE SANTA CRUZ, ZONE P, SECTION 19.”
G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2113 AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION,
MODIFYING FLOODPROOFING AND FREEBOARD REQUIREMENTS FOR
MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5 -0 to waive the second reading of text in its entirety, read by title only, and adopt ORDINANCE NO. 2113 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE CHAPTER 8.68, FLOOD DAMAGE PREVENTION,
MODIFYING FLOODPROOFING AND FREEBOARD REQUIREMENTS FOR
MECHANICAL AND UTILITY EQUIPMENT, AND FOR MANUFACTURED HOMES”
H. APPROVE THREE -YEAR LEASE AGREEMENT NO. 25L155 WITH PACIFIC
CASTLE RIMROCK, LLC FOR TEMPORARY LIBRARY LOCATION FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, PROJECT NO. 16-08
This item was removed from the consent calendar for consideration under the excluded consent calendar.
Item 1A - Page 4
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 5
I. APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID STATE HIGHWAY MANHOLE REPAIRS, CITY PROJECT 24-04
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0 TO
1. Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the State Highway Manhole Repairs, City Project 24-04, (“the Project”); and;
2. Authorize the City Manager to execute all necessary documents.
J. APPROVAL OF A GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON ACROSS CITY-OWNED REAL PROPERTY LOCATED AT 3400 EAST TAHQUITZ CANYON WAY (APN:677-280-010, AIRPORT PROPERTY)
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5 -0 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
GRANT OF EASEMENT (ATTACHMENT A) TO SOUTHERN CALIFORNIA EDISON TO
UNDERGROUND ELECTRICAL SUPPLY SYSTEM ACROSS A PORTION OF THE PROPERTY IDENTIFIED BY ASSESSOR’S PARCEL NUMBER 677 -280-010 WITHIN AIRPORT PARKING LOT B.
K. AWARD OF A CONSTRUCTION CONTRACT WITH SKANSKA USA BUILDING IN THE AMOUNT OF $71,774,497 AND THE ACCEPTANCE OF THE FEDERAL
AVIATION ADMINISTRATION (FAA) AND TRANSPORTATION SECURITY
ADMINISTRATION (TSA) GRANT AWARDS FOR THE FUNDING OF THE
PROJECT FOR AIRPORT BAGGAGE HANDLING SYSTEM IN- LINE SCREENING “THE PROJECT”, AIRPORT PROJECT PSP-04
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0 TO CONTINUE THIS ITEM TO A DATE UNCERTAIN.
L. ACCEPTANCE OF THE AIRPORT TAXIWAY REHABILITATION, CITY PROJECT 21- 27 MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0 TO
1. Accept the public works improvement identified as the Airport Taxiway Rehabilitation, City Project 21-27, as completed in accordance with the plans and specifications;
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Airport Taxiway Rehabilitation, City Project 21 -27; and
3. Authorize the City Manager to execute all necessary documents.
Item 1A - Page 5
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 6
M. ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 8), FEDERAL -AID PROJECT NO. HSIPL-5282 (047), CITY PROJECT NO. 16- 18
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0 TO
1. Accept the public works improvement identified as the Highway Safety Improvement Project (Cycle 8), City Project No. 16 -18 (“Project”), as completed in accordance with the plans and specifications; and
2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for installation of the Highway Safety Improvement Project (Cycle 8), City Project No. 16- 18.
N. APPROVE NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L118 WITH WORLDWIDE FLIGHT SERVICES, INC. FOR TERMINAL USE
SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0 TO
1. Approve the Airport Non- Exclusive Operating and Lease Agreement No. 25L118 with Worldwide Flight Services, Inc. for the lease of 240 square feet of office space at $133.04 per square foot per year, effective March 1, 2025 through February 28, 2026, with two (2) one -year options to extend.
2. Authorize the City Manager or designee to execute all necessary documents.
O. APPROVE NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L134 WITH UNITED SERVICE ORGANIZATIONS, INC. FOR HANGAR AND
OFFICE SPACE AT PALM SPRINGS INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0 TO
1. Approve the Non- Exclusive Operating and Lease Agreement No. 25L134 with United Service Organizations, Inc. for the lease of 4,000 square feet of hangar and office space and eight (8) assigned parking spaces adjacent to the Palm Springs International Airport, effective April 1, 2025 through March 31, 2026, with two (2) one -year options to extend by the Lessee.
2. Authorize the City Manager or designee to execute all necessary documents.
P. APPROVE NON- EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. 25L133 WITH WEST AVIATION SERVICES – SAN DIEGO, INC. DBA SIERRA
AVIATION GROUP FOR TERMINAL OFFICE SPACE AT THE PALM SPRINGS
INTERNATIONAL AIRPORT
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0 TO
1. Approve the Airport Non- Exclusive Operating and Lease Agreement No. 25L133 with West Aviation Services – San Diego, Inc. dba Sierra Aviation Group for the lease of 345 square feet of office space at $133.04 per square foot per year, effective March 1, 2025 through February 28, 2026, with two (2) one -year options to extend.
2. Authorize the City Manager or designee to execute all necessary documents.
Item 1A - Page 6
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 7
Q. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2025- 26
MOTION BY COUNCILMEMBER READY, SECOND BY COUNCILMEMBER
BERNSTEIN, CARRIED 5-0 TO ADOPT Resolution No. 25317, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-26 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.”
EXCLUDED CONSENT CALENDAR:
H. APPROVE THREE -YEAR LEASE AGREEMENT NO. 25L155 WITH PACIFIC
CASTLE RIMROCK, LLC FOR TEMPORARY LIBRARY LOCATION FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, PROJECT NO. 16 -08
MOTION BY COUNCILMEMBER BERNSTEIN , SECOND BY MAYOR PRO TEM SOTO, CARRIED 5 -0,
1. Approve Lease Agreement No. 25L155 with Pacific Castle Rimrock, LLC subject to final City Manager and City Attorney approval as to form, for the lease of 6,001 square feet storefront, effective July 1, 2025 through June 30, 2028, with two (2) consecutive six-month options to extend by the Lessee in an amount not to exceed $514,166.00.
2. Authorize the City Manager or designee to execute all necessary documents.
2. PUBLIC HEARINGS:
A. AN APPLICATION BY JULI SAVITT-CAVNAR AND ADAM CAVNAR FOR HISTORIC SITE DESIGNATION OF “THE RICHARD AND SIGNE HOLECHEK RESIDENCE” LOCATED AT 2395 PEBBLE BEACH DRIVE (APN 681-242-008), CASE HSPB #163 (SY)
MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25318, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE RICHARD AND SIGNE HOLECHEK RESIDENCE LOCATED AT 2395 PEBBLE BEACH DRIVE, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #163, SUBJECT TO CONDITIONS (APN 681-242-008).”
3. BUSINESS & LEGISLATIVE:
A. GENERAL FUND, CAPITAL, AND AIRPORT DRAFT BUDGET FOR FISCAL YEARS 2025-26 AND 2026-27
Council discussed the item and provided direction to staff.
**The City Council recessed at 8:28 PM. The meeting reconvened at 8:39PM.**
Item 1A - Page 7
City Council Minutes June 11, 2025
City of Palm Springs DRAFT MINUTES Page 8
B. INTRODUCE AND CONDUCT FIRST READING OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.92 OF THE PALM SPRINGS MUNICIPAL CODE, STRICTLY
REGULATING CO-OWNED HOUSING UNITS, AND DETERMINING SUCH ACTION
TO EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”
MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5 -0, TO Introduce and conduct a first reading by title only, of ORDINANCE NO. 211 4 entitled "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.92 OF THE PALM SPRINGS MUNICIPAL
CODE, STRICTLY REGULATING CO-OWNED HOUSING UNITS, AND DETERMINING
SUCH ACTION TO BE EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
PUBLIC COMMENT:
Michael Pitkin and Ronson Souza provided non- agenda oral testimony. Thomas Perry , Jane Dodd and Brandon Georger registered but did not provide oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. All City Councilmembers provided comment.
ADJOURNMENT:
The City Council adjourned the regular meeting of Wednesday, June 11, 2025, at 10:48 p.m.
Respectfully submitted,
_________________________
Brenda Pree, MMC, CERA
City Clerk
DRAFT MINUTES PRESENTED TO CITY COUNCIL: 6/25/2025
Item 1A - Page 8
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
ACCEPT REAPPOINTMENT TO AIRPORT COMMISSION
RECOMMENDATION:
Accept the reappointment of Kevin Wiseman from the City of Palm Desert to the Airport Commission effective immediately for a term ending June 30, 2028.
Attachments
Item 1B
CITY COUNCIL STAFF REPORT
D
ATE: JU NE 25, 2025 CONSENT CALENDAR
S
UBJECT: ACCEPT REAPPOINTMENT TO AIRPORT COMMISSION
F
ROM: Scott C. Stiles, City Manager
BY: B
renda Pree, City Clerk
RECOMMENDATION:
Accept the reappointment of Kevin Wiseman from the City of Palm Desert to the Airport Commission effective immediately for a term ending June 30, 2028.
BACKGROUND:
The City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions . At this time, all Boards and Commissions seats have been filled, with the exception of one (1) alternate vacancy within the Administrative Appeals Board, with a term ending June 30, 2026; and two (2) vacancies within the Sustainability Commission with terms ending June 30, 2026. The next open recruitment is scheduled between March 2026 through April 2026.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
AT
TACHMENTS:
A. B
oard & Commission Roster (Airport Commission)
B. Reappointment Letter from City of Palm Desert
Item 1B - Page 1
ATTACHMENT A
Item 1B - Page 2
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
Member – District Original Appointment Expires
Geoffrey Kiehl– City of La Quinta July 9, 2024 June 30, 2027 Keith Young – City of Rancho Mirage March 2, 2023 July 1, 2027 Christian Samlaska – City of Cathedral City July 9, 2024 June 30, 2027 Kevin Wiseman – City of Palm Desert Jan. 13, 2022 June 30, 2025 Dirk Voss – City of Desert Hot Springs Jan. 21, 2025 January 21, 2027 Denise Delgado – City of Coachella Jan. 25, 2023 December 31, 2025 Rick Wise – City of Indio April 1, 2023 April 1, 2026
Margaret Park – County of Riverside July 01, 2023 June 30, 2026 Robert Berriman – City of Indian Wells July 01, 2023 June 30, 2026 Kevin Corcoran* – 5 Dec. 19, 2018 June 30, 2027
Todd Burke* – 4 June 19, 2019 June 30, 2026
David Feltman* – 4 June 19, 2019 June 30, 2025
Tracy Martin – 1 May 25, 2023 June 30, 2026
Daniel Caldwell – 5 May 25, 2023 June 30, 2026
J Craig Fong – Outside PS May 25, 2023 June 30, 2026
Dave Banks – 5 Sept. 14, 2023 June 30, 2026
Samantha McDermott – 2 June 13, 2024 June 30, 2028
Robert (Ken) Hedrick – 5 June 13, 2024 June 30, 2027
Bryan Ebensteiner - 2 June 13, 2024 June 30, 2027
Item 1B - Page 3
ATTACHMENT B
Item 1B - Page 4
Item 1B - Page 5
June 17, 2025
City of Palm Springs
ATTN: Mayor and City Council
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
CITY Of PAlM DISIRT
73-510 FRED WARIN G DRIVE
PALI\,! DESERT , CAl. tFORNU 92260-2578
TEL: 760-346-0611
JNFO@PALMDESERT,GOV
The Honorable Mayor deHarte and Members of the City Council:
The City of Palm Desert respectfully submits the nomination of Kevin Wiseman for reappointment to the Palm Springs International Airport Commission, for a second and final consecutive term from July 1, 2025, through June 30, 2028. This nomination was formally approved by the Palm Desert City Council at its regular meeting on June 12, 2025.
We appreciate your consideration of this nomination in accordance with the Commission's established appointment process.
Thank you for your attention to this matter.
Sincerely,
;1~-h-ornA ~
Mhony/ ~
City Clerk
City of Palm Desert
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2025
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2025.
Attachments
Item 1C
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2025
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of May 1 through May 31, 2025.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority . Palm Springs Municipal Code §7.01.04(8) requires a monthly report to be submitted to the City Manager.
The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement and Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for May 2025 B. Purchase orders for May 2025
Item 1C - Page 1
==========__J __ ====f====--
ATTACHMENT A
Item 1C - Page 2
STAFF AUTHORIZED AGREEMENTS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
AVIATION DEPARTMENT 25B157 ON CALL LOCKSMITH SERVICES, IFB 25-04 VALLEY LOCK AND SAFE $ 150,000.00 CITY CLERK 25I128 SHREDDING, RECYCLING, AND SECURE DESTRUCTION
SERVICES FOR CITY MANAGER
DESERT ARC DBA DESERT ARC SHREDDING
AND RECYCLING $ 3,078.00
CITY CLERK 25I129
CODIFICATION OF ORDINANCES, FILE CREATION FOR
WEB-BASED CODES, PUBLISHING OF SUPPLMENTS TO
THE PRINTED CODE & CODE ARCHIVING
ICC GENERAL CODE DBA QUALITY CODE
LLC $ 1,945.00
CITY MANAGER 25I131 TOURISM IMPROVEMENT DISTRICT (TID) CIVITAS ADVISORS, INC. $ 2,500.00
ENGINEERING - PUBLIC
WORKS 25L123 APPROVED BY CM MEMO DATED 10/1/24 HENRGY GLORIA ARROYO LLC $ 8,900.00
FACILITIES
MAINTENANCE 25I148 POLICS SUBSTATION DUAL PANE UNIT REPLACEMENT MIRROR AND GLASS WORKS,INC. $ 2,994.00
FACILITIES
MAINTENANCE 25I154 MODULES FOR FIRE ALARM SYSTEM AT PSPD THE STEINHILBER CORPORATION DBA JJJ ENTERPRISES $ 2,462.86
FLEET OPERATIONS 25C137 AFTERMARKET VEHICLE PARTS O’REILLY AUTOMOTIVE STORES, INC. $ 150,000.00
HOUSING &
COMMUNITY
DEVELOPMENT
25X150 PURCHASE AND SALE OF PUBLIC ARTWORK LOCATED
AT TAHQUITZ CANYON WAY CHRISTOPHER MYERS $ 9,000.00
HOUSING &
COMMUNITY
DEVELOPMENT
25X162 PURCHASE AND SALE OF PUBLIC ARTWORK LOCATED
AT SUNRISE PARK
MATT CARTWRIGHT DBA CARTWRIGHT
DESIGN $ 30,000.00
INFO TECHNOLOGY 25I140 SOCIAL MEDIA ARCHIVING FOR COPS CIVICPLUS, LLC $ 23,793.18 INFO TECHNOLOGY 25C156 PSPD CRADLEPOINT UNLIMITED DATA SIM CARD AT&T MOBILITY, LLC $ 25,000.00 POLICE DEPARTMENT 25S124 USE OF LICENSED PROPERTY FOR INSTALLATION OF
DRONE RADAR SYSTEM
PACIFIC CHURCH NETWORK DBA PASSION
CHURCH
$ 500.00
RECREATION
DEPARTMENT 25I127 PHOTOGRAPY SERVICES FOR STOCK PHOTOS OF VARIOUS CITY FACILITIES/PARKS.
TRIPEPI SMITH AND ASSOCIATES, INC. $ 8,000.00
RECREATION
DEPARTMENT 25C130 UNIFORM RENTAL AND CLEANING SERVICES FOR PARKS MAINT. STAFF; (3 YEARS CONTRACT)
UNIFIRST CORPORATION $ 15,000.00
RECREATION
DEPARTMENT 25I136 FIREWORKS FOR 4TH JULY EVENT PYRO SPECTACULARS, INC $ 65,000.00
Item 1C - Page 3
STAFF AUTHORIZED AGREEMENTS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
RECREATION
DEPARTMENT 25C138 EQUIPMENT RENTAL SERVICES UNITED RENTALS (NORTH AMERICA), INC. $ 150,000.00
RECREATION
DEPARTMENT 25I141 INFLATABLE WATER EQUIPMENT RENTAL SERVICES
FOR SPECIAL EVENTS
A JUMP N PARTY INC DBA JUMP N PARTY
INFLATABLES $ 5,000.00
RECREATION
DEPARTMENT 25I143 ADULT/CHILD & INFANT CPR/AED & FIRST AID TRAINING AND CERTIFICATION SERVICES RENE'S AQUATICS $ 10,000.00
RECREATION
DEPARTMENT 25I153 SOCIAL MEDIA MANAGEMENT AND EMAIL MARKETING FOR RECREATION DEPARTMENT. DESERT SOCIAL CLUB $ 12,000.00
Item 1C - Page 4
ATTACHMENT B
Item 1C - Page 5
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001685 VISIONARY BOARD FOR IT CDW GOVERNMENT INC $ 384.03 25001693 A9194 DR SERVER RAIL DELL MARKETING LP $ 86.45 25001699 FIBER PATCH CABLES AND SFPS FOR NEW STORAGE FS COM INC $ 1,286.99 25001709 JOJ WIRELESS CONTROLLER AND ACCESS POINT AMS.NET INC $ 10,876.17 25001731 CLICKSHARE HUBS FOR CONFERENCE ROOMS CDW GOVERNMENT INC $ 3,642.68 25001744 A9194 LAPTOP FOR FINANCE ADMIN DELL MARKETING LP $ 3,017.03 25001745 24B204 8 JET BRIDGE SWITCH INSTALLATION DATASTREAM TECHNOLOGY
CONSULTING
$ 4,160.00
25001750 65IN SAMSUNG TV FOR PARK AND REC DIRECTOR CDW GOVERNMENT INC $ 492.86 25001752 OWL 3 CONFERENCE DEVICE B & H PHOTO $ 884.04 25001761 A9203 A9203; TIME AND ATTENDANCE SETUP GOVERNMENTJOBS.COM $ 8,500.00 25001764 24B204 FIRESTATION 2 INTERCOM HARDWARE AND
INSTALLATION
DATASTREAM TECHNOLOGY
CONSULTING
$ 4,980.91
25001765 25C121 25C121: BULK VERKADA ORDER DATASTREAM TECHNOLOGY
CONSULTING
$ 111,635.64
25001772 A9194 RAM FOR CITY CLERK LAPTOP DELL MARKETING LP $ 310.26 25001809 FCC LICENSE RENEWAL FOR WQVV752 AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$ 187.50
SUSTAINABILITY 25001814 25I060 25I060; ENERGY CONSULTING SERVICES DAVID FREEDMAN $ 10,000.00
COMMUNITY
DEVELOPMENT
25001722 25X109 25X109 BEAUTIFUL SHADE-PARKSIDE GOSSIP-RUTH HARDY
REUTIMANN, ROGER $ 50,000.00
25001694 24B386 24B386 LIGHTING FOR SKATE PARK GA TECHNICAL SERVICES INC $ 6,809.21 25001700 LED LIGHTING FOR FRANCIS STEVENS PARK DESERT ELECTRIC SUPPLY $ 1,756.35 25001695 25I116 25I116: IN-SERVICE/STAFF DEVELOPMENT DAY PRIYA SODHA $ 1,250.00 25001735 PRINT RIBBON AND CARDS PLASCO LLC $ 506.88 25001736 SUMMER CAMP ACTIVITY SUPPLIES ULINE $ 1,893.80 25001741 SUMMER CAMP T-SHIRTS SCARLIGHT LLC $ 1,224.58 25001749 SUMMER CAMP ACTIVITY SUPPLIES S&S WORLDWIDE INC $ 2,606.42 25001789 GENERATORS FOR EVENTS DIVISION JIMMYS EQUIPMENT AND TURF SUPPLIES $ 4,686.83 25001791 PACE CLOCKS SPIRALEDGE INC $ 5,153.59 25001792 FOLDING TABLES, GAFFS TAPE, STORAGE SHELVES,
RACKS
ULINE $ 5,257.66
25001805 25I127 25I127: PROFESSIONAL PHOTOGRAPHY SERVICES TRIPEPI SMITH AND ASSOCIATES INC $ 8,000.00
INFO TECHNOLOGY
RECREATION
DEPARTMENT
PARKS MAINTENANCE
(DoMF)
Item 1C - Page 6
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001839 LOCKING CART FOR SWIM SUPPLIES (SWIM CENTER) ULINE $ 818.58 25001730 ONLINE DATABASE RESEARCH PRODUCTS CENGAGE LEARNING INC/GALE $ 900.00 25001753 RADIO ADVERTISING ALPHA MEDIA LLC $ 2,288.00 25001686 STOP STICK SLEEVES STOP STICK LTD $ 1,139.35 25001721 PEPPERBALL POWDER PROJECTILES UNITED TACTICAL SYSTEMS LLC $ 5,503.61 25001781 TRAINING AMMUNITION FOR PSPD RANGE DOOLEY ENTERPRISES INC $ 14,958.17 25001810 SERVICE & STATEMENT SIGNS BADGE FRAME INC $ 4,567.85 25001815 FLAMMABLE STORAGE CABINET ULINE $ 1,507.58 25001797 RADIO LICENSING AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$ 2,367.17
25001798 EDRAULIC BATTERIES L N CURTIS AND SONS $ 3,616.16 25001799 RADIO LICENSING COMMAND VEHICLES AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$ 766.94
25001808 WILDLAND HOSE & ACCESSORIES L N CURTIS AND SONS $ 6,103.03 25001705 23P041 23P041: CP 25-01, CWA SERVICES TSG ENTERPRISES, INC. $ 12,900.00 25001706 23P041 23P041: CP 18-14, CWA SERVICES TSG ENTERPRISES, INC. $ 13,920.00 25001737 23P041 23P041: CP 01-11B, CWA SERVICES TSG ENTERPRISES, INC. $ 27,000.00 25001825 24P380 24P380: CP 01-11B, INDIAN CANYON DRIVE SEWER HARRIS AND ASSOCIATES INC $ 23,398.00 25001748 23Q390 PSP FIS CBP STAFFING AND FACILITY SUPPORT INTERVISTAS CONSULTING USA LLC $ 98,898.00 25001790 PSP STAKEHOLDER ALIGNMENT AND SUPPORT TOOL NORTH AMERICAN REGION-AIRPORTS
COUNCIL INTERNATION
$ 10,750.00
25001843 A9391 PSP CONSULTING SERVICES FOR MASTER PLAN MEAD AND HUNT INC $ 54,625.00 25001844 24B249 PSP PARTS FOR PBB ANNUAL MAINTENANCE ROBSON HANDLING TECHNOLOGY $ 6,920.35 25001845 23Q390 PSP PDR FOR TEMP LOCATION OF RENTAL CAR
FACILITIES
INTERVISTAS CONSULTING USA LLC $ 127,300.00
25001846 24B361 PSP FIRE SPRINKLER INSPECTION REPAIR DESERT FIRE EXTINGUISHER CO INC $ 2,477.50 25001847 24B177 PSP CARPET CLEANING BONO AND ACC SERVICES BUBBLES CARPET CLEANING LLC $ 3,108.00 25001364 24P381 24P381: FS 3-BOUNDARY/TOPOGRAPHIC/UTILITY SURVEY
ENGINEERING RESOURCES OF SOUTHERN $ 26,864.00
25001687 23B046 INSPECTION REPAIR - WELWOOD LIBRARY & RUDDY GEN. S
DESERT FIRE EXTINGUISHER CO INC $ 735.00
25001691 23B101 23B101 TROUBLESHOOT BELARDO GARAGE ALARM SYSTEM
FIRE PROTECTION SERVICE CORPORATION $ 350.00 25001703 A9232 DHUC BASKETBALL COURT SERVICES 05/05 - 05/09/2
5 VERDE FACILITIES SERVICES LLC $ 762.17
FACILITIES
MAINTENANCE
AVIATION DEPARTMENT
ENGINEERING - PUBLIC
WORKS
FIRE DEPARTMENT
LIBRARY
POLICE DEPARTMENT
Item 1C - Page 7
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001704 A9186 CHEMICALS FOR MUNI COGEN PLANT NALCO COMPANY $ 23,749.51 25001707 23B101 23B101 SERVICE AIRPORT HANGER ALARM SYSTEM FIRE PROTECTION SERVICE CORPORATION $ 200.00 25001717 24B129 24B129 FIRE STATION #3 CLOGGED SINK SERVICE KINCAID INDUSTRIES INC $ 434.30 25001727 A9232 A9232 CUSTORIAL FOR DHUC 5/12-16/25 VERDE FACILITIES SERVICES LLC $ 762.17 25001729 24B204 INSTALL CONDUIT AT LEISURE CENTER FOR FIBER NETWOR
DATASTREAM TECHNOLOGY
CONSULTING
$ 69,881.03
25001738 WORK SHIRTS FOR AARON BERGESON DESERT PROMOTIONAL EMBROIDERY LLC $ 217.50 25001742 A9069 A9069; TO RE-BUILD PAVILLION TOWER ALLISON MECHANICAL INC $ 25,253.52 25001746 23C177 PHONE LINES BELARDO/INDIAN CANYON, PSPD
ELEVATORS
TK ELEVATOR CORPORATION $ 20,089.24
25001751 IMPELLER AND RINGS FOR CHILLED WATER SUPPLY
PUMPS
MOTION INDUSTRIES INC $ 4,120.56
25001754 THERMOSTATS FOR DESERT ART CENTER AND CITY
CLERK
REFRIGERATION SUPPLIES DISTRIBUTOR $ 1,508.51
25001755 A9232 A9232 CLEAN PS BASEBALL STADIUM VERDE FACILITIES SERVICES LLC $ 322.65 25001759 23C177 MONTHLY SERVICE OF PHONE LINES FOR ELEVATORS TK ELEVATOR CORPORATION $ 3,300.00 25001762 PARTS FOR PD TRAINING COOLING TOWER AIR TREATMENT CORPORATION $ 3,823.09 25001768 24B129 24B129 CLEAR OUT SEWER LINES AT ACCELERATOR CAMPUS
KINCAID INDUSTRIES INC $ 1,423.76
25001770 23C394 23C394; AUTOMOTIVE PARTS AND SUPPLIES FOR
INVENTOR
DESERT AREA CORPORATION $ 10,000.00
25001778 A9069 A9069; REPLACE FAILED COMPRESSOR AND ADD
UPS, COGE
ALLISON MECHANICAL INC $ 51,892.70
25001779 24B186 24B186; PS CITY HALL CONFERENCE ROOM WAVS
INSTALL
MAURO P GARCIA $ 118,297.04
25001783 23B101 REPLACE TRANSMITTER FOR DHUC GYM WINDOW FIRE PROTECTION SERVICE CORPORATION $ 223.86 25001784 25B057 CLEAN FS #4 VENT HOOD DESERT VALLEY RESTORATION INC $ 650.00 25001786 A9040 A9040; FORKLIFT TIRE REPAIR SERVICE FOR UNIT #9103
DANIELS TIRE SERVICE INC $ 460.75
25001806 A9069 A9069;TEMPORARY LIBRARY HVAC REPAIR BUILDING 1 WES
ALLISON MECHANICAL INC $ 5,248.44
25001807 A9069 A9069;TEMPORARY LIBRARY HVAC REPAIRS FOR
BUILDING
ALLISON MECHANICAL INC $ 4,790.00
Item 1C - Page 8
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001813 A9232 DHUC BASKET BALL COURT SERVICES 05/19 - 05/23 VERDE FACILITIES SERVICES LLC $ 762.17 25001817 23B046 23B046 TEST FIRE SPRINKLERS AT NAVIGATION CENTER
DESERT FIRE EXTINGUISHER CO INC $ 1,680.00
25001819 23B046 23B046 SERVICE FIRE EXTINGUISHERS/MULTIPLE SITES DESERT FIRE EXTINGUISHER CO INC $ 5,000.00 25001823 23B046 23B046 TEST RISER AT BLDG. C NAVIGATION CENTER DESERT FIRE EXTINGUISHER CO INC $ 1,741.00 25001824 23B046 23B046 INSPECT RISERS BLDG. A & B NAVIGATION CENTE
DESERT FIRE EXTINGUISHER CO INC $ 3,244.00
25001826 23B101 23B101 SERVICE CALL NAVIGATION CENTER FIRE PROTECTION SERVICE CORPORATION $ 375.00 25001830 A9232 A9232 DHUC CLEANING 5/26-30/25 VERDE FACILITIES SERVICES LLC $ 762.17 25001832 23B046 23B046 SPRINKLER INSPECTION/REPAIR CITY HALL DESERT FIRE EXTINGUISHER CO INC $ 997.50 25001841 25B056 25B056; BARISTO PARKING STRUCTURE TRASH R & R B INC $ 5,155.15 25001842 25B056 25B056; BARISTO PARKING STRUCTURE ELEVATOR R & R B INC $ 4,563.86 25001851 A8470 A8470; PALM SPRINGS ANIMAL SHELTER ENGIE SERVICES U.S. INC. $ 2,882.00 25001852 A8470 A8470; PALM SPRINGS I-HUB ENGIE SERVICES U.S. INC. $ 701.00 25001856 23P201 23P201; CITY OF PS VICTORIA RESTROOM UPGRADE MARRS SERVICES INC $ 21,505.00 24001832 24C119 24C119: FLEET MANAGEMENT INFORMATION SYSTEM RON TURLEY ASSOCIATES INC $ 37,335.00 25001688 25I047 WINDSHIELD REPLACEMENT FOR UNIT 925 TEMECULA AUTO GLASS N TINT $ 554.65 25001689 A9230 ALIGNMENT SERVICE ON UNIT#034S GERGIS YOUSEF $ 150.00 25001690 A9190 EMERGENCY TOW FOR UNIT #311 MOHICA TOWING $ 626.00 25001692 A9230 SERVICE WORK ON UNIT 158 GERGIS YOUSEF $ 4,535.71 25001696 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY DANIELS TIRE SERVICE INC $ 119.74 25001698 CUTTING BLADES - LOADERS BLACK DIAMOND BLADE/CUTTING EDGE SUPPL
Y
$ 1,545.10
25001701 25I047 25I047; WINDSHIELD REPLACEMENT UNIT 602 TEMECULA AUTO GLASS N TINT $ 414.01 25001702 23C360 PURCHASE OF WINDOW REGULATOR FOR UNIT #407 FIESTA FORD INC $ 188.33 25001708 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY DANIELS TIRE SERVICE INC $ 411.66 25001710 24B236 UNIT #025 2024 DODGE DURANGO; BODY WORK
AND PAINT
MARVINS AUTO PAINT INC $ 1,832.11
25001711 24B236 UNIT 929 2024 FORD F-150; BODY WORK AND MARVINS AUTO PAINT INC $ 2,581.72
FLEET OPERATIONS
Item 1C - Page 9
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001712 A9190 EMERGENCY LOCK OUT SERVICE FOR UNIT #902 MOHICA TOWING $ 115.00 25001713 A9265-B REPAIRS ON FIRE FRONT LINE UNIT #221 SVT FLEET LLC $ 10,370.73 25001714 A9265-B REPAIRS ON FIRE FRONT LINE UNIT #223 SVT FLEET LLC $ 2,971.10 25001715 25S039 PURCHASE OF PARTS FOR UNIT 252 RENEWELL FLEET SERVICE LLC $ 3,206.82 25001716 25S039 PURCHASE HORN BRUSH KIT FOR UNIT 223 RENEWELL FLEET SERVICE LLC $ 273.73 25001718 VALVE SEAL AND SVC TOOL KITS FOR UNIT 222 L N CURTIS AND SONS $ 505.83 25001719 A9040 A9040; PURCHASE OF TIRES FOR UNIT 407 DANIELS TIRE SERVICE INC $ 239.48 25001720 A9040 A9040; PURCHASE OF TIRES FOR UNIT 415 DANIELS TIRE SERVICE INC $ 478.96 25001728 A9276 RADIO SYSTEM FOR RESERVE ENGINE AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$ 6,962.37
25001732 A9040 A9040; PURCHASE OF WHEELS AND RIMS FOR UNIT 6007T
DANIELS TIRE SERVICE INC $ 208.49
25001733 A9040 A9040; 15X6 MESSAGE BOARD WHEEL - UNIT 6009T DANIELS TIRE SERVICE INC $ 104.25 25001734 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY DANIELS TIRE SERVICE INC $ 274.44 25001739 CITY FLEET DECALS "RECREATION" SIGNATURE TINT $ 262.20 25001740 PS PD ROOF DECAL SET UNIT 157 & 139 SIGNATURE TINT $ 185.73 25001743 24C405 FIRETRUCK LEASE AND LOGISTICS FOR STOCK #18227 FIRETRUCKS UNLIMITED LLC $ 8,850.00 25001758 23B104 EMERGENCY VEHICLE OUTFITTING BLACK AND WHITE EMERGENCY VEHICLES $ 24,843.93 25001760 A9040 PURCHASE OF TIRES FOR INVENTORY/STOCK DANIELS TIRE SERVICE INC $ 98.81 25001763 GOLD AND WHITE MAGNETS FOR FIRE DEPT. SIGNATURE TINT $ 737.44 25001769 24C405 24C405 -25% ENGINE 3 REFURBISHMENT FIRETRUCKS UNLIMITED LLC $ 128,184.00 25001771 A9190 UNIT #156 TOWED FROM VENDOR TO CITY YARD MOHICA TOWING $ 788.00 25001773 A9040 A9040 ; PURCHASE OF A TIRE FOR
INVENTORY/STOCK
DANIELS TIRE SERVICE INC $ 153.08
25001774 25I047 WINDSHIELD REPLACEMENT UNIT 224 TEMECULA AUTO GLASS N TINT $ 650.00 25001775 A9230 REPAIRS ON UNIT#038 GERGIS YOUSEF $ 1,291.12 25001776 A9265-B SERVICE CALL FOR UNIT 221 SVT FLEET LLC $ 1,272.31 25001777 A9265-B SERVICE CALL FOR UNIT 217 SVT FLEET LLC $ 1,959.36 25001782 PURCHASE OF PARTS FOR INVENTORY AND STOCK MIDWEST MOTOR SUPPLY CO $ 217.57 25001785 25S039 25S039 FIRETRUCK PARTS FOR FLEET RENEWELL FLEET SERVICE LLC $ 11,343.68 25001787 A9040 A9040; ALIGNMENT SERVICE DANIELS TIRE SERVICE INC $ 225.00 25001793 A9040 A9040; FORKLIFT TIRE REPAIR SERVICE FOR UNIT #9103
DANIELS TIRE SERVICE INC $ 460.75
Item 1C - Page 10
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001794 PURCHASE OF "PALM SPRINGS" DECALS FOR PD
VEHICLES
SIGNATURE TINT $ 764.75
25001795 COOLANT RESERVOIR FOR UNIT 808 JESSUP AUTO PLAZA COLLISION CENTER $ 59.81 25001796 A9040 A9040; PURCHASE OF TIRES FOR UNIT 245 DANIELS TIRE SERVICE INC $ 639.90 25001803 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY/STOCK DANIELS TIRE SERVICE INC $ 309.40 25001804 A9040 A9040; PURCHASE OF TIRES FOR UNIT 252 DANIELS TIRE SERVICE INC $ 4,965.08 25001811 A9040 A9040; PURCHASE TIRES FOR UNIT 049S DANIELS TIRE SERVICE INC $ 349.32 25001812 25B061 TURN/MAKER LIGHT FOR UNIT 222 KALMIKOV ENTERPRISES INC $ 95.96 25001816 25S039 AIR SWITCH AND SENSOR FOR UNIT 204 RENEWELL FLEET SERVICE LLC $ 552.66 25001818 24B235 24B235; SERVICE WORK UNIT 808 CAT CITY AUTO BODY INC $ 3,558.09 25001820 A9230 A9230; SERVICE WORK ON UNIT 602 GERGIS YOUSEF $ 8,608.18 25001821 23C078 23C078; GENERATOR SERVICE CALL QUINN COMPANY $ 5,986.58 25001822 25I061 25I061; PURCHASE OF PRESSURE WASHER SWIVELS - STOC
TIM WALLEN / ALL AMERICAN CLEANING $ 739.05 25001828 23C360 23C360 ; NEY KEY CUT AND PROGRAMMING FOR UNIT 711;
FIESTA FORD INC $ 192.02
25001829 23C360 23C360 ; ENGINE DIAGNOSE FOR UNIT # 005 FIESTA FORD INC $ 165.00 25001831 23C360 23C360 ; ALIGNMENT ON UNIT 905; FIESTA FORD INC $ 159.95 25001833 A9265-B A9265-B ; SERVICE CALL FOR UNIT 222 SVT FLEET LLC $ 15,609.88 25001834 PURCHASE 5W20 BULK OIL SC COMMERCIAL LLC $ 1,490.03 25001835 CITY STAFF SHIRTS AND JACKETS DESERT PROMOTIONAL EMBROIDERY LLC $ 1,856.36 25001836 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY / STOCK DANIELS TIRE SERVICE INC $ 387.06 25001837 A9040 A9040; PURCHASE OF TIRES FOR INVENTORY / STOCK DANIELS TIRE SERVICE INC $ 719.31 25001838 PUBLIC WORK REFLECTIVE DECALS SIGNATURE TINT $ 437.00 25001840 24B236 24B236; UNIT 611, SEAT REPAIRS MARVINS AUTO PAINT INC $ 507.00 25001848 25B061 25B061; HORN BUTTON FOR UNIT 253 KALMIKOV ENTERPRISES INC $ 52.56 25001849 25B061 25B061; LED MARKER LIGHTS FOR INVENTORY/STOCK KALMIKOV ENTERPRISES INC $ 197.51 25001850 23B104 23B104; EMERGENCY VEHICLE OUTFITTING BLACK AND WHITE EMERGENCY VEHICLES $ 18,410.01 25001853 25B061 25B061; ROOF A/C UNIT FOR 222 KALMIKOV ENTERPRISES INC $ 4,782.21 25001857 BLACK AND YELLOW FIRE STRIP DECAL UNIT 203 SIGNATURE TINT $ 196.65
Item 1C - Page 11
PURCHASE ORDERS
MAY 1, 2025 - MAY 31, 2025
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 25001725 A9192 A9192 STREET SIGNAGE PACIFIC PRODUCTS AND SERVICES LLC $ 9,442.93 25001726 A9192 A9192 SIGN LETTERING FOR CUSTOM SIGNS PACIFIC PRODUCTS AND SERVICES LLC $ 17,525.63 25001757 25C048 25C048 5 YARD DUMP TRUCK RENTAL UNITED RENTALS $ 2,785.88 25001767 25C048 25C048 8' SWEEPER RENTAL UNITED RENTALS $ 2,522.58 25001788 PARTS FOR LIGHTING REPAIRS ALONG PALM
CANYON
DESERT ELECTRIC SUPPLY $ 5,449.40
25001827 A9192 A9192 8' BARRICADES PACIFIC PRODUCTS AND SERVICES LLC $ 9,339.60 25001854 24B083 24B083 PAVEMENT IMPROVEMENTS HARDY AND HARPER INC $ 28,156.00 25001855 24B083 24B083 PAVEMENT IMPROVEMENTS HARDY AND HARPER INC $ 11,866.00
DOWNTOWN PARKS
MAINTENANCE
25001697 DOWNTOWN MAINTENANCE SUPPLIES WAXIE'S ENTERPRISES LLC $ 1,520.15 *Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.
STREETS MAINTENANCE
Item 1C - Page 12
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 05-24-25 TOTALING $2,595,742.34 AND ACCOUNTS PAYABLE WARRANTS DATED 05-22-25 TOTALING $5,573,400.09 IN THE AGGREGATE AMOUNT OF $8,169,142.43 DRAWN ON BANK OF AMERICA."
Attachments
Item 1D
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 05-24-25 TOTALING $2,595,742.34 AND
ACCOUNTS PAYABLE WARRANTS DATED 05- 22-25
TOTALING $5,573,400.09 IN THE AGGREGATE AMOUNT
OF $8,169,142.43 DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and
WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 25TH DAY OF JUNE, 2025
.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Item 1D - Page 1
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 25 th day of June, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Brenda Pree, MMC, CERA
City Clerk
Item 1D - Page 2
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 5/30/2025
June 25, 2025
PAYROLL PERIOD ENDING 5/24/2025
FEDERAL TAXES 399,278.16
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423045-423065 45,070.92
LIABILITY CHECK REGISTER 2024252-2024254 1,506.59
PAYROLL DIRECT DEPOSITS 2,010,721.75
STATE TAXES 138,310.69
VENDOR WIRE PYMTS -
DEFERRED COMP: ICMA 457 -
DEFERRED COMP: NATIONWIDE -
ICMA RHS CONTRIBUTION -
CA DCCS 854.23
TOTAL 2,595,742.34
06 25 25 (2) Payroll Wires and Warrants Memo for PPE 052425 | 06252025 |6/16/2025 | 4:16 PM (AM) 1 | 1 Item 1D - Page 3
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2024043 05/22/2025 PRINTED 104719 AA BEEKEEPER INC 1,100.00 2024044 05/22/2025 PRINTED 100024 ACE PRINTING 60.09 2024045 05/22/2025 PRINTED 101814 ADLERHORST INTERNATIONAL 484.00 2024046 05/22/2025 PRINTED 104389 AECOM TECHNICAL SERVICES 19,425.00 2024047 05/22/2025 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 724.76 2024048 05/22/2025 PRINTED 100403 AETNA 20,415.60 2024049 05/22/2025 PRINTED 100911 OLIVIER PARSY 1,500.00 2024050 05/22/2025 PRINTED 100218 AGUA CALIENTE BAND OF CAH 1,000.00 2024051 05/22/2025 PRINTED 103203 AMBER C STANFORD 6,298.00 2024052 05/22/2025 PRINTED 101198 AIR TREATMENT CORPORATION 3,085.00 2024053 05/22/2025 PRINTED 100345 AIRPORT QUICK WASH 880.00 2024054 05/22/2025 PRINTED 101286 ALL AMERICAN CLEANING 438.97 2024055 05/22/2025 PRINTED 100053 ALLIED REFRIGERATION INC 3,389.71 2024056 05/22/2025 PRINTED 101327 US SECURITY ASSOCIATES IN 98,866.56 2024057 05/22/2025 PRINTED 103797 ALLISON MECHANICAL INC 8,883.09 2024058 05/22/2025 PRINTED 100755 ALTA LANGUAGE SERVICES IN 282.00 2024059 05/22/2025 PRINTED 103781 AMAZON.COM SALES INC 381.56 2024060 05/22/2025 PRINTED 100383 AMERICAN FORENSIC NURSES 5,084.46 2024061 05/22/2025 PRINTED 105147 AMERIFLEX 643.50 2024062 05/22/2025 PRINTED 104248 AMS.NET INC 838.00 2024063 05/22/2025 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2024064 05/22/2025 PRINTED 103528 ARCHITECTURAL RESOURCES G 7,378.75 2024065 05/22/2025 PRINTED 104903 ERIC ARROYO 4,600.00 2024066 05/22/2025 PRINTED 104905 ASM CONSULTING & INVESTIG 10,979.17 2024067 05/22/2025 PRINTED 100765 MUNISERVICES / AVENU INSI 10,200.00 2024068 05/22/2025 PRINTED 100413 B & H PHOTO 2,492.84 2024069 05/22/2025 PRINTED 103994 BANNER BANK 29,057.70 2024070 05/22/2025 PRINTED 101049 MARY BARSALEAU 882.00 2024071 05/22/2025 PRINTED 105123 LAWRENCE SINOR 19,100.00 2024072 05/22/2025 PRINTED 100020 BEST BEST & KRIEGER 419,494.46 2024073 05/22/2025 PRINTED 100128 BRODART CO 7,703.55 2024074 05/22/2025 PRINTED 101681 CALIFORNIA BARRICADE RENT 2,030.88 2024075 05/22/2025 PRINTED 105259 CALIFORNIA SURVEYING AND 13,001.25 2024076 05/22/2025 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2024077 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,708.12 2024078 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2024079 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 170.00 2024080 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2024081 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2024082 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,312.30 2024083 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2024084 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,000.00 2024085 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2024086 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2024087 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 3,239.98 2024088 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 269.99 2024089 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2024090 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2024091 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024092 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 167.93 2024093 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024094 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,283.90 Item 1D - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2024095 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024096 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024097 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024098 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024099 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 219.98 2024100 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 130.00 2024101 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024102 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2024103 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 549.90 2024104 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 209.99 2024105 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS 100.00 2024106 05/22/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 156.25 2024107 05/22/2025 PRINTED 104480 CITYGATE ASSOCIATES LLC 4,795.84 2024108 05/22/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 91,652.21 2024109 05/22/2025 PRINTED 101598 CORODATA RECORDS MANAGEME 75.21 2024110 05/22/2025 PRINTED 100205 NANCY K BOHL INC 2,350.00 2024111 05/22/2025 PRINTED 100196 COUNTY OF RIVERSIDE 56,256.57 2024112 05/22/2025 PRINTED 100326 KAM SOFTWARE TECHNOLOGIES 3,900.00 2024113 05/22/2025 PRINTED 103979 BLACK DIAMOND BLADE/CUTTI 1,545.10 2024114 05/22/2025 PRINTED 100322 CYRUN CORPORATION 83,121.25 2024115 05/22/2025 PRINTED 016083 KIRSTEN D'AMATO 220.56 2024116 05/22/2025 PRINTED 100115 DANIELS TIRE SERVICE INC 2,283.15 2024117 05/22/2025 PRINTED 100318 DATA TICKET INC 1,965.62 2024118 05/22/2025 PRINTED 104952 DATASTREAM TECHNOLOGY CON 12,142.92 2024119 05/22/2025 PRINTED 104828 EDUARDO DEL REAL 65.00 2024120 05/22/2025 PRINTED 100265 DELL MARKETING LP 130,127.77 2024121 05/22/2025 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,521.72 2024122 05/22/2025 PRINTED 101282 DELTA DENTAL OF CALIFORNI 23,778.78 2024123 05/22/2025 PRINTED 103589 DESERT ARC 545.00
2024124 05/22/2025 PRINTED 100117 DESERT ELECTRIC SUPPLY 1,094.94 2024125 05/22/2025 PRINTED 100580 DESERT PROMOTIONAL EMBROI 2,602.39 2024126 05/22/2025 PRINTED 100008 GANNETT CALIFORNIA LOCAL 1,592.68 2024127 05/22/2025 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,682.28 2024128 05/22/2025 PRINTED 100393 GERGIS YOUSEF 2,259.90 2024129 05/22/2025 PRINTED 100984 DTPS C-15 LLC 3,376.53 2024130 05/22/2025 PRINTED 101179 MARIANA DUSPIVA 2,156.00 2024131 05/22/2025 PRINTED 101662 ECS IMAGING INC 29,263.80 2024132 05/22/2025 PRINTED 100274 ENGINEERING RESOURCES OF 36,572.68 2024133 05/22/2025 PRINTED 100081 FEDERAL EXPRESS CORPORATI 59.88 2024134 05/22/2025 PRINTED 103451 FIESTA FORD INC 2,146.81 2024135 05/22/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 90.46 2024136 05/22/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 180.48 2024137 05/22/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 851.26 2024138 05/22/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2024139 05/22/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2024140 05/22/2025 PRINTED 101470 GA TECHNICAL SERVICES INC 5,096.80 2024141 05/22/2025 PRINTED 100158 GALLS LLC 902.74
2024142 05/22/2025 PRINTED 100169 GENSLER 71,713.43
2024143 05/22/2025 PRINTED 100536 GENERAL LOGISTICS SYSTEMS 20.07 2024144 05/22/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 106,534.90 2024145 05/22/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 724.28 2024146 05/22/2025 PRINTED 103998 JANE M GUY 528.50
Item 1D - Page 5
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City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2024147 05/22/2025 PRINTED 104744 HAZEN AND SAWYER DPC 17,665.00 2024148 05/22/2025 PRINTED 102960 HI GRADE MATERIALS CO 612.31 2024149 05/22/2025 PRINTED 100729 HIRE RIGHT LLC 3,868.70 2024150 05/22/2025 PRINTED 101421 IMPRESSION DESIGN GROUP 12,061.03 2024151 05/22/2025 PRINTED 100119 INTERACTIVE DESIGN CORPOR 4,300.00 2024152 05/22/2025 PRINTED 104575 INVESTMENT CONCEPTS 10,082.75 2024153 05/22/2025 PRINTED 101727 IRON MOUNTAIN 2,878.87 2024154 05/22/2025 PRINTED 016657 TANNER JOHNSON 821.06 2024155 05/22/2025 PRINTED 101666 JUSTFOIA INC 1,480.00 2024156 05/22/2025 PRINTED 105288 CHRISTOPHER JUSTUS 68.00 2024157 05/22/2025 PRINTED 101510 KC'S LAWNMOWER SHOP LLC 2,075.74 2024158 05/22/2025 PRINTED 103525 KGAY PSP CORPORATION 1,440.00 2024159 05/22/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 137,389.13 2024160 05/22/2025 PRINTED 100127 L N CURTIS AND SONS 57,716.78 2024161 05/22/2025 PRINTED 016217 STEPHANIE LAING 72.87 2024162 05/22/2025 PRINTED 101225 LAZ PARKING CALIFORNIA LL 26,154.25 2024163 05/22/2025 PRINTED 101713 LESAR DEVELOPMENT CONSULT 201,246.75 2024164 05/22/2025 PRINTED 101260 THE LLOYD PEST CONTROL 1,799.00 2024165 05/22/2025 PRINTED 101210 MARIPOSA LANDSCAPES INC. 86,041.55 2024166 05/22/2025 PRINTED 101513 MARTHA'S VILLAGE AND KITC 303,459.12 2024167 05/22/2025 PRINTED 101798 MIDWEST TAPE INC 1,442.44 2024168 05/22/2025 PRINTED 100079 MOHICA TOWING 741.00 2024169 05/22/2025 PRINTED 101211 NAI CONSULTING 35,332.52 2024170 05/22/2025 PRINTED 103465 DESERT AREA CORPORATION 4,561.28 2024171 05/22/2025 PRINTED 101308 NATIONAL AUTO FLEET GROUP 66,744.29 2024172 05/22/2025 PRINTED 015603 YRENE NAVARRO 41.86 2024173 05/22/2025 PRINTED 104404 NETWORK SERVICES COMPANY 28,476.11 2024174 05/22/2025 PRINTED 104057 DONNA S NEWTON 1,666.00 2024175 05/22/2025 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2024176 05/22/2025 PRINTED 100103 OCLC INC 4,290.44 2024177 05/22/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,376.85 2024178 05/22/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,725.00 2024179 05/22/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,776.74 2024180 05/22/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 280.07 2024181 05/22/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 152,192.41 2024182 05/22/2025 PRINTED 105158 TEMECULA AUTO GLASS N TIN 968.66 2024183 05/22/2025 PRINTED 104363 PAX FITNESS REPAIR LLC 307.26 2024184 05/22/2025 PRINTED 101434 PLACEWORKS 9,375.00 2024185 05/22/2025 PRINTED 103521 PLAZA TOWING INC 525.00 2024186 05/22/2025 PRINTED 105053 PRECISION GARAGE DOORS AN 24,217.50 2024187 05/22/2025 PRINTED 100596 PROPER SOLUTIONS INC 10,387.83 2024188 05/22/2025 PRINTED 102885 PROPS AV LLC 4,500.00 2024189 05/22/2025 PRINTED 100654 PS RESORTS 126,059.13 2024190 05/22/2025 PRINTED 101580 QUINN POWER SYSTEMS 430.52 2024191 05/22/2025 PRINTED 101230 R S AND H CALIFORNIA INC 17,204.15 2024192 05/22/2025 PRINTED 104425 RADWELL INTERNATIONAL LLC 8,949.45 2024193 05/22/2025 PRINTED 101629 THE RAMSAY GROUP 6,525.00 2024194 05/22/2025 PRINTED 101527 RATTLE TECH LLC 510.00 2024195 05/22/2025 PRINTED 105004 RENEWELL FLEET SERVICE LL 2,362.82 2024196 05/22/2025 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 25,850.30 2024197 05/22/2025 PRINTED 100630 SAFECHECKS 1,465.13 2024198 05/22/2025 PRINTED 105277 SAN GREGORIO X CO LP 4,287.25 Item 1D - Page 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2024199 05/22/2025 PRINTED 101542 SC COMMERCIAL 2,125.60 2024200 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 12,416.40 2024201 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 129.99 2024202 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 23.00 2024203 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 39.13 2024204 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 47.91 2024205 05/22/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 450.91 2024206 05/22/2025 PRINTED 100435 THE SHREDDERS 537.00 2024207 05/22/2025 PRINTED 103804 WEST AVIATION SERVICES-SA 99,680.00 2024208 05/22/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 34,074.93 2024209 05/22/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 883.16 2024210 05/22/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29.19 2024211 05/22/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,697.81 2024212 05/22/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 19,258.20 2024213 05/22/2025 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,660.00 2024214 05/22/2025 PRINTED 101677 SOCAL PPE LLC 3,850.95 2024215 05/22/2025 PRINTED 105276 PRIYA SODHA 1,250.00 2024216 05/22/2025 PRINTED 100000 SOUTH COAST AQMD 1,004.82 2024217 05/22/2025 PRINTED 105082 SOUTHERN PACIFIC ENTERPRI 9,120.00 2024218 05/22/2025 PRINTED 101356 ST FRANCIS ELECTRIC LLC 34,820.45 2024219 05/22/2025 PRINTED 103901 STEVE P RADOS INC 552,096.34 2024220 05/22/2025 PRINTED 015207 KYLE STJERNE 1,000.00 2024221 05/22/2025 PRINTED 104938 SUNBELT RENTALS INC 5,473.87 2024222 05/22/2025 PRINTED 103782 T-MOBILE USA INC 115.00 2024223 05/22/2025 PRINTED 101588 TARGETSOLUTIONS LEARNING 14,563.70 2024224 05/22/2025 PRINTED 100900 TERRA NOVA PLANNING AND R 3,495.73 2024225 05/22/2025 PRINTED 101852 TESLA ENERGY OPERATIONS I 7,215.64 2024226 05/22/2025 PRINTED 104602 TETRA TECH INC 9,154.00 2024227 05/22/2025 PRINTED 100846 THE PIN CENTER 1,262.00 2024228 05/22/2025 PRINTED 016035 MICHAEL TORRES 1,150.00 2024229 05/22/2025 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 2,500.00 2024230 05/22/2025 PRINTED 102712 TSG ENTERPRISES, INC. 17,476.00 2024231 05/22/2025 PRINTED 105146 ON COMPUTER SERVICES LLC 8,254.23 2024232 05/22/2025 PRINTED 100114 UNITED RENTALS NA INC 6,201.03 2024233 05/22/2025 PRINTED 101784 V AND V MANUFACTURING 138.68 2024234 05/22/2025 PRINTED 015437 NANCY VALDIVIA 78.26 2024235 05/22/2025 PRINTED 100200 VALLEY LOCK AND SAFE 1,122.85 2024236 05/22/2025 PRINTED 103893 VALLEY VOICE MEDIA 2,000.00 2024237 05/22/2025 PRINTED 104034 VERDE FACILITIES SERVICES 69,221.08 2024238 05/22/2025 PRINTED 100621 VERIZON BUSINESS 243.24 2024239 05/22/2025 PRINTED 100144 VERIZON WIRELESS 3,268.97 2024240 05/22/2025 PRINTED 100144 VERIZON WIRELESS 8,628.49 2024241 05/22/2025 PRINTED 102406 DAVID VIGNOLO 250.00 2024242 05/22/2025 PRINTED 100050 VISION SERVICE PLAN 6,964.98 2024243 05/22/2025 PRINTED 101277 VOHNE LICHE KENNELS INC 200.00 2024244 05/22/2025 PRINTED 101220 WATERLINE TECHNOLOGIES IN 7,945.32 2024245 05/22/2025 PRINTED 100156 WAXIE SANITARY SUPPLY 2,322.35 2024246 05/22/2025 PRINTED 100222 WEST COAST ARBORISTS INC 12,637.00 2024247 05/22/2025 PRINTED 103973 WEX HEALTH INC 2,189.25 2024248 05/22/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 211.67 2024249 05/22/2025 PRINTED 104635 WOODCLIFF CORPORATION 1,741,391.86 2024250 05/22/2025 PRINTED 100908 YAMADA SPA MANAGEMENT INC 420.00 Item 1D - Page 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2024251 05/22/2025 PRINTED 100268 ZOLL MEDICAL CORPORATION 5,755.59 209 CHECKS CASH ACCOUNT TOTAL 5,573,400.09 .00 Item 1D - Page 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 05/22/2025 09:19
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
209 CHECKS FINAL TOTAL 5,573,400.09 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1D - Page 9
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CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT DEMOLITION OF
ABANDONED HEADWORKS, PRIMARY CLARIFIERS, AND SAND FILTER PROJECT, CITY PROJECT 21-06
RECOMMENDATION:
Approve the plans, specifications, and estimate and authorize Staff to advertise and solicit bids for the Wastewater Treatment Plant (“WWTP”) Demolition of Abandoned Headworks, Primary Clarifiers, and Sand Filter Project (“the Project”); and
1. Authorize the City Manager to execute all necessary documents and appropriate the required funds from the Wastewater Fund balance to award a construction contract and task order, enabling these actions to proceed during the City Council's August break.
2. Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID WASTEWATER TREATMENT PLANT
DEMOLITION OF ABANDONED HEADWORKS, PRIMARY CLARIFIERS,
AND SAND FILTER PROJECT, CITY PROJECT 21-06
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:
The construction documents (Plans, Specifications, and Estimate) for the project have been completed, and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and work details and authorize the bid request for all public projects exceeding $200,000.
Approval of this item will allow the Staff to proceed with bidding of this capital project, with an estimated project cost of approximately $4,050,000.
RECOMMENDATION:
1) Approve the plans, specifications , and estimate and authorize Staff to advertise and solicit bids for the W astewater Treatment Plant (“WWTP”) Demolition of Abandoned Headworks, Primary Clarifiers, and Sand Filter Project (“the Project”); and
2) Authorize the City Manager to execute all necessary documents and appropriate the required funds from the Wastewater Fund balance to award a construction contract and task order, enabling these actions to proceed during the City Council's August break.
Please note that a staff report will be submitted to City Council in September 2025 detailing the results of bidding and awarding the Project construction contract and construction management task order with one of the City’s on-call firms.
Item 1E - Page 1
City Council Staff Report
June 25, 2025 - Page 2
WWTP Demolition
BACKGROUND:
On June 25, 2020, the City Council approved A greement A8563 with Carollo Engineers for on-call wastewater engineering design services for an initial three-year term, with two one-year optional extensions at the discretion of the City Manager.
On September 22, 2020, City Staff issued a request for proposals from on-call firms for design, bid services, and construction phase services for various WWTP projects , including the demolition of abandoned facilities.
On April 22, 2021, the City Council reviewed and approved the 2021 Wastewater Capital Rehabilitation and Repair Plan. The 2021 Plan included a 5- Year Capital Improvement Program (CIP) with 14 projects totaling approximately $80,000,000. The WWTP Demolition of Abandoned Facilities Project is part of the 5-Year CIP and had an estimated cost of $3,135,000 at that time including design services.
On November 4, 2021, the City Council reviewed and approved a purchase order to Carollo Engineers in an amount not to exceed $325,000 for design, bid phase services , and construction phase services for the subject Project.
On January 23, 2025, the City Council approved a task order to Carollo Engineers for $92,313 for additional professional services required to complete the design, including additional scope of work consisting of electrical modifications and enhanced u tility location.
Figure 1 indicates the facilities designated for demolition under the subject Project, with the entire worksite situated within the WWTP boundary.
Figure 1 – Site Facilities.
Item 1E - Page 2
City Council Staff Report
June 25, 2025 - Page 3
WWTP Demolition
STAFF ANALYSIS:
This Project involves the demolition of abandoned facilities at the WWTP. The primary objective is to enhance current site conditions by directly addressing and mitigating health, safety, and operational risks for both personnel and visitors. Furthermore, the removal of these obsolete structures will prepare the site for future expansion, providing necessary space and improved accessibility for anticipated infrastructure development.
With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement program, PlanetBids ™, to allow the submission of bids electronically.
The contract documents will be p rovided free of charge to prospective bidders through the PlanetBids™ system. S taff recommends that the City Council approve the contract documents and grant authority to the S taff to formally bid the subject Project for construction. The following tentative schedule has been identified for the bid process:
Notice Inviting Bids to be Posted: June 26, 2025
Deadline for Receipt of Bids: July 21, 2025
Contract Awarded by City Council: September 10, 2025
Staff recommends that the City Council approve the contract documents and grant authority to formally bid the subject Project for construction.
ENVIRONMENTAL ASSESSMENTS:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines 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 existing or former use. Therefore, Staff has determined that the Demolition of Abandoned Headworks, Primary Clarifiers and Sand Filter, City Project No. 21- 06, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
The Project aligns with the City Council’s Broad Goal of Infrastructure and Facilities.
FISCAL IMPACT:
The Project is estimated to cost $4,050,000. The Project will be funded using Wastewater Funds that have been allocated for this purpose. Following the bidding process, the Project will be submitted to the City Council for approval. At that time, a detailed breakdown of the project costs, including construction, consultant services, and staff costs, will be presented for review and approval.
Item 1E - Page 3
City Council Staff Report
June 25, 2025 - Page 4
WWTP Demolition
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 1E - Page 4
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVAL OF AMENDMENT NO. 8 TO THE AIRPORT CAR RENTAL
CONCESSION AGREEMENTS AND APPROVAL OF AMENDMENT NO. 9 FOR
AVIS-BUDGET AIRPORT CAR RENTAL CONCESSION AGREEMENT AT PALM
SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Amendment No. 8 and Avis-Budget Amendment No. 9 to Airport car rental concession agreements doing business as car rental agencies at the Airport which includes:·
1. Avis/Budget Car Rental, LLC (Amendment No. 9)
The Hertz Corporation (Amendment No. 8)
Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 8)
Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 8) DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 8)
2. Authorize the City Manager or designee to execute all necessary documents.
Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 8 TO THE AIRPORT CAR RENTAL CONCESSION AGREEMENTS AND APPROVAL OF AMENDMENT NO.
9 FOR AVIS -BUDGET AIRPORT CAR RENTAL CONCESSION
AGREEMENT AT PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Amendment No. 8 to the existing car rental concession agreements and Amendment No. 9 for Avis-Budget car rental concession agreement , adjust certain fixed rent charges, and define the months of gross revenues used to calculate the Minimum Annual Guarantee (MAG) at the Palm Springs International Airport (Airport).
RECOMMENDATION:
1. Approve Amendment No. 8 and Avis-Budget Amendment No. 9 ( Attachment A) to Airport car rental concession agreements doing business as car rental agencies at the Airport which includes:
• Avis/Budget Car Rental, LLC (Amendment No. 9)
• The Hertz Corporation (Amendment No. 8)
• Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 8)
• Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 8) • DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 8)
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A copy of the Public Integrity Disclosure Form for each of the car rental companies is included as (Attachment B).
Item 1F - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Amendments to Airport Car Rental Concession Agreements
BACKGROUND:
The original Car Rental Agreements were approved after a Public Bid in 2011, with an initial term ending on June 30, 2014. At the request of City staff, the City Council has approved seven subsequent term extensions.
The car rental concession program at the Airport has historically been one of the largest sources of Airport revenue. As Palm Springs is an inbound leisure tourism market, approximately two- thirds of enplaned passengers are visitors, who are the primary customers for car rental companies. In 2019, record passenger traffic led to significant revenue generation for car rental companies. However, the COVID-19 pandemic caused an unprecedented drop in airline passenger traffic in 2020, severely impacting car rental transactions and gross receipts. Since the end of the COVID -19 pandemic, enplaned passengers, car rental transactions, and gross receipts have continued to increase, setting new records in 2023 as listed in Table 1 below.
Table 1
Calendar Year Enplaned Passengers Car Rental Transactions Car Rental Gross Receipts 2019 1,287,474 259,028 $74,399,672
2020 632,316 138,373 $44,692,255
2021 1,047,643 174,960 $70,657,398
2022 1,500,618 277,405 $104,149,629
2023 1,624,012 258,670 $104,669,120
2024 1,614,684 262,484 $101,955,431
As a part of the Airport Master Plan, the car rental counters, return lanes, and ready spaces will need to be relocated to the auxiliary car rental lot. This relocation will also provide for the terminal expansion and for the temporary Federal Inspection Site (FIS) facility. The auxiliary car rental lot will be on the south side of Kirk Douglas Way, currently the Park & Call and Overflow Parking Lots. Ultimately, with the construction of the hybrid Consolidated Rent-A-Car facilities (CONRAC), a portion of the auxiliary car rental lot will become the Car Rental Return and Car Rental Quick Turn Around (QTA) facilities.
The Car Rental Minimum Annual Guarantee (MAG) was reinstated in Amendment 7 (Amendment 8 for Avis/Budget). Pursuant to Section 5.03 (A), as amended, under the MAG, the car rental concession fees, to be paid monthly (the “Monthly Percentage Payment” as defined in the Car Rental Agreements), will be calculated as the greater of either one-twelfth of the MAG or 10% of actual gross receipts. The Monthly Percentage Payments will be reconciled annually pursuant to Section 5.11 of the Operating and Lease Agreement for Operation of a Car Rental Concession to ensure the Annual Percentage Payment is the greater of the MAG or 10% of actual gross receipts.
STAFF ANALYSIS:
Item 1F - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
Amendments to Airport Car Rental Concession Agreements
The Amendment extends the current car rental agreement for an additional one year and provides two (2) one-year extension options . This extension strategy will minimize operational disruptions during the construction and transitional periods , ensure consistency of service for passengers, and allow for a more comprehensive and informed Request for Proposal (RFP) process which will include the new operational environment, ultimately leading to better long-term outcomes for the Airport and its car rental partners.
Pursuant to Section 5.03 (A), as amended, this Amendment defines the gross revenues from June 2024 through May 2025 to be used to calculate the Minimum Annual Guarantee (MAG) for each car rental company for Fiscal Year (FY) 2026.
This Amendment adjusts facility rates in accordance with the Car Rental Agreements.
Pursuant to Section 5.03 (D) , facility rates are to be adjusted annually to reflect CPI increases. The recommended new terminal and facility rates are listed in Table 2 below.
Table 2
Leased Space Current Annual Rates Annual Rates as of 7-1-25 Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space, annually $2,427.72 per space, annually Overflow Parking Spaces $2.53 per space per day $2.61 per space per day
Once all Amendments have been executed, the Airport will meet with all current car rental companies to begin the process of drafting a Request for Proposal (RFP) that will incorporate the transitional and future operational environment, including the auxiliary car rental lot. The issuance of the RFP through Planet Bids will take place prior to the termination date of the executed extension to ensure a transparent and competitive procurement process that aligns with the organization’s operational and sustainability goals.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 1D, Economic Development as well Item 1F - Page 3
City Council Staff Report
June 25, 2025 -- Page 4
Amendments to Airport Car Rental Concession Agreements
as the Airport’s Strategic Plan Priority 3 – Goal 2: Create Revenue Diversification Through Strategic Partnerships.
FISCAL IMPACT:
This action should result in Airport Revenues of approximately $ 10,195,543 from car rental gross revenue and $1,870,945 for leased space and other fees, for a total of $12,066,488 in Fiscal Year 2025-26.
REVIEWED BY:
Executive Director of Aviation: Harry Barrett Jr.
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:
A. Car Rental Lease Amendment s No. 8 and Avis -Budget Car Rental Lease Amendment No. 9
B. Public Integrity Disclosure Forms
Item 1F - Page 4
ATTACHMENT A
Item 1F - Page 5
ATTACHMENT A
AMENDMENT NO. 8 TO
CAR RENTAL
AGREEMENTS
AND AMENDMENT NO. 9 TO
AVIS / BUDGET CAR RENTAL AGREEMEN
T
Item 1F - Page 6
Avis-Budget Amdt No. 9 - Page 1
AMENDMENT NO. 9 TO OPERATING AND LEASE AGREEMENT NO. A6110
AVIS BUDGET CAR RENTAL, LLC
FOR OPERATION OF A CAR RENTAL CONCESSION
AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 9 to that certain NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6110, (“Agreement”), is made and entered into this 1st day of July, 2025, by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation, (“City”), and AVIS BUDGET CAR RENTAL, LLC, a Delaware limited liability company, doing business as AVIS RENT A CAR SYSTEM, LLC and BUDGET RENT A CAR SYSTEM, INC. (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 6 Sylvan Way, Parsippany, New Jersey, 07054. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.
RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Te nant’s lease and operation at Palm Springs International Airport (“Airport”) , a s more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and
WHEREAS, effective January 1, 2016, City and Tenant entered into that certain Amendment No. 2 to lease 130 square feet of customer counter space on a seasonal basis through April 30, 2016, and from January 1, 2017, through April 30, 2017; and
WHEREAS, effective Ju ne 21, 2017, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2017, through June 30, 2020; and
WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2020, through June 30, 2021; and
WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2021, through June 30, 2022; and
WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one -year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.
WHEREAS, effective July 1, 2023 , City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2023 through June 30, 2024, pursuant Item 1F - Page 7
Avis-Budget Amdt No. 9 - Page 2
to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 7.
WHEREAS, effective July 1, 2024 , City and Tenant entered into that certain Amendment No. 8 to extend the term from July 1, 2024 through June 30, 2025, pursuant to City’s second extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 8.
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2025, through June 30, 2026, subject to two (2) one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 9.
AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:
Term: Extend the term for one year, commencing on July 1, 2025, through June 30, 2026, with two (2) one-year optional extensions.
Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.
Minimum Annual Guarantee (MAG):
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be ninety-five percent (95%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2024 through May 31, 2025.
Lease Rates:
Pursuant to Section 5. 03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.
Current Rates Rates as of 7-1-25
Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space
annually
$2,427.72 per space
annually
Item 1F - Page 8
Avis-Budget Amdt No. 9 - Page 3
Overflow Parking
Spaces
$2.53 per space per
day
$2.61 per space per
day
Coven
ant Against Discrimination:
In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be limited to, the following: employment, upgrading demotion or transfer; recruitment or recru itment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
Full Force and Effect:
Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.
Corporate Authority:
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SI
GN
ATURE PAGE FOLLOWS)
Item 1F - Page 9
Avis-Budget Amdt No. 9 – Page 4
SIGNATURE PAGE TO AMENDMENT NO. 9 TO AGREEMENT NO. A6110 BY AND
BETWEEN THE CITY OF PALM SPRINGS AND AVIS BUDGET CAR RENTAL, LLC IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
TENANT:
By: __________________________ By: ___________________________ Signature Signature
Name: Name:
Title: Title:
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
Item 1F - Page 10
The Hertz Corporation – Amdt. No. 8 - Page 1 of 4
AMENDMENT NO. 8 TO OPERATING AND LEASE AGREEMENT NO. A6111
THE HERTZ CORPORATION
FOR OPERATION OF A CAR RENTAL CONCESSION
AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 8 to that certain NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6111, (“Agreement”), is made and entered into this 1st day of July, 2025 , by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation, (“City”), and THE HERTZ CORPORATION, a Delaware corporation, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.
RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs Interna tional Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.
WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.
WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent Item 1F - Page 11
The Hertz Corporation – Amdt. No. 8 - Page 2 of 4
charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2025, through June 30, 2026, subject to two (2) one- year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 8.
AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:
Term: Extend the term for one year, commencing on July 1, 2025 , through June 30, 2026, with two (2) one-year optional extensions.
Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.
Minimum Annual Guarantee (MAG):
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be ninety-five percent (95%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2024 through May 31, 2025.
Lease Rates:
Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.
Current Rates Rates as of 7-1-25
Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space
annually
$2,427.72 per space
annually
Overflow Parking
Spaces
$2.53 per space per
day
$2.61 per space per
day
Item 1F - Page 12
The Hertz Corporation – Amdt. No. 8 - Page 3 of 4
Covenant Against Discrimination:
In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.
Full Force and Effect:
Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.
Corporate Authority:
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1F - Page 13
The Hertz Corporation – Amdt. No. 8 - Page 4 of 4
SIGNATURE PAGE TO AMENDMENT NO. 8 TO AGREEMENT NO. A6111 BY AND
BETWEEN THE CITY OF PALM SPRINGS AND THE HERTZ CORPORATION IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
TENANT:
By: __________________________ By: ___________________________ Signature Signature
Name: Name:
Title: Title:
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
Item 1F - Page 14
Enterprise – Amdt. No. 8 - Page 1 of 4
AMENDMENT NO. 8 TO OPERATING AND LEASE AGREEMENT NO. A6112
ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC
DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL
FOR OPERATION OF A CAR RENTAL CONCESSION
AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 8 to that certain NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6112, (“Agreement”), is made and entered into this 1st day of July, 2025 , by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation, (“City”), and ENTERPRISE RENT -A-CAR COMPANY OF LOS ANGELES, LLC, a Delaware limited liability company, doing business as ALAMO RENT A CAR AND NATIONAL CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.
RECITALS
WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs Interna tional Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.
WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.
Item 1F - Page 15
Enterprise – Amdt. No. 8 - Page 2 of 4
WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2025, through June 30, 2026, subject to two (2) one- year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 8.
AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:
Term: Extend the term for one year, commencing on July 1, 2025 , through June 30, 2026, with two (2) one-year optional extensions.
Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.
Minimum Annual Guarantee (MAG):
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be ninety-five percent (95%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2024 through May 31, 2025.
Lease Rates:
Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.
Current Rates Rates as of 7-1-25
Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space
annually
$2,427.72 per space
annually
Overflow Parking
Spaces
$2.53 per space per
day
$2.61 per space per
day
Item 1F - Page 16
Enterprise – Amdt. No. 8 - Page 3 of 4
Covenant Against Discrimination:
In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.
Full Force and Effect:
Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.
Corporate Authority:
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1F - Page 17
Enterprise – Amdt. No. 8 - Page 4 of 4
SIGNATURE PAGE TO AMENDMENT NO. 8 TO AGREEMENT NO. A6112 BY AND
BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR
COMPANY OF LOS ANGELES, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
TENANT:
By: __________________________ By: ___________________________ Signature Signature
Name: Name:
Title: Title:
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
Item 1F - Page 18
Enterprise – Amdt. No. 8 - Page 1 of 4
AMENDMENT NO. 8 TO OPERATING AND LEASE AGREEMENT NO. A6113
ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC
DBA ENTERPRISE RENT A CAR
FOR OPERATION OF A CAR RENTAL CONCESSION
AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 8 to that certain NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6113, (“Agreement”) is made and entered into this 1st day of July, 2025, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, a Delaware limited liability company, dba ENTERPRISE RENT A CAR, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.
RECITALS
WHE
REAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs Interna tional Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.
WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.
WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant Item 1F - Page 19
Enterprise – Amdt. No. 8 - Page 2 of 4
to City’s second extension option under Amendment No. 6, adjust certain fixed rent charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2025, through June 30, 2026, subject to two (2) one- year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 8.
AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:
Term: Extend the term for one year, commencing on July 1, 2025 , through June 30, 2026, with two (2) one-year optional extensions.
Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.
Minimum Annual Guarantee (MAG):
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be ninety-five percent (95%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2024 through May 31, 2025.
Lease Rates:
Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.
Current Rates Rates as of 7-1-25
Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space
annually
$2,427.72 per space
annually
Overflow Parking
Spaces
$2.53 per space per
day
$2.61 per space per
day
Item 1F - Page 20
Enterprise – Amdt. No. 8 - Page 3 of 4
Covenant Against Discrimination:
In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but no t be 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.
Full Force and Effect:
Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.
Corporate Authority:
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1F - Page 21
Enterprise – Amdt. No. 8 - Page 4 of 4
SIGNATURE PAGE TO AMENDMENT NO. 8 TO AGREEMENT NO. A6113 BY AND
BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR
COMPANY OF LOS ANGELES, LLC DBA ENTERPRISE RENT A CAR
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
TENANT:
By: __________________________ By: ___________________________ Signature Signature
Name: Name:
Title: Title:
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
Item 1F - Page 22
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 8 - Page 1 of 4 AMENDMENT NO. 8 TO OPERATING AND LEASE AGREEMENT NO. A6114 DTG OPERATIONS, INC. DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL
FOR OPERATION OF A CAR RENTAL CONCESSION
AT PALM SPRINGS INTERNATIONAL AIRPORT
This AMENDMENT No. 8 to that certain NON -EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6114, (“Agreement”), is made and entered into this 1st day of July, 2025 , by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation, (“City”), and DTG OPERATIONS, INC. an Oklahoma corporation, doing business as DOLLAR RENT A CAR and THRIFTY CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International A irport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”.
RECITALS
WHE
REAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs Interna tional Airport (“Airport”), as more specifically described in the Agreement; and
WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement.
WHEREAS, effective July 1, 2023, City and Tenant entered into that certain Amendment No. 6 to extend the term from July 1, 2023 through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described in Amendment No. 6.
WHEREAS, effective July 1, 2024, City and Tenant entered into that certain Amendment No. 7 to extend the term from July 1, 2024, through June 30, 2025, pursuant to City’s second extension option under Amendment No. 6, adjust certain fixed rent Item 1F - Page 23
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 8 - Page 2 of 4 charges, and reinstate the Minimum Annual Guarantee (MAG) as specified in the Agreement, as more specifically described in Amendment No. 7.
WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, commencing on July 1, 2025, through June 30, 2026, subject to two (2) one- year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 8.
AGREEMENT
NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows:
Term: Extend the term for one year, commencing on July 1, 2025 , through June 30, 2026, with two (2) one-year optional extensions.
Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement.
Minimum Annual Guarantee (MAG):
Pursuant to Section 5.01 (A) of the Rental Car Agreement, as modified in Amendment No. 1, the new Minimum Annual Guarantee (MAG) will be ninety-five percent (95%) of the prior year’s ten percent (10%) of gross revenues from June 1, 2024 through May 31, 2025.
Lease Rates:
Pursuant to Section 5.03 (D) of the Rental Car Agreement the terminal area and facility rental rates are revised as shown in the following table and are subject to an annual Consumer Price Index (CPI) adjustment on the agreement's anniversary date.
Current Rates Rates as of 7-1-25
Terminal Area $109.00 per sq. ft. $112.17 per sq. ft.
Service Facilities $1.46 per sq. ft. $1.51 per sq. ft.
Ready Return spaces $2,359.30 per space
annually
$2,427.72 per space
annually
Overflow Parking
Spaces
$2.53 per space per
day
$2.61 per space per
day
Item 1F - Page 24
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 8 - Page 3 of 4 Covenant Against Discrimination:
In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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.
Full Force and Effect:
Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect.
Corporate Authority:
The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
(SIGNATURE PAGE FOLLOWS)
Item 1F - Page 25
DTG Operations, Inc. dba Dollar Rent A Car – Amdt. No. 8 - Page 4 of 4 SIGNATURE PAGE TO AMENDMENT NO. 8 TO AGREEMENT NO. A6114 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DTG OPERATIONS, INC.
DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
TENANT:
By: __________________________ By: ___________________________ Signature Signature
Name: Name:
Title: Title:
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
Item 1F - Page 26
ATTACHMENT B
Item 1F - Page 27
ATTACHMENT B
PUBLIC INTEGRITY DISCLOSURE FORMS
Item 1F - Page 28
Item 1F - Page 29
1. 2. 3. 4. 5.
Name
of
Entity
PUBLIC
INTEGRITY
DISCLOSURE
APPLICANT
DISCLOSURE
FORM
AVIS
BUDGET
CAR
RENTAL,
LLC
Address
of
Entity
(Principal
Place
of
Business)
379
INTERPACE
PARKWAY,
PARSIPPANY,
NEW
JERSEY
07054
Local
or
California
Address
(if
different
than
#2)
513
Eccles
Avenue,
South
San
Francisco
, CA
94080
State
where
Entity
is
Registered
with
Secretary
of
State
DELAWARE
If
other
than
California,
is
the
Entity
also
registered
in
California?
!;a
Yes
D
No
Type
of
Entity
D
Corporation
~
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
specify)
6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(please
specify)
Note:
If
any
response
is
not
a
natural
person,
please
identify
all
officers,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
manager,
trust,
or
other
entity
PLEASE
SEE
ATTACHED
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
Other
D
Officer
D
Director
D
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner
Other
Item 1F - Page 30
7. Owners/Investors
with
a
5%
beneficial
interest
in
the
Applicant
Entity
or
a
related
entity
EXAMPLE JANE
DOE
50%,
ABC
COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
A.
[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.
Date
PRESIDENT
May
27,
2025
Item 1F - Page 31
Avis
Budget
Car
Rental,
LLC
Date 02/21/2024
Company
Profile
Main
Details
Name:
Avis
Budget
Car
Rental,
LLC
QuickRef:
AVISBUCARL
Country:
United
States
Region
:
Delaware
Tax
ID
:
22-3475741
Incorporated:
04/29/1996
Company
Type
:
Limited
Liability
Company
Company
Status
:
Active
Dissolved
:
Primary
Addresses
Main
Office
:
379
Interpace
Parkway,
Parsippany
NJ
07054,
United
States
Registered:
251
Little
Falls
Drive,
Wilmington
DE
19808,
United
States
Primary
:
Parsippany
NJ
07054
Accounting
Dates
Accounting
Dates
:
A
. t
,ppoin
men
ts
Management
Board
Name Choi
Brian
Ferraro
Joseph
Anthony
Officers Name Calabria
David
T.
Choi
, Brian
Coss
. To
m
DeGe
nova
, Cat
hle
en
Fe
rraro
, Josep
h
An
thonv
Gallacher
Paul
Linnen
, Edward
P.
Luna
Jeffrey
Martins,
lzilda
P.
Muhs
Robert
E.
Palumbo
Jeannine
Panicoe
Suzanne
Sera
Jean
Marie
Other
Positions
Name Bouta
Robert
F.
Dealer
Services
Network
LLC
Muhs
Robert
E.
Sera
Jean
Mar
ie
Voll
Judith
Other
Sianatories
Name Brown
James
Gallacher
Paul
Kinerk
Beth
Kaines
Alan
Macri
Donna
Mueller
Hans
Waldemar
Muhs
, Robert
E.
Sandiford
leuan
Sera
Jean
Marie
Stark
David
E.
Wriaht
Stephen
Date
02/21/2024
Last
Period
End
Current
Period
End
Last
Extended
QuickRef
I Position
CHOI-B
I Manaaer
FERRARO-JA
I Manaaer
QuickRef
Pos
iti
on
CALABRI-DT
Sen
ior
Vice
President
Treasurer
CHOI-B
Executive
Vice
President
and
Chief
Transformation
Officer
COSS-
T
Ca
r Sales
Mana
ae
r
DEGENOVA
-C C
hief
Account
ina
O
ffi
ce
r
FERRARO-JA
Ch
ief
Executive
Officer
Presiden
t, Americas
GALLAGHE-P
Assistant
Sec
re
tarv
LINNEN-EP
Executive
Vice
President
and
Chief
Human
Resources
Officer
LUNA-J
V1ce
Pres
ide
nt
MARTINS-IP
Executive
Vice
President
and
Ch
ief
Financial
Officer
MUHS-RE
Vice
Preside
nt a
nd
Ass
istan
t Secre
tarv
PALUMBO-J
Director
Tax
PANICOE-S
Assista
nt
Secretarv
SERA-JM
Genera
l Counse
l and
Secre
tarv
Se
nior
Vice
Preside
nt
QuickRef
Position
BOUTA-RF
Power
of
Attorney
-Airport
Bids
Leases
etc
.
DEALSENELL
Power
of
Attorney
MUHS-RE
Power
of
Attorney
SERA-JM
Power
of
Attornev
VOLL-J
Power
of
Attornev
QuickRef
Position
BROWN-J
0001
Authorized
Sianatorv
GALLAGHE-P
Authorized
Sianatorv
KINERK-B
Authorized
SiQnatorv
KOINES-A
Authorized
Signatorv
MACRI-D
Authorized
Sionatorv
MUELLER-HW
Author
ized
Sianatorv
MUHS-R
E
Authorized
Sianatorv
SANDIFOR-1
Authorized
Sianatorv
SERA-JM
Authorized
Sianatorv
STARK-DE
Authorized
Sianatorv
WRIGHT-S0001
Authorized
Sianatorv
Tax
ID
22-3475741
I Aooointed
I
I 0012412020
I
I 0110
112020
I
Appo
inted
09/09/20
15 08/0
7/20
19 01/01/2024 09/04/2019 08/07/20
19 01/
01/2020
01/01/20
15 03/2
7/2020
01/28/2015 01/01/2024 01/01/2024 04
/28/2006
08/07/20
19 12/0
1/20
17 03
/27/2020
03/27/2020 Appointed 06/29/2023 02/22/2022 03/19/2010 03/27/2020 06/01/2022 Appointed 05/22/2018 11/09/2018 05/22/2018 05/12/2014 04/19/2017 08/03/2020 04/13/2016 02/01/2023 03/27/2020 04/19/2017 05/22/2018 Page
1 Item 1F - Page 32
Date 02/21/2024 Date
02/21/2024
Avis
Budget
Car
Rental,
LLC
Company
Profile
Tax
ID
22-3475741
Page
2 PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If 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, Membe rs, Managers, Tru stees, O ther F iduciaries (please specify) Note: If any response is not a natural pe rson, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Officer Director Member Manager Please see attached list General Partner Limited Partner
Other
___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Memb er Manager
[name] General Partner Limited Partner
Other __________________________
Enterprise Rent-A-Car Company of Los Angeles, LLC
333 CITY BLVD WEST, ST. 1101, ORANGE, CA 92868
Formed in the state of Delaware and authorized to do business in California Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C Item 1F - Page 33
7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
[name of owner/i nvestor] [percentage of beneficial interest in entity and name of entity]
A.
[name of owner/i nvestor] [percentage of beneficial interest in entity and name of entity]
B.
[name of ow ner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inves tor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Enterprise Holdings, Inc. 100%
Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C 6/15/2025
Vice President of Finance
Thomas Klingler
Item 1F - Page 34
Name Title
Andrew, Jr. Michael
(Mike) W. Manager and Secretary
Taylor, Christine B Manager
Willey, Russell A. Manager, President, Treasurer,
and Assistant Secretary
Todd, Ryan Vice President/GM
Bowman, Scott Vice President
Boyle, Tom Vice President
Fox, Steven L. Vice President
Klingler, Thomas A. Vice President
Vitt, Andrew Assistant Vice President
Cowan, Jeffrey Assistant Secretary
Morgan, Paula M. Assistant Secretary
Morrison, Matthew J Assistant Secretary
O'Keefe, Daniel Assistant Secretary
Smith, Larry A Assistant Secretary
Doyle, Kyle Regional Vice President
Foye, Krista Regional Vice President
Janneck, Jamie Regional Vice President
Rein Hoffman, Kaia K Regional Vice President
Twyman, Shaun Regional Vice President
Bitt, Mark Regional Vice President
Sheehan, Elizabeth VP Human Resources
Shenkin, Mitchell VP Sales and Marketing
Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C Item 1F - Page 35
City
of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we prov ide you these supplementa ry i nstructions to clearly identif y the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also co mprised of other business e ntities as i ts members or having a financial interest, all other such bu siness entities must als o be d isclosed, including those e ntities o ther business entities, if any.
Ult ima
tely, th e City’s disclosure document (attached) requires a listing identif ying a ll n atural persons having any financial interest over 5% of the business entities (and any other b usiness entities comprising your business entity).
As an exam
ple, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John D oe, Jill Doe, and Jay Doe, which is owned 50% by Acme B rothers, LLC, a Cal ifornia limited liabilit y co mpany, and John Doe (25% inte rest) and Ji ll Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc ., a Califo rnia corporation, whose o fficers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability comp any, w hich is managed by George Doe, with G eorge Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acm e Bro
thers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brother s, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Docusign Envelope ID: BE902CA4-6663-42E1-BB02-97862F2FA17C Item 1F - Page 36
Item 1F - Page 37
PUBLIC
INTEGRITY
APPLICANT
DISCLOSURE
Name
(Print
last,
first,
middle
Initial)
E-mail
Address
Blum,
Stephen
A.
(on
behalf
of
The
Hertz
Corporation)
[email protected]
Positionfrltle
Senior
Vice
President,
Real
Estate
and
Facilities
Address
8501
Williams
Road,
Estero,
Florida
3328
Work
Phone:
239-301-7794
Reporting
Status
Cell
Phone:
781-389-6334
New
Disclosure:
X
Update:
Every
applicant
that
is
not
an
individual
natural
person,
or
comprised
exclusively
of
natural
persons
with
no
outside
investors,
must
disclose
to
the
City
the
identity
of
each
natural
person
who
holds
or
occupies
a ·significant
position
with
respect
to
that
applicant"
entity
or
any
entity
that
owns
an
interest
or
derives
profits
with
respect
to
the
applicant
entity,
i.e.,
a
sub-entity. In
addition,
every
applicant must
disclose
to
the
City
the
identity
of
each
owner
or
investor
who
has
both
of
the
following:
(i)
an
ownership
interest
in
the
applicant
entity
with
a
value
of
two
thousand
dollars
($2,000.00)
or
more,
and
(ii)
a
material
financial
relationship
with
any
official
who
has
the
opportunity
to
vote
upon,
or
advocate
for
a
particular
result
or
outcome
with
respect
to
the
application
in
question.
A
"significant
position"
shall
be
defined
as
follows:
i.
Officers
and
Directors
(in
the
instance
of
a
corporation);
ii.
Members
and
Managers
(in
the
instance
of
limited
liability
company);
or
iii.
Trustees
and
other
Fiduciaries
(in
the
instance
of
a
trust
or
another
organization).
A
"material
financial
relationship"
shall
be
defined
as
a
relationship
between
an
owner
or
investor
on
one
hand,
and
a
voting
or
potentially
advocating
official
on
the
other
hand,
whereby
the
official
has
an
interest
in
the
outcome
of
the
City's
action
upon
the
application
in
question
arising
from
or
related
to
any
of
the
following:
1. Any
business
that
the
owner
or
investor
in
the
applicant
and
the
official
do
together
during
the
year
prior
to
the
filing
of
the
application;
2. Any
income
that
the
official
has
earned
from
the
owner
or
investor
in
the
applicant
entity
during
the
year
prior
to
the
filing
of
application;
3. One
or
more
gifts,
that
the
owner
or
investor
in
the
applicant
has
given
to
the
official
during
a
year
prior
to
the
filing
of
the
application
with
a
total
of
more
than
fifty
dollars;
4. Any
money
or
value
that
the
official
will
or
might
reasonably
be
anticipated
to
gain
or
lose,
based
upon
the
ownership
interest
of
the
owner
or
investor
in
the
applicant
entity,
in
relation
to
the
outcome
of
the
City's
action
upon
the
application.
Item 1F - Page 38
Organization/
Type
of
organization:
Ownership
Interest:
Position:
No
ff nclude
the
address,
city
and
state
where
the
longer
he
organization
is
located)
held:
1 The
Hertz
Corporation,
a
Delaware
corporation
100%
owned
by
Sr.
Vice
Pres.,
8501
Williams
Road
Hertz
Global
Holdings,
Real
Estate
&
F acil
i ies
Estero,
FL
33928
Inc.
2 Please
find
attached
a list
of
the
Officers
and
Dir
ectors
of
The
Hertz
Corporatic
n.
Our
Board
of
Dire
~ors
must
approve
all
changes,
and
we
will
submit
an
updated
list
at
a later
date
sir
ce
we
are
awaiting
formal
approval
of
several
changes.
3 4 5. 6. I DECLARE
UNDER
PENALTY
OF
PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF
CALIFORNIA
THAT
THE
FOREGOING
IS
TRUE
AND
CORRECT.
ISC
OS
ng
Party,/;/_
/
/
~4~z___
ae
May
31,
2020
On
the
basis
of
Information
contained
In
this
report,
I conclude
that
the
filer
Is
in
compliance
with
Palm
Springs
Municipal
Code
Section
2.60,
except
as
noted
In
the
"comments"
box
below.
Comments: Signature
and
Title
of
Agency's
Final
Reviewing
Official
Item 1F - Page 39
PUBLIC
INTEGRITY
APPLICANT
DISCLOSURE
Name
(Print
last,
first,
middle
initial)
E-mail
Address
Blum,
Stephen
A.
(on
behalf
of
DTG
Operations,
Inc.)
Stephen
[email protected]
Position/Title
Vice President,
Real
Estate
Address
8501
Williams
Road,
Estero,
Florida
3328
Work
Phone:
239-301-7794
Reporting
Status
Cell
Phone:
781-389-6334
New
Disclosure:
x
Update:
Every
applicant
that
is
not
an
individual
natural
person,
or
comprised
exclusively
of
natural
persons
with
no
outside
investors,
must
disclose
to
the
City
the
identity
of
each
natural
person
who
holds
or
occupies
a
significant
position
with
respect
to
that
applicant
entity
or
any
entity
that
owns
an
interest
or
derives
profits
with
respect
to
the
applicant
entity,
i.e.,
a
sub-entity. In
addition,
every
applicant
must
disclose
to
the
City
the
identity
of
each
owner
or
investor
who
has
both
of
the
following:
(i)
an
ownership
interest
in
the
applicant entity
with
a value
of
two
thousand
dollars
($2,000.00)
or
more,
and
(ii)
a
material
financial
relationship
with
any
official
who
has
the
opportunity
to
vote
upon,
or
advocate
for
a
particular
result
or
outcome
with
respect
to
the
application
in
question.
A
"significant
position"
shall
be
defined
as
follows:
i.
Officers
and
Directors
(in
the
instance
of
a
corporation);
ii.
Members
and
Managers
(in
the
instance
of
limited
liability
company);
or
iii.
Trustees
and
other
Fiduciaries
(in
the
instance
of
a
trust
or
another
organization).
A
"material
financial
relationship"
shall
be
defined
as
a
relationship
between
an
owner
or
investor
on
one
hand,
and
a
voting
or
potentially
advocating
official
on
the
other
hand,
whereby
the
official
has
an
interest
in
the
outcome
of
the
City's
action
upon
the
application
in
question
arising
from
or
related
to
any
of
the
following:
1. Any
business that
the
owner
or
investor
in
the
applicant
and
the
official
do
together
during
the
year
prior
to
the
filing
of
the
application;
2. Any
income
that
the
official
has
earned
from
the
owner
or
investor
in
the
applicant
entity
during
the
year
prior
to
the
filing
of
application;
3. One
or
more
gifts,
that
the
owner
or
investor
in
the
applicant
has
given
to
the
official
during
a
year
prior
to
the
filing
of
the
application
with
a total
of
more
than
fifty
dollars;
4. Any
money
or
value
that
the
official
will
or
might
reasonably
be
anticipated
to
gain
or
lose,
based
upon
the
ownership
interest
of
the
owner
or
investor
in
the
applicant
entity,
in
relation
to
the
outcome
of
the
City's
action
upon
the
application.
Item 1F - Page 40
Organization/
Type
of
organization:
Ownership
Interest:
Position:
No
f {nclude
the
address,
city
and
state
where
the
longer
he
organization
is
located)
held:
1 DTG
Operations,
Inc.,
an
Oklahoma
corporatio,
100%
owned
by
The
Vice
President,
8501
Williams
Road
Hertz
Corporation
Real
Estate
Estero,
FL
33928
2 Please
find
attached
a
list
of
the
Officers
and
Dir
ectors
of
DTG
Operations,
Inc
.
Our
Board
of
Direc
ors
must
approve
all
changes,
and
we
will
submit
an
updated
list
at
a
later
date
sir
ce
we
are
awaiting
formal
aooroval
of
several
changes.
3 4 5. 6. I DECLARE
UNDER
PENALTY
OF
PERJURY
UNDER
THE
LAWS
OF THE
STATE
OF
CALIFORNIA
THAT
THE
FOREGOING
IS
TRUE
AND
CORRECT.
I Signature
of
Disclosing
P~~
Date May
31,
2020
On
the
basis
of
information
contained
In
this
report,
I conclude
that
the
filer
Is
in
compliance
with
Palm
Springs Municipal
Code
Section
2.60,
except
as
noted
in
the
"comments"
box
below.
Comments: Signature
and
Title
of
Agency's
Final
Reviewing
Official
Item 1F - Page 41
DTG
OPERATIONS,
INC.
LIST
OF
OFFICERS
&
DIRECTORS
Nante
r , ··i~'.::".D
;;~-~14_~;~
,:,., · ~
.\S
...
, '1tttle
.
6 .tf;l-;~fl/1(
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)Fi
'lff)'~"
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il1tl
f,.Bole
~
.:ti
Jackson,
Jamere
Director
Director
Stone,
Paul
Director
Director
Arrington,
Darren
Vice
President
Officer
Blum,
Stephen
A.
Vice
President,
Real
Estate
Officer
Bridges,
Scott
Vice
President,
Franchise
Operations
Officer
Burns,
John
C.
Vice
President
and
Assistant
Treasurer
Officer
Costello,
Lesley
Assistant
Secretary
Officer
Drake,
Julie
Assistant
Secretary
Officer
Drumright,
Janet
L.
Assistant
Secretary
Officer
Dubin,
Clark
Vice
President,
Insurance
Officer
Ergas,
Tim
Vice
President,
Sales
Americas
Officer
Esper,
R.
Eric
Vice
President
Officer
Galainena,
M
David
Vice
President
and
General
Counsel
Officer
Griffith
Spence,
Terai
Assistant
Secretary
Officer
Havis,
Marc
Vice
President,
Global
Tax
Officer
Honor,
Maurice
Vice
President
Officer
Jackson,
Jamere
Vice
President,
Finance
Officer
Jacobs,
Susan
Vice
President,
Brand
Marketing
Officer
Johnson,
Mark
E.
Vice
President
and
Assistant
Treasurer
Officer
Massengill,
Scott
Vice
President
and
Treasurer
Officer
McEvily,
Richard
P.
Vice
President,
Deputy
General
Counsel
Officer
McGinley,
Dennis
Assistant
Secretary
Officer
Oates,
Kennedy
Vice
President,
Procurement
and
GCI
Officer
Potalivo,
Matthew
C
Assistant
Secretary
Officer
Powell,
Shontra
Vice
President,
Sales
Strategy
and
Operations
Officer
Schloss,
Adam
R.
Assistant
Secretary
Officer
Sell,
Monica
Assistant
Secretary
Officer
Item 1F - Page 42
Silvan, Adam Assistant Secretary Officer
Stone, Paul President Officer
Stuart, Robert J. Vice President Officer
Watson, Albert Assistant Secretary Officer
Weinstein, Michael Vice President Officer
White, Randall Vice President, Labor and Employment Law Officer Effective on May 28, 2020
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVE AGREEMENT WITH CANYON PALM SPRINGS HOTEL, LLC, FOR REIMBURSEMENT OF PUBLIC ART FEES IN THE AMOUNT OF $192,710 FOR
ARTWORKS BY VARIOUS ARTISTS INSTALLED AT THE THOMPSON HOTEL RECOMMENDATION:
Accept the public artwork located in the Thompson Hotel lobby and Restaurant Lounge (Lola Rose) located at 414 South Palm Canyon Drive.
1. Appropriate Public Art Funds in the amount of $192,710 to reimburse Canyon Palm Springs Hotel, LLC.
2. Approve the Agreement with Canyon Palm Springs Hotel, LLC, for Reimbursement of Public Art Funds to Install Artwork at Thompson Palm Springs Hotel.
3. Authorize the City Manager to execute all necessary documents.4.
Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT WITH CANYON PALM SPRINGS HOTEL, LLC,
FOR REIMBURSEMENT OF PUBLIC ART FEES IN THE AMOUNT OF
$192,710 FOR ARTWORKS BY VARIOUS ARTISTS INSTALLED AT THE
THOMPSON HOTEL
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:
Canyon Palm Springs Hotel, LLC (Applicant) has installed several publicly accessible artworks (Attachment A) at the Thompson Hotel located at 414 North Palm Canyon Drive and is requesting reimbursement of Public Art Fees in the amount of $192,710.
RECOMMENDATION:
1) Accept the public artwork located in the Thompson Hotel lobby and Restaurant Lounge (Lola Rose) located at 414 South Palm Canyon Drive.
2) Appropriate Public Art Funds in the amount of $192,710 to reimburse Canyon Palm Springs Hotel, LLC.
3) Approve the Agreement with Canyon Palm Springs Hotel, LLC, for Reimbursement of Public Art Funds to Install Artwork at Thompson Palm Springs Hotel.
4) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form is included as Attachment B to this report.
BACKGROUND:
On December 5, 2025, the Public Arts Commission voted unanimously to approve the reimbursement of Public Art Fees to the Hall Group in the amount of $192,710.
Item 1G - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Public Art Fee Reimbursement Agreement
The purpose of the Palm Springs Public Arts Program is to develop and maintain a visual arts program for the residents and visitors of Palm Springs, to add to the economic viability of the community, and to enhance the environment and unique character of Palm Springs by providing for the acquisition and maintenance of quality works of public art. To support the public arts program, the City established public art fees and the Public Arts Fund wherein public arts fees are deposited for expenditures in conjunction with the Public Arts Program.
Chapter 3.37 of the Palm Springs Municipal Code (PSMC) requires a property owner to provide artwork or pay a development fee to the Public Arts Fund as part of new or reconstructed commercial or industrial development, and also for certain residential development. The cost of the provided artwork or amount of the fee to be paid to the Public Arts Fund is based on a formula relative to the value of the proposed development.
The fee is to be paid prior to the issuance of a building permit; when a property own er provides the artwork, the fee is reimbursed to the property owner upon installation of the approved artwork on the developed property. Fees paid to the Public Arts Fund may be used by the Public Arts Commission for the installation of public art in public venues.
Artwork provided by a property owner must be approved by the Public Arts Commission prior to installation.
In those cases where an owner chooses to install publicly accessible artwork in lieu of payment of public art fees, owner may receive reimbursement of all public art fees paid to the City for the privately owned artwork. The amount of public art fees reim bursed to the owner may not exceed the amount of Public Art Fees paid to the City.
STAFF ANALYSIS:
Applicant has installed five (5) art pieces in the Thompson Hotel lobby and restaurant lounge for which they are requesting reimbursement. An overview of the Thompson Palm Springs Collection (curated by Virginia Shore of Shore Art Advisory) and the artist backgrounds is provided in Attachment A.
The Artworks, their location, and costs are provided on the following pages.
Item 1G - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
Public Art Fee Reimbursement Agreement
Continuum Basket: Creation, by Gerald Clarke
Hotel Lobby
$48,000
Item 1G - Page 3
City Council Staff Report
June 25, 2025 -- Page 4
Public Art Fee Reimbursement Agreement
A Rose from the Concrete, by Forrest Kirk
Hotel Lobby
$71,490
The Dressmakers, 2023, By Julie Buffalohead
Restaurant Lounge
$31,500
Item 1G - Page 4
City Council Staff Report
June 25, 2025 -- Page 5
Public Art Fee Reimbursement Agreement
What Dreams Are Made Of, 2019, by Nanibah Chacon
Restaurant Lounge
$34,000
Body parts 2, 2022, by Eric-Paul Riege
Restaurant Lounge
$8,000
Item 1G - Page 5
-
- -
~- -
City Council Staff Report
June 25, 2025 -- Page 6
Public Art Fee Reimbursement Agreement
Applicant is requesting reimbursement of Art Fees in the amount of $192,710, which is the total amount of Public Art Fees paid by the applicant, although less than the value of the artworks. The amount of Public Art Funds recommended by the Public Art Commission for reimbursement is $192,710.
Public Accessibility:
As noted above, the Public Artworks are located in the hotel lobby and restaurant lounge of the Thompson Hotel. Locations are depicted below and in Attachment A.
Ground Level Lobby
Continuum Basket: Creation and A rose from the Concrete
Item 1G - Page 6
ELEVATOR LOBBY
HOT!L
ENTRY
City Council Staff Report
June 25, 2025 -- Page 7
Public Art Fee Reimbursement Agreement
Restaurant Lounge
The Dressmakers, 2023, What Dreams are Made of, 2019,
and body parts 2, 2022
PSMC Section 3.37.080 requires that public art located indoors be accessible to the public a minimum of 12 hours per day. The Owner has informed staff that the lobby and restaurant will be accessible to the public 12 hours per day, every day of the year. The restaurant hours of operation are 7am to 3pm and 5pm to 10pm (open until 11pm on Saturdays). This requirement is included in the proposed Agreement for Reimbursement of Public Art Fees (Attachment C).
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 15304 "Minor Alterations to Land," Class 4 projects consist of Item 1G - Page 7
Location Overview: Lola Rose
Restaurant/ Lounge
Artists : Nanibah Chacon ,
Julie Buffalohead and Eric-Paul Riege
18 City Council Staff Report
June 25, 2025 -- Page 8
Public Art Fee Reimbursement Agreement
"minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:
Approval of this action would appropriate $192,710 of Public Art Funds as requested in the Application for Refund of Public Art Fees (Attachment D) and approved by the Public Arts Commission to be used to reimburse the Applicant for publicly accessible artwork installed at the Thompson Hotel. The funds are to be made available and encumbered in account 1502550 60030, Public Art - Acquisition.
REVIEWED BY:
Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Installed Artwork
B. Public Integrity Disclosure
C. Draft Agreement for Reimbursement of Public Art Fees D. Application for Refund of Public Art Fees
Item 1G - Page 8
ATTACHMENT A
Item 1G - Page 9
THOMPSON PALM SPRINGS HOTEL
For the City of Palm Springs Public Arts Commission
1 Item 1G - Page 10
'6
HALL
G R O U P
Narrative Statement/ Mission
Thompson Palm Springs is committed to growing the
identity of Palm Springs as an innovative and creative
community. Thoughtfully placed in publicly accessible
areas throughout the hotel including the lobby and Lola Rose restaurant; the Thompson Palm Springs
Collection celebrates diversity. With an emphasis on
amplifying the voices of indigenous artists, female
artists, artists of color, and artists identifying as
LGBTQIA; the mission of the Thompson Palm Springs
Collection is to collectively illustrate the diversity, sophistication and boldness of the Palm Springs
community. The Thompson Palm Springs lobby and
Lola Rose restaurant are open and accessible to the
general public seven days per week.
The pages that follow include images, artist
information, and values of the art. Additional images,
information, or receipts can be provided upon request.
The collection was curated by Virginia Shore of Shore
Art Advisory.
2 Item 1G - Page 11
3 Thompson Palm Springs Site Plan
414 N. Palm Canyon Drive, Palm Springs, CA 92262
Main entrance/
Hotel lobby
Lola Rose
Restaurant
Item 1G - Page 12
:$ -~i
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I •
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)
-~·•i1
11 \ II
II
1 11
11 11
• -::- ~-_:_-=::_=:::_-=-::=--=-==---::..~-----------+------- JNDIAN CANYON Dj lVE-----<----- - -- ---- ---- -- -- -- ~- ----- - -- ·-·-· - -- ----<- --·---:--- -- ---- '
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4 Location: Lobby
Item 1G - Page 13
Gerald Clarke
A member of the Cahuilla Band of Mission Indians, Gerald Clarke creates sculptures, paintings, and installation inspired by his cultural heritage. He was schooled in the craft, art and traditions of his ancestors and trained academically as a painter and sculptor, which has enabled him to forge a creative practice characterized by an innovative take on traditional techniques. He expresses his contemporary indigenous experience in his art, and gives voice to his Native community by dispelling myths, bringing truths to the forefront, and finding a middle ground between perception and reality. “In my work,” Clarke states, “I look for the unconventional beauty one finds only in truths. It celebrates, it mourns, and outshines all else.”
In 2020, the Palm Springs Art Museum presented solo exhibition of Clarke’s work. He is currently showing a large site-specific installation as part of DesertX.
Clarke received his BA /from the University of Arkansas (1991) and an MA (1992) and MFA (1994) from Stephen F. Austin State University, TX.
He was born in Hemet, CA; he currently lives on the Cahuilla reservation in Anza, 40 miles southwest of Palm Springs.
Contact:
7366 El Paseo, Palm Desert, CA
760-341-1056
5 Item 1G - Page 14
Artist: Gerald Clarke
Title: Continuum Basket: Creation, 2022/23.
Medium: Aluminum cans, 120 inches (diameter)
** COMMISSION
Appx Weight: 60 lbs
Cost: $48,000
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork: 140 feet
from street to hotel lobby entrance
Landscape Plans: None, art located in hotel lobby
6 Item 1G - Page 15
7 Detail image
Artist: Gerald Clarke
Title: Continuum Basket: Creation, 2022/23.
Medium: Aluminum cans, 120 inches (diameter)
Item 1G - Page 16
Forrest Kirk
Forrest Kirk creates bold, colorful paintings using a variety of media ranging from oils and acrylic to bubble wrap, fabric, and gorilla glue. His images often reference psychological uncertainty and anxiety arising from underlying power structures, specifically those experienced in contemporary urban settings. For his recent bodies of work, Kirk has focused on dramatizations he envisioned referencing Ralph Ellison’s 1952 classic novel Invisible Man. In these works, Kirk absorbs the experiences and visions as dictated by the story’s besieged narrator.
In 2019, Kirk was a resident at the Bed Stuy Artist Residency, Brooklyn, NY. His work resides in numerous private collections and foundations, as well as in the permanent collection of the Hammer Museum, Los Angeles and Museum of Contemporary
Art, San Diego.
Forrest Kirk studied at California State University, Los Angeles and spent time studying classical painting techniques in an atelier in Paris, France. Kirk was born in Los Angeles in 1975; he currently lives and works in Los Angeles
Contact:
8811 Burton Way, West Hollywood, CA 90048
323-219-9824
8 Item 1G - Page 17
Artist: Forrest Kirk
Title: A Rose from the Concrete
Medium: Acrylic on canvas
Dimensions: 10 x 14 feet
Cost: $71,490
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street
and Artwork: 140 feet from street to hotel lobby entrance Landscape Plans: None
9 Item 1G - Page 18
Location Overview: Ground level lobby
10 Item 1G - Page 19
L_J!LJ
I
ELEVATOR LOBBY
L/
STORAGE
HOTB.
ENTRY
11 Location: Lola Rose Restaurant
Item 1G - Page 20
Julie Buffalohead
12 As a member of the Ponca Tribe of Oklahoma,
Buffalohead uses storytelling and narrative
imagery to describe the American Indian cultural
experience. She uses an eclectic and often
saturated palette to depict whimsical animal
subjects and trickster tropes. The
commercialization of Native American culture is
expressed through these anthropomorphic
characters and intentional use of line and color.
Buffalohead received her Bachelor of Fine Arts
degree from the Minneapolis College of Art and
Design in 1995 and her Master of Fine Arts from
Cornell University in 2001. Buffalohead is a
recipient of the Joan Mitchell Foundation Painters
and Sculptors Grant, the McKnight Foundation
Fellowship for Visual Arts, a Jerome Foundation
Travel and Study Grant, and the Fellowship for
Visual Artists from the Minnesota State Arts Board.
Contact:
621 Grant Avenue, San Francisco, CA 94108
+1 (415) 255-9508
Item 1G - Page 21
Artist: Julie Buffalohead
Title: The Dressmakers, 2023
Medium: Oil on canvas
Dimensions:32 x 64 inches
Cost: $31,500
Location of Identification Plaque: Wall adjacent
to artwork
Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork:
105 feet from street to Lola Rose restaurant
entrance
Landscape Plans: None
13 Item 1G - Page 22
Nanibah Chacon
Nanibah “Nani” Chacon, is a Dine (Navajo) and Chicana artist.
Nani is most noted for her female figurative works which utilize bold colors and an illustrative format to create commentary Native , Chicana and American culture. Her work brings forth a dialogue between culture and contemporary social perspectives; many times acting as a narrative to traditional ideas admidst the current cultural climate.
Nani was born in Gallup, New Mexico and grew up both in Chinli, Arizona and in Corrales, New Mexico. Her clan is To dich iini (bitter water) and born for Chicano people. At 16 she was introduced to graffiti and began a prolific career as a graffiti writer and later developed strong aptitude in oil painting. Nani chose figurative work as a basis of subject matter, she uses an archetype of female characters to explore ideas of feminism, culture, traditionalism and modernism.
Nani currently exhibits across the United States. She has maintained a career as a Painter, Muralist and Educator and Activist. In 2004 she received her Bachelor’s in Art Education from the University of New Mexico. In 2013 she joined the art and activist collective Honor the Treaties.
Contact:
7424 Beverly Blvd, Los Angeles CA 90036
(510) 289-1466
14 Item 1G - Page 23
Artist: Nanibah Chacon
Title: What Dreams Are Made Of, 2019
Medium: Acrylic on Canvas,
Dimensions:72 x 240 inches
Cost: $34,000
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork: 105 feet from street to Lola Rose restaurant entrance Landscape Plans: None
15 Item 1G - Page 24
Eric-Paul Riege
Eric-Paul Riege (Diné) is a weaver and fiber artist working in collage, durational performance, installation, woven sculpture, and wearable art. Using weaving as both means and metaphor to tell hybrid tales that interlace stories from Diné spirituality with his own interpretations and cosmology, he understands his artworks as animate and mobile. His practice pays homage and links him to generations of weavers in his family that aids him in generating spaces of sanctuary.
Reige’s recent solo exhibitions include Hammer Projects: Eric Paul Reige at the Hammer Museum in Los Angeles (2022–2023), Larger than Memory at the Heard Museum in Phoenix (2020), and Hólǫ́—it xistz at the Institute of Contemporary Art Miami (2019). His recent group exhibitions include the Prospect.5 Triennial in New Orleans (2022), the Toronto Biennial of Art (2022), and SITElines Biennial, presented by Site Santa Fe (2018). He holds a BFA, Art Studio and Ecology from the University of New Mexico in Albuquerque. His work is collected by Forge Project and ICA Miami, among others.
Reige is a member of the Charcoal Streaked Division of the Red Running Into the Water clan. He was born and is based in Gallup, New Mexico.
Contact:
6200 Hollywood Blvd. Suite 3116 Los Angeles, CA 90028
(323) 714-2354
16 Item 1G - Page 25
Artist: Eric-Paul Riege
Title: body parts 2, 2022
Medium: Mixed fibers, digital print
Dimensions: 36 x 4 x 78 in.
Cost: $8,000
Location of Identification Plaque: Wall adjacent
to artwork
Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork:
105 feet from street to Lola Rose restaurant
entrance
Landscape Plans: None
17 Item 1G - Page 26
-
- -
~ - • +
r - ., .:-' ~~ ·., -
;.-~·• - ·r -. ~ .. •" .
Location Overview: Lola Rose
Restaurant/ Lounge
Artists: Nanibah Chacon,
Julie Buffalohead and Eric-Paul Riege
18 Item 1G - Page 27
Art Conservation and Maintenance Standards
Thompson Palm Springs takes pride in its collection of publicly displayed works of art and recognizes the importance of this artwork to the cultural and economic well being of the community. We are committed to the documentation, preservation and maintenance of this collection. Treatments will be carried out in collaboration with Curator, Collection Manager, hotel staff, artists, and restoration experts.
Condition Assessments
: Inspections of artwork include information on the present location, the current condition and the treatment or maintenance needed. While the general artwork condition will be monitored by hotel staff daily, biannual inspections will be carried out by the Collection Manager, and thorough assessments shall be conducted by a professional third-party conservator every three years.
Maintenance
: Regular routine care of artwork, such as gentle cleaning and dusting, can be carried out by hotel staff with the guidance of the Collection Manager and/or Curator, Virginia Shore. Thompson Palm Springs will engage the artist or a professional third-party conservator to carry out maintenance beyond this routine care.
Art Conservation and Restoration
: This level of art treatment refers to museum quality professional cleaning, repair or refurbishing of an artwork due to aging, damage or vandalism. Work taking place at this level must be approved by Virginia Shore, Curator and completed by an approved professional conservator. 19 Item 1G - Page 28
Overview- Thompson Palm Springs Art Budget
20 Artist Title/ Description Cost Location Image
Clarke, Gerald
Continuum Basket: Creation
Mixed Media, aliminum cans,
10 ft. diameter
2022
48,000.00$ LOBBY
Kirk, Forrest
A Rose from the Concrete
Acrylic on canvas
10 x 14 feet
71,490.00$ LOBBY
Buffalohead, Julie
The Dressmakers, 2023
Oil on canvas
32 x 64 x 3 inches
31,500.00$ Lola Rose restaurant
Chacon, Nanibah
What Dreams Are Made Of, 2019
Acrylic on Canvas
72 x 240 inches
34,000.00$ Lola Rose restaurant
Riege, Eric-Paul
body parts 2, 2022
Mixed fibers, digital print
36 x 4 x 78 in.
8,000.00$ Lola Rose restaurant
Total 192,990.00$
Item 1G - Page 29
21 Invoice # Public Arts Fee Paid Invoice name
2015-
1913: 149,688.00$ (Andez (now Thompson) Hotel) 2016-894: 2,227.30$ (Hotel Kitchen TI) 2022-1456: 12,700.00$ (Revision to Building E to add 18 rooms) 2022-3081: 1,595.00$ (East Pool and Spa) 2023-127: $ 375.00 (Hall Wines TI) 22-1866 20,000.00$ (C omren Inc.)
BLDC-2023-0289: 6,500.00$ (Bar Issi TI) Total 192,710.30$
Overview- Public Arts Fees Paid
Item 1G - Page 30
ATTACHMENT B
Item 1G - Page 31
Item 1G - Page 32
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Canyon Palm Springs Hotel, LLC
2. Address of Entity (Principle Place of Business)
2323 Ross Avenue, Suite 200, Dallas, Texas 75201
3. Local or California Address (if different than #2)
414 North Palm Canyon Drive, Palm Springs, California 92262
4. State where Entity is Registered with Secretary of State Texas
If other than California, is the Entity also reqistered in California? r7l Yes n No
5. Type of Entity
D Corporation 0 Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Craig Hall
Donald L. Braun
Ben Brewer
(Revised 05/16/19)
[!] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
0 Officer D Director D Member ~ Manager
[name]
D General Partner D Limited Partner
Other
0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 33
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
Hall Palm Springs Holdings, LLC 100% in Canyon Palm Springs Hotel, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
B.
Hall Asset Holdings, LLC 100% in Hall Palm Springs Holdings, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
Hall Phoenix/Inwood Ltd. 100% in Hall Asset Holdings, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
Hidden Bend Townhome Associates, Ltd. 21 .5788% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
Lakehill Townhome Associates, Ltd. 5.1358% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE 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.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 34
ATTA.CHMENT
! 6. Officers, Directors, Members, Managers, Trusb~li!S, Oth~r fiduciaries (please specify) I 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 Bryan Tolbert [!] Officer O Director D Member O Manager (name]
0 General Portner C Limited Partner
Oother
Stephanie S. Byrd ~ Officer D Director O Member O Manager (name]
0 General Partne .r O Limited Partner
QOthar
-
Larry Harris [!] Officer O Director D Member D Manager
[name)
D General Partner D Limited Partner
Other
Michael D. Canning 0 Officer D Director D Member O Manager [nam8]
0 General Partner D Umited Partner
Other
Mark Klipsch G Officer D Director D Member D Manager
[name]
0 General Partner D Limited Partner
Other
Canyon Palm Springs Hotel, LLC
Item 1G - Page 35
. TT If. 1E T
7. Owners/Investors with a 5% beneficial interest in the Anolicant Entity or a relaled entity
EXAMPLE
,/AN£ DOE 50%,ABC OMP. NY, Inc.
(name of owner/investor} {percentage of beneficial interest in entity and name of entitvl
A.
HG 2010 Investment. Inc. 36.1344% in Hall Phoenix/Inwood Ltd. [name of owner/investor] (percentage of beneficial interest in entity and name of entitvl
8 . 80 25% in Lakehlll fownh o e AssOClal~. Ltd.
30.84232°-11 ,n Hidden Bend ToHnho ASSOCJ res. Ltd
Craig Hall Living Trust 87.6425% in HG 2010 lnvesimerrt, Inc. 71 3856° in HaN Phoenix/Ir ood Ud (direct and 1ndiTec1) (name of owner/investor] (percentage of beneficial interest in entity and name of entitv1
C.
Brijetta Hall Waller 5 5969% in Hall PhoeniXilnwood Ltd. (direct and indirect} [name of owner/investor ] [percentage of beneficial interest in entity and name of entltvl
0. Craig Hall N/A- Co-Trustee of the Craig Hall Living Trust (name of owner/investor] [percentage of beneficlal interest in entity and namo of eotitvl
E.
Kathryn Hall NIA - Co-Trustee of the Craig Hall Living Trust [name of owner/investor) (percentage of beneficial interest in entity aod name of entitvl
Canyon Palm Springs Hotel, LLC
Item 1G - Page 36
ATTACHMET\ T
Hall Palm Springs Holdings, LLC
Name Affiliation
Craig Hall Officer
Donald L. Braun Manager and Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Byrd Officer
Larry Harris Officer
Michael D. Canning Officer
Hall Asset Holdings, LLC
Name Affiliation
Craig Hall Officer
Donald L. Braun Manag er and Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Bvrd Officer
Larry Harris Officer
Michael D. Canning Officer
Hall Phoenix/Inwood Ltd.
Name Affiliation
Phoenix/Inwood Corporation General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Canyon Palm Springs Hotel, LLC
Item 1G - Page 37
ATfACiT\:1EN_I_
Lake hill Townhome Associates, Ltd.
Name AffiJiation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark K.liosch Officer of General Partner
Brvan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Hidden Bend Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Crai g Hall Director and Officer of General Partner
Dona.Id L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
HG 2010 Investment, Inc.
Name Affiliation
Craig Hall Director and Officer
Donald L. Braun Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Byrd Officer
La rrv Harris Officer
Michael D. Canning Officer
Canyon Palm Springs Hotel, LLC
Item 1G - Page 38
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Hall Palm Springs Holdings, LLC
2. Address of Entity (Principle Place of Business)
2323 Ross Avenue, Suite 200, Dallas, Texas 75201
3. Local or California Address (if different than #2)
414 North Palm Canyon Drive, Palm Springs, California 92262
4. State where Entity is Registered with Secretary of State Texas
If other than California, is the Entity also registered in California? n Yes f7l No
5. Type of Entity
D Corporation 0 Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Craig Hall
Donald L. Braun
Ben Brewer
(Revised 05/16/19)
0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
0 Officer D Director D Member ~ Manager
[name]
D General Partner D Limited Partner
Other
0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 39
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
Hall Asset Holdings, LLC 100% in Hall Palm Springs Holdings, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Hall Phoenix/Inwood Ltd. 100% in Hall Asset Holdings, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
Hidden Bend Townhome Associates, Ltd. 21.5788% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
Lakehill Townhome Associates, Ltd. 5.1358% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
HG 2010 Investment, Inc. 36.1344% in Hall Phoenix/Inwood Ltd. [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.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 40
ATTACHMENT
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Bryan Tolbert [!] Officer D Director D Member O Manager [name]
D General Partner D Limited Partner
Other
Stephanie S. Byrd • Officer D Director O Member D Manager [name]
D General Partner D Limited Partner
Other
Larry Harris ~ Officer D Director D Member D Manager
[name)
n General Partner n Limited Partner
Other
Michael D. Canning 0 Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Mark Klipsch 0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
D Other
Hall Palm Springs Holdings, LLC
Item 1G - Page 41
ATTACHMENT
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
(name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
A. 80.25% in Lakehill Townhome Associates, Ltd.
30.84232% in Hidden Bend Townhome Associates, Ltd.
Craig Hall Living Trust 87.6425% in HG 2010 Investment, Inc. 71 .3856% in Hall Phoenix/Inwood Ltd. ( direct and indirect) [name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.
Brijetta Hall Waller 5.5989% in Hall Phoenix/Inwood Ltd. (direct and indirect) [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
Craig Hall NIA - Co-Trustee of the Craig Hall Living Trust [name of owner/investor] [percentage of beneficial interest in entity and name of entity)
D.
Kathryn Hall NIA - Co-Trustee of the Craig Hall Living Trust [name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
Hall Palm Springs Holdings , LLC
Item 1G - Page 42
ATTACHT'vtENT
Hall Asset Holdings, LLC
Name Affiliation
Craig Hall Officer
Donald L. Braun Manager and Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Byrd Officer
Larry Harris Officer
Michael D. Cann ing Officer
Hall Phoenix/Inwood Ltd.
Name Affiliation
Phoenix/Inwood Corporation General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Brvan Tolbert Officer of General Partner
Stephanie S. Bvrd Officer of General Partner
Larrv Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Lakehill Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Hall Palm Springs Holdings , LLC
Item 1G - Page 43
ATTACl-l l\ttENT
Hidden Bend Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
HG 2010 Investment, Inc.
Name Affiliation
Craig Hall Director and Officer
Donald L. Braun Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Byrd Officer
Larry Harris Officer
Michael D. Canning Officer
Hall Palm Springs Holdings, LLC
Item 1G - Page 44
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Hall Asset Holdings, LLC
2. Address of Entity (Principle Place of Business)
2323 Ross Avenue, Suite 200, Dallas, Texas 75201
3. Local or California Address (if different than #2)
414 North Palm Canyon Drive, Palm Springs, California 92262
4. State where Entity is Registered with Secretary of State Texas
If other than California, is the Entitv also reqistered in California? n Yes r;l No
5. Type of Entity
D Corporation [!] Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Craig Hall
Donald L. Braun
Ben Brewer
{Revised 05/16/19)
[!] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
[!] Officer D Director D Member ~ Manager
[name]
D General Partner D Limited Partner
Other
[!] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 45
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Hall Phoenix/Inwood Ltd. 100% in Hall Asset Holdings, LLC [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Hidden Bend Townhome Associates, Ltd. 21.5788% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
Lakehill Townhome Associates, Ltd. 5.1358% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
HG 2010 Investment, Inc. 36.1344% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
E. 80.25% in Lakehill Townhome Associates , Ltd.
30.84232% in Hidden Bend Townhome Associates, Ltd.
Craig Hall Living Trust 87.6425% in HG 2010 Investment , Inc. 71 .3856% in Hall Phoenix/Inwood Ltd. (direct and indirect) [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
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.
(Revised 05/16/19)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 46
ATTACI-IMENT
6 . Officers, Directors, Members , Managers, Trustees, Other Fid uciaries (please spec ify) Note: If any respons e is not a natural p erson, pleas e identify all offic ers, dire ctors, members, managers and other fiduciaries for the member, manag er, trus t or other entity Bryan Tolbert [!l Officer O Director O Member D Manager [name]
O General Partner D Limited Partner
rJ ou1er
Stephanie S. Byrd • Officer Director O Member D Manager [name)
D General Partner O Limited Partner
Other
Larry Harris ~ Officer O Director O Member O Manager
[name)
O General Partner D Limited Partner
Other
Michael D. Canning [!] Officer D Director D Member O Manager [name]
D General Partner D Limited Partner
Other
Mark Klipsch 0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
Hall Asset Holdings, LLC
Item 1G - Page 47
ATTACHMENT
7. Owners/Investors wit11 a 5% ber1eficial interest in the Ap1:,licant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
A.
Brijetta Hall Waller 5.59$9% in Hall Phoenix/Inwood Ltd. (direct and indirect} (name of owner/investor] [percentage of beneficial Interest in entity and name of entity]
B.
Craig Hall NI A - Co-Trustee of the Craig Hall Living Trust [name of owner/investor) [percentage of beneficial interest in entity and name of entitvl
C.
Kathryn Hall NIA - Co-Trustee of the Craig Hall Living Trust [name of owner/investor] {percentage of beneficial interest in entity and name of entitvl
Hall Asset Holdings, LLC
Item 1G - Page 48
ATTACHMENT
Hall Phoenix/Inwood Ltd.
Name Affiliation
Phoenix/Inwood Corporation General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Lakehill Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Brvan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Hidden Bend Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Hall Asset Holdings, LLC
Item 1G - Page 49
ATTACHMENT
HG 2010 Investment, Inc.
Name Affiliation
Craig Hall Director and Officer
Donald L. Braun Officer
Ben Brewer Officer
Mark Kliosch Officer
Brvan Tolbert Officer
Stephanie S. Bvrd Officer
Larrv Harris Officer
Michael D. Canning Officer
Hall Asset Holdings, LLC
Item 1G - Page 50
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Hall Phoenix/Inwood Ltd.
2. Address of Entity (Principle Place of Business)
2323 Ross Avenue, Suite 200, Dallas, Texas 75201
3. Local or California Address (if different than #2)
414 North Palm Canyon Drive, Palm Springs, California 92262
4. State where Entity is Registered with Secretary of State Texas
If other than California, is the Entitv also reqistered in California? wl Yes n No
5. Type of Entity
D Corporation D Limited Liability Company [!] Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Craig Hall
Donald L. Braun
Ben Brewer
(Revised 05/16/19)
[!] Officer [!] Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
~ Officer [!] Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
[!] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 51
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Hidden Bend Townhome Associates, Ltd. 21 .5788% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entityl
B.
Lakehill Townhome Associates, Ltd. 5.1358% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
HG 2010 Investment, Inc. 36.1344% in Hall Phoenix/Inwood Ltd. [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D. 80.25% in Lakehill Townhome Associates, Ltd.
30.84232% in Hidden Bend Townhome Associates, Ltd.
Craig Hall Living Trust
87.6425% in HG 2010 Investment, Inc.
71 .3856% in Hall Phoenix/Inwood Ltd. {direct and indirect) [name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
Brijetta Hall Waller 5.5989% in Hall Phoenix/Inwood Ltd. (direct and indirect) [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 15 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.
(Revised 05/16/19)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1G - Page 52
ATTACHMENT
6 . Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (ptease specify) Note: If any respons e is not a natura l pers on, pleas e i den tify all offic ers, dire ctors, members, manag ers and other fiduciari es for the member, manag er, trus t or other entity Bryan Tolbert Officer O Director O Member O Manager
(name]
O General Partner D Limited Partner
Other
Stephanie S. Byrd [!1 Officer D Director D Member D Manager [name]
O General Partner O Limited Partner
Other
Larry Harris ~ Officer D Director O Member D Manager
[nameJ
O General Partner O Limited Partner
Other
Michael D. Canning 0 Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Mark Klipsch 0 Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
Hall Phoenix/Inwood Ltd.
Item 1G - Page 53
ATTACHMENT
7. Owners/Investors with a 5% beneficial interest in the AIJDlicant Entitv or a related entitv
EXAMPLE
JANE DOE 50%, ABO COMPANY, Inc.
(name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
Craig Hall NIA- Co-Trustee of the Craig Hall Living Trust [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Kathryn Hall N/A - Co-Trustee of the Craig Hall Living Trust [name of owner/investor] [percentage of beneficial interest in entity and name of entitv1
Hall Phoenix/Inwood Ltd.
Item 1G - Page 54
ATTACHl'v1ENT
Lakehill Townhome Associates, Ltd.
Name Affiliation
L/H G .P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
Hidden Bend Townhome Associates, Ltd.
Name Affiliation
L/H G.P., Inc. General Partner
Craig Hall Director and Officer of General Partner
Donald L. Braun Director and Officer of General Partner Ben Brewer Officer of General Partner
Mark Klipsch Officer of General Partner
Bryan Tolbert Officer of General Partner
Stephanie S. Byrd Officer of General Partner
Larry Harris Officer of General Partner
Michael D. Canning Officer of General Partner
HG 2010 Investment, Inc.
Name Affiliation
Craig Hall Director and Officer
Donald L. Braun Officer
Ben Brewer Officer
Mark Klipsch Officer
Bryan Tolbert Officer
Stephanie S. Byrd Officer
Larry Harris Officer
Michael D. Canning Officer
Hall Phoenix/Inwood Ltd.
ATTACHMENT C
Item 1G - Page 55
55575.18110\41139483.1
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND CANYON PALM
SPRINGS HOTEL, LLC, FOR REIMBURSEMENT OF PUBLIC ART FUNDS TO
INSTALL ARTWORK AT THOMPSON PALM SPRINGS HOTEL
This Agreement for Reimbursement of Public Art Funds to Install Artwork at Thompson Palm Springs (“Agreement”) is entered into this ________ day of ______________ 2025 (the “Effective Date”), by and between the City of Palm Springs (“City”) and Canyon Palm Springs Hotel, LLC, a Texas limited liability company (“Applicant”). City and Applicant are sometimes referred to individually as Party and collectively as Parties.
RECITALS
A. After initial approval in 2014, the Palm Springs City Council in 2021 approved an amendment to final development plans for a 150- room hotel, with ancillary retail, restaurant, and parking structure now known as the Thompson Palm Springs located at 414 N. Palm Canyon Drive, Palm Springs, CA 92262 (“Project”).
B. Pursuant to Palm Springs Municipal Code Chapter 3.37, Project developers were required to pay a total of $192,710.30 in public art fees as a condition of approval of the Project (“Art Fee”). Project developers paid the Art Fee upon issuance of building permits for the Project in 2015 through 2023. Applicant has assumed ownership of the Project and associated entitlements.
C. In 2024, the Applican t submitted a request to the Palm S prings Public Arts Commission for reimbursement of the Art Fee after installation of a five -piece art collection (“Artwork”) in publicly accessible areas through the hotel (“Site”). The Applicant’s proposal is attached hereto as Exhibit “A.”
D. On the Effective Date, the City Council reviewed the reimbursement request and has determined that the installation of the Artwork is consistent with the purpose of the Public Arts Ordinance and requirements of Palm Springs Municipal Code Chapter 3.37.
E. The Applicant has paid $192,990.00 for the Artwork (see Exhibit “A” ). This Agreement is intended to establish the process by which the Applicant’s costs for the Artwork will be partially reimbursed by the City, up to the amount of the Art Fee.
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknow ledged, the City and Applicant hereby agree as follows:
AGREEMENT
1. Artwork Execution and Management. The Applicant has installed the Artwork at the Site.
1.1 Public Access . Applicant has installed the Artwork in areas at the Site that are accessible and may be used by the public a minimum of eighteen hours per day, as shown in Exhibit “A.” Applicant shall not relocate Artwork, or any piece thereof, without express written Item 1G - Page 56
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consent of City, which consent may not be unreasonably withheld so long as the Artwork remains on the Site and meets the minimum public access requirements set forth in this paragraph.
1.2 Maintenance. Applicant shall maintain the Artwork in good condition and repair, consistent with its original state at the time of installation and in a first -class condition as recommended by the artist or competent artwork conservationist or restoration specialist, including but not limited to cleaning, repairing , and protecting the Artwork from damage, vandalism, or deterioration. When determined to be necessary by Applicant in its reasonable discretion, Applicant shall consult the artist or another competent specialist, subject to City approval which shall not be unreasonably withheld, to determine the best methods of restoration or repair, and shall implement such methods within a reasonable time after discovery of damage or deterioration.
1.3 Reimbursement Process . Applicant has purchased the Artwork. Applicant shall provide to City proof of purchase, including invoices and art purchase agreements, for the Artwork.
Such proof must be submitted within ten (10) day s of the execution of this Agreement and must be deemed satisfactory by the City in its reasonable discretion. Upon receipt of sufficient proof of purchase, C ity will promptly reimburse the Art Fee to Applicant pursuant to this Agreement , provided that the City may withhold reimbursement until it has verified compliance with all terms of this Agreement including installation and public access requirements.
2. Maximum Reimbursement Amount. The Art Fee is the maximum amount the Applicant may request for reimbursement. All Artwork expenses in excess of the Art Fee shall be paid by the Applicant and the City shall have no obligation to reimburse any additional costs, regardless of the total amount expended by Applicant.
3. Identification. The Artwork shall be and remain at all times identified by plaques stating each artist’s name, the title, the date each portion of the Artwork was completed and stating that the Artwork was funded through the City of Palm Springs Public Arts Fee Program. The plaque will be placed and remain in an appropriate location near the Artwork that facilitates viewing by the public and the design, materials, and placement of such plaques shall be subject to prior written approval by the City, which approval shall not be unreasonably withheld.
4. Ownership. The Artwork shall remain the property of Applicant or its affiliates, provided, however, that the Applicant shall transfer ownership of the Artwork to any successor in interest of the Site. Applicant shall ensure that any such successor agrees in writing to be bound by the terms of this Agreement as a condition of such transfer, with such written agreement provided to the City within ten (10) business days of the transfer.
5. Compliance with Law . Applicant hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site and Applicant shall promptly notify the City in writing of any alleged violation or noncompliance with such laws or regulations.
6. Permits and Inspections. The Applicant shall be responsible for any permits that may be required for the Artwork and for complying with all City inspections to ensure compliance with this Agreement and the City’s Municipal Code, specifically Chapter 3.37. The City shall determine Item 1G - Page 57
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if any special Artwork Site inspections will be required, will promptly notify the Applicant, and the Applicant will allow an inspection within five (5) days of the request . Failure to permit inspection as required herein shall constitute a default under this Agreement.
7. Prevailing Wage Laws. Applicant has been alerted to the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement consti tutes a public works contract. It shall be the sole responsibility of Applicant to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Applicant agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Applicant shall indemnify and hold the City harmless from any claims, penalties, or liabilities arising from such determination or noncompliance.
8. Indemnification. To the fullest extent permitted by law, Applicant shall defend (at its sole cost and expense), indemnify, protect, and hold harmless City, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses of for by a third party including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons, for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Applicant, its officers, employees, representatives, and agents, arising out of or in conn ection with this Agreement or the Artwork . This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected and appointed officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Applicant ’s indemnification obligation or other l iability under this Agreement. Applicant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely file d, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.
9. Insurance. Applicant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit “B,” incorporated herein by reference and shall provide the City with certificates of insurance and endorsements naming the City as an additional insured within ten (10) business days of the execution of this Agreement. Failure to maintain required insurance shall constitute a default under this Agreement.
10. Default.
10.1 Cure Rights. In the event of any default or breach of any of the covenant or condition contained in this Agreement by Applicant , City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance and full or partial remittance of the Art Fee to the City. Additionally, in the event that Applicant has not cured any curable default hereunder within thirty (30) days after written notice from City of Item 1G - Page 58
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such default, or such longer period as may be reasonably necessary provided Applicant commences cure within thirty (30) days and diligently pursues it to completion, City shall have the right to cure such default and charge Applicant with the reasonable and actual cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Applicant.
10.2 Location and Removal of Artwork. The Artwork shall not be removed from the Site without the prior written approval of the City, which approval may be withheld in the City’s sole and absolute discretion. In addition to any other remedies provided herein, in the event that the Artwork is , at the fault of Applicant, destroyed, removed from the Site , or imp roperly maintained by Applicant, the City m ay require the Applicant to remit the Art Fee to the City to deposit into the City’s Public Art Fund. If Applican t intends to sell all or any portion of the Artwork, to anyone other than a successor to the Site, Applicant shall provide written notice to the City at least sixty (60) days prior to the proposed sale date, including details of the proposed sale price, buyer, and intended disposition of proceeds. The City shall have the right, in it s sole discretion, to (a) approve the sale, subject to the condition that Applicant replaces the sold Artwork with substitute Artwork of comparable quality and value within one hundred twenty (120) days of the sale, at Applicant’s sole cost, or (b) require Applicant to remit to the City an amount equal to the Art Fee, prorated based on the portion of the Artwork sold, prior to completing the sale. Any replacement Artwork shall be subject to the City’s prior written approval, which shall not be unreasonably withheld, provided the replacement meets the standards of the Palm Springs Municipal Code Chapter 3.37 and maintains or enhances the public benefit of the original Artwork.
11. Notices and Requests . Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) hand-delivered to the Party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below:
If to the City:
If to the Applicant:
City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Canyon Palm Springs Hotel, LLC
Attention: Stephanie Byrd, General Counsel
2323 Ross Avenue, Suite 200
Dallas, Texas 75201
Telephone: 214-269-9500
or at such other address, and to the attention of such other person or officer as any Party may designate in writing by notice duly given pursuant to this section. Notices shall be deemed received Item 1G - Page 59
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(i) when hand-delivered to the Party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a Party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a Party shall mean and refer to the date on which the Party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.
12. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the City or Applicant of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement nor shall any single or partial exercise of any right or remedy preclude further exercise thereof.
13. Attorneys’ Fees . In the event a Party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing Party shall be entitled to receive from the other Party reasonable attorneys’ fees and reasonable out-of-pocket costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment.
14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
15. Time is of the Essence. Time is of the essence in this Agreement with regard to performance under the terms and provisions of this Agreement, and any amendment, modification or revision thereof, with respect to the actions and obligations of each person bound by the terms hereof.
16. Assignment. Except for assignments to affiliates of Applicant which shall not require the City’s approval, but shall require written notice to the City within thirty (30) days of such assignment pursuant to Section 11, including confirmation that the affiliate has agreed in writing to be bound by this Agreement, this Agreement may be assigned, in whole or in part, by the Applicant only upon the prior, written approval of the City , as evidenced by the City Manager’s signature thereon, which approval may be withheld by the City for any reason. Any attempted assignment without such approval shall be null and void.
17. Benefits and Burdens. The benefits and burdens of this Agreement shall be binding upon and shall inure to the City and Applicant and their respective heirs, successors or assigns, as applicable.
18. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged herein.
Item 1G - Page 60
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19. Amendment. No amendment or waiver of any provision in this Agreement will be binding (i) on the City unless and until it has been approved by the City Council and has become effective or (ii) on the Applicant unless and until it has been executed by an authorized representative.
20. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of California and suit pertaining to this Agreement may be brought only in courts in Riverside County, California.
21. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced t o the extent permitted by law and the Parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability.
22. Rights and Remedies are Cumulative . The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party.
23. City Representative . The City Manager, or their designee as design ated by the City Manager in writing, shall be the City’s designated representative with respect to this Agreement.
Under the direction of the City Council, the City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement.
24. Force Majeure. Whenever a period of time herein is prescribed for action to be taken by either party hereto, such party shall not be liable or responsible for any delays due to strikes, riots, acts of God, war, terrorism, disaster, or governmental laws, regulations, or restrictions, or similar acts which are beyond the control of such party, provided that the party promptly notifies the other party of such event and diligently resumes performance as soon as reasonably practicable. [Signature provisions on following page]
Item 1G - Page 61
55575.18110\41139483.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.
APPLICANT:
Canyon Palm Springs Hotel, LLC
By: _________________________________
Name:_______________________________
Title:________________________________
CITY OF PALM SPRINGS:
By: _________________________________
City Manager
APPROVED AS TO FORM:
By: ______________________________
City Attorney
ATTEST:
____________________________________
City Clerk
Item 1G - Page 62
55575.18110\41139483.1
EXHIBIT “A”
APPLICANT’S PROPOSAL
Item 1G - Page 63
THOMPSON PALM SPRINGS HOTEL
For the City of Palm Springs Public Arts Commission
1 Item 1G - Page 64
'6
HALL
G R O U P
Narrative Statement/ Mission
Thompson Palm Springs is committed to growing the
identity of Palm Springs as an innovative and creative
community. Thoughtfully placed in publicly accessible
areas throughout the hotel including the lobby and Lola Rose restaurant; the Thompson Palm Springs
Collection celebrates diversity. With an emphasis on
amplifying the voices of indigenous artists, female
artists, artists of color, and artists identifying as
LGBTQIA; the mission of the Thompson Palm Springs
Collection is to collectively illustrate the diversity, sophistication and boldness of the Palm Springs
community. The Thompson Palm Springs lobby and
Lola Rose restaurant are open and accessible to the
general public seven days per week.
The pages that follow include images, artist
information, and values of the art. Additional images,
information, or receipts can be provided upon request.
The collection was curated by Virginia Shore of Shore
Art Advisory.
2 Item 1G - Page 65
3 Thompson Palm Springs Site Plan
414 N. Palm Canyon Drive, Palm Springs, CA 92262
Main entrance/
Hotel lobby
Lola Rose
Restaurant
Item 1G - Page 66
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4 Location: Lobby
Item 1G - Page 67
Gerald Clarke
A member of the Cahuilla Band of Mission Indians, Gerald Clarke creates sculptures, paintings, and installation inspired by his cultural heritage. He was schooled in the craft, art and traditions of his ancestors and trained academically as a painter and sculptor, which has enabled him to forge a creative practice characterized by an innovative take on traditional techniques. He expresses his contemporary indigenous experience in his art, and gives voice to his Native community by dispelling myths, bringing truths to the forefront, and finding a middle ground between perception and reality. “In my work,” Clarke states, “I look for the unconventional beauty one finds only in truths. It celebrates, it mourns, and outshines all else.”
In 2020, the Palm Springs Art Museum presented solo exhibition of Clarke’s work. He is currently showing a large site-specific installation as part of DesertX.
Clarke received his BA /from the University of Arkansas (1991) and an MA (1992) and MFA (1994) from Stephen F. Austin State University, TX.
He was born in Hemet, CA; he currently lives on the Cahuilla reservation in Anza, 40 miles southwest of Palm Springs.
Contact:
7366 El Paseo, Palm Desert, CA
760-341-1056
5 Item 1G - Page 68
Artist: Gerald Clarke
Title: Continuum Basket: Creation, 2022/23.
Medium: Aluminum cans, 120 inches (diameter)
** COMMISSION
Appx Weight: 60 lbs
Cost: $48,000
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork: 140 feet
from street to hotel lobby entrance
Landscape Plans: None, art located in hotel lobby
6 Item 1G - Page 69
7 Detail image
Artist: Gerald Clarke
Title: Continuum Basket: Creation, 2022/23.
Medium: Aluminum cans, 120 inches (diameter)
Item 1G - Page 70
Forrest Kirk
Forrest Kirk creates bold, colorful paintings using a variety of media ranging from oils and acrylic to bubble wrap, fabric, and gorilla glue. His images often reference psychological uncertainty and anxiety arising from underlying power structures, specifically those experienced in contemporary urban settings. For his recent bodies of work, Kirk has focused on dramatizations he envisioned referencing Ralph Ellison’s 1952 classic novel Invisible Man. In these works, Kirk absorbs the experiences and visions as dictated by the story’s besieged narrator.
In 2019, Kirk was a resident at the Bed Stuy Artist Residency, Brooklyn, NY. His work resides in numerous private collections and foundations, as well as in the permanent collection of the Hammer Museum, Los Angeles and Museum of Contemporary
Art, San Diego.
Forrest Kirk studied at California State University, Los Angeles and spent time studying classical painting techniques in an atelier in Paris, France. Kirk was born in Los Angeles in 1975; he currently lives and works in Los Angeles
Contact:
8811 Burton Way, West Hollywood, CA 90048
323-219-9824
8 Item 1G - Page 71
Artist: Forrest Kirk
Title: A Rose from the Concrete
Medium: Acrylic on canvas
Dimensions: 10 x 14 feet
Cost: $71,490
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street
and Artwork: 140 feet from street to hotel lobby entrance Landscape Plans: None
9 Item 1G - Page 72
Location Overview: Ground level lobby
10 Item 1G - Page 73
L_J!LJ
I
ELEVATOR LOBBY
L/
STORAGE
HOTB.
ENTRY
11 Location: Lola Rose Restaurant
Item 1G - Page 74
Julie Buffalohead
12 As a member of the Ponca Tribe of Oklahoma,
Buffalohead uses storytelling and narrative
imagery to describe the American Indian cultural
experience. She uses an eclectic and often
saturated palette to depict whimsical animal
subjects and trickster tropes. The
commercialization of Native American culture is
expressed through these anthropomorphic
characters and intentional use of line and color.
Buffalohead received her Bachelor of Fine Arts
degree from the Minneapolis College of Art and
Design in 1995 and her Master of Fine Arts from
Cornell University in 2001. Buffalohead is a
recipient of the Joan Mitchell Foundation Painters
and Sculptors Grant, the McKnight Foundation
Fellowship for Visual Arts, a Jerome Foundation
Travel and Study Grant, and the Fellowship for
Visual Artists from the Minnesota State Arts Board.
Contact:
621 Grant Avenue, San Francisco, CA 94108
+1 (415) 255-9508
Item 1G - Page 75
Artist: Julie Buffalohead
Title: The Dressmakers, 2023
Medium: Oil on canvas
Dimensions:32 x 64 inches
Cost: $31,500
Location of Identification Plaque: Wall adjacent
to artwork
Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork:
105 feet from street to Lola Rose restaurant
entrance
Landscape Plans: None
13 Item 1G - Page 76
Nanibah Chacon
Nanibah “Nani” Chacon, is a Dine (Navajo) and Chicana artist.
Nani is most noted for her female figurative works which utilize bold colors and an illustrative format to create commentary Native , Chicana and American culture. Her work brings forth a dialogue between culture and contemporary social perspectives; many times acting as a narrative to traditional ideas admidst the current cultural climate.
Nani was born in Gallup, New Mexico and grew up both in Chinli, Arizona and in Corrales, New Mexico. Her clan is To dich iini (bitter water) and born for Chicano people. At 16 she was introduced to graffiti and began a prolific career as a graffiti writer and later developed strong aptitude in oil painting. Nani chose figurative work as a basis of subject matter, she uses an archetype of female characters to explore ideas of feminism, culture, traditionalism and modernism.
Nani currently exhibits across the United States. She has maintained a career as a Painter, Muralist and Educator and Activist. In 2004 she received her Bachelor’s in Art Education from the University of New Mexico. In 2013 she joined the art and activist collective Honor the Treaties.
Contact:
7424 Beverly Blvd, Los Angeles CA 90036
(510) 289-1466
14 Item 1G - Page 77
Artist: Nanibah Chacon
Title: What Dreams Are Made Of, 2019
Medium: Acrylic on Canvas,
Dimensions:72 x 240 inches
Cost: $34,000
Location of Identification Plaque: Wall adjacent to artwork Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork: 105 feet from street to Lola Rose restaurant entrance Landscape Plans: None
15 Item 1G - Page 78
Eric-Paul Riege
Eric-Paul Riege (Diné) is a weaver and fiber artist working in collage, durational performance, installation, woven sculpture, and wearable art. Using weaving as both means and metaphor to tell hybrid tales that interlace stories from Diné spirituality with his own interpretations and cosmology, he understands his artworks as animate and mobile. His practice pays homage and links him to generations of weavers in his family that aids him in generating spaces of sanctuary.
Reige’s recent solo exhibitions include Hammer Projects: Eric Paul Reige at the Hammer Museum in Los Angeles (2022–2023), Larger than Memory at the Heard Museum in Phoenix (2020), and Hólǫ́—it xistz at the Institute of Contemporary Art Miami (2019). His recent group exhibitions include the Prospect.5 Triennial in New Orleans (2022), the Toronto Biennial of Art (2022), and SITElines Biennial, presented by Site Santa Fe (2018). He holds a BFA, Art Studio and Ecology from the University of New Mexico in Albuquerque. His work is collected by Forge Project and ICA Miami, among others.
Reige is a member of the Charcoal Streaked Division of the Red Running Into the Water clan. He was born and is based in Gallup, New Mexico.
Contact:
6200 Hollywood Blvd. Suite 3116 Los Angeles, CA 90028
(323) 714-2354
16 Item 1G - Page 79
Artist: Eric-Paul Riege
Title: body parts 2, 2022
Medium: Mixed fibers, digital print
Dimensions: 36 x 4 x 78 in.
Cost: $8,000
Location of Identification Plaque: Wall adjacent
to artwork
Date of Installation: August 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork:
105 feet from street to Lola Rose restaurant
entrance
Landscape Plans: None
17 Item 1G - Page 80
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Location Overview: Lola Rose
Restaurant/ Lounge
Artists: Nanibah Chacon,
Julie Buffalohead and Eric-Paul Riege
18 Item 1G - Page 81
Art Conservation and Maintenance Standards
Thompson Palm Springs takes pride in its collection of publicly displayed works of art and recognizes the importance of this artwork to the cultural and economic well being of the community. We are committed to the documentation, preservation and maintenance of this collection. Treatments will be carried out in collaboration with Curator, Collection Manager, hotel staff, artists, and restoration experts.
Condition Assessments
: Inspections of artwork include information on the present location, the current condition and the treatment or maintenance needed. While the general artwork condition will be monitored by hotel staff daily, biannual inspections will be carried out by the Collection Manager, and thorough assessments shall be conducted by a professional third-party conservator every three years.
Maintenance
: Regular routine care of artwork, such as gentle cleaning and dusting, can be carried out by hotel staff with the guidance of the Collection Manager and/or Curator, Virginia Shore. Thompson Palm Springs will engage the artist or a professional third-party conservator to carry out maintenance beyond this routine care.
Art Conservation and Restoration
: This level of art treatment refers to museum quality professional cleaning, repair or refurbishing of an artwork due to aging, damage or vandalism. Work taking place at this level must be approved by Virginia Shore, Curator and completed by an approved professional conservator. 19 Item 1G - Page 82
Overview- Thompson Palm Springs Art Budget
20 Artist Title/ Description Cost Location Image
Clarke, Gerald
Continuum Basket: Creation
Mixed Media, aliminum cans,
10 ft. diameter
2022
48,000.00$ LOBBY
Kirk, Forrest
A Rose from the Concrete
Acrylic on canvas
10 x 14 feet
71,490.00$ LOBBY
Buffalohead, Julie
The Dressmakers, 2023
Oil on canvas
32 x 64 x 3 inches
31,500.00$ Lola Rose restaurant
Chacon, Nanibah
What Dreams Are Made Of, 2019
Acrylic on Canvas
72 x 240 inches
34,000.00$ Lola Rose restaurant
Riege, Eric-Paul
body parts 2, 2022
Mixed fibers, digital print
36 x 4 x 78 in.
8,000.00$ Lola Rose restaurant
Total 192,990.00$
Item 1G - Page 83
21 Invoice # Public Arts Fee Paid Invoice name
2015-
1913: 149,688.00$ (Andez (now Thompson) Hotel) 2016-894: 2,227.30$ (Hotel Kitchen TI) 2022-1456: 12,700.00$ (Revision to Building E to add 18 rooms) 2022-3081: 1,595.00$ (East Pool and Spa) 2023-127: $ 375.00 (Hall Wines TI) 22-1866 20,000.00$ (C omren Inc.)
BLDC-2023-0289: 6,500.00$ (Bar Issi TI) Total 192,710.30$
Overview- Public Arts Fees Paid
Item 1G - Page 84
Permits
22 Item 1G - Page 85
INVOICE (PERMIT-2015-1913-59919)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
Brian Martinelli
Hall Group
2323 Ross AVE Ste 200
Dallas, TX 75201
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION PERMIT-2015-19
13-59919
06/08/2015 06/08/2015 Converted InvoicePaid In Full
REFERENCE NUMBER FEE NAME TOTAL
2015-1913-59919 Building Inspection $335.79
Building Permit Fee (Commercial) $27,296.50
Building Permit Fee (Commercial) $4,626.30
Building Technology $43,500.00
Central Drainage $37,769.20
Construction Tax $126,367.20
Engineering Technology $25,200.00
Fire - New Commercial/Industrial - Inspection $2,412.00 Fire - New Commercial/Industrial - Plan Review $3,458.00 General Plan Maintenance Fee $20,100.00
Legacy - Building Fee $335.79
Legacy - Building Fee $327.60
Legacy - Building Fee $335.79
Legacy - Building Fee $335.79
Legacy - Building Fee $335.79
Microfilm $759.81
Permit Issuance $43.14
Plan Check $1,918.68
Plan Check Deposit $55,890.55
Planning Technology $25,200.00
Planning, Plan Check, and Inspection Fee $1,240.00
Public Arts (Commercial) $149,688.00
Re-inspection $335.79
Renewal Fee (Building) $13,673.00
Senate Bill 1473 $1,200.00
Sewer Connection $222,931.00
Sewer Inspection $46.00
SMIP 2 $8,400.00
TUMF $135,221.30
TUMF $97,860.00
$1,007,143.02 SUB TOTAL414 Palm Canyon Dr N Palm Springs, CA TOTAL $1,007,143.02 REMITTANCE INFORMATION
Item 1G - Page 86
-
-,
'
I
INVOICE (PERMIT-2015-1913-59919)
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 87
INVOICE (PERMIT-2016-894-63707)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
Penta Const
Penta Const
44250 Monterey, Palm Desert
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION PERMIT-2016-89
4-63707
03/08/2016 03/08/2016 Converted InvoicePaid In Full
REFERENCE NUMBER FEE NAME TOTAL
2016-894-63707 Building Technology $598.99
Contract Plan Review Fee $751.00
Fire - Comm./Indus. Add. or Remodel - Plan Review $266.00 General Plan Maintenance Fee $327.48
Legacy - Fire Fee $282.00
Microfilm $148.47
Permit Issuance $33.00
Permit Issuance $831.02
Planning Technology $367.34
Public Arts (Commercial) $2,227.30
Senate Bill 1473 $20.00
Sewer Connection $25,994.00
Sewer Inspection $46.00
SMIP 2 $140.00
TUMF $27,548.60
$59,581.20 SUB TOTAL414 Palm Canyon Dr N Palm Springs, CA TOTAL $59,581.20 REMITTANCE INFORMATION
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 88
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INVOICE (PERMIT-2022-1456-106015)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
Comren Inc
18321 Ventura BLVD Fl 6
Tarzana, CA 91356
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION PERMIT-2022-14
56-106015
04/05/2022 04/05/2022 Converted InvoicePaid In Full
REFERENCE NUMBER FEE NAME TOTAL
2022-1456-106015 Building Technology $6,386.00
Commercial Tenant Improvement Permit Fee $5,052.77
Construction Tax $3,101.60
General Plan Maintenance Fee $3,120.00
Legacy - Building Fee $4,612.68
Legacy - Fire Fee $254.00
Microfilm $78.25
Permit Issuance $43.14
Public Art (Within New Subdivision) $12,700.00
Senate Bill 1473 $160.00
Sewer Connection $2,900.00
Sewer Connection $6,174.00
SMIP 2 $400.00
TUMF $54,132.46
$99,114.90 SUB TOTAL414 Palm Canyon Dr N Palm Springs, CA TOTAL $99,114.90 REMITTANCE INFORMATION
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 89
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INVOICE (PERMIT-2022-3081-107791)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
HART BROTHERS CONSTRUCTION INC dba
AQUATIC TECHNOLOGIES
32232 Paseo Adelanto Ste A
SAN JUAN CAPISTRANO, CA 92675
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION PERMIT-2022-30
81-107791
06/29/2022 06/29/2022 Converted InvoicePaid In Full
REFERENCE NUMBER FEE NAME TOTAL
2022-3081-107791 Building Technology $356.38
Engineering Technology $356.38
Legacy - Building Fee $458.32
Legacy - Fire Fee $156.00
Legacy - Fire Fee $115.00
Microfilm $63.60
Permit Issuance $46.12
Plan Check $1,045.00
Plan Check $135.00
Planning Technology $356.38
Pools/Spas $489.94
Public Arts (Commercial) $1,595.00
Senate Bill 1473 $13.84
SMIP 2 $96.88
$5,283.84 SUB TOTAL414 Palm Canyon Dr N Palm Springs, CA TOTAL $5,283.84 REMITTANCE INFORMATION
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 90
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INVOICE (INV-00014072)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
justin badraun
platinumx construction
15791 rockfield blvd
irvine, CA 92618
Brandon Dedmon
SMS Architects
100 Progress 250 250
Irvine, CA 92618
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION INV-00014072 05/14/2024 05/14/2024 NONEPaid In Full
REFERENCE NUMBER FEE NAME TOTAL
2023-127-110696 Building Inspection $204.60
Building Technology $77.25
General Plan Maintenance Fee $58.50
Permit Issuance $46.12
Planning Inspection Fee $311.00
Planning Plan Check Fee $634.00
Public Arts (Commercial) $375.00
Senate Bill 1473 $4.00
$1,710.47 SUB TOTAL414 N Palm Canyon Dr Palm Springs, CA TOTAL $1,710.47 REMITTANCE INFORMATION
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 91
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INVOICE (INV-00007843)
FOR CITY OF PALM SPRINGS
BILLING CONTACT
Emily Fuertes
100 Progress #250 #250
Irvine, CA 92618
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION INV-00007843 11/14/2023 11/14/2023 NONEPaid In Full
REFERENCE NUMBER FEE NAME TOTAL
BLDC-2023-0289 Building Technology $1,417.00
Commercial Tenant Improvement - Plan Review $3,978.14
Commercial Tenant Improvement Permit Fee $1,612.96
Fire - Comm./Indus. Add. or Remodel - Inspection $340.00 Fire - Comm./Indus. Add. or Remodel - Plan Review $289.00 General Plan Maintenance Fee $910.00
Permit Issuance $49.02
Planning Plan Check Fee $1,170.00
Planning Technology $1,300.00
Public Arts (Commercial) $6,500.00
Senate Bill 1473 $53.00
$17,619.12 SUB TOTAL410 Palm Canyon N Dr Palm Springs, CA 92262 TOTAL $17,619.12 REMITTANCE INFORMATION
Remit payments online at:
https://palmspringsca.gov/palmspringsonline
Or to remit payments via mail:
Make checks Payable to City of Palm Springs
Mail to:
CITY OF PALM SPRINGS
DEPARTMENT OF FINANCE & TREASURY
P.O. BOX 2743
PALM SPRINGS, CA 92263-2743
Item 1G - Page 92
c~===~================±==== ____ _JI
Contact:
Abigail Rust
Art Collection Manager
Hall Group
[email protected]
214.269.9528
Additional information available
upon request.
23 Item 1G - Page 93
55575.18110\41139483.1
EXHIBIT “B”
INSURANCE
1. Procurement and Maintenance of Insurance. Applicant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Applicant’s performance under this Agreement and the existence of the Artwork at the Site . Applicant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Applicant shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws, to the extent required by law . Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Applicant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
_X_ is not required
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence for Applicant. If Applicant has no employees, Applicant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Applicant’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess Item 1G - Page 94
55575.18110\41139483.1
of Applicant’s insurance an d shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Intentionally deleted.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Applicant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent with the following endorsements stated on the certificate:
A. “The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” (“as respects City of Palm Springs Contract No.___” or “for any and all work performed with the City” may be included in this statement).
B. “ This insurance is primary and non- contributory over any insurance or self - insurance the City may have...” (“as respects City of Palm Springs Contract No.___” or “for any and all work performed with the City” may be included in this statement).
C. “ Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. ” Language such as, “endeavor to” mail and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative” is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers’ Liability policies shall contain the insurer’s waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
.
Item 1G - Page 95
55575.18110\41139483.1
7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Applicant shall procure a bond guaranteeing payment of losses and related investigations, claim a dministration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Applicant guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1G - Page 96
ATTACHMENT D
Item 1G - Page 97
Developers Application for Refund of Public Arts Fee
Project Proposal
Project Name: Thompson Palm Springs
Project Location/Address: 414 North Palm Canyon Drive
Developer: Canyon Palm Springs Hotel, LLC Work P hone: _214.269.9528__ Property Owner: Canyon Palm Springs Hotel, LLC Work P hone: _214.269.9531___ Public Art Fee: $192,710.10_____________________________________________________ Artist: 5 artists submitted for consideration with details on p.3 of application and attached deck Address: _Artist contact details included in the attached deck________________________ Artist Phone: _ Artist contact details included in the attached deck ___________________ Title of Artwork: Titles for 5 works of art included on p. 3 of application and in the attached deck Media: Media details for 5 works included in the attached deck.
Description of Artwork: Descriptions for 5 works included in the attached deck Approximate Weight: _See attached_______ Dimensions:_See attached_____________ Approximate Cost: $192,990
Location of Identification Plaque: Each plaque located within line of sight of artwork based upon each work of art’s location___________________________________________ Description of Foundation: _NA______________________________________________ Date of Installation: August 2024, September 2024
Site: 414 N. Palm Canyon Drive
Distance Between Public Street and Artwork: Approximately 140 feet and 105 feet, respectively.
See attached deck for site plan and additional details. _________________ Landscape Plans: _NA____________________________________________________ Special Problems:_NA______________________________________________________ Dedication Plans: _To be determined, possibly January 2025_________________________ Item 1G - Page 98
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM
SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS,
THROUGH ITS POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER
SERVICES
RECOMMENDATION:
Approve an agreement with Palm Springs Unified School District to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2026/2027 school year.
1. Authorize the City Manager to execute all necessary documents. 2.
Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN
PALM SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM
SPRINGS, THROUGH ITS POLICE DEPARTMENT, FOR SCHOOL
RESOURCE OFFICER SERVICES
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
Staff is recommending the City Council approve an agreement with t he Palm Springs Unified School District (PSUSD) for law enforcement services from the Palm Springs Police Department for a full -time School Resource Officer (SRO) on the campus of the Palm Springs High School and Desert Learning Academy. Per the agreement, the SRO will provide law enforcement services for the 20 25/2026 and 2026/2027 school years and PSUSD will reimburse the full costs of the services provided.
RECOMMENDATION:
1) Approve an agreement with Palm Springs Unified School District to provide a full- time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2026/2027 school year.
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
For many years, the City of Palm Springs has entered into an annual agreement with the Palm Springs Unified School District to provide a full -time police officer, referred to as a School Resource Officer (SRO), on the campus of Palm Springs High School.
In 2020, the Palm Springs Unified School District began discussions on how to incorporate the SRO into a broader, more comprehensive approach to addressing student health, wellness, and safety. PSUSD more clearly defined the roles, responsibilities, expectations, and selection process for SROs , and hired mental health specialists and social workers as part of this collaboration.
Item 1H - Page 1
City Council Staff Report
June 25, 2025 – Page 2
PSUSD Law Enforcement Services Agreement
SROs are expected to take enforcement on criminal matters when appropriate or requested and protect students and staff from criminal activity. SROs develop and enhance rapport and communication between youth, police officers, and school administrators, and provide information and classroom instruction on law enforcement related topics. They work with school staff to ensure students are provided with effective and supportive responses to disruptive behavior and families are made aware of community resources available to them. The SRO is not involved in and does not maintain statistics or student demographic data related to expulsions or suspensions.
The proposed agreement prohibits SROs from engaging in discipline or enforcing school codes of conduct.
PSUSD has prioritized special training for their SROs. The Palm Springs Police Department officer currently assigned to Palm Springs High School has attended a 40- hour training course presented by the National Association of School Resource Officers.
This Basic SRO course covered a variety of training topics and materials including ethics, school safety, effective presentations, informal counsel ing/mentorship, special needs students, cyber security, school law, threat response, and developing successful relations with a diverse student body.
The current proposed agreement between PSUSD and the C ity of Palm Springs is for “the services of a School Resource Officer in order to ensure the greater safety of students, the staff, and the public at Palm Springs High School and Desert Learning Academy and to improve and strengthen law enforcement community connections on or about campus.”
The proposed agreement is effective for the 2025 /2026 and 2026/2027 school years, running through June 7, 2027. The total costs of one police officer assigned as the SRO to the Palm Springs High School and Desert Learning Academy for the 2025/2026 and 2026/2027 school years is estimated at $538,132.40. These costs will be reimbursed to the City by PSUSD at a rate not to exceed $ 25,625.35 per month for period of up to ten months for the fiscal year of 2025 /2026 and at a rate not to exceed $28,187.89 per month for a period of up to ten months for the fiscal year of 2026/2027.
FISCAL IMPACT:
Under the proposed agreement, the fully burdened costs of one police officer assigned to Palm Springs High School and Desert Learning Academy will be reimbursed to the City by PSUSD, including any overtime costs
for duties related to the SRO assignment.
Item 1H - Page 2
City Council Staff Report
June 25, 2025 – Page 3
PSUSD Law Enforcement Services Agreement
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:
A. PSUSD Law Enforcement Services Agreement – C0005356
Item 1H - Page 3
ATTACHMENT "A"
Item 1H - Page 4
[Type here] [Type here] [Type here]
PALM SPRINGS UNIFIED SCHOOL
DISTRICT
Law Enforcement Services Agreement
C0005356
LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF PALM
SPRINGS AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT PURSUANT TO PROVISIONS OF THE CALIFORNIA EDUCATION CODE, SECTION 12400, FOR
THE SERVICES OF A SCHOOL RESOURCE OFFICER IN ORDER TO ENSURE THE
GREATER SAFETY OF STUDENTS, THE STAFF, AND THE PUBLIC AT PALM
SPRINGS HIGH SCHOOL AND DESERT LEARNING ACADEMY AND TO
IMPROVE AND STRENGTHEN LAW ENFORCEMENT COMMUNITY
CONNECTIONS ON OR ABOUT CAMPUS.
THIS AGREEMENT is made and entered into by and between the C ity of Palm Springs (hereinafter referred to as "CITY"), and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT").
WHEREAS, the CITY and DISTRICT desire to work cooperatively in this school community pol
icing approach by entering into this Agreement to place a Police Officer as School Resource Officers, herein after referred to as SRO, on the DISTRICT campuses as needed to assist in the teaching of police science classes and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection; IT IS THEREFORE AGREED AS FOLLOWS:
1. T ERM
This ag reement shall be effective beginning August 1, 2025 and it shall run through June 7, 2027, unless sooner terminated as provided in Section 16.
2. PU RPOSE
Thi
s agreement establishes and delineates the mission of the School Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort.
Additionally, the agreement formalizes relationships between the participating entities to foster an efficient and cohesive program that will build a positive relationship between Police Officers and the youth of our community in addition to reducing crime committed by juveniles and young adults.
The intent of this agreement is to ensure that all SROs assigned to PSUSD are deployed under the framework of the U. S. Department of Education and Department of Justice Safe School-based Enforcement through Collaboration, Understanding, and Respect (SECURe).
3. MISSION
The S
RO Program accomplishes its mission by creating and maintaining safe, secure, and orderly learning environments for students, teachers, and staff.
The SRO will establish a trusting channel of communication with students, Item 1H - Page 5
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parents, and teachers. SROs will serve as a positive role model to instill in student’s good moral standards, good judgment and discretion, respect for other student’s, and a sincere concern for the school community. SRO’s will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SRO’s will serve as a confidential source of informal counseling for students and parents concerning problems they face as well as providing information on community resources available to them.
Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators.
SROs are not school disciplinarians and are not employed to “police students”. Therefore, they are prohibited from involvement in enforcing school codes of conduct or engaging school discipline.
4. SCOPE OF SERVICES
4.1 CITY agrees to assign 1 (one) SRO as the minimum staffing level under this Agreement.
Basic responsibilities of the SRO will include but will not be limited to:
1. Protect the students, staff, and public at large against criminal activity.
2. Refer school discipline issues to the appropriate administration team member.
3. Meet with principals to exchange information gathered from, parents, community members, and social media to detect potential spill-over of threats, drug activity, gang activity, and other behavior onto campus.
4. Connect with campus and community social workers to understand when and how at-home issues may be motivating a student’s disruptive behavior in order to work with school staff to ensure effective and supportive responses.
5. Provide counseling on a limited basis to students, staff, and faculty.
6. Take enforcement action on criminal matters when appropriate.
7. Handle initial police reports of crimes committed on campus.
8. Coordinate investigative procedures between police and school administrators.
9. Work with administrators to keep the school Emergency Management Plans updated.
10. Attend school special events as needed.
11. Provide information concerning questions about law enforcement topics to students and staff.
12. Provide classroom instruction on a variety of topics including, but not limited to, narcotics, gangs, safety, public relations, occupational training, leadership, constitutional law, juvenile law, state law, and life skills.
13. Attend training as needed to fulfill the duties of a School Resource Officer.
4.2 DISTRICT shall provide the SRO of each campus the following materials and facilities, which are deemed necessary to the performance of the SRO’s duties:
1. Access to an air-conditioned and properly lighted private office, which shall Item 1H - Page 6
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contain a telephone, which may be used for general business purposes.
2. A location for files and records which can be properly locked and secured.
3. A desk with drawers, chair, worktable, filing cabinet, and office supplies.
4. Access to a computer and printer.
5. Access to and encourage classroom participation by the SRO’s.
6. The opportunity for SRO’s to address teachers and school administrators about the SRO program, goals, and objectives.
7. Seek input from the SRO’s regarding criminal justice problems relating to students.
8. Provide SRO’s the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays.
9. Computer access to student records at all campuses for investigative purposes. (In compliance with FERPA guidelines)
10. Access to video surveillance systems at all campuses for investigative purposes. School Resource Officers will be provided access to the video surveillance system for their respective school campuses and school buses that have video capability. This access will be given to the SRO on their office computer. Access to the video surveillance system shall be solely for investigative and preventive purposes only. Once video of an incident is determined to contain evidentiary value, the portion of video that is necessary to capture the incident will be downloaded from the system and saved as a computer file. The computer file will be considered evidence and shall be handled in accordance with Police Department policy and procedure. School Resource Officers shall respect the sensitive nature of student privacy and shall abide by all applicable confidentiality, privacy policies, and applicable laws. Any unauthorized use of the DISTRICT’S video surveillance system will be grounds for disciplinary action in accordance with the agreement between the DISTRICT and the City of Palm Springs Police Department.
11. Encourage attendance of principals at NASRO Basic SRO training.
12. Ensure SROs receive forty (40) hours of training as a School Resource Officer through the National Association of School Resource Officers (NASRO).
13. Make certain SROs are trained in relevant school-based programs (Restorative Practices, Trauma Informed Care, Positive Behavioral Interventions and Supports, and Students with Disabilities).
5. SCHOOL RESOURCE OFFICER ASSIGNMENT
5.1 When a SRO position becomes available, notice should be given to all sworn employees through regular department posting procedures. The officer should then be interviewed by a board consisting of police department personnel and DISTRICT employees, with the final selection being made by the Chief of Police and the PSUSD Superintendent of Schools or his/her designee(s).
Item 1H - Page 7
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Selection criteria should include but should not be limited to:
1. Oral Interview
2. Oral Presentation
3. Performance Reports
4. Experience
5. Interpersonal skills
The SRO must successfully complete a School Site orientation before his/her assignment. The SRO shall meet the requirements of Education Code section 38001.5. The SRO shall have full authority to act to discharge his or her law enforcement duties pursuant to the policies and practices of the City. If circumstances permit, the Superintendent, or designee, may be consulted with respect to the handling of certain s ituations, if nothing in this Agreement shall restrict the discretion of the SRO in his/her law enforcement activities.
5.2 The day-to-day operation and administrative control of the SRO Program will be a joint and cooperative effort of the City of Palm Springs Police Department and Superintendent of Schools, or his/her designee(s). The SRO Sergeant will make SRO assignments for a school year with an annual review.
Responsibility for the conduct of SRO Personnel, both personally and professionally, shall remain with the Police Department and the DISTRICT acknowledges the SRO remains responsive to the command of the Police Department. The SRO or SROs are employed and retained by the City of Palm Springs, and in no event shall any employee of the CITY be considered an employee of the DISTRICT regardless of the funding source.
5.3 City shall retain the full responsibility and authority to direct and control the activities of the SRO and supervise and discipline the SRO in accordance with the collective bargaining agreement between the City and the City's Police Officers Association then in effect. Notwithstanding the foregoing, the SRO shall cooperate with the DISTRICT relating to any event or activity which may involve a SRO assigned to the DISTRICT , including , without limitation, conferring with any student, parent, faculty, and school administrator. If a problem arises concerning the performance of duties by a SRO, the principal or his/her designee shall state such concerns in writing directed to the PSUSD Superintendent of Schools or his/her designee(s), and the City of Palm Springs Chief of Police or his/her designee.
5.4 The CITY agrees it shall assign and have in attendance a SRO to the District for a period of no less than ten (10) months during the school year. The SRO shall have a regular work schedule of 7: 45 a.m. to 3:45 p.m. five (5) days per week to reflect the days and hours as that of the student population.
5.5 The CITY shall retain the right to approve requests for sick leave, vacation, or other absences In the event a SRO will be absent from work when school is in session, the SRO shall notify his/her supervisor in the CITY and the designated representative of the DISTRICT for the school assigned. For absences of more than five (5) consecutive days' duration, the CITY may assign another fully trained SRO to substitute for the reassigned SRO.
Item 1H - Page 8
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5.6 SRO's vacation time shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by the SRO in accordance with DISTRICT holidays during the contract period. The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY.
5.7 The CITY will make reasonable efforts not to reassign a SRO when school is in session. The DISTRICT recognizes that there will be times when the SRO is necessarily absent from campus, including but not limited to emergencies, court appearances, union release time scheduled training.
5.8 All training required of the SRO will attempt to be scheduled during non- student days if at all feasible.
5.9 The SRO shall always be expected to maintain radio contact with the high school administration. In the event the SRO shall find it necessary to leave the campus, the principal, (or designee), shall be notified in advance of the expected absence and the Police Watch Commander shall be notified. In such a circumstance, a patrol car shall be available for immediate response to a school emergency.
5.10 Any overtime required to be paid to the SRO for school -related issues shall be paid by the DISTRICT as an addition to the full cost of services contained in Article 7. Compensation of this Agreement.
6. MODIFICATION OF SERVICES
No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties.
7. COMPENSATION
DISTRICT shall reimburse CITY the cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the CITY in the form of an hourly rate for an SRO and a mileage rate, and shall include all items of cost and expense to the CITY for providing the services hereunder.
Total cost to DISTRICT under this Agreement for the two -year period covering fiscal years 2025/2026 and 2026/2027 is FIVE HUNDRED THIRTY- EIGHT THOUSAND ONE HUNDRED THIRTY-TWO AND 40/100 DOLLARS ($538,132.40).
For FY 2025/2026, payment will be made upon monthly billing by CITY at a rate not to exceed TWENTY -FIVE THOUSAND SIX HUNDRED TWENTY -FIVE AND 35/100 DOLLARS ($25,625.35) per month for up to ten (10) months.
For FY 2026/2027, payment will be made upon monthly billing by CITY at a rate not to exceed TWENTY -EIGHT THOUSAND ONE HUNDRED EIGHTY -SEVEN AND 89/100 DOLLARS ($28,187.89) per month for up to ten (10) months.
Item 1H - Page 9
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8. INSURANCE
City Insurance. CITY, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all the following minimum insurance requirements. All or a portion of the required insurance may be satisfied using a self- insurance program or pooled insurance, if any. The CITY must provide an affidavit of self-insurance, or pooled insurance if any.
A. Comprehensive General Liability
A policy with a minimum limit of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage, providing at least all the following minimum coverages:
1) Personal Injury
B. Workers' Compensation and Employers' Liability
A policy written in accordance with the laws of the State of California and providing coverage for all employees of the CITY.
1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.
2) This policy shall also provide coverage of $100,000.00 Employers' Liability (Coverage B).
C. Comprehensive Business Auto
A policy with a minimum of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to all City leased, owned, hired, or non -
ow
ned vehicles used in pursuit of any of the activities associated with this agreement.
D. Special Provisions
The foregoing requirements as to the types and limits of insurance coverage to be maintained by CITY, and any approval of said insurance by the DISTRICT, or its insurance consultants) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CITY pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
9. ADMINISTRATION AND SUPERVISION
CITY, (or designee), shall administer this Agreement and supervise the SRO on behalf of the CITY. The Superintendent of DISTRICT (or designee) shall Item 1H - Page 10
[Type here] [Type here] [Type here]
administer this Agreement on behalf of DISTRICT.
10. EMPLOYMENT STATUS
SRO shall remain employees of the City of Palm Springs on special assignment to DISTRICT for the purposes set forth in this Agreement, and shall not be considered agents, employees, or an officer of DISTRICT.
11. HOLD HARMLESS AND INDEMNIFICATION
The DISTRICT shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the SRO, the CITY , or the C ITY'S employees or agents in the performance of this Agreement. The CITY shall assume the defense of, and shall indemnify and hold harmless the DISTRICT from and against all actions or claims against DISTRICT, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by DISTRICT by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by CITY.
The CITY shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the DISTRICT, or the DISTRICT 'S employees or agents in the performance of this Agreement. The DISTRICT shall assume the defense of, and shall indemnify and hold harmless the CITY from and against all actions or claims against CITY, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by CITY by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by DISTRICT.
Nothing in this Section 11 shall limit any liability of DISTRICT or C ITY, which liability pertains to any act or omission by any party arising from any event occurring outside of the performance of this Agreement by CITY.
The indemnity provisions of this Agreement shall survive the expiration or earlier termination of this Agreement.
12. ASSIGNMENT
Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of the CITY.
13. ENTIRE AGREEMENT
This Agreement supersedes all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or oth erwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties.
14. WAIVER
Item 1H - Page 11
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Any waiver by the CITY of any breach of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of CITY to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping CITY from enforcement hereof.
15. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
16. TERMINATION
The term of this agreement is for the 2025/2026 and 2026/2027 school years; however the agreement may be amended at any time by the mutual consent of the parties hereto and may be terminated by either party upon thirty (30) days written notice to the other of its intention to do so. In the event this agreement is terminated, the cost shall be prorated on the basis on one tenth per month of the remainder of the actual agreed services performed hereunder.
17. DISPUTE RESOLUTION
With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and in using their best and reasonable efforts, to resolve may be amended at any time by the he same. If such breach or dispute is not res olved by the Parties, then the Parties shall meet and attempt to agree on an appropriate mode of resolving the dispute or breach, e.g. arbitration, mediation or other forms of alternative dispute resolution.
18. AUTHORITY
The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective Parties, and to bind said Parties to the terms hereof. This Agreement is subject to the approval by each Party's governing body. The Parties have entered into this Agreement as of the day and year first herein above appearing.
Item 1H - Page 12
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IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed in confirmation of this Agreement on the dates indicated below.
**(USE BELOW FOR CITY SIGNATURE FORM)**
PALM SPRINGS UNIFIED SCHOOL DISTRICT
By: ________________________________________
Name: Jeffrey Simmons___________________
Title: Assistant Superintendent, Business Services___
Date: _______________________________________
ATTEST: City of Palm Springs, a Municipal Corporation
By:_____________________________________
Name:___________________________________
Date: ___________________________________
APPROVAL AS TO FORM AND CONTENT: City of Palm Springs, a Municipal Corporation
By: _____________________________________
Name:___________________________________
Date: ____________________________________
Item 1H - Page 13
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND APPROVE AN
EXPENDITURE PLAN AND APPROPRIATION
RECOMMENDATION:
Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.
1. Direct the Director of Finance/City Treasurer to fund the appropriation.2.
Authorize the City Manager to execute all necessary documents. 3.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES
ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND
APPROVE AN EXPENDITURE PLAN AND APPROPRIATION
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
Each year the Palm Springs Police Department receives funding from the State of California to supplement the Department’s budget. The City will receive $100,000 for Fiscal Year 2025-2026. No matching funds are required to obtain t hese funds. The use of the SLE SA funds is only for front -line, municipal police services and should supplement, not supplant, current front-line law enforcement services.
RECOMMENDATION:
1) A ccept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.
2) Direct the Director of Finance/City Treasurer to fund the appropriation. 3) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The Palm Springs Police Department annually receives funds from the State to supplement the Department’s budget. These funds are distributed to law enforcement agencies throughout Riverside County.
The City has been awarded $100,000 for Fiscal Y ear 2025- 2026. The SLESA Grant funding can be spent for a variety of law enforcement expenditures as long as they are used for frontline municipal police services.
The funds will be used to purchase new equipment such as computers and hardware and software programs. The funds will also be used to purchase officer safety equipment and accessories.
Item 1I - Page 1
City Council Staff Report
June 25, 2025 – Page 2
SLESA Grant Funding Acceptance
This request is to meet the requirements of SB 823 enacted in April of 2002. The bill amended Government Code Sections 30061 and 30063, requiring City Councils to appropriate the funds exclusively for law enforcement.
FISCAL IMPACT:
No matching funds are required to obtain this additional grant funding. Funding will be used exclusively for law enforcement.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:
A. Expenditure Plan
Item 1I - Page 2
ATTACHMENT "A"
Item 1I - Page 3
Supplement Law Enforcement Services Account
Expenditure Plan
FY 25/26
City: Palm Springs
Beginning Fund Balance $260,579.74
Prior Year Allocation
Received in Current Year
Current Year Allocation
Expenditures Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
Date approved by the City Council:
The City Manager here certifies that the Supplemental Law Enforcement Services Plan was Submitted to the City Council and approved as listed.
City Manager Date
Please provide the name of a contact person if there are any questions:
Melissa Cain 760-323-8128
Name Contact Number
$100,000.00
$100,000.00
$100,000.00
$100,000.00
Item 1I - Page 4
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C175 WITH
CARAHSOFT TECHNOLOGY CORP. TO PROVIDE A COMMON/SHARED USE
PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT
RECOMMENDATION:
Approve Cooperative Purchase Agreement No. 25C175 with Carahsoft Technology Corp. to provide a Common/Shared Use Passenger Processing System for the Palm Springs International Airport for a five-year term beginning July 1, 2025, through June 30, 2030, in an amount not to exceed $828,610.90.
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C175 WITH CARAHSOFT TECHNOLOGY CORP. TO PROVIDE A
COMMON/SHARED USE PASSENGER PROCESSING SYSTEM FOR
THE PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:
This action will approve Cooperative Purchase Agreement No. 25C175 (Agreement) with Carahsoft Technology Corp. in an amount not to exceed $828,610.90 to provide a Common/Shared Use Passenger Processing System for the Palm Springs International Airport (Airport).
RECOMMENDATION:
1) Approve Cooperative Purchase Agreement No. 25C175 ( Attachment A ) with Carahsoft Technology Corp. to provide a Common/Shared Use Passenger Processing System for the Palm Springs International Airport for a five-year term beginning July 1, 2025 , through June 30, 2030, in an amount not to exceed $828,610.90.
2) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure Form (Attachment B) submitted on February 6, 2024, Carahsoft Technology Corp. is a Maryland Corporation registered in the state s of Maryland and California.
BACKGROUND:
At the Palm Springs International Airport, dedicated boarding gate assignment s had historically been preferred by the airlines for passenger convenience. The increase of Item 1J - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Cooperative Purchase Agreement with Carahsoft Technology Corp.
larger aircraft and the need for flexibility brought the Airport to the conclusion that dedicated boarding gate usage by individual airlines was no longer a viable option.
Discussions with the airlines regarding the Airport switching to a C ommon/Shared Use Passenger Pr ocessing System (CUPPS) took place over several years, specifically during the remodeling of the Airport ticketing wing, and the airlines agreed to switch to CUPPS at the boarding gates to improve overall on- time performance and customer satisfaction. CUPPS offered a portal to each individual airline Departure Control System, and for the Airport, CUPPS provided the advantage of mobility, operational agility, and a reduction in Airport infrastructure costs.
Acquiring new hardware with expanded memory would best serve the Airport’s long-term needs, ensuring compatibility with future software updates and feature enhancements.
The existing hardware will be repurposed for less demanding tasks across the Airport.
STAFF ANALYSIS:
The Airport staff have determined that in order to continue providing enhanced passenger experience, continuity for the airlines at the boarding gates, ticket counters, and customer service counters, and flexibility for the Airport to accommodate new airlines, it is crucial for the Airport to maintain utilizing CUPPS at the Airport. Also, it is important that CUPPS is integrated with the other Airport critical operational systems to maintain a high- level customer service.
The Airport staff worked in conjunction with the Department of Information Technology staff to ensure that the technical specifications, minimum hardware requirements , and ongoing support would be sufficiently provided by the cooperative purchase agreement through the NASPO ValuePoint Contract No. AR2472 with Carahsoft Technology Corp.
The Agreement includes the procurement of the following items:
• 60 – C omputers and monitors with mouse and keyboard included. Five of the computers and monitors are back-up stations.
• Microsoft “PRO” support.
• 12 – Boarding pass printers.
• 12 – Baggage tag printers.
• 6 – Barcode scanners.
• 6 – HP LaserJet Printers.
• 38 – Windows Licenses.
• Bespoke software development services.
• Advanced firewall protection.
• Cables.
• 10 – Cases of self-tagging baggage tags.
• 60 – Cases of boarding passes.
Item 1J - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
Cooperative Purchase Agreement with Carahsoft Technology Corp.
• Common Use Passenger Processing System monitoring.
• Departure control system.
• Flight schedule data.
• Additional miscellaneous software.
A 6.5% CPI increase is included in years 4 and 5. The locations of the CUPPS stations are illustrated in Attachment C.
In accordance with City of Palm Springs Municipal Code Section 7.03.09 (5), “Cooperative Purchasing Programs”, the City may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program provided that the bidder selected was selected through a competitive process. Staff has determined that NASPO ValuePoint Contract No. AR2472 with Carahsoft Technology Corp. meets the requirements of City of Palm Springs Municipal Code Section 7.03.09 (5).
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council’s Broad Goal of Infrastructure and Facilities and supports the Airport’s 2025- 2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.
FISCAL IMPACT:
In Fiscal Year 2025-26, $158,212.42 is budgeted in the Department of Aviation, Airport IT, Computer Software Account 4 157021-50034; $ 174,858.93 is budgeted in the Department of Aviation, Airport Capital Projects Account 4167065-80000; and $5,000 is budgeted in the Department of Aviation, Control Center Operations, Materials and Supplies Account 4157055-50035 for a total budgeted amount of $338,071.35. The remaining annual amounts will be budgeted in future fiscal years.
REVIEWED BY:
Executive Director of Aviation: Harry Barrett Jr.
Procurement and Contracting Manager: Tabitha Richards
Director of Information Technology: Larry Klingaman
City Attorney: Geremy Holm
City Manager: Scott Stiles
Item 1J - Page 3
City Council Staff Report
June 25, 2025 -- Page 4
Cooperative Purchase Agreement with Carahsoft Technology Corp.
ATTACHMENTS:
A. Cooperative Purchase Agreement No. 25C175
B. Public Integrity Disclosure Form
C. Common/Shared Use Location Map
Item 1J - Page 4
ATTACHMENT A
COOPERATIVE PURCHASE AGREEMENT NO. 25C175
WITH CARAHSOFT TECHNOLOGY CORP.
Item 1J - Page 5
4.13.2023
COOPERATIVE PURCHASE TO PROVIDE A COMMON/SHARED USE
PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS
INTERNATIONAL AIRPORT AGREEMENT NO. 25C175
This Cooperative Purchase to provide a Common/Shared Use Passenger Processing System Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Carahsoft Technology Corp., a Maryland Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.
1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited NASPO ValuePoint Contract No. AR2472 with Contractor (“Cooperative Agreement”).
b. The City desires to purchase a Common/Shared Use Passenger Processing System (CUPPS) for the Palm Springs International Airport attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out here in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement is five years beginning on July 1, 2025, and continuing through June 30, 2030 , unless extended by mutual written agreement of the Parties.
3. Compensation and Payment. This Agreement is for an amount not to exceed $828,610.90 subject to approved amendments and changes. All pricing must be in accordance with the attache d Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.
4. Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.
6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its Item 1J - Page 6
4.13.2023
elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), inclu ding but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner ari sing out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters i ndemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:
IF TO THE CITY: IF TO THE CONTRACTOR:
City of Palm Springs Carahsoft Technology Corp.
Attn: City Manager/City Clerk Attn: Jadyn Healis
Address: 3200 E. Tahquitz Canyon Way Address: 11493 Sunset Hills Palm Springs, CA 92262 Road, Suite 100 Phone: (760) 323-8299 Reston, VA 20190
Phone: (571) 591-6062
8. Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.
9. Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
Item 1J - Page 7
4.13.2023
A. To provide for revisions or modifications to d ocuments, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor ’s profession.
10. Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an imme diate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liab le for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.
11. Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
12. Compliance with Econ omic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this Item 1J - Page 8
4.13.2023
compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incor porated herein by reference.
Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
13. Federal Provisions. Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Attachment “E” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
14. Entire Agreement. This Agreement, along with the Co operative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]
Item 1J - Page 9
4.13.2023
SIGNATURE PAGE TO COOPERATIVE PURCHASE TO PROVIDE A
COMMON/SHARED USE PASSGENGER PROCESSING SYSTEM FOR PALM
SPRINGS INTERNATIONAL AIRPORT AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND CARAHSOFT TECHNOLOGY CORP.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1J - Page 10
4.13.2023
ATTACHMENT “A”
SCOPE OF WORK
Item 1J - Page 11
4.13.2023
SPECIFICATION REQUIREMENTS
a. General
i. Contractor shall deliver fully tested Common/Shared Use Passenger Processing System configured to meet the requirements of the airport. ii. The Contractor shall provide telephone, email, and web -portal support 24 hours/seven days a week within specified resolution times. iii. Contractor must include and provide thorough user training sufficient for operators to be fully aware of software capabilities and limitations. iv. The Contractor shall be responsible to ensure that all it s systems interface successfully with airline systems to meet operational needs.
b. System Requirements
i. General:
1. Supported airlines Should include, Air Canada, Alaska, Allegiant, American, Avelo, Delta, Flair, Frontier, Porter, Southwest, Sun Country, United, and WestJet, the ability to expand additional airlines to be determined. An additional test company should be set up for troubleshooting.
2. The system should have equipment to run a minimum of 55 positions with the ability to expand.
3. The system must provide the capability for airlines to share ticket counter and boarding gate positions by providing secure applications to access their native, non-emulated host systems and applications ; or must be a fully compliant CUPPS IATA RP1797 solution (latest version).
4. The system shall ensure that the airport will be able to take advantage of the latest technologies and upgrade features offered at the time of this award. ii. Flight Information Display System (FIDS):
1. The System must be fully integrated with the airport’s FIDS system.
2. The airports FIDS provider is AeroCloud.
3. The System should be fully capable of displaying custom airline information and logos at gates, counters and baggage claim.
iii. Hardware:
1. Contractor shall provide all hardware to include, but not limited to:
a. Boarding pass printers.
b. Bag tag printers.
c. LaserJet document printers.
d. Keyboards and mouses.
e. Boarding pass readers (fixed and portable as required).
2. Bag printers shall support RFID
iv. Software:
1. Contractor shall provide all software and licensing for a fully implemented system.
v. Security:
1. Contractor’s system shall meet or exceed FIPS 140-1 compliance standard.
Item 1J - Page 12
4.13.2023
2. Contractor’s system shall be PCI compliance certified.
3. Contractor shall update system and all components on a monthly schedule to include any applicable security patches.
c. Service Level Agreement (SLA)
1. Priority 1 – Critical
i. Definition: An Incident which would make the applicable Passenger Processing Solution inoperable or unworkable. Critical Business Impact: Total system failure and interruption of business – critical applications affecting all customers or gateways to partner networks. Alternative or bypass is unavailable. Impact is to all customers.
ii. Response Time:
a. Telephone Notification: 15 Minutes
b. Email Notification: 4 hours
iii. Resolution Time: 2 Hours
iv. Update Frequency: 30 Minutes
2. Priority 2 – Severe
i. Definition: An Incident which would make the applicable Passenger Processing Solution operationally inconvenient in use. Severe Business Impact: Complete or partial service interruption of business-critical applications affecting multiple customers or gateway to partner networks. Acceptable bypass is available.
Impact is to more than 50% of customers or devices.
ii. Response Time:
a. Telephone Notification: 15 Minutes
b. Email Notification: 4 hours
iii. Resolution Time: 4 Hours
iv. Update Frequency: 60 Minutes
3. Priority 3 – Medium
i. An Incident which is inconvenient but does not reduce the system's operational capacity. Medium Business Impact: Partial service interruption of business - critical applications affecting a single customer or gateway to partner networks.
Operational impact i s minimal with no immediate impact on service delivery.
Workaround is available. Impact is to less than 50% of customers or devices. ii. Response Time:
a. Telephone Notification: 4 Working Hours
b. Email Notification: 4 Working hours
iii. Resolution Time: 2 Working Days
iv. Update Frequency: Daily during working days.
4. Priority 4 – Minor
i. An Incident of a minor nature. Minimal Business Impact: Component, procedure, or personal application not critical to a customer is unusable.
Alternative is available; deferred maintenanc e is acceptable (problems Item 1J - Page 13
4.13.2023
reported to suppliers). Impact is to individual customer and service delivery minimal; possible minor inconvenience.
ii. Response Time:
a. Telephone Notification: 8 Working Hours
b. Email Notification: 8 Working hours
iii. Resolution Time: 1 Month
iv. Update Frequency: Weekly
d. Additional Options
i. Common Use Kiosks
1. Contractor shall provide optional pricing for a passenger self -service kiosk supporting all PSP airlines.
e. Exclusions And Airport Provided Items
i. Airport to provide the following:
1. Network Cabling.
2. Internet connectivity.
3. Cabinetry/counter inserts needed based on the specifications provided by the Vendor.
4. Network switches, network cabinets and associated network equipment.
5. Electrical power outlets
6. FIDS Displays and controllers.
Schedule:
Work is expected to commence on July 1, 2025, and shall be completed by September 30, 2025, to be fully operational by October 1, 2025. However, depending on equipment availability, it may be possible for work to commence at an earlier date.
SLA services will commence separately for each airline and upon tested and confirmed connectivity with AeroCloud’s CUPPS, and shall be completed by September 30, 2025, to be fully operational by October 1, 2025.
Item 1J - Page 14
4.13.2023
ATTACHMENT “B”
QUOTE / PRICING
Item 1J - Page 15
4.13.2023
Item 1J - Page 16
GOVERNMENT- PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
~ AeroCloud
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I AEROCLOUDSYSTEMS@Carahso ft.com
TO: Ramon Sanchez
Airport Operations Manage r
City of Palm Springs
3200 E T ahquitz Canyo n Way
Palm Springs, CA 92262 USA
EMAIL: [email protected]
PHONE: (760) 318-3825
FROM: Jadyn Healis
Car ahsoft Technology Corp.
11493 Sunset Hills Road
Suite 100
Reston, Virginia 20190
EMAIL: Jadyn.Healis@carahsoft .com
PHONE: (571) 591-6062
TERMS: Contract Number: 7-17-70-4 0-05 QUOTE NO:
NASPO Master Contract Number: AR2472
Contract Term: 09/15117 - 09/15/26
Shipping Point: FOB Destination
Credit Cards: V ISA/MasterCard/AMEX
Remit To: Same as Above
Payme nt Terms : Net 45 (On Approved Cre<l'it)
Sales Tax May Apply
QUOTE DATE:
QUOTE EXPIRES:
RFQNO:
SHIPPING:
TOTAL PRICE:
CA Tax
TOTAL QUOTE:
LINE NO. PART NO. DESCRIPTION QUOTE PRICE
HARDWARE
CU805-49 1 PC DELL i5 with mouse and keyboard S1,171.30 COOP •see notes-16GB (15% discoun t applied) includes 5-Years Dell Pro Suppo rt . 5 year manufa cturer's warranty inctuded AeroCloud Systems Inc. - CU805
2 CU805-49 1 PC DELL i5 with mouse and keyboard S1,171.30 COOP -32G B (15% discoun t applied). includes 5-Years Dell Pro Support . 5 year manufacture( s warranty included
AeroCloud Systems Inc. - CU805
3 CUS:lo-49 1 Mobile cart - Base unit S7,878.90 COOP
AeroCloud Systems Inc. - CU836
4 C U812-491 EPSON TM-T20111 S1,613.00 COOP
•Board ing Pass Printer - CUSTOM
AeroCloud Systems Inc. - CU812
5 CU814-491 TK180 meta l woh RFID S1,614.27 COOP
AeroCloud Systems Inc. - CU814
6 CU817-49 1 Zebra hands canner $246.20 COOP
AeroCloud Systems Inc. - CU817
7 CU816-491 Zebra barcode scanner $401.97 COOP
AeroCloud Systems Inc. - CU816
8 CU820-491 Desko !Denty $462.00 COOP
AeroCloud Systems Inc. - CU820
9 CU819-491 HP LaserJet Pro 4001 $510.98 COOP
AeroCloud Systems Inc. - CU819
10 CU828-49 1 AEA Middleware $71.74 COOP
•Now known as AEA Soft BGR as of 6/13/25 NASPO
update
AeroCloud Systems Inc. - CU828
11 CU830-491 Windows CAL License $71.74 COOP
AeroCloud Systems Inc. - CU830
12 CU829-49 1 Virtual Desktop Environment Desktops $448.38 COOP AeroCloud Systems Inc. - CU829
carahsoft
443 17081
06/04/2025
07/04/2025
ESD
$321,758.21
S16,313.14
$338,071.35
QTY EXTENDED PRICE
40 $46,852.00
20 $23,426.00
2 $15,757.80
12 $19,356.00
12 $19,371.24
3 $738.60
3 S1,205.91
12 S5,544.00
6 S3,065.88
6 $430.44
38 S2,726.12
6 S2,690.28
CONFIDENTIAL QUOTE DATE: 06/04/2025
PAGE 1 of4 QUOTE NO: 44 3 1708 1
4.13.2023
Item 1J - Page 17
~ AeroCloud
LINE NO. PART NO.
13 CU827-491
14 CU826-491
15 CU809-491
16 CU802-491
17 DCS803-491
18 CU839-491
19 CU839-491
20 DEV802-491
21 FID804-491
CONFIDENTIAL
PAGE 2 of 4
GOVERNMENT- PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I [email protected]
DESCRIPTION
C ables Bundle
AeroCloud Systems Inc. - CU827
Firewall - Mikro Tik
AeroCloud Systems Inc. - CU826
Monitor DELL 23"
AeroCloud Systems Inc. - CU809
HARDWARE SUBTOTAL:
YEAR 1
Common use passenger processing system, large scope
Including passenger processing system monitoring
( PPSM). Updated 6113125 NASPO catalog updated
description: "standard scope, for every 30 PC in scope) Price adjusted to account for 60 PCs.
AeroCloud Systems Inc. - CU802
Departure control system, midmarket scope
Updated 6/13125 NASPO catalog updated description:
" Departure control system (commercial service, sub 7M
PAX scope)"
AeroCloud Systems Inc. - DCS803
Box (case ) of boarding passes (thermal! rolls/boarding pas!>eslbag tags/fanfold paper)
2 1" sett tagging baggage tags. Updated 6113124 NASPO
catalog description: Part ACU839. Pricing updated to
reflect PSP paper specifications and volume.
AeroCloud Systems Inc. - CU839
Elox (case ) of boarding passes (thermal! rolls/boarding passes/bag tags/fa nfold paper)
7 mil blank fan fold boarding passes. Updated 6/13/24
NASPO catalog description: Part ACU839. Pricing updated t o reflect PSP paper specifications and volume.
AeroCloud Systems Inc. - CU839
Bespoke software development services performed by
S enior Devek>per
AeroCloud Systems Inc. - OEV802
Flight schedule data
AeroCloud Systems Inc. - F10804
YEAR 1 SUBTOTAL:
SUBTOTAL:
TOTAL PRICE:
CA Tax
TOTAL QUOTE:
QUOTE PRICE
$37.01 COOP
$355.83 C OOP
$274.13 C OOP
$87,855 .97 C OOP
SS,996.45 COOP
$230.00 C OOP
$45.00 C OOP
S2,940.00 C OOP
$19,200.00 C OOP
carahsoft
QTY EXTENDED PRICE
6 2
60 10
60 14
$222.06
$711.66
$16,447.80
$158,545.79
$87,855.97
SS,996.45
S2,300.00
S2,700.00
$4 1,160.00
$19,200.00
$163,212.42
$32 1,758 .21
$321,758.21
$16,313.14
$338,071.35
QUOTE DATE: 06/04/20 25
QUOTE NO: 44317081
4.13.2023
Item 1J - Page 18
~ AeroCloud
LINE NO. PART NO.
22 CU802-491
23 DCS803-4 91
24 F ID804-491
25 CU802-491
26 DCS803-4 91
27 FID804-491
28 CU802-491
29 DCS803-4 91
30 FID804-491
CONFIDENTIAL
PAGE 3 of4
GOVERNMENT- PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
11493 SUNSET HILLS ROAD I SUIE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I [email protected]
SUGGESTED OPTIONS
DESCRIPTION
YEAR 2
Common use passenger processing system, large scope
Including passenger processing sy stem monitoring
(PPSM). Updated 6113125 NASPO catalog updated
description: "standard scope, for every 30 PC in scope) Price adjusted to account for 60 PCs.
AeroCloud Systems Inc. - CU802
Departure control system, midmarket scope
Updated 6/13125 NASPO cata log updated description:
"Departure control system (commercial service, sub 7M
PAX scope)"
AeroCloud Systems Inc. - OCS803
Flight s chedule data
AeroCloud Systems Inc. - F10804
YEAR 2 SUBTOTAL:
YEAR3
Common use passenger processing system, large scope
Including passenger processing sy stem monitoring
(PPSM). Updated 6113125 NASPO catalog updated
description: "standard scope, for every 30 PC in scope) Price adjusted to account for 60 PCs.
AeroCloud Systems Inc. - CU802
Departure control system, midmarket scope
Updated 6/13125 NASPO cata log updated description:
"Departure control system (commercial service, sub 7M
PAX scope)"
AeroCloud Systems Inc. - OCS803
Flight s chedule data
AeroCloud Systems Inc. - F10804
YEAR 3 SUBTOTAL:
YEAR4
Common use passenger processing system, large scope
Including passenger processing sy stem monitoring
(PPSM). Updated 6113125 NASPO catalog updated
description: "standard scope, for every 30 PC in scope) Price adjusted to account for 60 PCs.
AeroCloud Systems Inc. - CU802
Departure control system, midmarket scope
Updated 6/13125 NASPO cata log updated description:
"Departure control system (commercial service, sub 7M
PAX scope)"
AeroCloud Systems Inc. - OCS803
Flight s chedule data
AeroCloud Systems Inc. - F10804
YEAR 4 SUBTOTAL:
QUOTE PRICE
$87,855.97 C OOP
SS,996.45 COOP
$19,200.00 C OOP
$87,855.97 C OOP
SS,996.45 COOP
$19,200.00 C OOP
$93,477 .43 C OOP
$10,634 .00 C OOP
$20,448.00 C OOP
carahsoft
QTY EXTENDED PRICE
$87,855.97
SS,996.45
$19 ,200.00
$ 1 17 ,052 .42
$87,855.97
SS,996.45
$19 ,200.00
$117,052.42
$93,477.43
$10 ,634.00
$20,448.00
$124,559.43
QUOTE DATE: 06/04/20 25
QUOTE NO: 44317081
4.13.2023
Item 1J - Page 19
~ AeroCloud
LINE NO. PART NO.
31 CU802-491
32 OCS803-49 1
33 Fl0804-49 1
*6,596 CPI included in years ,& & 5
GOVERNMENT- PRICE QUOTATION
CARAHSOFT TECHNOLOGY CORP
11493 SUNSET HILLS ROAD I SUIE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM I [email protected]
SUGGESTED OPTIONS
DESCRIPTION
YEARS
Common use passe nger process ing system, large scope
Including passe nger process ing system monito ring
(PPSM). Updated 6113125 NASPO catalog updated
description: "standard scope, for every 30 PC in scope) Price adjusted to account for 60 PCs.
AeroCloud Systems Inc. - CU802
Departure con trol system, midmarke t scope
Updated 6/13125 NASPO catalog updated description:
"Departure con trol system (comm ercial service, sub 7M PAX scope )"
AeroCloud Systems Inc. - OCS803
Flight schedule data
AeroCloud Systems Inc. - FI0804
YEAR 5 SUBTOTAL:
SUGGESTED OPTIONS SUBTOTAL:
QUOTE PRICE
$99,464.28 COOP
$10,634.00 COOP
$21,TT7.00 COOP
* In the event o f unresolves or recurri ng issues, A ero Clo ud to upgrad e up to 40 o f the 16GB machines to 32GB carahsoft
QTY EXTENDED PRICE
$99,464.28
$10,634.00
$21,777.00
$131,875.28
$490,539.55
4.13.2023
ATTACHMENT C
INSURANCE REQUIREMENTS
Item 1J - Page 20
4.13.2023
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellati on. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to co mmencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1, 000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
_________ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
X
Item 1J - Page 21
4.13.2023
4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City o f Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is prima ry and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___ " or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its electe d officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
Item 1J - Page 22
4.13.2023
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elec ted officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Item 1J - Page 23
4.13.2023
ATTACHMENT D
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Ru ssian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N -6-22 also requires that any contractor that: (1) currently has a co ntract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California gran t funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanc tions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Item 1J - Page 24
4.13.2023
ATTACHMENT E
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 2.8.2023
Item 1J - Page 25
4.13.2023
FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purp ose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1J - Page 26
4.13.2023
FAA - 02 Affirmative Action Requirement
Not applicable.
Item 1J - Page 27
4.13.2023
FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(A)
Item 1J - Page 28
4.13.2023
FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance t o FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as ha ngars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.
REQUIREMENT -
The Contractor certifies that all cons tructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additiv es that are or consist primarily of: non -ferrous metals; plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.
Reference: Title 49 USC § 50101
Item 1J - Page 29
4.13.2023
FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.
REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (includi ng limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.
This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Item 1J - Page 30
4.13.2023
FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.
REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non - discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100 -259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public a nd private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (4 9 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Perso ns with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.
Reg. 74087 (2005)];
Item 1J - Page 31
4.13.2023
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and g ender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscri mination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified b y the Contractor of the Contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports re quired by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contracto r will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procuremen ts of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as Item 1J - Page 32
4.13.2023
the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Reference: 49 USC § 47123, FAA Order 1400.11
Item 1J - Page 33
4.13.2023
FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.
REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applic able standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251 -1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251
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FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:
Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one -half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federally-assisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.
Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.
Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.
Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples i nclude the installation of property fencing or testing for environmental contamination
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Sta tes (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, includ ing watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours wit hout payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
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cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
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FAA – 09 Copeland Anti-Kickback
APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or publ ic works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.
Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).
Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defi ned in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.
Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must inclu de this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part
3. Contractor and subcontractors are prohibited from inducing, by any means, any p erson employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1J - Page 37
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FAA – 10 Davis Bacon Requirements
APPLICABILITY -
The Davis -Bacon Act (40 USC §§ 3141 -3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.
Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.
Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exc eed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,0 00, the PSA must incorporate this clause.
Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.
Fencing Projects – Fencing projects that exceed $2,000 must include this provision.
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the pro visions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be co nstructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be Item 1J - Page 38
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compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer’s payroll records accu rately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classi fication (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representa tives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers pe rforming work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable Item 1J - Page 39
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standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding. The Federal Aviation Administration or the CIty shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or ca use to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contracto r, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notic e to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic rec ords relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reason ably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing appren tices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information require d to be maintained under 29 CFR § 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH –347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
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of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, City, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been ma de either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 sha ll satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecuti on under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, the City, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR § 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than th e predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her Item 1J - Page 41
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first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not ind ividually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allo wable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Admini strator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State App renticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable progra m is approved.
(ii) Trainees. Except as provided in 29 CFR § 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has rec eived prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determinati on.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any emplo yee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classifica tion of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually pe rformed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
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(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tie r subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR § 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be sub ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR §
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR § 5.12(a)(1). (iii) The penalty for making false sta tements is prescribed in the U.S. Criminal Code, 18 USC § 1001.
Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141- 3144, 3146, and 3147
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FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non -procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.
REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
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FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from th e receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.
Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non -DBE firm, or with another DBE firm.
The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City. Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.
The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm. For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.
Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.
The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.
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In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.
Reference: 49 CFR part 26
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FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).
REQUIREMENT -
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While D riving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub - tier contracts exceeding $10,000 that involve driving a motor vehicle in perform ance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.
REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].
Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1J - Page 48
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FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.
The Drug -Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
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FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.
The equal opportunity contract clause applies to any contrac t or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.
Contract Types –
Construction – all construction contracts and subcontracts as required above.
Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equ ipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).
Professional Services – all professional service agreements as required above.
Property – all land acquisition projec ts that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.
REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure t hat applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: emp loyment, 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. The Contractor agrees to post in conspicuous place s, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discrim inate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such Item 1J - Page 50
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disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contrac ting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders , this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such o ther sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of pa ragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be bindin g upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the inte rests of the United States.
A16.3.2 EEO Specification
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.
Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
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(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contai ns the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply wit h its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the m inority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Prog rams office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the Item 1J - Page 52
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apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contr actor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the-street appl icant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred b ack to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notificat ion to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union r eferral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective barga ining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulle tin boards accessible to all employees at each location where construction work is performed.
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g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contr actor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that senio rity practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, which ass ist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Item 1J - Page 54
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Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of m inorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to a chieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandabl e and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
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15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.
All consultants, sub -consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.
Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.
REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The Contractor has full responsibility to monitor compliance to the refer enced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.
REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract , grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award.
For an award over $100,00, the bidder or offeror certifies by signing and s ubmitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an office r or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the enter ing into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
• The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orie ntation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.
Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub -tier purchase orders containing the Equal Employment Opportunity clause.
Construction – Construction work means constru ction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.
Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not ap ply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.
Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include the installation of noise monitoring equipment.
Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60 -1. Examples include demolition of structures or installation of boundary fencing.
REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainme nt areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of writt en or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and pur chase order that is subject to the Equal Employment Opportunity clause of this contract.
Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1J - Page 59
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FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontrac ts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.
REQUIREMENT -
All cont racts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized haza rds that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (2 9 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acq uired by the preceding fiscal year exceeded $10,000.
Construction and Equipment – all construction and equipment projects.
Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.
REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.
REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non -profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all sub-tier contracts involving experimental, developmental, or research work.
Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.
Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.
Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.
Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.
Land – This provision will not typically apply to a property/land project.
REQUIREMENT -
A23.3.1 Professional Service Agreements for Design
SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as es tablished by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the con clusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.
A23.3.2 Construction Contracts
SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.
Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1J - Page 65
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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors prov ide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foreg oing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possess ed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
Item 1J - Page 66
4.13.2023
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1J - Page 67
4.13.2023
FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Sect ion 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only appl ies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1J - Page 68
4.13.2023
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)
Item 1J - Page 69
ATTACHMENT B
PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1J - Page 70
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If ot
her than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Membe rs, Managers, Tru stees, O ther F iduciaries (please specify) Note: If any response is not a natural pe rson, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] Gener al Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Offic
er Director Member Manager
[name] General Partner Limited Partner
Other __________________________
Carahsoft Technology Corp
11493 Sunset Hills Rd Suite 100 Reston VA 20190
MD
Craig Abod
Robert Moore
Kristina Smith
i 7
-
I -
-
✓
-
v'
~
-
✓ -
✓
I
-
✓
I ___J
7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JA
NE 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/inv estor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [ percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest i n entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date 2/6/24
N/A
ATTACHMENT C
COMMON/SHARED USE LOCATION MAP
Item 1J - Page 73
AGUA
CALIENTE
CONCOURSE
TERMINAL
COURTYARD
BONO
CONCOURSE
Ramon Sanchez
2024-10-11 21:10:42
--------------------------------------------
.
24 PCs
16 PCs
12 PCs
Common Use Locations
Item 1J - Page 74
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
AUTHORIZE THE DISPLAY OF THE POW/MIA FLAG AT CERTAIN CITY FACILITIES ON THE FOLLOWING DAYS: ARMED FORCES DAY, MEMORIAL
DAY, FLAG DAY, INDEPENDENCE DAY, NATIONAL POW/MIA RECOGNITION
DAY, AND VETERANS DAY
RECOMMENDATION:
Authorize City staff to display the POW/MIA flag on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. Provide staff direction on whether the flag should be displayed at City Hall only or at all City facilities with a flagpole.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE DISPLAY OF THE POW/MIA FLAG AT CERTAIN CITY FACILITIES ON THE FOLLOWING DAYS: ARMED FORCES DAY,
MEMORIAL DAY, FLAG DAY, INDEPENDENCE DAY, NATIONAL
POW/MIA RECOGNITION DAY, AND VETERANS DAY
FROM: Scott C. Stiles, City Manager
BY: Teresa Gallavan, Assistant City Manager
SUMMARY:
This item provides the City Council the opportunity to authorize City staff to display the POW/MIA flag at certain City facilities on the following days: Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day.
RECOMMENDATION:
Authorize City staff to display the POW/MIA flag (Attachment A) on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. Provide staff direction on whether the flag should be displayed at City Hall only or at all City facilities with a flagpole.
BACKGROUND:
On May 28th Council gave direction to staff to provide a staff report to authorize the display of the POW/MIA flag in accordance with the flag display policy. The POW/MIA flag symbolizes the nation's commitment to accounting for American prisoners of war (POW) and those missing in action (MIA). The display of the POW/MIA flag at certain City facilities is a symbolic gesture that communicates respect, remembrance, and civic duty.
STAFF ANALYSIS:
Congress designated the third Friday of September as National POW/MIA Recognition Day and ordered prominent display of the POW/MIA flag on this day and several other national observances, including Armed Forces Day (May 17 th), Memorial Day (May 26 th
in 2025, with the date changing yearly as it aligns with the observed holiday), Flag Day Item 1K - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Authorize Display of a POW/MIA Flag
(June 14th), Independence Day (July 4th) and Veterans Day (November 11th).
The City of Palm Springs has historically displayed the United States Flag and the California State Flag at City Hall and other City facilities. In October of 2023, the City Council adopted a Flag Display Policy (Attachment B). Under the Policy, the City Council has the authority to authorize the display of commemorative flags at City facilities, as an expression of government speech.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council identified overarching principle of Social Equity.
FISCAL IMPACT:
There is little fiscal impact associated with this action.
REVIEWED BY:
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. POW/MIA Flag
B. Flag Display Policy
Item 1K - Page 2
ATTACHMENT A
Item 1K - Page 3
Item 1K - Page 4
ATT
ACHMENT B
Item 1K - Page 5
CITY OF PALM SPRINGS
FLAG DISPLAY POLICY
I. Purpose
A. The City of P
alm Springs (“City”) desires to establish clear guidelines regarding the following matters:
1. Th e outdo
or display of the United States flag, the California State flag, and the City of Palm Springs flag at City facilities or City-owned or maintained flagpoles; and
2. Th e outdo
or display of other commemorative flags at City Hall and at other City facilities, in the City Council’s sole discretion.
B. In ad opti
ng this Policy, the City Council desires to reflect the dignity of these flags flown on City flagpoles or displayed in front of City facilities, as well as the role of City Hall as an inclusive gathering location and local symbol of government and democracy.
C. In a dopt
ing this Policy, the City Council hereby declares that flagpoles owned or maintained by the City are not intended to serve as a forum for free expression by the public, but rather as a n on-public forum for the display of the United States, State of California, and City of Palm Springs flags, and any commemorative flag authorized by the City Council as an expression of the City Council’s official sentiments (i.e., government speech).
II. Policy
A. Confor
mance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1, California Government Code section 430 et seq., and this Policy.
1. Per Calif
ornia Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
2. Pe r California Gov ernment Code section 434.7, any Flag of the United States or Flag of Ca lifornia that the City purchases must be made in the United State s.
3. The United St ates Flag may only be flown at half-staff in accordance with the g uidelines set forth by the U.S. government.
Item 1K - Page 6
The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff or on order of the Governor of California.
B. City Facilities.
1. Flagpoles located at City-owned or maintained facilities may fly the following flags, in the manner described below: the United States flag, the California State flag, the City of Palm Springs flag, and any approved commemorative flag.
2. The City of Palm Springs flag shall fly at half-staff if either the United States or California flag is at half-staff. The Mayor may order the City flag to fly at half- staff upon the death of a current or former City Council Member or current City staff member or a historically significant member of the community.
C. Commemorative Flags.
1. As an expression of the City’s official government speech, the City Council may authorize the display of a commemorative flag to fly on flagpoles owned or maintained by the City at City facilities.
2. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the Palm Springs City Council, and a majority of City Council members agree to place the discussion to authorize such display on the agenda for a regular or special City Council meeting.
Requests to fly a commemorative flag by members of the public will not be considered.
3. At a noticed and agendized City Council meeting, a majority of Council Members must agree to display the commemorative flag.
4. Commemorative flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty (30) consecutive days.
5. Commemorative flags must be either purchased by the City or temporarily donated for the City’s use and must be clean, without holes and tears, and be made of an all-weather fabric. Commemorative flags must be the same size or smaller than the United States and California flags that are flown. The City will not be responsible for the condition of the commemorative flag once flown.
6. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff.
Item 1K - Page 7
7. A “commemorative flag” as defined in this Policy shall mean a flag that identifies with a specific historical event, cause, nation, or group of people that the City Council chooses to honor or commemorate consistent with the City’s mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council:
a. Flags of a particular religious movement or creed, to avoid the appearance of City government endorsing religion or a particular religious movement or creed;
b. Flags of a political party, to avoid the appearance of City government endorsing a political party; and
c. Flags advocating a certain outcome in an election.
III. Procedures
A. No other flag shall be placed above the United States flag and no other flag shall be larger than the United States flag. Other flags may be flown at the same height and in the same size, in accordance with this Policy. Where both the United State Flag and the California State flags are flown, they shall be of the same size.
B. Flags should be hoisted briskly and lowered ceremoniously. The United States flag should be hoisted first and lowered last.
C. Flags shall be displayed during operating hours on all days on which the City is open for business, and on National and State holidays. Flags may be displayed twenty-four (24) hours a day as long as they are illuminated during darkness.
D. Flags shall not be displayed during inclement weather, unless all-weather flags are used and are illuminated during darkness.
E. When flags are displayed on a single pole, the order from top to bottom shall be:
the United States flag, the California State flag, and, if displayed, the City of Palm Springs flag and any commemorative flag.
F. W hen the flags are flown from adjacent flagpoles, the United States flag shall be flown at the highest point of honor, which is the furthest point to the left from the standpoint of the observer ("the flag's right").
G. When a flag is displayed at half-staff, it shall first be hoisted to the peak for a moment and then lowered to half-staff position. Before being lowered at the end of the day or when taken down, the flags shall again be hoisted to the peak for a moment and then fully lowered.
Item 1K - Page 8
CITY COUNCIL STAFF REPORT
06/25/2025
SUBJECT:
APPROVAL OF AN AGREEMENT WITH ACTION PARK ALLIANCE, INC. FOR
OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK RECOMMENDATION:
Approve the Operation Agreement between City of Palm Springs and Action Park Alliance, Inc., subject to final City Manager and City Attorney approval, for operation of the Palm Springs Skate Park, Retail/Pro Shop and Concession for a term of three (3) years with two one (1) year extensions; and
1. Authorize the City Manager to execute all necessary documents. 2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: JUNE 25, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AN AGREEMENT WITH ACTION PARK ALLIANCE, INC.
FOR OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE
PARK
FROM: Scott C. Stiles, City Manager
BY: Nicholas S. Gonzalez, Director of Parks & Recreation
SUMMARY:
Approval of this action will allow the City to enter into a new agreement with Action Park Alliance, Inc. to operate the Palm Springs Skate Park, Retail/Pro Shop and Concession.
RECOMMENDATION:
1) Approve the Operation Agreement between City of Palm Springs and Action Park Alliance, Inc., subject to final City Manager and City Attorney approval, for operation of the Palm Springs Skate Park, Retail/Pro Shop and Concession for a term of three (3) years with two one (1) year extensions; and
2) Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Action Park Alliance, Inc. is a registered California corporation. The Public Integrity Disclosure is included as Attachment B.
BACKGROUND:
The Palm Springs Skate Park (“Skate Park”), originally opened in December 2003, consists of roughly 30,000 square feet of concrete skating surface, designed to challenge the skills of both in-line skaters and skate boarders alike. The Skate Park features three different skating bowls to challenge all levels of skaters who frequent the facility . In addition to the Skate Park, the City also owns the retail pro shop and concession building, which are all currently being operated under an agreement with Action Park Alliance, Inc. who has operated the Skate Park since 2012.
Item 1L - Page 1
City Council Staff Report
June 25, 2025 -- Page 2
Palm Springs Skate Park Agreement
Action Park Alliance, Inc. (“APA”), is an organization that operates skate parks through public-private partnerships with local communities. APA has been a long-time partner with the City of Palm Springs Department of Parks & Recreation, ensuring that they provide programming for youth development. APA provides a full calendar of lessons, camps, and clinics at the Skate Park and are encouraged to expand programming by hosting additional special events, including local contests and concerts.
STAFF ANALYSIS:
The Department of Parks & Recreation are satisfied with the operations and management of the Skate Park and have a strong relationship with APA and their on- site employees.
APA has demonstrated operating the Skate Park as a vital part of the park system and continually works to increase programming at the facility.
As part of this new Operation Agreement ( Attachment A), the Skate Park will continue to be monitored by APA staff 362 days per year, weather permitting. The new hours of operation for the Skate Park will be the following:
Season Monday – Friday Saturday – Sunday
May – October 1 PM – 10 PM 9 AM – 10 PM
November – April 12 PM – 9 PM 9 AM – 9 PM
The Skate Park will be closed on Christmas, Thanksgiving and Easter each year.
To help increase promotion and attraction of the Skate Park, APA will be responsible for increasing special events at the park. This includes a Summer Skate Camp, International BMX Day, Back to School BBQ, a Halloween event, standalone skate contest, and Holiday Skate Camps. Additionally, APA will host monthly recurring programs such as , but not limited to, an Adaptive Skateboarding Clinic, Beginner Skate Clinic, Girls Only Skate Clinic, Pro Skate Demos, and Video Premieres & Live Music Events.
APA will continue to maintain a concession and limited retail operation and retain the revenues from these sales, as well as the revenues from memberships, entry fees and special events. Residents will pay a $20 annual membership fee for unlimited skating and non-residents will pay a $30 annual membership fee for unlimited skating.
Due to APA’s continued success in operating a safe and well-maintained Skate Park, and their commitment to increased programming at the Skate Park, staff are recommending the City enter into this new Agreement with APA.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in Item 1L - Page 2
City Council Staff Report
June 25, 2025 -- Page 3
Palm Springs Skate Park Agreement
the environment, or a reasonably foreseeable indirect physical change in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority: Public Safety and Community Services – Provide services that support a high quality of life AND Infrastructure and Facilities – Provide for quality, well-maintained infrastructure and facilities.
FISCAL IMPACT:
The City’s Proposed General Fund Budget includes appropriations in the Department of Parks & Recreation Budget of $213,560 for Fiscal Year 2026-27 and $224,238 for Fiscal Year 2027-28 for contractual services related to the operations of the Palm Springs Skate Park. Year 3, as well as the two one- year extensions, are to be adjusted annually according to CPI-U Riverside County increases.
REVIEWED BY:
Director of Parks & Recreation: Nicholas S. Gonzalez
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Draft Operation Agreement between City of Palm Springs and Action Park Alliance, Inc.
B. Action Park Alliance, Inc. Public Integrity Disclosure
Item 1L - Page 3
ATTACHMENT A
Item 1L - Page 4
55575.18185\43872087.1
DRAFT SKATE PARK OPERATION AGREEMENT
OPERATION AGREEMENT
BETWEEN
CITY OF PALM SPRINGS AND
ACTION PARK ALLIANCE, INC., FOR
OPERATION OF PALM SPRINGS SKATE PARK
RETAIL/PRO SHOP AND CONCESSION
This Operation Agreement ("Agreement") is made and entered into this ___ day of _______, 2025, by and between the City of Palm Springs, a California Municipal Corporation ("City") and Action Park Alliance, Inc., a California Corporation ("APA"). City and APA are sometimes herein referred to individually as "Party" and collectively as the "Parties".
RECITALS
WHEREAS, the City is the owner of that certain real property located at 405 South Pavilion Way, which is more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"); and
WHEREAS, a portion of the Property is presently developed and operated as a skate park open to the public and commonly referred to as the Palm Springs Skate Park ("Skate Park"); and WHEREAS, the City desires to engage the services of APA for operation and management of the Palm Springs Skate Park, including a retail/pro- shop and concessions, subject to the terms and conditions set forth below; and
WHEREAS, APA desires to operate and manage the Palm Springs Skate Park; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained in the Agreement, the Parties agree as follows:
Term
a) Term. The term of this Agreement shall commence on the Effective Date and shall continue for a term of three (3) years with two one (1) year extensions, unless earlier terminated as provided herein ("Term").
2) Facilities
1.1 Skate Park. APA currently operates the Skate Park , which is an outdoor Skate Park consisting of approximately 30,000 square feet. The Skate Park shall be in a condition acceptable to APA on the date APA begins management operations pursuant to this Agreement. The Skate Park must meet or exceed all American Society for Testing and Materials ("ASTM") standards and guidelines. The Skate Park shall include adequate security and access controls including but not limited to sufficient fencing and video monitoring equipment to meet or exceed APA's requirements and guidelines. The Skate Park shall include marquee signage that is easily viewable from South Pavilion Way.
Item 1L - Page 5
55575.18185\43872087.1
DRAFT SKATE PARK OPERATION AGREEMENT
1.2 Retail/Pro-Shop and Concessions. The City shall a provide a pro-shop structure ("Pro-Shop") of at least 2,400 .square feet on the Property adjacent the Skate Park. The Pro Shop shall be for the purpose of conducting a back office operation for the Skate Park and a concession stand, including but not limited to required sinks, appliances, air vents, employee restrooms, and any other items required by any applicable law, code, ordinance, or regulations.
1.3 Public Restrooms. The City shall provide and maintain, including providing janitorial services, for public restrooms at the Skate Park that are completely separate from the employee restrooms provided in the Pro-Shop. The Skate Park, Pro-Shop and public restrooms are collectively referred to herein as the "Facilities".
1.4 Right of Acceptance. APA's obligations to operate and manage the Facilities are contingent upon APA's acceptance of the Facilities and shall not become operative until such acceptance is communicated to the City. In the event that the Facilities, or any part thereof, do not meet with APA's approval, APA shall have the right to suggest improvements in writing to the City and shall advise the City whether the suggested improvements are required to comply with ASTM standards or applicable legal obligations. The City, within five (5) business days of receipt of the suggested improvements, shall notify APA whether it intends to make the suggested improvements. In the event that the City does not agree to make one or more improvements, APA shall have the right to terminate the Agreement upon written notice as provided in this Agreement. If APA does not provide such notice of termination within five (5) business days of City's determination, APA shall be deemed to have accepted the Facilities, and all of APA's obligations under this Agreement shall become immediately operative.
2. Operating and Management Agreement
2.1 Operating Agreement.
2.1.1 This Agreement is for the operations, management, maintenance and supervision of the Facilities. No land, property, building, structure, improvements, equipment space of fixture is leased to APA, and APA is not a lessee. APA has the right to operate the Fa cility, including the right to operate concession, charge entry fees, provide lessons, promote events and take other discretionary actions within the scope of this Agreement. The City hereby grants APA a license to conduct the activities that, in APA's reasoned judgment, are reasonably necessary to perform APA's obligations hereunder, and that license shall continue in effect throughout the term of this Agreement.
2.1.2 APA is an independent contractor, and not an employee of City. No employee or agent of APA shall be considered an employee of the City. APA shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of any services under this Agreement and as required by law. APA shall be responsible for all reports and obligations Item 1L - Page 6
55575.18185\43872087.1
DRAFT SKATE PARK OPERATION AGREEMENT
respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.
2.2 Operator General Obligations. In addition to any other obligations set forth in this Agreement, APA shall be responsible for the following:
(a) APA shall monitor the Facilities and operate the Skate Park in accordance with all rules, regulations and ordinances of the City. (b) APA shall take reasonable measures to create and maintain an orderly and safe environment at the Facilities, and shall provide a structured, supervised program at the Skate Park seven (7) days a week, with the exception of holidays, as further detailed and defined in Exhibit "B", attached hereto and incorporated herein by reference.
(c) APA shall regulate the registration and entry of all persons to the Skate Park excepting those persons acting on APA's or the City's behalf. (d) APA shall require and shall monitor, regulate and ensure the use of helmets, skate pads and skate gear in accordance with all City rules and regulations.
(e) APA shall provide no less than two (2) trained staff members at the Facilities to monitor and regulate all skate activity at the Skate Park during all operating hours.
(f) APA shall provide all of the special events/services and program activities as described in the attached exhibits.
(g) APA shall provide the City with park usage reports on a monthly basis. (h) APA shall pay all expenses related to the operation of the Facilities in accordance with the provisions of this Agreement.
(i) APA shall engage in such advertising, solicitation and promotional activities as APA deems necessary or appropriate to advertise the services and programs provided by APA at the Facilities.
2.3 No Partnership/Joint Venture. APA and the City acknowledge that neither is the other's agent, partner or fiduciary and that this Agreement was drafted at arm's length and shall be performed as a matter of arm's length contract and not as a joint venture, partnership or other arrangement that might give rise to fiduciary or other extra-contractual duties or obligations not stated herein.
Fees.
Item 1L - Page 7
55575.18185\43872087.1
DRAFT SKATE PARK OPERATION AGREEMENT
2.4 Management Fee. The City shall compensate APA per year in four equal quarterly payments under this Agreement as follows:
2.4.1 Year 1: (2025-2026) $213,560
Year 2: (2026-2027) $224,238
Year 3: (2027-2028) CPI-U Increase, Riverside County
One-Year Extension: (2028-2029) CPI-U Increase, Riverside County One-Year Extension: (2029-2030) CPI-U Increase, Riverside County *CPI-U is the Consumer Price Index for, All Items, for the Riverside/San Bernardino/Ontario Metropolitan Statistical Area for the Year ending in December.
Payments shall be invoiced thirty (30) days prior to each quarter, and the City shall have thirty (30) days following its receipt of an invoice from APA to pay. Notwithstanding the foregoing, following the first quarter's payment, the City shall not be required to make a payment to APA until the City is in receipt of APA's quarterly financial report, as described herein, for the prior quarter.
2.4.2 First Payment. Upon execution of this Agreement, the City shall pay APA the first quarter's payment.
2.4.3 In the event that the City desires increased insurance coverage, the Management Fee shall be increased as negotiated; failure to agree on an increase shall relieve APA of any duty to adjust the required insurance:
Operations, Utilities, Permits and Taxes.
2.5 Utilities. APA shall pay and be liable for utility charges related to the operation of the Pro Shop, including telephone, internet and electrical charges. The City shall be solely responsible and liable for all other utilities related to the operation of the Skate Park, including interior and exterior lighting for the Facilities.
2.6 Taxes.
2.6.1 The City is solely liable for the property taxes and special assessment taxes for the Facilities.
2.6.2 APA shall collect and pay applicable sales taxes on sales of non-exempt items in the Pro -Shop. APA shall be responsible for applicable personal business property taxes for owned personal property held within the Pro-Shop (including inventory). APA shall pay all employment taxes directly arising out of its operation of the Facilities.
Item 1L - Page 8
55575.18185\43872087.1
DRAFT SKATE PARK OPERATION AGREEMENT
2.7 Employee Training. APA shall provide its employees an orientation regarding operation of the Facilities, including a review of all applicable regulations, policies, procedures and safety measures. The City may, in its discretion, provide an orientation on its policies and procedures for APA's employees, or may provide APA information reasonably sufficient to enable APA to conduct an orientation on the City's policies and procedures. All employees providing supervision or training at the Skate Park shall be experienced in providing such services, and shall have appropriate training in first aid, CPR, and other safety skills.
2.8 Photography. With the City's prior consent, which shall not be unreasonably withheld, APA shall have the right to grant authorization to persons or corporations associated with APA to engage in production of still and motion pictures and related activities for the use of the Skate Park. APA shall, as a condition of any authorization for filming at the Facilities, require reimbursement to the City for any out-of-pocket costs incurred directly from such filming activity. No person shall be filmed or photographed without his or her prior written consent. In the case of minors, the written consent of a parent or guardian shall be required.
2.9 Permits. APA shall at all times maintain the proper City and County Health Department permits and inspections rating required for its food and beverage sales.
APA shall procure a business license from the City prior to beginning operations of the Facilities, and shall maintain a valid license at all times throughout the duration of this Agreement. The City shall cooperate in expediting any and all permits. The City shall provide all other permits, licenses, and permissions required by law or that APA deems necessary to perform the Agreement.
2.10 Inventory. APA shall maintain an inventory at the Pro- Shop of necessity and replacement items, including wheels, trucks, skateboard decks and so forth, at the Pro- Shop. APA shall also maintain a fully-stocked concession operation including fountain drinks, water and snack food at the Pro-Shop.
3. Reporting, Books and Records.
3.1 APA to Provide Reporting. Upon written request, with no fewer than 21 days notice and no more than once per year, unless otherwise required by law, APA, at its sole discretion, shall make available for inspection or provide copies of its books and records to the City. Notwithstanding the foregoing, APA shall maintain the following records and make records available to the City upon request:
3.1.1 APA shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.
3.1.2 APA shall keep detailed injury reports, maintenance reports, liability waivers, and incident reports, both electronically and in hard copy. APA shall complete and submit any required annual reporting and documentation to the State of California to comply with recreational immunity provisions. The City Item 1L - Page 9
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shall provide APA with all information in its possession or control that may assist APA in complying with this requirement. The City shall cooperate fully with APA to provide this information.
3.1.3 APA shall provide quarterly and annual financial reports to the City as soon as is practicable after closing of APA's books for such quarter or year.
3.1.4 APA shall maintain all records described in the Section 6 for a period according to APA's then existing document retention policy in effect at the time of expiration or termination of this Agreement.
Maintenance and Repairs.
3.2 Skate Park. APA shall conduct daily park inspections and report any material maintenance issues to the City for further action. The City shall be responsible for all material repairs and all structural and warranty work. APA shall be responsible for minor maintenance such as painting, trash and minor graffiti removal.
3.3 Pro-Shop. The City shall be responsible for maintenance of the exterior of the Pro-Shop building, including major appliances such as HVAC and electrical related items. APA will maintain the interior of the Pro -Shop building, including all fixtures provided, and will be liable for any repair of such that costs less than five hundred dollars ($500). APA shall also, be responsible for coordinating the service and maintenance of all warranty related repairs to any appliances or parts of the building as well as coordinating and facilitating any required documentation.
3.4 Appearance. APA shall maintain at all times in a clean and orderly condition and appearance, the Pro- Shop, and areas adjacent to the Pro- Shop. APA shall be responsible for ensuring all trash is placed in the trash receptacles. The City shall be responsible for collection of trash from the trash receptacles and shall arrange for collection to occur as frequently as is necessary to maintain the Facilities in clean and working order.
3.5 Review. APA's on -site manager shall meet at least quarterly, and more frequently if necessary, with the City to review the condition of the facilities.
4. Hours of Operation; Staffing.
4.1 Unless otherwise agreed to in writing by the City, and except for closures, interruptions or delaying resulting from inclement weather, natural disasters, fires, water shortage, riot, war, the negligence or fault of the City, or its employees, agents or contractors, or other events or circumstances beyond APA's control, APA shall keep the Skate Park and Pro-Shop open pursuant to the schedule provided in Exhibit "B".
APA shall not change the operating schedule without the prior approval of the City, which shall not be unreasonably withheld. APA shall maintain staffing levels within the parameters set forth in Exhibit "B".
5. Pricing.
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Skate Park pricing levels shall be set forth in Exhibit "B". APA shall not change pricing levels without the prior written approval of the City, which shall not be unreasonably withheld. APA shall have the right to set all prices charged to customers of the Pro- Shop. APA shall not increase prices in the Pro -Shop without first giving the City ten (10) days' written notice of such increases, but such increases shall not require the approval of the City.
6. Assignment.
This Operating Agreement is in the nature of a personal services contract not subject to assumption or assignment under 11 U.S.C. Section 365. APA shall not assign or sublease any of its interest under this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed.
7. Advertising; Special Events.
7.1 The City shall include APA in any promotional materials produced by the Department of Parks & Recreation.
7.2 APA shall install on the Property, subject to any applicable sign ordinance, signs identifying its business. APA shall have the right to conduct special events, which may incorporate activities that, in APA's reasonable judgment, relate to the mission and purpose of the Skate Park. During such special events APA may display signage of their sponsors or the event sponsors.
8. Termination.
8.1 City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to APA. Where termination is due to the fault of APA and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be much shorter time as may be determined by the City. Upon receipt of the notice of termination, APA shall immediately cease all services except such as may be specifically approved by the City.
8.2 APA shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the City after such notice.
8.3 APA may terminate this Agreement at any time that it is not in default in its obligations by giving the City thirty (30) days written notice after the occurrence of any of the following events:
8.3.1 The failure of the City to materially perform any of its obligations under this Agreement, if the City fails to cure its default within said 30 -day notice period; or if a cure is not reasonably possible within 30 days and such default has not been caused by the City's gross negligence or intentional misconduct, Item 1L - Page 11
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the failure of the City to initiate necessary action to cure the default and to diligently proceed with such action until the default is cured.
8.3.2 Issuance by a court of competent jurisdiction of an injunction in any way preventing or restraining APA's use of any substantial portion of the Facilities and the remaining in force of such injunction for a period of 30 consecutive days.
8.3.3 The inability of APA to use any substantial portion of the Facilities for a period of 30 consecutive days, due to enactment or enforcement of any law or regulation or because of fire, earthquake or similar casualty, or Acts of God or the public enemy.
8.3.4 The material breach of any of the City's representations and warranties set forth in the Agreement.
Representations and Warranties. The City hereby warrants and represents (with the understanding that APA is relying on said warranties and representations) that:
8.4 The transactions contemplated by this Agreement and the execution and delivery of all documents required herein and their performance hereunder have been duly authorized. The execution and delivery of this Agreement and any other document required herein and the consummation of the transactions contemplated hereby and thereby will not result in any violations of or default under any term or provision of any agreement, instrument, mortgage, loan or similar documents to which the City is a party or by which it is bound.
8.5 There is no existing, pending or anticipated condemnation or similar proceeding against or involving the Property.
8.6 The City has not entered into any leases, options, contracts or rights of first refusal, recorded or unrecorded, affecting the Pro- Shop building which have not been disclosed to APA.
8.7 The individuals executing this Agreement on behalf of the City are authorized and empowered to enter into this Agreement.
8.8 The City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment.
8.9 No work has been performed or is in progress at or on the Pro- Shop and no materials have been furnished to the Property which might give rise to mechanic's, materialman's or other liens against the or any portion thereof Indemnification.
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To the fullest extent permitted by law, APA shall defend (at APA's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (APA's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by APA, its officers, employees, representatives, and agents, that arise out of or relate to APA's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit APA's indemnification obligation or other liability under this Agreement. APA's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.
Insurance.
APA shall procure and maintain insurance as provided for in Exhibit "C", attached hereto and incorporated herein by reference..
Risk Management.
APA shall require all participants to sign a liability waiver releasing APA and the City of liability. All participants under age 18 must have a parent or guardian, with valid identification, execute the release prior to use of the Skate Park . The City shall have the right to approve the final wording of the release. APA shall require all participants to use safety gear at all times, as provided above.
Surrender of Possession.
Upon the expiration or termination of this Agreement, APA's right to occupy the Facilities and exercise the privileges and rights herein granted shall cease, and APA shall surrender the same, and leave the building in good condition, normal wear and tear excepted. Unless otherwise provided herein, all trade fixtures, equipment and other personal property installed or placed by APA in the Pro-Shop building shall remain the property of APA, and APA shall have the right at any time during the term of this Agreement, and for additional period of twenty (2) days after its expiration, to remove the same from the Property; provided that APA is not in default of any of its obligations hereunder and the APA repairs at its sole cost any damage caused by such removal.
Any property not removed by APA within said 20-day period shall become part of the Property and ownership thereto shall vest in the City.
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Notice.
All notices required or permitted to be given under this Agreement may be personally delivered or mailed by certified mail, return receipt requested, postage prepaid, to the following address:
City: City of Palm Springs
City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
APA: Action Park Alliance
Kirsten Denver, CEO
6824 S. Centinela Avenue
Los Angeles, CA 90230
Any notice given by certified mail shall be deemed to be received on the next business day after the date of mailing. Either party may designate in writing a different address for notice purposes pursuant to this Section.
Severability.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties.
9. Compliance with Laws.
APA shall at all times comply with all federal, state and local laws, rules and regulations which are applicable to its operations on the Property, including all laws, rules and regulations adopted after the Effective Date.
10. Covenant Against Discrimination.
In connection with its performance under this Agreement, APA 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"). APA shall ensure that applicants employed, and the employees are treated during their employment, without regard to any prohibited basis. APA's actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any APA activity, including but not limited to the following employment, upgrading, demotion or Item 1L - Page 14
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transfer; recruitment or recruitment advertising; layoff or termination; provision of benefits, rates of pay or other forms of compensation; and selection for training, including apprenticeship. APA shall fully comply with the provisions of Palm Springs Municipal Code Section 7.09.040 relating to non-discrimination in city contracting.
California Law.
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and APA covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
Interpretation.
This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, wi thout limitations, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agree ment are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
Waiver.
No delay or omission in the exercise of any rights or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of APA. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Arbitration.
Any dispute, claim or controversy arising out of or relating to this Agreement or breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope of applicability of this agreement to arbitrate, shall be Item 1L - Page 15
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deemed by arbitration in Los Angeles, California, before one arbitrator, who shall be a retired judge. At the option of the first to commence an arbitration shall be administered either by the American Arbitration Association (AAA) pursuant to its Commercial Rules or by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the Award, allocate costs, reasonable attorney's fees, expert -witness fees, other litigation fees and expenses including costs of arbitration to the prevailing party in accordance with the Attorney's Fees provision, below.
Attorney's Fees.
In the event of any action, suit, arbitration, or other proceeding of any nature is brought in connection with the payment terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert -witness fees, other litigation costs and fees (e.g., deposition costs, trial preparation costs, etc.), and other costs and expenses of suit.
Non-Liability of City Officers and Employees.
No officer or employees of City shall be personally liable to APA, or any successor -in-interest, in the event of any default or breach by City or for any amount .
which may become due to APA or its successor, or for breach of any obligations of the terms of this Agreement.
Integrated Agreement.
This Agreement contains all of the agreements of the parties and supersedes all other written agreements.
Amendment.
No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.
Successors in Interest.
This Agreement shall be binding upon and inure to the benefit of the Parities' successors and assignees.
Recitals.
The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
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Authority.
The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
Future Acts and Cooperation.
The City recognizes and acknowledges that APA will require the assistance and cooperation of the City in order to properly perform and fulfill APA's covenants and obligations under this Agreement including the execution of certain documents. The City agrees is shall designate a specific officer or agent having appropriate experience and authority whose responsibility it is to work with APA in assuring that APA obtains the cooperation and assistance of the City, subject to the terms of this Agreement and all applicable laws.
IN WITNESS WHEREOF, the Parties have executed this. Agreement as of the dates stated below.
CITY OF PALM SPRINGS
Dated: By:
Scott Stiles
City Manager
APPROVED AS TO FORM: ATTEST:
By: By:
Best Best & Krieger Brenda Pree, MMC, CERA
City Attorney City Clerk
ACTION PARK ALLIANCE, INC.
Dated: By:
Printed Name:
Title:
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EXHIBIT A
The Skate Park is approximately 30,000 s.f. and is located in Sunrise Park next to the Palm Springs Swim Center.
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EXHIBIT B
Hours of Operation; Pricing; Staffing
Hours of Operation
Season Monday – Friday Saturday – Sunday
May – October 1 PM – 10 PM 9 AM – 10 PM
November – April 12 PM – 9 PM 9 AM – 9 PM
The Skate Park will be closed on Christmas, Thanksgiving and Easter each year.
Pricing
Annual Membership
• Residents: $20 with unlimited skating
• Non-Residents: $30 with unlimited skating
Entry Fees with No Membership
• Residents: $2 per day
• Non-Residents: $3 per day
Programming
Estimated Schedule of Events:
• Camps – 6 five-day camps per year, maximum 30 campers per session • Lessons – 1 lesson per week
• Contests – 8 contests per year, 75 maximum entrants per contest • Concerts – 2 concerts per year
Proposed Calendar of Events:
• Summer Skate Camp
• International BMX Day
• Back to School BBQ
• Goofy vs. Regular Skate Contest
• Night of the Living Shred (Halloween Event)
• PSP AM Slam – Standalone Skate Contest
• Holiday Skate Camps
Additional Monthly Recurring Programs:
• Adaptive Skateboarding Clinic
• Beginner Skate Clinic
• Girls Only Skate Clinic
• Pro Skate Demos
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• Video Premieres & Live Music Events
Staffing
APA shall provide no less than two (2) trained staff members at the Skate Park to monitor and regulate all skate activity at the Skate Park during all operating hours. At least one (1) management level staff member shall be present during all operating hours.
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EXHIBIT C
CITY INSURANCE REQUIREMENTS
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellat ion.
Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services.
The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
2.1 Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2.2 Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
2.3 Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ____x_____ is not required;
2.4 Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1L - Page 21
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contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent with the following endorsements stated on the certificate:
6.1 "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
6.2 "This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
6.3 "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
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6.4 Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
6.5 In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences.
6.6 All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self - insured retention under the policy. Contractor guarantees payment of all deductibles and self- insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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ATTACHMENT B
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)