Cities Index.
Agenda packet

Palm Springs City Council
September 10, 2025

Document
Agenda packet
Meeting
September 10, 2025
Body
Palm Springs City Council
Pages
64
Original file
84.6 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

November 8, 2023
the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 5. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 6. Time Limit on Approval. Approval of the Tentative Tract Map (TTM38722) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Extensions of time may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the original approval.

ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded.

ADM 8. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. The Mitigation Monitoring Program from Case No 5.0666-B, The Palm Springs Classic, shall be incorporated into these Conditions of Approval by Reference.

ENV 2. Mitigation Monitoring. All the mitigation measures of the environmental assessment contained in the original Escena project TTM 32233 and the adopted Mitigated Negative Declaration's (MNO) mitigation measures of July Item 1M - Page 42
Tentative Tract Map 38722
Final Conditions of Approval

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November 8, 2023
16, 2003, for the Escena project shall apply to this project. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR and (MND) will be included in the plans prior to Planning Commission consideration of the environmental assessment.

Mitigation measures are defined in the approved project description.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section

93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted.

PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building pennit.

Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances.

PLN 3. Submittal of Final Development Plans. Final Development Plans of residential units including landscape plans of all common areas, wall design and floor plans of individual units shall be submitted to the Planning Department for Planning Commission final approval.

PLN 4. Original Escena Conditions: All the original conditions of Approval for the Escena project shall be applicable to the proposed Tentative Tract Map 38722 (TTM 38722).

Item 1M - Page 43
Tentative Tract Map 38722
Final Condllions of Approval
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November 8, 2023

ENGINEERING DEPARTMENT
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approvat

STREETS
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Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. AH improvements are subject to inspection and a 48-hour inspection notification is required.

Applicant shall obtain State permits and approval of plans for any work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any grading or building permits if there is any work being done in the public right-of-way on State Highway 111.

Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits.

Asphalt concrete paving for streets prior to completion of on-site construction activities, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to:
removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. All lifts of asphalt concrete pavement are to be completed simultaneously.

Postponement of a final lift of asphalt concrete pavement will not be allowed unless prior authorization has been obtained from the City Engineer.

GENE AUTRY TRAIL
ENGS. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

ON-SITE PRIVATE STREETS
ENG6. The on-site layout of private streets is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments may be required during review and approval of construction plans for on­ site improvements, as required by the City Engineer. Approval of the Item 1M - Page 44
Tentative Tract Map 38722
Final Conditlons of Approval

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preliminary site plan does not constitute approval of the on-site layout of streets as proposed.

All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. Construct all cul-de-sacs with a cul-de-sac bulb that has a minimum curb radius of 43 feet throughout the bulb, unless otherwise approved by the Fire Marshall to not have cul-de-sac bulbs.

Dedicate an easement from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets.

Construct a minimum pavement section of 2-1/2 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all on-site private streets in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

All on-site private streets shall be two-way with a minimum 28 feet wide travelway (as measured from curb face to curb face) provided that rolled or wedge curb is provided such that vehicles may park partially out of the traveled way, in accordance with applicable City of Palm Springs Standard Drawings No. 202/202A and 302.

SANITARY SEWER
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All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes.

Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits.

Construct an 8 inch V.C.P. sewer main within all on-site streets and connect to the existing public sewer system in Grandview Street.

All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded (Developer shall contact City treatment plant facility for acceptable digital video format) and submitted to the City for review prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be Item 1M - Page 45
Tentalrve Tract Map 38722
Final Condttions of Approval

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November 8. 2023
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GRADING
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removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

Upon completion of the construction of public sewer lines, an as-built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans.

Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval.

If the overall project grading volumes are less than 50 cubic yards and the project does not involve a hillside lot as defined by City of Palm Springs Zoning Code 93.13.00, then the plan does not need to be prepared by a licensed professional unless determined otherwise by the City Engineer.

The plan shall be approved by the City Engineer prior to grading permit issuance.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM1 O" Dust Control issues, please contact AQMD at (909) 396-3752, or at httpJ/www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

Item 1M - Page 46
Tentalive Tract Map 38722
Final Conditions of Approval

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November 8. 2023
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Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist (a copy of the written approval must be provided to the City). The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI­ [email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit and immediately prior to commencement of grading operations.

Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.

A Notice of Intent (NOi) to comply with the latest California General Construction Stormwater Permit (currently Water Quality Order 2009- 0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WOID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

Item 1M - Page 47
Tentative Traci Map 38722
Final Conditions of App<oval
November 8 2023

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This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.

In accordance with City of Palm Springs Municipal Code, Section 8.50.022 {h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. (if required) The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. Prior to issuance of Building Permits.

The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits.

In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (Revised -RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture Item 1M - Page 48
Tentative Tract Map 38722
Final Conditions of Approval

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November 8, 2023
office is located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760) 782-3271, (562) 505-6415), [email protected].

WATER QUALITY MANAGEMENT PLAN
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DRAINAGE
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This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required.

A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan.

Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project­ Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.

All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed Item 1M - Page 49
Tentative Tract Map 38722
Final Conditions of Approval

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November 8. 2023
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GENERAL
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development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NP0ES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BM P's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development.

The project is subject to flood control and drainage implementation fees.

The acreage drainage fee at the present time is $4,898.47 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on­ site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project.

Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall Item 1M - Page 50
Tentative Tract Map 38722
Final Conditioos or Approval

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November 8. 2023
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MAP
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be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115.

All proposed utility lines shall be installed underground.

All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy.

Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

All proposed trees within the public right-of-way and within 1 O feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).

The LDMF shall be paid prior to issuance of Building Permit.

A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

Item 1M - Page 51
Tentalive Tract Map 38722
Final Conditions of Approval

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TRAFFIC
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Upon approval of a final map, the final map shall be provided to the City in G.1.$. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name.

G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file, DWG (AutoCAD drawing filetype), DGN (Microstation drawing filetype), DXF (AutoCAD ASCII drawing exchange filetype), and PDF (Adobe Acrobat document filetype) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

Dedicate abutters rights of access on the final map along the entire frontage of the proposed residential lots fronting Grandview Street and Escena Way; vehicular access to Grandview Street and Escena Way shall be prohibited for these lots.

Dedicate and/or reserve on the final map a private storm drain easement within the proposed open space Lot "B", as necessary to facilitate operation and maintenance of the existing private storm drain system to be maintained by a Homeowner's Association.

Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete.

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), Item 1M - Page 52
Tentative Tract Map 38722
Final Conditions of A119ro11a1

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dated November 7, 2014, or subsequent editions in force at the time of construction.

This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

ENO OF CONDITIONS
Attachment E
Item 1M - Page 53
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNI A, APPROVING TRACT MAP
38722 AND AN ASSOCIATED SUBDIVISION

IMPROVEMENT AGREEMENT WITH RLS (ESCENA), LLC,

A DELAWARE LIMITED LI ABILITY COMPANY, FOR
PROPERTY LOCATED ON LOT 46 OF THE ESCENA
DEVELOPMENT, IN SECTION 7, TOWNSHIP 4 SOUTH,
RANGE 5 EAST.

WHEREAS, the Planning Commission of the Cit y of Palm Springs, at its meeting of November 8, 2023, recommended conditional approval of Tentative Tract Map 38722, subject to conditions; and

WHEREAS, the Subdivider has filed with the City a final map for Phase 2 of Tentative Tract Map 38722, identified as Tract Map 38722, in accordance with Section 66458 of the California Government Code; and

WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs on behalf of the public, easements over lots “A ” through “F”, inclusive, shown as “PRIVATE STREET”(s), offered for public utility and sanitary purposes, together with the right of ingress and egress fo r service and emergency vehicles and personnel; also the abutters right of access along Grandview Street; the easements shown as “10’ PUE”, along and adjacent to lots “A” through “F”, inclusive, shown as “PRIVATE STREET”(s), offered for public utility and sanitary purposes; and

WHEREAS, required Works of Improv ements have not been completed by the Subdivider as of the filing of Tract Map 38722, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code.

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

SECTION 1. Tract Map 38722 is in subst antial conformance with the approved Tentative Tract Map 38722.

SECTION 2. Tract Map 38722 is in conformance with the General Plan

SECTION 3. Tract Map 38722 conforms to all requirements of the Subdivision Map Act of the State of California.

SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers on behalf of the public, easements over lots “A” through “F”, inclusive, shown as “PRIVATE STREET”(s), offered for Item 1M - Page 54
Resolution No. _____

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public utility and sanitary purposes, together with the right of ingress and egress for service and emergency vehicles and personnel; also the abutters right of access along Grandview Street; the easements shown as “10’ PUE”, along and adja cent to lots “A” through “F”, inclusive, shown as “PRIVATE STREET”(s), offered for public utility and sanitary purposes to the public on Tract Map 38722 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof.

SECTION 5. The City Council hereby ap proves a Subdivision Improvement Agreement for Tract Map 38722 wit h the Subdivider and accepts subdivision improvement securi ties in conformance with the requirements therein for public improvements.

SECTION 6. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider

SECTION 7. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder.

SECTION 8. Tract Map 38722 is hereby approved for purposes therein defined.

ADOPTED THIS 10TH DAY OF SEPTEMBER, 2025.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS

ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1M - Page 55
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1M - Page 56

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: RATIFY EMERGENCY REPAIRS AT SUNRISE PLAZA FOLLOWING

POWER OUTAGE

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This item requests City Council ratification of emergency electrical repairs at Sunrise Plaza, authorized under the City Manager’s emergency procurement authority, in the amount of $321,345.39.

RECOMMENDATION:

1) Ratify emergency electrical repairs for Sunrise Plaza in the amount of $321,345.39.

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

BUSINESS PRINCIPAL DISCLOSURE:

All vendors that provided services in response to this emergency have provided public integrity disclosure forms and are included as (Attachment A).

BACKGROUND:

On July 5, 2025, a major power outage occurred at Sunrise P laza, affecting multiple buildings including the Library, Pavilion, Leisure Center, Swim Center, and Stadium. The outage resulted from electrical equipment failure, leaving these facilities without power and inoperable.

Due to the critical nature of the park’s operations, including scheduled community programming and public safety considerations, immediate action was required.

Public Works was notified of the outage and responded to determine the cause and what facilities were affected. Public Works coordinated with Southern California Edison along Item 1N - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Ratify Emergency Repairs at Sunrise Plaza Following Power Outage

with licensed electrical contractors to perform necessary troubleshooting, repairs, and equipment replacement.

To resume facility operations as quickly as possible, the City Manager authorized this repair work under his emergency authority, as outlined in Palm Springs Municipal Code

7.03.09 Special Procurement Methods, Section 4 “Emergency Procurement”.

Temporary power solutions were implemented to maintain services during the outage and repair period. Generators were wired directly to each individual building to allow facility operations to resume during repairs.

It was determined that the high voltage breaker located in the Main Control Unit near the Stadium failed. This also caused a power surge that damaged other downstream circuits and equipment throughout the park.

Following this work, each individual downstream circuit was tested, and repairs were made where necessary. As a particular facility was completed that facility was brought back online with Edison power and the generator removed.

The duration for the repairs was approximately 3 weeks, which included night and weekend work.

STAFF ANALYSIS:

The City Manager exercised his emergency procurement authority to prevent prolonged closure of public facilities, mitigate safety risks, and avoid additional costs from extended disruption.

Therefore, staff-initiated repairs, pursuant to the provisions of the Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods”, Section 4 , “ Emergency Procurement”. This section allows the City Manager to authorize the acqui sition of supplies or services without applying the provisions of Title 7 during an emergency. An Emergency is defined as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

As the work has now been completed, the City Manager is required to provide Council a report for ratification at the next available meeting.

This requested ratification includes the purchase of parts from multiple vendors and utilizing the services of multiple contractors including:

Service vendors:
• GA Technical Services, Inc.
• Allison Mechanical Inc.

Item 1N - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
Ratify Emergency Repairs at Sunrise Plaza Following Power Outage

• Desert Fire Extinguisher Co., Inc.
• Fire Protection Service Corporation
• Quinn Company
• SC Commercial LLC
Purchase vendors:
• Allied Refrigeration Inc.
• Desert Electric Supply
• Lowes
• Builders Fence Company, Inc.

Staff recommends ratification of this repair work in the amount of $321,345.39.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City Council strategic plan to provide quality, well maintained infrastructure and facilities.

FISCAL IMPACT:

Sufficient funds are available in Measure J Deferred Maintenance Contingency account:
2603205-50119.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Forms

Item 1N - Page 3

ATTACHMENT A
Item 1N - Page 4
Item 1N - Page 5
Item 1N - Page 6

ATTACHMENT B
Item 1N - Page 7
Item 1N - Page 8
Item 1N - Page 9

ATTACHMENT C
Item 1N - Page 10
Item 1N - Page 11
Item 1N - Page 12

ATTACHMENT D
Item 1N - Page 13

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 05/16/19)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?

You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?

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

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY

What if I Have Questions?

If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

Item 1N - Page 14

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

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

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

Item 1N - Page 15

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

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

Item 1N - Page 16

ATTACHMENT E
Item 1N - Page 17

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)
(Revised 05/16/19)

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

Who Must File?

Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?

The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?

You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?

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

Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.

B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

NOTE: USE ADDITIONAL PAGES AS NECESSARY

What if I Have Questions?

If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

Item 1N - Page 18

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

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

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

SC Commercial, LLC
1800 W. Katella Avenue, Suite 400, Orange, CA 92867
Deleware
✔
■
Gary Hoogeveen
■
Jesús Guerra
■
Edward Wondergem
■
Docusign Envelope ID: 00E29477-FFE4-466A-AF52-1BE452DC6FE9 Item 1N - Page 19

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

Continued:

Ted Brennan – Officer
Sherry Thomas – Officer
Kenneth R. Jones – Officer
Amberly Sheppard – Officer

Item 1N - Page 20

ATTACHMENT F ATTACHMENT
Item 1N - Page 21
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________

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

_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
SC Commercial, LLC
1800 W. Katella Avenue, Suite 400, Orange, CA 92867
Deleware
✔
■
Gary Hoogeveen
■
Jesús Guerra
■
Edward Wondergem
■
Docusign Envelope ID: 00E29477-FFE4-466A-AF52-1BE452DC6FE9 Item 1N - Page 22

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

Continued:

Ted Brennan – Officer
Sherry Thomas – Officer
Kenneth R. Jones – Officer
Amberly Sheppard – Officer

Item 1N - Page 23

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

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

The ultimate parent company is Berkshire
Hathaway Inc.

Berkshire Hathaway Inc. is publicly traded
Docusign Envelope ID: 00E29477-FFE4-466A-AF52-1BE452DC6FE9 8/27/2025 | 4:58 PM EDT
Secretary Kenneth Jones
Item 1N - Page 24
1 National Indemnity
Company
Berkshire Hathaway Life
Insurance Company of
Nebraska
Pilot Travel
Centers LLC
PFJE Holdings
LLC
BunkerHill Oil
Marketing LLC
BunkerHill
Holdings
Company LLC

PFJE SOCAL
GP Holdings LLC

PFJE SOCAL LP
Holdings LLC
Southern Counties Oil Co.,
a California Limited
Partnership
SC
Commercial,
LLC
99% 1%
0% 100%
Item 1N - Page 25

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: REQUEST BY AVAL ON 1150, LLC, FOR APPROVAL OF TRACT MAP 39054 FOR CONDOMINIUM PURPOSES

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

MSA Consulting, Inc., representing Avalon 1150, LLC, a Delaware Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Tract Map 39054 to create 157 residential condominium units within Lot 398 of Tract 31848-1, in Phase 1 of the Miralon development. Approval of a final map for Tentative Tract Map 39054 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.

RECOMMENDATION:

Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 3 9054 FOR CONDOMINIUM PURPOSES WITH AVALON 1150 , LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED WITHIN LOT 398 OF TRACT 31848-1, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.”

BACKGROUND:

At its special meeting on December 4, 2024 , the Planning Commission recommended conditional approval of Tentative Tract Map
39054 (TTM 39054) for the construction of a
condominium development consisting of 157 for-sale condominiums on a 16.8 -acre site located within Lot 398 of Tract 31848-1, Phase 1 of the Miralon development.

The expiration date of TTM 3 9054 was to be December 4, 202 6. H owever, MSA Consulting, Inc., representing the Developer, timely filed a final map for TTM 39054 on October 31, 2024. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Item 1O - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Approval of TM 39054

Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.

STAFF ANALYSIS:

The Developer has completed most of the required studies and improvement plans but has not yet been issued applicable grading permits at this time. A site map is provided below, a vicinity map is included as Attachment A, and a copy of the final map for TM 39054 is included as Attachment B.

The City Engineer has determined that required conditions of approval associated with TTM 39054 have been satisfied, that Tract Map 39054 is in substantial conformance with the approved Tentative Tract Map, and that Tract Map 3 9054 is ready for City Council approval.

ENVIRONMENTAL ASSESSMENT:

The Planning Department had reviewed this project under the provisions of the California Environmental Quality Act (CEQA). On May 5, 2004, the City Council adopted a Mitigated Negative Declaration (MND) and approved the Miralon project. In 2016, an a ddendum to the MND was also prepared and it found that the project will not result in any new significant environmental impacts or substantially increase the severity of previously identified Item 1O - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
Approval of TM 39054

significant impacts as compared to the previously approved project. Furthermore, the addendum concluded that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent MND or Environmental Impact Report have occurred and, therefore, the addendum to the MND was appropriate to satisfy CEQA requirements for the project. The proposed tentative parcel map for condominium purposes will not result in any new environmental impacts beyond those already assessed in the mitigated negative declaration adopted.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council’s Strategic Plan Broad Goal of Economic Development.

FISCAL IMPACT:

Approval of Tract Map 39054 for the currently vacant 16.8-acre parcel will allow for the development of one hundred and fifty-seven for-sale condominiums . Ultimately, upon completion of the units, the City will receive yet to be determined additional property tax revenue. Additional, incremental costs for public service will be incurred over time.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A. Vicinity Map
B. Tract Map 39054
C. Resolution
Item 1O - Page 3

Attachment A
Item 1O - Page 4
Item 1O - Page 5
Department of Planning Services
Vicinity Map

SOLANATRL
I
I ' 1
' .. ~
u, ~ MOLINO RD SUNFLOWER CIR N 0 a:: a:: u >N ST w
Legend ..J a:: ..J w
ST < ~
0Miralon
a, 0 <C( ..J
T 0 LI.
~ Site PA-5 Multifamily Miralon
<C( z
e ~ SUNFLOWER CIR S
ST w
D 500ft Site Radius
z w FRANCIS DR ~

CITY OF PALM SPRINGS
Tentative Tract Map No. 39054
•
N
W E
s
a::
0 ~ <C(
~ ~
:& w
;
z
w
:)
(I)
Ir
0 a:: w
~ 0 ..J
LI.
z
:)
(I)
801 North Sunrise Parkway -Planning Area 5 -Miralon (PD 290)

Attachment B
Item 1O - Page 6
Item 1O - Page 7
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STAT£ OF CALIFORNIA TRACT MAP NO. 39054
BEING A SUBDIVISION OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FIL£ IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS, LOCATED IN $£CT/ON 35, TOWNSHIP 3 SOUTH, RANG£ 4 £AST, 5.B.M.

OWNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

EASEMENTS SHOWN AS "PAE" (PRIVATE ACCESS EASEMENT), FOR PUBLIC UTILITIES WITH RIGHT OF INGRESS AND EGRESS OF SERVICE AND EMERGENCY VEHICLES, AND PERSONNEL PURPOSES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

THOSE EASEMENTS SHOWN AS "1.5' PUE", "5' PUE", "1 O' PUE" AND "18' PUE", FOR PUBLIC UTILITIES AS SHOWN WITHIN THIS MAP.

WE HEREBY RETAIN FOR INGRESS AND EGRESS AND PRIVATE SEWER PURPOSES, EASEMENTS SHOWN AS "PAE" (PRIVATE ACCESS EASEMENT) FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN FOR DRAINAGE AND PRIVATE SEWER PURPOSES, AN EASEMENT OVER THOSE EASEMENTS SHOWN AS "1.5' PUE", "5' PUE", "10' PUE" AND "18' PUE", AS SHOWN WITHIN THIS

MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN FOR STORM DRAIN PURPOSES, THOSE EASEMENTS SHOWN AS "1 O' STORM DRAIN EASEMENT" OVER LOT 1, AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

WE HEREBY RETAIN FOR PRIVATE SEWER PURPOSES, THAT EASEMENT SHOWN AS "20' PRIVATE SEWER EASEMENT" OVER LOT 1, AS SHOWN WITHIN THIS MAP, FOR THE SOLE USE OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS MAP.

AVALON 1150, LLC

A DELAWARE LIMITED LIABILITY COMPANY
BY: fiFjl ~L-.

PRINT NA7 esse- (,l . 131-,.KeA.

IT'S: AUIHOl?IZ.~D Slf.tl\/Prr-OR.'/

SOILS REPORT
PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 3459-CR, WAS PREPARED BY GEOTEK, INC., DATED MARCH 03, 2023 AND AMENDED MARCH 11, 2025 AND IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.

SIGNATURE OMISSIONS
SEE SHEET 2

NOTARY'S ACKNOWLEDGMENT
SEE SHEET 2
(119 MSA CONSULTING, INC. FEBRUARY - 2025

FOR CONDOMINIUM PURPOSES

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF AVALON 1150, LLC, IN AUGUST OF 2024.

I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS

INDICATED, OR WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS MAP

SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

DATED: 6/25/z.02.S
~s 8223
No. 8223

CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF TRACT MAP NO. 39054, CONSISTING OF 6 SHEETS, THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF;

THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; DATED: _______ _

JOEL MONTALVO

CITY ENGINEER

CITY SURVEYOR'S STATEMENT
R.C.E. 62624
C62624

I HEREBY STATE THAT I HAVE EXAMINED THE MAP, AND THAT I AM SATISFIED THAT IT IS TECHNICALLY CORRECT.

DATED: _8_-_l_-_2_5 __
ROBERT C. OLLERTON P.L.S. 7731
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

CITY CLERK'S STATEMENT
No. 7731

I, BRENDA PREE, CITY CLERK AND EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE ____ DAY OF _______ , 20 __ , DULY APPROVED THE WITHIN MAP OF TRACT MAP NO. 39054, AND DID ACCEPT ON BEHALF OF THE PUBLIC, THE EASEMENT SHOWN AS "PAE" (PRIVATE ACCESS EASEMENT) FOR PUBLIC UTILITY PURPOSES WITH

RIGHT OF INGRESS AND EGRESS FOR SERVICE AND EMERGENCY VEHICLES AND PERSONNEL AND THOSE EASEMENTS SHOWN AS "1 .5' PUE", "5' PUE", "1 O' PUE", "18' PUE", FOR PUBLIC UTILITY PURPOSES, ALL AS DEDICATED AND SHOWN WITHIN THIS MAP.
f'WIIII"<.t COHM!SSION
THE TENTATIVE MAP FOR SAID TRACT MAP WAS APPROVED BY THE Cl+Y tOOMCI[. AT ITS re· I1:W MEETING HELD ON THE <ftil , DAY OF D~r I Wtf • fEClAL DATED: _______ _ BY: _______________ _

CITY CLERK AND EX-OFFICIO ASSESSOR OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS
SHEET 1 OF 6 SHEETS

RECORDER'S STATEMENT
FILED THIS ___ DAY OF _____ , 20 __ _
AT _____ IN BOOK _____ OF TRACT
MAPS AT PAGES _____ AT THE REQUEST OF
THE CITY CLERK OF THE CITY OF PALM SPRINGS.

NO. ____________ _
FEE ____________ _

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
BY: _____________ DEPUTY
SUBDIVISION GUARANTEE BY: FIRST AMERICAN TITLE COMPANY

TAX COLLECTOR'S CERTIFICATE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE,

THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID

STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS

TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $ q(, 1 20() -e,o .

DATED:

MATTHEW JENNINGS
COUNTY TAX COLL~ECTOR /?.. · .. ,
('I I .
' ' . • •
BY: ----~"'-------1--,,l---' DEPUTY

TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ Cflo, ;oo • .,o HAS BEEN EXECUTED

AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA,

CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL,

AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF

THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.

DATED: ;:fUL y 1,zD
CASH oR:::§uRETY BOND:-::::>

MATTHEW JENNINGS

COUNTY TAX COLLECTOR
,20'1&
('/~m-- ..
~ ~-~

ABANDONMENT NOTE
, DEPUTY
PURSUANT TO SECTION 66434(G) OF THE SUBDIVISION MAP ACT, THE FILING OF THIS MAP

SHALL CONSTITUTE ABANDONMENT, WITHIN THE BOUNDARY OF THIS MAP, OF THAT CERTAIN PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF PALM SPRINGS, OVER LOT 398 OF TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FILE IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS.

THE ENTIRETY OF THOSE EASEMENTS BEING ABANDONED ARE NOT SHOWN ON THIS MAP.

J.N. 2846
Item 1O - Page 8
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STAT£ OF CALIFORNIA TRACT MAP NO. 39054
BEING A SUBDIVISION OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FIL£ IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS, LOCATED IN SECTION 35, TOWNSHIP 3 SOUTH, RANG£ 4 £AST, S.B.M.

NOTARY'S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF G,',LIF8.:Rt.~ ~---S ~,ts.S..ct C.ttcJ;;;x;; • • couNTY OF SUFFoL-IC'-
)
ss
)
oN 7/81~ r:,2 5 , BEFORE ME C,Jt'rt) I!, ftlWC.#£11! ~. A NOTARY PUBLIC, PERSONALLY APPEARED .Ae'SSE' A. s ..... ,=::.£"e '
WHO PROVED TO ME O-N-TH-E---tcM,.,1--AS=IS~O-F~SA-T~IS-F~AC_T_O=RY~EV-ID-E-NC_E_T_O_B_E_TH_E_P_E-RS_O_N~(S~)-W_H_OS_E_

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

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

WITNESS MY HAND.

MY PRINCIPAL PLACE OF BUSINESS
IS .SVFF"o(,K. COUNTY.

SIGNATURE OF N NIA
NOTARY CO~MISSION NO.
(PRINT NAME)
10/2/2. 0 31

MY COMMISSION EXPIRES
<OB MSA CONSULTING, INC. FEBRUARY - 2025

FOR CONDOMINIUM PURPOSES

SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURE(S) OF THE

FOLLOWING OWNER(S) OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED, AS THEIR INTERESTS CANNOT RIPEN INTO FEE.

AN EASEMENT IN FAVOR OF VERIZON CALIFORNIA INC, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 2007-0342692, REC. 5/24/2007, O.R.

CITY OF PALM SPRINGS, HOLDERS OF AN EASEMENT FOR AIRCRAFT OPERATIONS, SOUND AIRSPACE, AVIGATION AND INCIDENTAL PURPOSES, PER INST. NO. 2007-0587366, REC. 9/18/2007, O.R. (NOT PLOTTABLE, BLANKET IN NATURE)

AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 2022-0394690, REC. 9/15/2022, O.R. (NOT PLOTTABLE, BLANKET IN NATURE)

EASEMENT NOTES
ffi AN EASEMENT IN FAVOR OF CITY OF PALM SPRINGS, FOR PUBLIC UTILITIES AND SEWER PURPOSES, PER TRACT MAP NO. 31848-1, M.B. 414/ 49- 73. (AREA WITHIN THE BOUNDARY OF THIS MAP ABANDONED HEREON).
ffi AN EASEMENT IN FAVOR OF VERIZON CALIFORNIA INC, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 2007-0342692, REC. 5/24/2007, O.R.

3. CITY OF PALM SPRINGS, HOLDERS OF AN EASEMENT FOR AIRCRAFT OPERATIONS, SOUND AIRSPACE, AVIGATION AND INCIDENTAL PURPOSES, PER INST. NO. 2007-0587366, REC. 9/18/2007, O.R. (NOT PLOTTABLE, BLANKET IN NATURE).

4. AN EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, PER INST. NO. 2022-0394690, REC. 9/15/2022, O.R. (NOT PLOTTABLE, BLANKET IN NATURE).

SHEET 2 OF 6 SHEETS

SURVEYOR'S NOTES

THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTHWESTERLY LINE OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, ON FILE IN BOOK 414 OF TRACT MAPS, AT PAGES 49 THROUGH 73, INCLUSIVE.

TAKEN AS: N 7 4·02· 16" W
•
INDICATES FOUND 1" I.P. WITH PLASTIC PLUG STAMPED "R.C.E. 26401 ", FLUSH, UNLESS NOTED OTHERWISE.

INDICATES FOUND 1-1 / 4" BRASS DISK STAMPED 26401 ", FLUSH, IN A.C. PAV'T (RIV. CO. STD. TYPE "B" MON.)
•
INDICATES FOUND NAIL AND TAG STAMPED "R.C.E. 26401 ", IN CURB ON THE PROLONGATION OF SIDE LINES, UNLESS NOTED OTHERWISE. (-) INDICATES RECORD DATA
R1 INDICATES RECORD AND MEASURED DATA PER TRACT MAP NO. 31848, M.B. 414/49-73.
~ INDICATES CENTERLINE

R/W INDICATES RIGHT-OF-WAY
(R) INDICATES RADIAL BEARING

PAE INDICATES PRIVATE ACCESS EASEMENT

PUE INDICATES PUBLIC UTILITY EASEMENT FOR PUBLIC UTILITY PURPOSES TOTAL GROSS AREA = 16.760 ACRES
RESIDENTIAL/NUMBERED LOTS = 1 LOT
-
TRAMVIEW RD. SITE

LAS VEGAS VJ ,-----
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7 ~ __J
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VISTA
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VICINITY MAP
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J.N. 2846
Item 1O - Page 9
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\
\
\
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231
232
330
331
332
333
334
\
\
\
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I
I
I
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IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS TRACT MAP NO. 39054
BEING A SUBDIVISION OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FILE IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS, LOCATED IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M.

SEE SHEET 2 FOR EASEMENT NOTES
SEE SHEETS 4 THROUGH 6 FOR

DETAILED EASEMENT DIMENSIONS
NO.

C1
C2

CURVE DATA

DELTA RADIUS LENGTH
92·52'34• 24.5.0' 39.71'
92"52'34" 24.50' 39.71'
TRACT MAP 31848-1
M.B. 414/ 49- 73
<119
(ff) INDICATES SHEET NUMBER

LINE DATA
\ NO. BEARING
\
LOT 'AM•
N 04"44'10" E 143.41' Rl
MSA CONSULTING, INC. FEBRUARY - 2025 L1 N 87'22'01" E
\ N 14"07'26" W
\ \ (R) N 07°47'J7" E

FOR CONDOMINIUM PURPOSES
\ 'ii \ \
\
-~ \ I 1 o·
';'.'; I \ 1
~ 1-L.--~~
~II
·g I
I ~II
220.57' RJ
N 00"00'01" E 453.96' R1
fi I I
~ ~ ~ll-1------------------------------------------------------------------------------------1--- c:i ~II '
5 I i:i ;,-+------ --+---- ~ --+---- ~ --+---- ~ ....+------;, r------+-- --+---- ~ - ''\ -' Jl / I 2 5' i f '-------' i f '-------' t f '-------' i f L ___ J t f '-------' t f -,'\ ',

I I I , ,

I I I , ,
N 08"20'46" E I I I '\ '\
. I I (R) PRC I I I ' '
I ~ 11 I I I ) '\
ir"' 11 I I I < \
l
fJ 11 I I I '\ \
i':- 1
11 I I I \ \
I I \ \
11: / ; 1 : 1 ~ 7 \
0 Jl I I N 00·14'35" E I I I J I
~ I I R PCC .... _J L_J .... _J L_J .... _J : r :
:S 8 0 "" ---, © Is' ® I I / I 0\"' '2 ;:::-ii LOT 1 \:!.../ 6 L_...J / / i Ii :,~ f 11 16. 76 AC. L. ; ,,,
< e,, 1.,_v' ~ r-, 1 -, r-, r-7 / /
j // I I I I I r--, r-✓ I
<\ I I I I I / / / /

11. I
I
N 05·30'33• w I I I I I / / r - -, / /
\
I (R) PCC I I I I I / / / / '-~ ,'
11 I I I I I / / / / r
I 1 1 o· I I I I I / / / / / /
11 ----r~1~ I I I I I / / / / / /

I I I I I / / / / / /
LENGTH

37.00'

I I I I I I / / / / / /
--- \ \

I I I I I / / / / / /
2 5' I I I I I / / / / / /
\
'tJ..-L-l-----7'~ I I I I I / / / / / /
---
335
-------- ----
\
\
\
\
\
\
\
\
\
-------
337
.>\ I I I I I / / / / / /
\
.> 11 t { ,----++----.. t { ,-------.. t { -----. t ~ _ _,.,------- fl I 11 I I I f, 'I'-------- 'I--" '-+-- "+-' '--+-' -.J '--+-' __ ...,... ''-+- t / / / '§, 1 ..._,,,....____ / / / /
\ ;,-\:\(....-------------------------------------+-+----------....------------------- --.'-+--, t..___ ,,,,I / ,_ t ---- --t- I
\
~ \\ --------- //
⇒ \\ -----
1' \ \
\ \ .> \\
\\ ·1 \ \ \
\"". \ \
\ ~ \ \
\ \
~ ~ \ \ \\
336
N 01·33 14 E 208.58 R1 N 01"50 20 W 294.15 R1
LOT 'AM"
N 07·57 32 E
394.55 RJ
\ \
~ 338 \\ \
I
TRACT MAP 31848-1
M.B. 414/ 49- 73 /\ o' 60' 120' 180' 240'
/
SCALE 1 "=60' J.N. 2846
Item 1O - Page 10
NO.

L1
L2
L3
L4
L5
L6
L7
LB
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
NO.

C1
C2
C3
C4
C5
C6
C7
CB
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
C37
C38
C39
C40
C41
C42
C43

LINE DATA

BEARING LENGTH
N 01·54·45• W 78.68'
N 59·01 ·os· w 16.67'
N 01·54•45• W 25.00'
N oo·oo·oo· E 25.00'
N 00-00'01 • E 79.12'
N 43'43'52" E 12.53'
N or54·45• w 23.32'
N 00-00'01" E 56.63'
N 01"54'45" W 61.98'
N 00-40'51" E 58.13'
N 01"54'45" W 9.62'
N 45·54•45• W 11 .31'
N 01·54•45• W 35.90'
N 00'40"51 • E 30.92'
N 45·40•51• E 11.31'
N 00·40·51 • E 10.71'
N 00·00'01 • E 9.51'
N 45·00•01 • E 11.31'
N 00'00'01. E 9.51'
N 44·59•59• W 11.31'
N 00'00'01 • E 9.51'
N 45'00'01 • E 11.31'
N 44·59•59• W 11.31'
N 00'40'51 • E 6.31'
N 44·19·09• W 11 .31'
N 00'39'47" E 25.00'
N oo·oo·oo· E 25.00'
N 00'00'01" E 101.49'
N 90·00·00· E 180.00'
N 00'00'01" E 152.43'
N 90-00·00· E 180.00'
N 00'00'01 • E 152.43'
N 00'4051" E 152.43'
N 89'19'09" W 180.00'
N 00'40'51" E 72.13'
N 01·54•45• W 75.98'
N 88'05'15" E 180.00'
N 01'54'45" W 45.82'
N 87'22.'01" E 37.00'
N 16'24'59" W 10.92'

CURVE DATA

DELTA RADIUS
D7'08'35" 881.50'
07'23'51" 871.50'
99·52•03• 24.50'
09·05•23• 127.50'
07'10"21 .. 137.50'
14·30•14• 150.00'
10'0604" 162.50'
88'02'05" 24.50'
90·00·00· 10.00'
90·00'00· 10.00'
90·00·00· 10.00'
02·35•35• 90.00'
02·35•35• 100.00'
02'35'36" 112.50'
02·35•35• 132.00'
02·35•35• 143.00'
90·00·00· 10.00·
08'28'11" 881.50'
02'26'15" 881.50'
02'32 10· 881.50'
04"58'25" 881.50'
09·49'03• 871.50'
92·52•34• 24.50'
38'30'22" 24.50'
54·22·12· 24.50'
92'52'34" 24.50'
54'22'12" 24.50'
38°30'22" 24.50'
08'06'11" 881.50'
09·24•45• 871.50'
03'37'48" 528.50'
03·04·04• 518.50'
03'50'49" 518.50'
03'58'11" 518.50'
11·35•oa· 518.50'
OT49'oo· 518.50'
11'46 46" 528.50'
87'27'41 • 24.50'
84'43'19" 24.50'
s9·59•59• 10.00·
90·00·01· 10.00·
89'59'59" 10.00'
90·00·01" 10.00'
o· 40'
LENGTH
109.90'
112.52'

42.70'

20.23'

17.21'

37.97'

28.65'

37.64'

15.71'

15.71'

15.71'

4.07'

4.53'

5.09'

5.97'

6.47'

15.71'
130.31'

37.50'

39.02'

76.52'
149.33'

39.71'

16.47'

23.25'

39.71'

23.25'

16.47'
124.67'
143.17'

33.48'

27.76'

34.81'

35.92'
104.84'

70.74'
108.65'

37.40'

36.23'

15.71'

15.71'

15.71'

15.71'
so·
N78'59'52"E
(R)
Nso·54'54"E
(R) PCC
\
\
\
\
338

LOT 'AM'
TRACT
M.B.
120·
SCALE 1 "=40'
c'l.'
L,
,o
...\-
DETAIL •A•

NOT TO SCALE
\
\
\
\
160'
'
337
'
"'
' 00
~
00 0
"'
w
;,,
~
0 I
I
\
\
\
\
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STAT£ OF CALIFORNIA TRACT MAP NO. 39054
BEING A SUBDIVISION OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FIL£ IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS, LOCATED IN SECTION 35, TOWNSHIP 3 SOUTH, RANG£ 4 £AST, S.B.M.

MSA CONSULTING, INC. FEBRUARY - 2025

FOR CONDOMINIUM PURPOSES
\ I I I
332 331
I
7 I
\ \
333 I I I 330 I
I
I
I
336
\
\
\
335
\
\
\
334
\
\
\
\
/
I TRACT MAP\31848-1 I M.B. 414149-73
I I
I I I

PALLADIUM BOULEVARD
io
cri
~
(PRIVATE STREET)
~'
I:::' "v. <o c'P
N 00·14'35" E io
j ~) PCC cri
N54"07' 37''W
(R)
LOT 1
SEE SHEET 5
232
I
I
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' I
-- .,,-----
N os·20•4~5•:-· E--,, ___ ,,L ---
(R) PRC - .\ I
C36
I w

NOT TO SCALE
231
--....

I
I
I
\
SHEET 4 OF 6 SHEETS
LOT 'Al'
w
I
"'
I
l­
o
...j
J.N. 2846
Item 1O - Page 11

LINE DATA
NO. BEARING LENGTH
L1 N 00·00•01" E 9.51'
L2 N 45"40'51" E 11.31 '
L3 N 00"40'51" E 12.70'
L4 N 00-40'51" E 13.81'
L5 N 44"19'09" W 11.31 '
L6 N 00"40'51" E 25.00'
L7 N oo·oo·oo" E 25.00'
LB N 00·40'51" E 8.13'
L9 N 00"40'51" E 38.43'
L10 N 01·54•45" W 85.16'
L 11 N 01·54'45" W 55.62'
L12 N 43"05'15" E 11.31'
L13 N 01'54' 45" W 13.04'
L14 N 01·54'45" W 25.00'
L15 N oo·oo·oo" E 25.00'
L16 N 00"00'01" E 9.51'
L17 N 45'00'01" E 11.31'
L18 N 44'59'59" W 11.31'
L19 N 00'00'01" E 9.51'
L20 N 00'00'01" E 62.66'
L21 N 89"59'59" W 5.00'
L22 N 00'00'01" E 65.00'
L23 N 00'00'01" E 61.66'
L24 N 89'59'59" W 15.50'
L25 N 00·00•01" E 45.00'
L26 N 01·54'45" W 2.75'
L27 N 05'37'30" W 24.10'
L28 N 05' 37' 30" W 24.10'
L29 N 47'22'00" W 11.53'
L30 N 01·54'45" W 115.91'
L31 N 01'54' 45" W 115.91'
L32 N 90·00·00· E 180.00'
L33 N 00·00•01" E 152.43'
L34 N 90·00·00" E 180.00'
L35 N 00'00'01" E 218.32'
L36 N 05' 37' 30" W 24.10'
L37 N 05· 37' 30" W 24.10'
L38 N 05'37'30" W 24.10'
L39 N 01·54'45" W 16.75'
L40 N 88'05'15" E 180.00'
L41 N 01·54'45" W 99.16'
L42 N 00'40'51" E 52.43'
L43 N 89'19'09" W 180.00'
L44 N 88'09'40" E 88.54'
L45 N 88'09'40" E 89.16'
~
I
CX'.) I"')
-.;I"
" CX'.) I
~ 0)
I"') -.;I"
'---.. ~ 0.. -.;I" <(
<( >
~
L46 N 89"59'59" W 85.25'
L47 N 89'59'59" W 85.25'
2 -.;I" I-
0 _J
L48 N 00'40'51" E 152.43'
L49 N 00'00'01" E 152.43'
L50 N 05'37'30" W 5.91'
. I-
0 [D
.
<( 2 0:::

I-

CURVE DATA
NO. DELTA RADIUS LENGTH
C1 90·00·00" 10.00' 15.71'
C2 90·00·00" 10.00' 15.71'
C3 89"59'59" 10.00' 15.71'
C4 90-00'01" 10.00' 15.71'
C5 02"35'36" 181.00' 8.19'
C6 02"35'36" 191.00' 8.65'
Cl 02"35'36" 224.00' 10.14'
CB 02·35'35" 234.00' 10.59'
C9 90·00·00" 10.00' 15.71'
C10 91"59'47" 10.00' 16.06'
C11 01'42'58" 175.00' 5.24'
C12 03"42'45" 200.00· 12.96'
C13 03"42'45" 210.00' 13.61'
C14 89"59'59" 10.00· 15.71'
C15 90·00·01" 10.00· 15.71'
C16 90"00'00" 2.50' 3.93'
C17 03"42'45" 157.00' 10.17'
C18 13'52'43" 243.00' 58.86'
C19 01"07'42" 225.00' 4.43'
C20 10'40'17" 233.00' 43.40'
-®-C21 13"52'43" 190.00' 46.02'
C22 13'52'43" 200.00' 48.45'
C23 13'52'43" 212.50' 51.47'
-
C24 03'42'45" 187.50' 12.15'
C25 02'35'36" 211.50' 9.57'
C26 01"10'34" 200.00· 4.11'
o· 40• 80'
' SCALE 1 "=40'
'
a::
~
in N
..; ~
m "' N N
3:
' 0
N
0 'fl
0 z
~
I
120'
I
IN TH£ CITY OF PALM SPRINGS, COUNTY OF RIV£RSID£, STAT£ OF CALIFORNIA SHEET 5 OF 6 SHEETS TRACT MAP NO. 39054
BEING A SUBDIVISION OF LOT 398, AS SHOWN ON TRACT MAP NO. 31848-1, AS SHOWN BY MAP ON FIL£ IN BOOK 414, AT PAGES 49 THROUGH 73, INCLUSIVE, OF MAPS, LOCA T£D IN SECTION 35, TOWNSHIP 3 SOUTH, RANG£ 4 £AST, S.B.M. <119 MSA CONSULTING, INC. FEBRUARY - 2025

FOR CONDOMINIUM PURPOSES
SEE SHEET 4
1 ""°'oo·. ,.,~ j ) ~ I I :1 I I
10' PUE
N 85"30'12" E
(R)
N 87"34'56" E
(RJ
LOT 1
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J.N. 2846
Item 1O - Page 12

LINE DATA
NO. BEARING LENGTH
L1 N 00·00°01" E 65.00'
L2 N 89'59'59" W 5.00'
L3 N oo·oo·o 1 • E 62.66'
L4 N 00'00'01" E 45.00'
L5 N 89'59'59" W 15.50'
L6 N 00·00°01" E 61.66'
L7 N 00'00'01" E 9.51'
LB N 45'00'01" E 11.31'
L9 N 44'59°59" W 11.31'
L10 N 00'00'01" E 9.51'
L11 N oo·oooo" E 25.00'
L12 N 08'15'13" E 25.00'
L13 N oo·oo·oo" E 25.00'
L14 N 08'15'13" E 25.00'
L15 N os·15•13" E 52.63'
L16 N 08"15'13" E 30.59'
L17 N 53'15'13" E 11.31'
L18 N 08'15°13" E 5.53'
L19 N 08"15'13" E 9.51'
L20 N 36'44'47" W 11.31'
L21 N 53'15'13" E 11.31'
L22 N 08'15'13" E 9.51'
L23 N 08'15'13" E 39.90'
L24 N 08'15'13" E 60.84'
L25 N 00°00'01" E 33.72'
L26 N 50'38'49" E 55.02'
L27 N 39'21°11
00 W 13.00'
L28 N 50°38°49" E 28.50'
L29 N 74'02'16" W 49.76'
L30 N 15'57'44" E 13.00'
L31 N 74'02'16" W 19.97'
L32 N 15'57'44" E 13.00'
L33 N 74'02'16" W 57.00'
L34 N 15°57'44" E 13.00'
L35 N 15·57•44" E 15.50'
L36 N 74'02'16" W 37.00'
L37 N 15·57'44" E 15.50'
L38 N 74°02°16" W 34.97'
L39 N 15'57'44" E 15.50'
L40 N 74'02'16" W 39.76'
L41 N 01°43°52" E 15.47'
L42 N 13'41°27" W 15.47'
L43 N 50'38'49" E 18.50'
L44 N 39°2111" W 15.50'
L45 N 50°38'49
00 E 62.52'
L46 N 00'00'01" E 1.55'
L47 N 50'38'49" E 83.52'
L48 N 50'38'49" E 83.52'
L49 N 00'00'01" E 218.32'
L50 N 90•00 oo· E 180.00"
L51 N oo·oo·o 1 " E 152.43'
L52 N 90°00'00" E 204.94'
L53 N 50'38'49" E 83.52'
L54 N 08'15'13" E 62.40'
L55 N 81'44'47" W 180.00'
L56 N os•15'13" E 152.43'
L57 N 81'44'47" W 180.00'
L58 N os·15'13• E 66.63' o·
L59 N s9·59•59" W 85.25'
L60 N 89'59'59" W 85.25'
L61 N 39'21'11" W 85.25'
L62 N 39°21'11" W 85.25'
L63 N 15·57 44" E 85.25°
L64 N 15°57'44" E 85.25°
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CURVE DATA
NO. DELTA RADIUS LENGTH
C1 90·00·00" 2.50' 3.93'
C2 s9·59•59" 10.00' 15.71'
C3 90-00'01" 10.00' 15.71'
C4 13'52°43" 243.00' 58.86'
C5 10·40•17" 233.00' 43.40'
C6 13'52'43" 190.00' 46.02'
Cl 13'52'43" 200.00' 48.45'
CB 90·00·00" 10.00' 15.71'
C9 90-00'00" 10.00' 15.71'
C10 90·00'00· 10.00' 15.71'
C11 90·00·00" 10.00' 15.71'
C12 55"18'55" 76.00' 73.37'
C13 82°17°29" 23.00' 33.03'
C14 82'17'29" 48.00' 68.94'
C15 82"17'29" 58.00' 83.30'
C16 90·00·00" 2.50' 3.93'
C17 90'00'00" 2.50' 3.93'
C18 90·00'00" 2.50' 3.93'
C19 14°13°52" 81.00' 20.12·
C20 91'29'04" 2.50' 3.99'
C21 91'29'04" 2.50' 3.99'
C22 12'27'11" 99.00' 21.52'
C23 25·39'44" 81.00' 36.28'
C24 90·00'00" 2~50' 3.93'
C25 13'17'23" 39.00' 9.05'
C26 50.38'48" 49.00' 43.31'
C27 89°59°59" 10.00' 15.71'
C28 90·00'01" 10.00' 15.71'
C29 55°18°55" 134.00' 129.37'
C30 55·1s'55" 124.00' 119.71'
C31 50.38'48" 74.00' 65.41'
C32 50·3s'4s• 84.00' 74.25'
C33 50.38'48" 61.50' 54.36'
C34 55•18'55" 111.50' 107.65'
C35 s2·1 r29• 35.50' 50.99'
C36 13"52'43" 212.50' 51.47'
J.N. 2846
Attachment C
Item 1O - Page 13
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP
39054 FOR CONDOMINIUM PURPOSES WITH AVALON
1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
FOR PROPERTY LOCATED WITHIN LOT 398 OF TRACT
31848-1, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4
EAST.

WHEREAS, the Planning Commission of the City of Palm Springs, at its special meeting of December 4, 2024, recommended conditional approval of Tentative Tract Map 39054 for condominium purposes, subject to conditions; and

WHEREAS, the Subdivider has filed with the City a final map for Tentative Tract Map 39054, identified as Tract Map 39054, in accordance with Section 66458 of the California Government Code; and

WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs the easement shown as “PAE” (Private Access Easement) for public utility purposes with the right of ingress and egress for service and emergency vehic les and personnel and those easements shown as “1.5’ PUE”, “5’ PUE”, “10’ PUE”, and “18’ PUE” for public utility purposes , all as dedicated and shown within the final map.

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

SECTION 1. Tract Map 39054 is in substantial conformance with the approved Tentative Tract Map 39054.

SECTION 2. Tract Map 39054 is in conformance with the General Plan

SECTION 3. Tract Map 39054 conforms to all requirements of the Subdivision Map Act of the State of California.

SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers of easement dedications to the public on Tract Map 39054 shall be accepted by the City Clerk, who shall certify acceptance by signature on the map thereof.

SECTION 5. Tract Map 39054 is hereby approved for purposes therein defined.

Item 1O - Page 14
Resolution No. _____

Page 2 ends

ADOPTED THIS 10TH DAY OF SEPTEMBER, 2025.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS

ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1O - Page 15
Resolution No. _____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
Item 1O - Page 16

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. C0005356 WITH

PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR SCHOOL

RESOURCE OFFICER SERVICES

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

This action will approve Amendment No. 1 to Agreement No. C0005356 between the Palm Springs Unified School District (PSUSD) and the C ity of Palm Springs 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. The amendment to the agreement (assigned corresponding Agreement No. 25G165 by the City of Palm Springs ), establishes an hourly and daily rate, and more clearly defines the actual costs for SRO services for PSUSD’s 181 -day school year. T he SRO will provide law enforcement services for the 2025 /2026 and 2026/2027 school year s and PSUSD will reimburse the full costs of the services provided, including any overtime costs for duties related to the SRO assignment.

RECOMMENDATION:

1) Approve Amendment No. 1 to Agreement C00053563 between the Palm Springs Unified School District and the C ity of Palm Springs 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, on the campus of Palm Springs High School.

Item 1P - Page 1
City Council Staff Report
September 10, 2025 – Page 2
PSUSD Law Enforcement Services Agreement

At the City Council meeting of June 25, 2025, Council approved PSUSD Agreement No.

C0005356 (City Agreement No. 25G165) 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 agreement is included as Attachment A.

Following Council approval and execution of the agreement, PSUSD representatives met with the Police Department to evaluate the methodology that has historically been used to calculate SRO costs. Using actual personnel costs provided by the City to establish daily rates, PSUSD presented the proposed amendment to the original agreement. The proposed amendment transitions away from the traditional monthly calculation of SRO costs and takes into consideration the 181-day PSUSD school calendar, including holidays where the SRO is not assigned to the campus. For ease of calculation, the costs associated with a full 181- day school year were divided equally across the 10-month school year. This calculation more accurately reflects actual costs and eliminates potential confusion associated with invoicing.

The proposed amendment (Attachment B) establishes the estimated 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 at $ 432,180.94.

These costs will be reimbursed to the City by PSUSD at a rate not to exceed $21,064.78 per month for a period of up to ten months for the fiscal year of 2025 /2026, and at a rate not to exceed $22,153.31 per month for a period of up to ten months for the fiscal year of 2026/2027.

FISCAL IMPACT:

Under the proposed amendment, PSUSD will reimburse the City the fully burdened costs of one police officer during the 181 days they are assigned to Palm Springs High School and Desert Learning Academy, including any overtime costs for duties related to the SRO assignment.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A.) PSUSD Law Enforcement Services Agreement C0005356 B.) Amendment No.1
Item 1P - Page 2

ATTACHMENT A
Item 1P - Page 3
[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 City 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 policing 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. TERM
This agreement shall be effective beginning
August 1, 2025 and it shall run through
June 7, 2027, unless sooner terminated as provided in Section 16.

2. PURPOSE
This 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 SRO 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 1P - Page 4
[Type here] [Type here] [Type here]
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 1P - Page 5
[Type here] [Type here] [Type here]
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 prob lems 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 1P - Page 6
[Type here] [Type here] [Type here]
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 situations, 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 1P - Page 7
[Type here] [Type here] [Type here]

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 1P - Page 8
[Type here] [Type here] [Type here]

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 requir ed 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- owned 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 1P - Page 9
[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 CITY'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 omi ssions 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 CITY, 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 otherwise , relative to this su bject 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

DISDISDIDIDI




  




Item 1P - Page 10
[Type here] [Type here] [Type here]

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 resolved 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 1P - Page 11
[Type here] [Type here] [Type here]
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: ____________________________________

6FRWW&6WLOHV
5\DQ*XLERD




  







Item 1P - Page 12
--~ DocuSigned by:

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ATTACHMENT B
Item 1P - Page 13

PALM SPRINGS UNIFIED SCHOOL DISTRICT
AMENDMENT No. 1 to AGREEMENT No. C0005356
This Amendment No. I entered into as of August 14, 2025 to Agreement No. C000S356 between the Palm Springs Unified School District and City of Palm Springs herewith attached and incorporated to the terms and conditions of the original agreement and any previous amendment(s). [] This amendment represents a change to services described as follows:
[X] This amendment represents a change in compensation described as follows:

Section 7. COMPENSATION of the original Agreement is hereby deleted in its entirety and replaced with the following:

DISTRJCT 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.

The SRO will be contracted for 181 days per year for the DISTRICT. The daily rates for SRO services are as follows:
• For FY 2025/2026: ONE THOUSAND ONE HUNDRED SIXTY-THREE AND 80/100 DOLLARS ($1,163.80) per day
• For FY 2026/2027: ONE THOUSAND TWO HUNDRED TWENTY-THREE AND 94/100 DOLLARS ($1,223.94) per day
Total cost to DISTRICT under this Agreement for the two-year period covering fiscal years 2025/2026 and 2026/2027 is FOUR HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED EIGHTY AND 94/100 DOLLARS ($432,180.94).

For FY 2025/2026, payment will be made upon monthly billing by CITY at a rate not to exceed TWENTY­ ONE THOUSAND SIXTY-FOUR AND 78/100 DOLLARS ($21,064.78) per month for up to ten (10) months, for a total yearly amount of TWO HUNDRED TEN THOUSAND SIX HUNDRED FORTY­ SEVEN AND 80/100 DOLLARS ($210,647.80).

For FY 2026/2027, payment will be made upon monthly billing by CITY at a rate not to exceed TWENTY­ TWO THOUSAND ONE HUNDRED FIFTY-THREE AND 31/100 DOLLARS ($22,153.31) per month for up to ten (10) months, for a total yearly amount of TWO HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED THIRTY-THREE AND 14/100 DOLLARS ($221,533.14).

The overtime rate shall be calculated at 1.5 times the regular hourly rate as follows:
• For FY 2025/2026: TWO HUNDRED EIGHTEEN AND 21/100 DOLLARS ($218.21) per hour • For FY 2026/2027: TWO HUNDRED TWENTY-NINE AND 49/100 DOLLARS ($229.49) per hour
[] ATTACHMENT "A" IS HEREBY ATTACHED AND INCORPORATED TO THE TERMS OF THIS AMENDMENT.

Item 1P - Page 14

ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL AGREEMENT AND ANY PREVIOUS AMENDMENT(S) SHALL REMAIN THE SAME.

Consultant: City of Palm Springs
Signature
Print Name and Title
Date
Palm Springs Unified School District
Assistant Superintendent. Business Services
August 26, 2025
Board of Education Ratification Approval Date
APPROVAL AS TO FORM AND CONTENT:City of Palm Springs, a Municipal Corporation By: _____________________________________
Name: _Jeff Ballinger______________________
Date: ____________________________________
Scott C. Stiles, City Manager
Item 1P - Page 15
Item 1P - Page 16
Simmons, Jeffrey [email protected])
From:

Sent:

Melissa Cain < [email protected]>
Monday, August 11, 2025 6:56 PM
To: Simmons, Jeffrey [email protected])
Subject: Fw: Updated SRO Rates
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good evening, Jeff. It was a pleasure meeting you today. Please see the updated numbers for FY26 and FY27 associated with PSUSD's 181 instructional days. Let me know if you have questions or need additional information.

Respectfully,
Melissa Cain
From: Alex Pavia <[email protected]>
Sent: Monday, August 11, 2025 5:10 PM
To: Melissa Cain <[email protected]>
Cc: Christian Bayer <[email protected]> Subject: Updated SRO Rates
Hi Melissa,
After our conversation today please see the below chart of rates. My understanding is that we will be billing the monthly bill (i.e. $21,064.85) each month in addition to the overtime worked. The overtime is 1.5 the hourly rate that makes up the day rate.

FY26 FY27
Day Rate $ 1,163.80 s 1,223.94
Yearly Rate (181 Days) $210,648.51 $221,534.04
Monthly Bill (evenlyoverl0 Months) $ 21,064.85 s 22,153.40 Overti me Rate (Hourly Day Rate @l.5} $ 218.21 $ 229.49 Please let me know if you need any additional information or have any questions.

Thanks
Alex
Alex Pavia
Budget Analyst
Department of Finance and Treasury
1 Item 1P - Page 17
Docusign Envelope ID: D4FB0185-337D-4070-AEF6-3A4E83D4036A

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 City 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 policing 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. TERM
This agreement shall be effective beginning August 1, 2025 and it shall run through June 7, 2027, unless sooner terminated as provided in Section 16.

2. PURPOSE
This 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 SRO 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 1P - Page 18
Docusign Envelope ID: D4FB0185-337D-4070-AEF6-3A4E83D4036A 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 l (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 1P - Page 19
Docusign Envelope ID: D4FB01 B5-337D-4070-AEF6-3A4E83D4036A 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 SR Os 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 1P - Page 20
Docusign Envelope ID: D4FB01 B5-337D-4070-AEF6-3A4E83D4036A 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 situations, 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 1P - Page 21
Docusign Envelope ID: D4FB01 B5-337D-4070-AEF6-3A4E83D4036A

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 1P - Page 22
Docusign Envelope ID: D4FB0185-337D-4070-AEF6-3A4E83O4036A

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 owned 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 1P - Page 23
Docusign Envelope ID: D4FB0185-337D-4070-AEF6-3A4E83D4036A administer this Agreement on behalf of DISTRICT.

10. EMPLOYMENT ST A TUS
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 CITY'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 CITY, 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 otherwise, 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 1P - Page 24
Docusign Envelope ID: O4FB01 B5-337O-4070-AEF6-3A4E83O4036A 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 resolved 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 1P - Page 25
Docusign Envelope ID: D4FB01 B5-337D-4070-AEF6-3A4E83D4036A 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~,~ '::O"-S
Name: Jeffrey Simmons
Title: Assistant Superintendent, Business Services
D 7/30/2025 ate: ----- ----- - - ----
Name: Scott C. Stiles
D 7/30/2025 ate: ____ _ _ ______ _ _
Name: Ryan Guiboa
7/30/2025
Date: _ _____________ _

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: A UTHORIZE EXECUTION OF RANGE SERVICES AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS, THROUGH ITS POLICE

DEPARTMENT, AND STATE OF CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION THROUGH JUNE 2028

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

It is recommended that City Council aut horize execution of an agreement between the City of Palm Springs, through its Police Department, and the State of California – Department of Corrections and Rehabilitation (CDCR) and for Firing Range Services through June 2028.

RECOMMENDATION:

1) Authorize execution of Agreement No. C5612971 with the State of California – Department of Corrections and Rehabilitation to use the Palm Springs Police Department’s firing range, with an estimated $18,120 in revenue to the City, through June 30, 2028.

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

STAFF ANALYSIS:

The proposed agreement between the City of Palm Springs, through its Police Department, and the State of California – Department of Corrections and Rehabilitation would allow sworn agents of CDCR, Division of Adult Parole Operations, Southern Region staff to utilize the Palm Springs Police Department’s firing range and associated resources (Palm Springs Police Department Range Master, classrooms, safety equipment and storage facilities) for monthly, quarterly and evening use, as needed, through June 30, 2028 . CDCR Agreement number C5612971 has been assigned corresponding City Agreement number 25G266.

Item 1Q - Page 1
City Council Staff Report
September 10, 2025 – Page 2
Firing Range Services Agreement

The City Manager has already signed this agreement, as it falls within his signing authority; however, State Contracti ng Manual Section 3.05 requires, in part, that “the agreement must include a copy of the resolution, order, motion, or ordinance of the local governing body, which by law has authority to enter into the proposed agreement, authorizing execution of the agreement. ” Council authorization approving execution of this agreement will satisfy the requirements of the State Contracting Manual, as required by CDCR.

FISCAL IMPACT:

Revenue to the City of Palm Springs from this agreement will be approximately $18,120.

No matching funds are required and there will be no impact to the General Fund.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Scott Stiles

ATTACHMENTS:

A.) CDCR Firing Range Services Agreement – C5612971/25G266

Item 1Q - Page 2

ATTACHMENT A
Item 1Q - Page 3
Item 1Q - Page 4
Docusign Envelope ID: 48268A9D -C570-4D83 -8E0B-F2D0C3C7697F ID: 5225-(5612971 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .----------------.----------------,

STANDARD AGREEMENT AGREEMENT NUMBER
(5612971
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTOR NAME

CITY OF PALM SPRINGS POLICE DEPARTMENT

2. The tenTl of this Agreement is:

START DATE
Upon Approval

THROUGH END DATE
June 30, 2028

3. The maximum amount of this Agreement is:
$18, 120.00 (Eighteen Thousand, One Hundred Twenty Dollars and Zero Cents)

4. The parties agree to comply with the terms and condit ions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Details and Payment Provisions
Exhibit B-1 Rate Sheet
+
-
Exhibit(* General Terms and Conditions
-
+
-
ExhibitD Special Terms and Conditions for Public Entity Agreements -
+
-
Exhibit E CDCR 2301 PREA Policy Information for Volunteers and Contractors -
+ Attachment
- Firearm and Range Safety Rules (CDCR 2281)
- 1
Items shown with an asterisk(*), are hereby incorporated by reference and made part ot this agreement as it attacnea hereto.

These documents can be viewed at https:llwww.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF PALM SPRINGS POLICE DEPARTMENT

CONTRACTOR BUSINESS ADDRESS
3200 E. Tahquitz Canyon

PRINTED NAME OF PERSON SIGNING
SCOTT C. STILES

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Palm Springs
ffiLE
City Manager

DATE SIGNED
Pages
3 2
1 *(GTC 02/2025) *
15 3
1 STATE ZIP
CA 92262
rs:;is~~s 8/22/2025
' V.Jf .., ..,..,.., · vi;;; ..,""T - .., . . ,

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F D: 5225-(5612971 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~-------------~

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME

AGREEMENT NUMBER
(5612971

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CONTRACTING AGENCY ADDRESS
9838 Old Placerville Road, Suite B-2

PRINTED NAME OF PERSON SIGNING

ROSLYN SKUNDBERG

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
PURCHASING AUTHORllY NUMBER (If Applicable)
CllY STATE ZIP
Sacramento CA 95827
TITLE
Staff Services Manager I, Service Contracts Section

DATE SIGNED
EXEMPTION (If Applicable)

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Scope of Work

FIRING RANGE SERVICES
I. INTRODUCTION
Agreement Number C5612971
Exhibit A
The Contractor shall provide use of firing range facilities located at 200 South Civic Drive, Palm Springs, CA 92262, to the California Department of Corrections and Rehabilitation (CDCR), Division of Adult Parole Operations (DAPO), Southern Region staff.

In order to accommodate all agents, it is necessary to have access to monthly use of the firing range when scheduled.

Regular Requalification: Parole Agents are required to re-qualify for regular shooting once per quarter (1st qtr. July - September, 2nd qtr. October - December, 3rd qtr. January - March and 4th qtr. April - June).

Night Firearms Requalification: Parole Agents are required to re-qualify for night shooting once per year during the fourth quarter only (October, November and December).

II. CONTRACTOR RESPONSIBILITIES
A The range shall be available to DAPO for monthly, quarterly, and evening use, as needed. The actual dates and times for use of the range shall be mutually agreed upon by the DAPO Regional Training Coordinator and Contractor's Chief Range Master.

B. The Firearm and Range Safety Rules CDCR 2281 (Attachment 1) must be followed at all times by all personnel using the range facility. The Contractor's Range Master has final authority on the range for reasonable interpretation of those rules, and reserves the right to order any individual who repeatedly fails or refuses to abide by those rules to leave the range facility.

Any further disputes or issues of this nature will be addressed between the Contractor and using agency, with a goal of resolution for the mutual benefit of both the Contractor and agency.

C. The Contractor's range shall accommodate a minimum of five (5} shooters at any one time per shooting session. The facility will include telephone access for emergencies, classrooms and restroom access. Contractor will make a good faith effort to accommodate at least five (5) shooters on a first-come, first-serve basis at any one time; however, said accommodation will be as scheduled, in advance.

D. The Contractor shall provide classrooms for firearm classes, tactical training and demonstrations, conducted by DAPO Range Masters. Classroom usage shall be provided at no additional charge to the State.

E. The Contractor shall provide safety equipment such as hearing protection and safety glasses.

The DAPO may provide their own safety equipment if desired, provided it meets Contractor's specifications and approval.

F. The Contractor shall provide storage facilities located within the range compound for DAPO target equipment and other related equipment, at no additional charge to the State.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department Agreement Number C5612971 Exhibit A California Department of Corrections and Rehabilitation Scope of Work
G. Use of the facilities shall be limited to employees of the DAPO and authorized training personnel. All employees using the range are subject to range safety rules (see Attachment 1) established by the Contractor and orders of the Contractor, while exercising the privileges of this Agreement.

H. DAPO will act as their own Range Masters/Firearms Instructor to run training qualification shoots, and will provide all target materials and ammunition to be utilized or expended. No exposed lead bullets will be allowed for use at the Contractor's indoor facility. Only jacketed hollow point, total metal jacket or full metal jacket bullets are authorized; twelve (12) gauge shotgun lead pellets or slugs may be used.

I. Contractor's obligation to provide access to and use of the firing range facilities under this Agreement shall be suspended during any period in which the range is undergoing scheduled remodeling or is otherwise rendered unavailable due to construction activities. The contractor shall provide CDCR with reasonable advance notice of the commencement and anticipated duration of such unavailability. Contractor and CDCR acknowledge that the remodel may render the firing range facilities inaccessible for up to twelve ( 12) months. No compensation or liability shall accrue to Contractor or CDCR during such period of suspension, and the term of this Agreement shall not be extended as a result thereof, unless otherwise agreed in writing.

II. MONTHLY USE
Ill.

A The range will be available to DAPO, when scheduled from 8:00am to 5:00pm. If additional dates are required, DAPO will give the Contractor written notice, at least two (2) weeks in advance, of its intent to exclusively use the range and specifying the dates and times of use.

B. There will be an average of ten (10) to fifteen (15) shooters per session and the maximum of forty five (45) to fifty (50) shooters per month. During the months of October, November and December, DAPO will anticipate night shooters on an average of ten (10) to fifteen (15) shooters per month.

QUARTERLY WEEKEND USE
If needed, the range will be available to DAPO one (1) weekend per quarter when scheduled.

During the weekend, the range will be available for two (2) sessions (Saturday and Sunday, 8 hours per day).

IV. CDCR CONTACT INFORMATION
Should questions or problems arise during the term of this Agreement, the Contractor should contact the following offices:
• Billing/Payment Issues:

Headquarters Accounting Services
Phone Number: (916) 255-2042
Fax Number: (916) 445-2425

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Scope of Work
• Scope of Service/Performance Issues:

Division of Adult Parole Operations
Southern Region Headquarters
Phone Number: (909) 468-2300 Ext 236
Fax Number: (909) 468-2310
• General Contract Issues
Office of Business Services
Contracts Management Branch
Phone Number: (279) 210-3481
Email: m_ [email protected]. gov
• Contractor Information
Name: Melissa Cain
Business: City of Palm Springs Police Department
Agreement Number C5612971
Exhibit A
Address : 3200 E. Tahquitz Canyon, Palm Springs, CA 92262 Phone: (760) 323-8128
Email: Melissa.Cain@palmspringsca .gov

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department Agreement Number C5612971 Exhibit B California Department of Corrections and Rehabilitation Budget Details and Payment Provisions
Rev. 08/2024

1. 2.

Invoicing and Payment
a. For services satisfactorily rendered, and upon receipt and approval of Contractor's invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein on Exhibit B-1 Rate Sheet, and made a part of this Agreement. Exhibit B-1 Rate Sheet shall remain in force for the stated term of this Agreement and shall include every item of expense, direct and indirect, including taxes incidental to the specified rates.
b. Invoices shall include the Agreement number and Purchase Order number and shall be submitted not more frequently than monthly in arrears to the address provided below. Invoices shall be itemized, separating parts and labor. Labor hours shall be clearly listed and according to actual hours in which services were performed. Approved estimates, Service Reports, parts receipts, and/or subcontractor receipts shall accompany the invoice to the State. Payment will be for actual expenses only, not estimated costs.
c. The Contractor also has the option to submit their invoices electronically to the appropriate email address listed below. The Contractor must use the name on the Agreement and the Agreement Number on the subject line of the email. The email must include an attached PDF file of the invoice, in accordance with the information above, and must reference the institution acronym and invoice number. Separate emails shall be sent for contracts with more than one participating institution, facility, office and/or site with the invoice information as stated above.

California Department of Corrections and Rehabilitation ASB - Sacramento
Attention: Accounts Payable A
P.O. Box 187015
Sacramento, CA 95818-7015
For electronic submission, send invoices to:

[email protected]
Budget Contingency Clause
a. It is mutually agreed that if the California State Budget Act for the current fiscal year and/or any subsequent fiscal years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor, or to furnish any other considerations under this Agreement, and Contractor shall not be obligated to perform any provisions of this Agreement.
b. If funding for the purposes of this program is reduced or deleted for any fiscal year by the California State Budget Act, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Contractor to reflect the reduced amount.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department Agreement Number C5612971 Exhibit B California Department of Corrections and Rehabilitation Budget Details and Payment Provisions
Rev. 08/2024

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.

4. Subcontractors
Nothing contained in this Agreement, or otherwise, shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of Contractor's responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

When a subcontractor is utilized, the subcontractor must provide a detailed, itemized receipt that adheres to the terms of this Agreement. Under no circumstances will the Contractor be allowed to mark up or manipulate the hours of the quote provided by the subcontractor in order to cover additional expenses. The quote from the subcontractor and Contractor must adhere to the rates identified in the Exhibit B-1, Rate Sheet. There will be no additional compensation for any work that is performed by a subcontractor that was not identified on the Exhibit A, Scope of Work.

5. Advanced Payment for Non-Profit Organizations
Pursuant to Government Code Section (GC) 11019, upon review and approval of CDCR, the Contractor may request an advance payment for the fiscal year(s) covered by this agreement, which shall not exceed twenty five percent (25%) of the annual budget for each fiscal year. The CDCR will review and determine the need for an advance payment using the criteria contained in the department's procedures for advance payments to Community-Based, Private, Non-Profit Organizations, CDCR shall recover one-twelfth (1/12) of the advance payment each month by the reduction of monthly invoices submitted for payment by the Contractor in accordance with the project budget amount for each fiscal year of the agreement.

6. City/County Rate Increase
It is understood that the city/county may regulate some or all of the Contractor's rates for services. In the event the city/county increases the rates that directly affect the services provided in this Agreement, the Contractor may, once during the term of the Agreement, request from the State an increase in the rates stated in this Agreement. The Contractor must submit a written request to the State with a copy of the resolution from the city/county listing the prior rates and new rates and effective date of the new rates.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Rate Sheet
Firing Range Services
Upon Aooroval through June 30 2026
'
Description Rate Per Hour X Est No. of Hours
(for contract term)
Regular and Night $151 X 40 Requalification
July 1, 2026 through June 30, 2027
Description Rate Per Hour X Est No. of Hours
(for contract term)
Regular and Night $151 X 40 Requalification
July 1, 2027 throui:ih June 30, 2028
Description Rate Per Hour X Est No. of Hours
(for contract term)
Regular and Night $151 X 40 Requalification

TOTAL AGREEMENT
Note:
=
=
=
=
=
=
Agreement Number C5612971
Exhibit 8-1
Total
$6,040 .00
Total
$6,040 .00
Total
$6,040 .00
$18,120.00
The Contractor shall provide storage facilities located within the range compound for DAPO target equipment and other related equipment at no additional charge to the State.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D

1. Contract Disputes with Public Entities (Supersedes provision number 6, Disputes, of Exhibit C)
As a condition precedent to Contractor's right to institute and pursue litigation or other legally available dispute resolution process, if any, Contractor agrees that all disputes and/or claims of Contractor arising under or related to the Agreement shall be resolved pursuant to the following processes. Contractor's failure to comply with said dispute resolution procedures shall constitute a failure to exhaust administrative remedies.

Pending the final resolution of any such disputes and/or claims, Contractor agrees to diligently proceed with the performance of the Agreement, including the delivering of goods or providing of services. Contractor's failure to diligently proceed shall constitute a material breach of the Agreement.

The Agreement shall be interpreted, administered, and enforced according to the laws of the State of California. The parties agree that any suit brought hereunder shall have venue in Sacramento, California, the parties hereby waiving any claim or defense that such venue is not convenient or proper.

A county, city, district or other local public body, state board or state commission, another state or federal agency, or joint-powers authority shall resolve a dispute with CDCR, if any, through a meeting of representatives from the entities affected. If the dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter pursue its right to institute litigation or other dispute resolution process, if any, available under the laws of the State of California.

2. Confidentiality of Data
All financial, statistical, personal, technical and other data and information relating to State's operation, which are designated confidential by the State and made available to carry out this Agreement, or which become available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure.

If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used with the written consent of the State. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data already rightfully in the Contractor's possession that is independently developed by the Contractor outside the scope of the Agreement or is rightfully obtained from third parties.

No reports, information, inventions, improvements, discoveries, or data obtained, repaired, assembled, or developed by the Contractor pursuant to this Agreement shall be released, published, or made available to any person (except to the State) without prior written approval from the State.

Contractor by acceptance of this Agreement is subject to all of the requirements of California Government Code Section 11019.9 and California Civil Code Sections 1798, et seq., regarding the collection, maintenance, and disclosure of personal and confidential information about individuals.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

3. Accounting Principles
Agreement Number C5612971
Exhibit D
The Contractor will adhere to generally accepted accounting principles as outlined by the American Institute of Certified Public Accountants. Dual compensation is not allowed; a contractor cannot receive simultaneous compensation from two or more funding sources for the same services performed even though both funding sources could benefit.

4. Taxes
Unless required by law, the State of California is exempt from federal excise taxes.

5. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C) The parties hereto agree that either party may cancel this Agreement by giving the other party written notice thirty (30) days in advance of the effective date of such cancellation. In the event of such termination, the State agrees to pay Contractor for actual services rendered up to and including the date of termination.

The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

6. Contract Suspension
Notwithstanding any other provisions of this Agreement, pursuant to a Governor's Executive Order or equivalent directive, such as a court order or an order from a federal or state regulatory agency, mandating the suspension of state contracts, the State may issue a Suspension of Work Notice. The Notice shall identify the specific Executive Order or directive and the Agreement number(s) subject to suspension. Unless specifically stated otherwise, all performance under the Agreement(s) must stop immediately upon receipt of the Notice. During the period of contract suspension, Contractor is not entitled to any payment for the suspended work. Once the order suspending state contracts has been lifted, a formal letter from the Department will be issued to the Contractor to resume work.

7. Extension of Term
When it is determined to be in the best interest of the State, this Agreement may be amended to extend the term at the rates agreed upon by CDCR and the Contractor.

8. Contractor Employee Misconduct
During the performance of this Agreement, it shall be the responsibility of the Contractor whenever there is an incident of use of force or allegation(s) of employee misconduct associated with and directly impacting incarcerated individual and/or parolee rights, to immediately notify the CDCR of the incident(s), to cause an investigation to be conducted, and to provide CDCR with all relevant information pertaining to the incident(s). All relevant information includes, but is not limited to: a) investigative reports; b) access to incarcerated

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
individuals/parolees and the associated staff; c) access to employee personnel records; d) that information reasonably necessary to assure CDCR that incarcerated individuals and/or parolees are not or have not been deprived of any legal rights as required by law, regulation, policy and procedures; and e) written evidence that the Contractor has taken such remedial action, in the event of unnecessary or excessive force, or employee misconduct with incarcerated individuals and/or parolees, as will assure against a repetition of incident(s) or retaliation. To the extent that the information provided by the Contractor fails to so assure CDCR, CDCR may require that any implicated Contractor staff be denied access to and the supervision of CDCR incarcerated individuals and/or parolees at the facility and access to incarcerated individual and/or parolee records. Notwithstanding the foregoing, and without waiving any obligation of the Contractor, CDCR retains the power to conduct an independent investigation of any incident(s). Furthermore, it is the responsibility of the Contractor to include the foregoing terms within any and all subcontracts, requiring that subcontractor(s) agree to the jurisdiction of CDCR to conduct an investigation of their facility and staff, including review of subcontractor employee personnel records, as a condition of the Agreement.

9. Subcontracting
Services provided are to be performed primarily with the staff of the public entity or, in the case of educational institutions, auxiliaries or foundations, by the faculty, staff or students associated with the particular institution. Agreements are not to be used by state agencies to circumvent the competitive bidding requirements of Public Contract Code Section 10340.

If more that twenty-five (25) percent of the total contract amount or $50,000.00, whichever is less, is subcontracted, non-competitive bid approval must be obtained from the Secretary of CDCR and the Department of General Services prior to the commencement of services, unless the subcontract was competitively bid or the subcontractor(s) also qualifies as a state agency, governmental agency, or joint power.

10. Subcontractor/Consultant Information
Contractor is required to identify all subcontractors and consultants who will perform labor or render services in the performance of this Agreement. Additionally, the Contractor shall notify the Department of Corrections and Rehabilitation, Office of Business Services, in writing, within ten (10) working days, of any changes to the subcontractor and/or consultant information.

11. Liability for Nonconforming Work
The Contractor will be fully responsible for ensuring that the completed work conforms to the agreed upon terms. If nonconformity is discovered prior to the Contractor's deadline, the Contractor will be given a reasonable opportunity to cure the nonconformity. If the nonconformity is discovered after the deadline for the completion of the project, CDCR, in its sole discretion, may use any reasonable means to cure the nonconformity. The Contractor shall be responsible for reimbursing CDCR for any additional expenses incurred to cure such defects.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

12. Temporary Nonperformance
Agreement Number C5612971
Exhibit D
Except as otherwise provided in the Exhibit A, Scope of Work, if, because of mechanical failure or for any other reason, the Contractor shall be temporarily unable to perform the work as required, the State, during the period of the Contractor's inability to perform, reserves the right to accomplish the work by other means and shall be reimbursed by the Contractor for any additional costs above the Agreement price.

13. Contract Violations
The Contractor acknowledges that any violation of Chapter 2, or any other chaptered provision of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC Sections 10420 through 10425.

14. Employment of Ex-Offenders
Contractor cannot and will not either directly, or on a subcontract basis, employ in connection with this Agreement:
a. Ex-Offenders on active parole or probation, who have been on active parole or probation during the last three years preceding their employment;

1. Contractor shall only employ ex-offenders who can provide written evidence of having satisfactorily completed parole or probation, and who have remained off parole or probation, and have had no arrests or convictions within the past three years. b. Ex-offenders convicted of drug trafficking in a prison/jail; escape or aiding/abetting escape; battery on a Peace Officer or Public Official; arson offenses; or, any violations of Penal Code Sections 4570-4574 (unauthorized Communications with Prisons and Prisoners Offenses).
c. Ex-Offenders are required to register as a sex offender pursuant to Penal Code Section 290.
d. Any ex-offender who has an offense history involving a "violent felony" as defined in subparagraph (c) of Penal Code Section 667.5; or
e. Any ex-offender in a position which provides direct supervision of parolees.

An ex-offender whose assigned duties involve administrative or policy decision-making, accounting, procurement, cashiering, auditing, or any other business-related administrative function shall be fully bonded to cover any potential loss to the State or contractor. Evidence of such bond shall be supplied to CDCR prior to employment of the ex-offender.

15. Conflict of Interest
The Contractor and their employees shall abide by the provisions of Government Code (GC) Sections 1090, 81000 et seq., 82000 et seq., 87100 et seq., and 87300 et seq., Public Contract Code (PCC) Sections 10335 et seq. and 10410 et seq., California Code of

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
Regulations (CCR), Title 2, Section 18700 et seq. and Title 15, Section 3409, and the Department Operations Manual (DOM) Section 31100 et seq. regarding conflicts of interest. a. Contractors and Their Employees
Consultant contractors shall file a Statement of Economic Interests, Fair Political Practices Commission (FPPC) Form 700 prior to commencing services under the Agreement, annually during the life of the Agreement, and within thirty (30) days after the expiration of the Agreement. Other service contractors and/or certain of their employees may be required to file a Form 700 if so requested by the CDCR or whenever it appears that a conflict of interest may be at issue. Generally, service contractors (other than consultant contractors required to file as above) and their employees shall be required to file an FPPC Form 700 if one of the following exists:
(1) The Agreement service has been identified by the CDCR as one where there is a greater likelihood that a conflict of interest may occur; (2) The Contractor and/or Contractor's employee(s), pursuant to the Agreement, makes or influences a governmental decision; or
(3) The Contractor and/or Contractor's employee(s) serves in a staff capacity with the CDCR and in that capacity participates in making a governmental decision or performs the same or substantially all the same duties for the CDCR that would otherwise be performed by an individual holding a position specified in the CDCR's Conflict of Interest Code.
b. Current State Employees
(1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
(2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. (3) In addition to the above, CDCR officials and employees shall also avoid actions resulting in or creating an appearance of:
(a) Using an official position for private gain;
(b) Giving preferential treatment to any particular person; (c) Losing independence or impartiality;
(d) Making a decision outside of official channels; and (e) Affecting adversely the confidence of the public or local officials in the integrity of the program.
(4) Officers and employees of the Department must not solicit, accept or receive, directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the State. c. Former State Employees
(1) For the two year (2-year) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Agreement while employed in any capacity by any state agency.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
(2) For the twelve-month (12-month) period from the date he or she left state employment, no former state officer or employee may enter into an Agreement with any state agency if he or she was employed by that state agency in a policy­ making position in the same general subject area as the proposed Agreement within the 12-month period prior to his or her leaving state service.

In addition to the above, the Contractor shall avoid any conflict of interest whatsoever with respect to any financial dealings, employment services, or opportunities offered to incarcerated individuals or parolees. The Contractor shall not itself employ or offer to employ incarcerated individuals or parolees either directly or indirectly through an affiliated company, person or business unless specifically authorized in writing by CDCR. In addition, the Contractor shall not (either directly, or indirectly through an affiliated company, person or business) engage in financial dealings with incarcerated individuals or parolees, except to the extent that such financial dealings create no actual or potential conflict of interest, are available on the same terms to the general public, and have been approved in advance in writing by CDCR. For the purposes of this paragraph, "affiliated company, person or business" means any company, business, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind which has any ownership or control interest whatsoever in the Contractor, or which is wholly or partially owned (more than 5% ownership) or controlled (any percentage) by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders, either directly or indirectly. "Affiliated companies, persons or businesses" include, but are not limited to, subsidiary, parent, or sister companies or corporations, and any company, corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or other person or business entity of any kind that is wholly or partially owned or controlled, either directly or indirectly, by the Contractor or by the Contractor's owners, officers, principals, directors and/or shareholders.

The Contractor shall have a continuing duty to disclose to the State, in writing, all interests and activities that create an actual or potential conflict of interest in performance of the Agreement.

The Contractor shall have a continuing duty to keep the State timely and fully apprised in writing of any material changes in the Contractor's business structure and/or status. This includes any changes in business form, such as a change from sole proprietorship or partnership into a corporation or vice-versa; any changes in company ownership; any dissolution of the business; any change of the name of the business; any filing in bankruptcy; any revocation of corporate status by the Secretary of State; and any other material changes in the Contractor's business status or structure that could affect the performance of the Contractor's duties under the Agreement.

If the Contractor violates any provision of the above paragraphs, such action by the Contractor shall render this Agreement void.

Members of boards and commissions are exempt from this section if they do not receive payment other than payment for each meeting of the board or commission, payment for preparatory time and payment for per diem.

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Item 1Q - Page 18
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

16. Compliance with Legal Requirements
Agreement Number C5612971
Exhibit D
The Contractor shall be aware of and comply with all Federal and State statutes, rules, regulations, and CDCR policies and directives ("CDCR Policies") applicable to the Contract.

CDCR policies shall include, but are not limited to the Department Operations Manual (DOM), California Code of Regulations Title 15, any policy memoranda issued by the CDCR Secretary or jointly with the Receiver, California Correctional Health Care Services (CCHCS), and any similar department-wide guidance that may be issued by proper authority, of which the Contractor has been informed by CDCR or has been published on the CDCR public internet web site, CDCR.ca.gov.

17. Executive Order N-6-22 - Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

18. Travel
Contractor's rates shall include all travel expenses required to perform services in accordance with this contract.

19. Notification of Personnel Changes
Contractor must notify the State, in writing, of any changes of those personnel allowed access to State premises for the purpose of providing services under this Agreement. In addition, Contractor must recover and return any State-issued identification card provided to Contractor's employee(s) upon their departure or termination.

20. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance-through the Department of Justice, Bureau of Criminal Identification and Information (BCll)-prior to award and at any time during the term of the Agreement, in order to permit Contractor (and/or Contractor employee) access to State premises. The State further reserves the right to terminate the Agreement should a threat to security be determined.

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Item 1Q - Page 19
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

21. Computer Software
Agreement Number C5612971
Exhibit D
Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

22. Expendable Equipment
Expendable equipment is defined as expendable items which change with use and have a unit acquisition cost of less than $5,000 per unit (i.e. fax machines, computers, printers, etc.). Title to any expendable equipment purchased or built with State funds as part of this agreement will vest in the State. The Contractor must retain a listing of expendable equipment purchases that are considered "theft-sensitive" items, such as cameras, calculators, two-way radios, computer equipment, etc., for audit purposes. Upon completion or termination of the agreement, Contractors are required to leave all expendable equipment for use by subsequent contractors or for the State to dispose of accordingly. The State may authorize the continued use of such equipment for work to be performed under a different agreement.

The cost of expendable equipment purchased should be comparable to the prevailing price for similar items in the surrounding area.

23. Electronic Waste Recycling
The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance.

24. Liability for Loss and Damages
Any damages by the Contractor to the State's facility including equipment, furniture, materials or other State property, will be repaired or replaced by the Contractor to the satisfaction of the State at no cost to the State. The State may, at its option, repair any such damage and deduct the cost thereof from any sum due Contractor under this Agreement.

25. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for injuries inflicted by incarcerated individuals or parolees of the State. The State agrees to disclose to the Contractor any statement(s) known made by any incarcerated individual or parolee which indicate violence may result in any specific situation, and the same responsibility will be shared by the Contractor in disclosing such statement(s) to the State.

26. Additional Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for any injuries caused by exposure to any blood borne pathogens, aerosol transmissible diseases,

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
or communicable diseases. Contractor agrees that it shall comply fully with all applicable Cal/OSHA regulations concerning protection of the Contractor's employees from diseases; including Title 8, California Code of Regulations section 5193 (Blood Borne Pathogens), and Title 8, section 5199 (Aerosol Transmissible Diseases). Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any of the Contractor's employees arising out of exposure to any blood borne pathogen, aerosol transmissible disease, or communicable disease during the Contractor's performance of the Agreement.

27. Workers' Compensation
Contractor hereby represents and warrants that Contractor is currently and shall, for the duration of this agreement, carry workers' compensation insurance, at Contractor's expense, or that it is self-insured through a policy acceptable to CDCR, for all of its employees who will be engaged in the performance of this agreement. Such coverage will be a condition of CDCR's obligation to pay for services provided under this agreement.

Prior to approval of this agreement and before performing any work, Contractor shall furnish to the State evidence of valid workers' compensation coverage. Contractor agrees that the workers' compensation insurance shall be in effect at all times during the term of this agreement. In the event said insurance coverage expires or is canceled at any time during the term of this agreement, Contractor agrees to give at least thirty (30) days prior notice to CDCR before said expiration date or immediate notice of cancellation. Evidence of coverage shall not be for less than the remainder of the term of the agreement or for a period of not less than one year. The State reserves the right to verify the Contractor's evidence of coverage. In the event the Contractor fails to keep workers' compensation insurance coverage in effect at all times, the State reserves the right to terminate this agreement and seek any other remedies afforded by the laws of this State.

Contractor also agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all of Contractor's workers' compensation claims and losses by Contractor's officers, agents and employees related to the performance of this agreement.

28. Insurance Requirements
Insurance as required herein shall be a condition of the State's obligation to pay for services provided under this Agreement. Prior to approval of this Agreement and before performing any work, Contractor and any subcontractor shall furnish to the State evidence of valid coverage. The following shall be considered evidence of coverage: A certificate of insurance, a "true and certified" copy of the policy, or any other proof of coverage issued by Contractor's insurance carrier. Binders are not acceptable as evidence of coverage.

Providing evidence of coverage to the State conveys no rights or privileges to the State, nor does it insure any State employee or insure any premises owned, leased, used by or otherwise or under the control of the State. It does, however, serve to provide the State with proof that the Contractor and any subcontractors are insured at the minimum levels required by the State of California.

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Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
Contractor agrees that any liability insurance required in the performance of this Agreement shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires or is canceled during the term of this Agreement, Contractor shall provide the State within five (5) business days of receipt by contractor a copy of any notice of cancellation or non-renewal of insurance required by the contract. Evidence of coverage required in the performance of this Agreement shall not be for less than the remainder of the term of this Agreement or for a period of not less than one year. The State and the Department of General Services (DGS) reserve the right to verify the Contractor's evidence of coverage; evidence of coverage is subject to the approval of the DGS. In the event the Contractor fails to keep insurance coverage as required herein in effect at all times, the State reserves the right to terminate this Agreement and to seek any other remedies afforded by the laws of the State of California.

Contractor hereby represents and warrants they (and any subcontractors) are currently and shall for the duration of this Agreement be insured. Contractor shall provide proof of self­ insurance against:

29. Tuberculosis {TB) Testing
In the event that the services required under this Agreement will be performed within a CDCR institution/parole office/community-based program, Contractors and their employees who are assigned to work with, near, or around incarcerated individuals/parolees shall be required to be examined and tested or medically evaluated by a licensed healthcare provider for TB in an infectious or contagious stage prior to the performance of contracted duties, and at least once a year thereafter (within 12 months of their initial or previous TB test under this contract), or more often as directed by CDCR.

Contractors and their employees who have any contact (physical or nonphysical) with incarcerated individuals/parolees, shall be required to furnish to the CDCR Program/Institution Contract Manager, at no cost to CDCR, a documented Tuberculosis (TB) evaluation/test for TB infection (Tuberculin Skin Test (TST) or a blood test Interferon Gamma Release Assay (IGRA) completed within (30) thirty days of the start date of the services and be certified to be free of TB in an infectious or contagious stage by a licensed healthcare provider prior to assuming their contracted duties and annually thereafter.

The following provisions apply to services provided on departmental and/or institution grounds:

30. Blood borne Pathogens
Provider shall adhere to California Division of Occupational Safety and Health (CAL-OSHA) regulations and guidelines pertaining to blood borne pathogens.

31. Primary Laws. Rules, and Regulations Regarding Conduct and Association with State Prison incarcerated individuals and Division of Juvenile Justice Wards Individuals who are not employees of the California Department of Corrections and Rehabilitation (CDCR), but who are working in and around incarcerated individuals who are incarcerated, or wards who are housed within California's institutions/facilities or camps, are to be apprised of the laws, rules and regulations governing conduct in associating with

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Item 1Q - Page 22
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
prison incarcerated individuals or wards. The following is a summation of pertinent information when non-departmental employees come in contact with prison incarcerated individuals or wards.

By signing this contract, the Contractor agrees that if the provisions of the contract require the Contractor to enter an institution/facility or camp, the Contractor and any employee(s) and/or subcontractor(s) shall be made aware of and shall abide by the following laws, rules and regulations governing conduct in associating with prison incarcerated individuals or wards:
a. Persons who are not employed by CDCR, but are engaged in work at any institution/facility or camp must observe and abide by all laws, rules and regulations governing the conduct of their behavior in associating with prison incarcerated individuals or wards. Failure to comply with these guidelines may lead to expulsion from CDCR institutions/facilities or camps.

SOURCE: California Penal Code (PC) Sections 5054 and 5058; California Code of Regulations (CCR), Title 15, Sections 3285 and 3415, and California Welfare and Institutions Code (WIC) Section 1712.
b. CDCR does not recognize hostages for bargaining purposes. CDCR has a "NO HOSTAGE" policy and all prison incarcerated individuals, wards, visitors, and employees shall be made aware of this.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3304 and Title 9, Section 30936; WIC
Section 1712.
c. All persons entering onto institution/facility or camp grounds consent to search of their person, property or vehicle at any time. Refusal by individuals to submit to a search of their person, property, or vehicle may be cause for denial of access to the premises.

SOURCE: PC Sections 2601, 5054 and 5058; CCR, Title 15, Sections 3173, 3177, 3288, and Title 9, Sections 30275 and 30958: WIC 1712.
d. Persons normally permitted to enter an institution/facility or camp may be barred, for cause, by the CDCR Director, Warden, and/or Regional Parole Administrator.

SOURCE: PC Sections 5054 and 5058; CCR, Title 15, Section 3176 (a) and Title 9, Section 30275; WIC Section 1712.
e. It is illegal for an individual who has been previously convicted of a felony offense to enter into CDCR adult institutions/facilities or camps, or youth institutions/facilities or camps in the nighttime, without the prior approval of the Warden or officer in charge.

It is also illegal for an individual to enter onto these premises for unauthorized purposes or to refuse to leave said premises when requested to do so. Failure to comply with this provision could lead to prosecution.

SOURCE: PC Sections 602, 4570.5 and 4571; CCR, Title 15, Sections 3173 and 3289; WIC Section 1001.7.

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Item 1Q - Page 23
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
f. Encouraging and/or assisting prison incarcerated individuals to escape, is a crime. It is illegal to bring firearms, deadly weapons, explosives, tear gas, drugs or drug paraphernalia on CDCR institutions/facilities or camp premises. It is illegal to give prison incarcerated individuals or wards firearms, explosives, alcoholic beverages, narcotics, or any drug or drug paraphernalia, including cocaine or marijuana. It is illegal to give wards sex oriented objects or devices, and written materials and pictures whose sale is prohibited to minors.

SOURCE: PC Sections 2772, 2790, 4533, 4535, 4550, 4573, 4573.5, 4573.6 and 4574; WIC Section 1152, CCR, Title 9, sections 30976 and 30945; WIC Section 1001.5.
g. It is illegal to give or take letters from incarcerated individuals or wards without the authorization of the Warden or officer in charge. It is also illegal to give or receive any type of gift and/or gratuities from prison incarcerated individuals or wards.

SOURCE: PC Sections 2540, 2541 and 4570; CCR, Title 15, Sections 3010, 3399, 3401, 3424, 3425 and Title 9, Section 31609; WIC Section 1712. h. In an emergency situation the visiting program and other program activities may be suspended.

SOURCE: PC Section 2601; CCR, Title 15, Section 3383, and Title 9, Sections 30935 and 30275.
i. For security reasons, visitors must not wear clothing that in any way resembles state issued prison incarcerated individual or ward clothing (blue denim shirts, blue denim pants).

SOURCE: CCR, Title 15, Section 3174 (b) (1) and Title 9, Section 30275. j. Interviews with SPECIFIC INCARCERATED INDIVIDUALS are not permitted.

Conspiring with an incarcerated individual to circumvent policy and/or regulations constitutes a rule violation that may result in appropriate legal action. Interviews with individual wards are permitted with written consent of each ward if he is 18 years of age or older, or with written consent of a parent, legal guardian, or committing court, if 17 years of age or younger.

SOURCE: CCR, Title 15, Sections 3261.5, 3315 (a) (3) (X), and 3177 and Title 9, Section 311 00(a)(1 ).

32. Clothing Restrictions
While on institution grounds, Contractor and all its agents, employees, and/or representatives shall be professionally and appropriately dressed in clothing distinct from that worn by incarcerated individuals at the institution. Specifically, blue denim pants and blue chambray shirts, orange/red/yellow/white/chartreuse jumpsuits and/or yellow rainwear shall not be worn onto institution grounds, as this is incarcerated individual attire. Contractor should contact the institution regarding clothing restrictions prior to requiring access to the institution to assure the Contractor and their employees are in compliance.

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Item 1Q - Page 24
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025

33. Tobacco-Free Environment
Agreement Number C5612971
Exhibit D
Pursuant to Penal Code Section 5030.1, the use of tobacco products by any person on the grounds of any institution or facility under the jurisdiction of the Department of Corrections and Rehabilitation is prohibited.

34. Prison Rape Elimination Policy
CDCR maintains a zero tolerance for sexual misconduct in its institutions, community correctional facilities, conservation camps and for all offenders under its jurisdiction. All sexual misconduct is strictly prohibited.

CDCR is committed to providing a safe, humane, secure environment, free from sexual misconduct. This will be accomplished by maintaining a program to ensure education/prevention, detection, response, investigation and tracking of sexual misconduct and to address successful community re-entry of the victim.

All Contractors and their employees are expected to ensure compliance with this policy as described in Department Operations Manual, Chapter 5, Article 44.

If you are providing services for the confinement of our incarcerated individuals, you and your staff are required to adopt and comply with the PREA standards, 28 Code of Federal Regulations (CFR) Part 115 and with CDCR's Department Operations Manual, Chapter 5, Article 44, including updates to this policy. This will include CDCR staff and outside audit personnel (who also conduct PREA audits of state prisons) conducting audits to ensure compliance with the standards.

As a Contractor with CDCR, you shall not assign an employee to a CDCR facility or assign an employee to duties if that employee will have contact with CDCR incarcerated individuals, if that employee has 1) engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C. 1997); 2) been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or 3) has been civilly or administratively adjudicated to have engaged in the activity described in this section.

The Contractor shall conduct a criminal background records check for each contract employee who will have contact with CDCR incarcerated individuals and retain the results for audit purposes. By signing this contract the Contractor agrees to ensure that all of the mandates of this Prison Rape Elimination Policy are complied with. Material omissions, by the contract employee, regarding such misconduct or the provision of materially false information, shall be grounds for removal from institutional grounds.

Contract employees, who have contact with incarcerated individuals, shall be provided training via the Exhibit titled; "PRISON RAPE ELIMINATION POLICY, Volunteer/Contractor Informational Sheet" to learn their responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. A copy of this signed informational sheet will be provided to the institution before a contract employee may have contact with incarcerated individuals.

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Item 1Q - Page 25
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
Any contract employee who appears to have engaged in sexual misconduct of an incarcerated individual shall be prohibited from contact with incarcerated individuals and shall be subject to administrative and/or criminal investigation. Referral shall be made to the District Attorney unless the activity was clearly not criminal. Reportable information shall be sent to relevant licensing bodies.

35. Security Regulations
a. Unless otherwise directed by the entrance gate officer and/or Contract Manager, the Contractor, Contractor's employees and subcontractors shall enter the institution through the main entrance gate and park private and nonessential vehicles in the designated visitor's parking lot. Contractor, Contractor's employees and subcontractors shall remove the keys from the ignition when outside the vehicle and all unattended vehicles shall be locked and secured while on institution grounds. b. Any State- and Contractor-owned equipment used by the Contractor for the provision of contract services, shall be rendered temporarily inoperative by the Contractor when not in use, by locking or other means unless specified otherwise. c. In order to maintain institution safety and security, periodic fire prevention inspections and site searches may become necessary and Contractor must furnish keys to institutional authorities to access all locked areas on the worksite. The State shall in no way be responsible for Contractor's loss due to fire. d. Due to security procedures, the Contractor, Contractor's employees and subcontractors may be delayed at the institution vehicle/pedestrian gates and sally ports. Any loss of time checking in and out of the institution gates and sally ports shall be borne by the Contractor.
e. Contractor, Contractor's employees and subcontractors shall observe all security rules and regulations and comply with all instructions given by institutional authorities. f. Electronic and communicative devices such as pagers, cell phones and cameras/microcameras are not permitted on institution grounds. g. Contractor, Contractor's employees and subcontractors shall not cause undue interference with the operations of the institution.
h. No picketing is allowed on State property.

36. Gate Clearance
Contractor and Contractor's employee(s) and/or subcontractor(s) must be cleared prior to providing services. The Contractor will be required to complete a Request for Gate Clearance for all persons entering the facility a minimum of ten (10) working days prior to commencement of service. The Request for Gate Clearance must include the person's name, social security number, valid state driver's license number or state identification card number and date of birth. Information shall be submitted to the Contract Liaison or his/her designee. CDCR uses the Request for Gate Clearance to run a California Law Enforcement

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Item 1Q - Page 26
Docusign Envelope ID: 48268A9D-C570-4D83-8E0B-F2D0C3C7697F City of Palm Springs Police Department
California Department of Corrections and Rehabilitation Special Terms and Conditions for Public Entity Agreements Rev. 02/2025
Agreement Number C5612971
Exhibit D
Telecommunications System (CLETS) check. The check will include Department of Motor Vehicles check, Wants and Warrants check, and Criminal History check.

Gate clearance may be denied for the following reasons: Individual's presence in the institution presents a serious threat to security, individual has been charged with a serious crime committed on institution property, inadequate information is available to establish positive identity of prospective individual, and/or individual has deliberately falsified his/her identity.

All persons entering the facilities must have a valid state driver's license or photo identification card on their person.

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CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVE AMENDMENT NO. 4 TO AGREEMENT NO. 23S172 WITH

GRANICUS, LLC FOR ENGAGEMENTHQ UNLIMITED

FROM: Scott C. Stiles, City Manager

BY: Department of Communications

SUMMARY:

This action will approve Amendment No. 4 to Agreement No. 23S172 with Granicus LLC in the amount of $ 139,834.27, for a revised contract amount not to exceed $247,373 , exercising the renewal term and extending the term an additional three (3) years through August 1, 2028, for EngagementHQ Unlimited.

RECOMMENDATION:

1) Approve Amendment No. 4 to Agreement 23S172 (Attachment A) with Granicus, LLC for EngagementHQ Unlimited for an additional amount of $139,834.27 and a revised contract amount not to exceed $ 247,373, and extend the term through August 1, 2028.

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

BACKGROUND:

The City requires the services of a web designer to implement a community engagement platform that will assist the City's communications team.

Therefore, the City approved a Contract Services Agreement (23S172) with Granicus, LLC on August 2, 2023, to provide web design services for the development and implementation of a community engagement platform for a not to exceed amount of $33,550 through August 1, 2025.

On August 9, 2023, the Parties entered into Amendment No. 1 to add an additional $231.25 for a revised total contract amount not to exceed $33,781.25.

Item 1R - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Amend EngagementHQ Unlimited

On February 25, 2025, the Parties entered into Amendment No. 2 to provide term extension options; modify Exhibit “A” Scope of Services/Work including Schedule of Fees and Schedule of Performance to upgrade the City’s website and provide state of the art government experience services cloud enhanced set-up, configuration, ADA compliance and training, web experience – enhanced package, and ongoing subscription services for an additional $73,757.48, and a revised contract amount not to exceed $107,538.73.

On June 23, 2025, the Parties entered into Amendment No. 3 to modify the Schedule of Fees to expand the migration package for the Police Department, Special Program Compliance and the City Clerk due to the large number of subpages needing to be available to the public, for an additional $24,947.70, and a revised contract amount not to exceed $132,486.43.

STAFF ANALYSIS:

Staff are requesting approval of Amendment No. 4 in the amount of $139,834.27 for a revised contract amount not to exceed $247,373 and a revised term of August 2, 2023, continuing through August 1, 2028.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the City Council’s four Broad Goals including Economic Development, Public Safety and Community Services, Infrastructure and Facilities, and Housing.

FISCAL IMPACT:

Sufficient funds are available in the Department of Com munications account number 1001050 40105 for FY26-28.

REVIEWED BY:

Department Director: Amy Blaisdell
Procurement & Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 4
B. Public Integrity Disclosure

Item 1R - Page 2

ATTACHMENT A

Item 1R - Page 3

CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:

Company Name:

Company Contact:

Email:

Summary of Services:

Contract Price:

Contract Term:

Public Integrity/ Business
Disclosure Forms:

Contract Administration
Lead Department:

Contract Administrator/ Ext:

Contract Approvals
Council/City Manager Approval Date:

Agreement Number:

Amendment Number:

Contract Compliance
Exhibits:

Insurance:

Routed By:

Bonds:

Business License:

Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:

CoOp Pricing:

By: Submitted on:

Contract Abstract Form Rev 8.16.23
Authorized Signers:

Name, Email
(Corporations require 2 signatures)
Item 1R - Page 4
AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 23S172

WITH GRANICUS, LLC FOR ENGAGEMENTHQ UNLIMITED

This Amendment No. 4 to the Contract Services Agreement (23S172), (“Amendment No. 4”), is made and entered into this 18th day of August 2025, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Granicus, LLC, a Minnesota limited liability company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a web designer, for implementation of a community engagement platform, (“Project”).

B. Contractor has submitted to City a proposal to provide implementation of a community engagement platform, to City under the terms of Agreement.

C. On August 2, 2023, the Assistant City Manager approved a Contract Services Agreement (23S172) with Contractor t o provide web design services for a not to exceed amount of $33,550, for a term commencing on August 2, 2023, and continuing through August 1, 2025.

D. On August 9, 2023, the Parties entered into Amendment No. 1 to add an additional $231.25 for a revised total contract amount not to exceed $33,781.25.

E. On February 25, 2025, the Parties enter into this Amendment No. 2 to include term extension options; modify Exhibit “A” Scope of Services/Work including, Schedule of Fees and Schedule of Performance to provide government experience services cloud enhanced set-up, configuration, and training , web experience – enhanced package , and ongoing subscription services for an additional $73,757.48, and a revised contract amount not to exceed $107,538.73.

F. On June 23, 2025 , the Parties entered into Amendment No. 3 to modify the Schedule of Fees for an additional $24,947.70, and a revised contract amount not to exceed $132,486.43.

G. Parties desires to enter into this Amendment No. 4 to exercise the optional renewal term, extending the term an additional three (3) years from August 2, 2025, through August 1, 2028. Adding $139,834.27, for a revised contract amount not to exceed $247,373.

Item 1R - Page 5

H. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 4.

SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:

“3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $247,373.”

SECTION 3. Exhibit A Scope of Services/Work Including, Schedule of Fees and Performance are amended to include the services identified in Attachment A (Order Q- 459000).

SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement 23S172, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of t his Amendment No. 4 and any provisions of the Contract Services Agreement 23S172, the provisions of this Amendment No. 4 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 4 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 23S172 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1R - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 4 (23S172) BY AND BETWEEN THE CITY

OF PALM SPRINGS AND GRANICUS, LLC

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

CONTRACTOR:

By:__________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)

Date:________________________ Date:_______________________________

CITY OF PALM SPRINGS:

APPROVED CITY COUNCIL:

Date: 09/10/25 Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: ___________________________

City Attorney City Clerk

APPROVED:

By: _____________________________ Date: _______________________________

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

Item 1R - Page 7

ATTACHMENT A

Item 1R - Page 8
THIS IS NOT AN INVOICE Order Form
Prepared
for
Palm Springs, CA
Order #: Q-477890
Prepared: 27 Aug 2025

Page 1 of 9 ends

Granicus Proposal for Palm Springs, CA

ORDER DETAILS
Prepared By: Korgbae Freeman
Phone:

Email: [email protected]
Order #: Q-477890
Prepared On: 27 Aug 2025
Expires On: 05 Sep 2025
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 02 Aug 2025 - 01 Aug 2026

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
01 Aug 2025
01 Aug 2028
Item 1R - Page 9
G G"RANICUS
Order Form
Palm
Springs, CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 2 of 9 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Government Experience Service Cloud
Enhanced
(Up to 10000 Unique Contacts)
Annual 1 Each $39,253.93
Experience Services Annual 1 Each $0.00
Enhanced Website Annual 1 Each $0.00
OpenCities Subsite License Annual 3 Each $5,102.70
Extended LMS Training On-demand Annual 1 Each $0.00
Enterprise Forms & Workflows (up to 100) Annual 1 Each $0.00 Community Satisfaction & Performance
Monitoring Annual 1 Each $0.00
Community Engagement & Analysis (up to
10 projects) Annual 1 Each $0.00
One-way SMS (100k annually) Annual 1 Each $0.00
Experience Service Catalog Credits Service
Cloud Enhanced Annual 1 Each $0.00
SUBTOTAL: $44,356.63

CREDITS AVAILABLE
The number of Credits acquired due to the above purchase items:

Available Service Credits
Total Services Catalog Credits: 25
Item 1R - Page 10
G G"RANICUS
Order Form
Palm Springs, CA
Order #: Q-477890
Prepared: 27 Aug 2025

Page 3 of 9 ends

FUTURE YEAR PRICING
Period of Performance
Solution(s)
02 Aug 2026 - 01 Aug 2027 02 Aug 2027 - 01 Aug 2028
Government Experience Service Cloud
Enhanced
(Up to 10000 Unique Contacts)
$41,216.63 $43,277.46
Experience Services $0.00 $0.00
Enhanced Website $0.00 $0.00
OpenCities Subsite License $5,357.83 $5,625.72
Extended LMS Training On-demand $0.00 $0.00
Enterprise Forms & Workflows (up to 100) $0.00 $0.00
Community Satisfaction & Performance
Monitoring $0.00 $0.00
Community Engagement & Analysis (up to 10
projects) $0.00 $0.00
One-way SMS (100k annually) $0.00 $0.00
Experience Service Catalog Credits Service
Cloud Enhanced $0.00 $0.00
SUBTOTAL: $46,574.46 $48,903.18
Total Services Catalog Credits: 25 25
Item 1R - Page 11
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 4 of 9 ends

PRODUCT UPDATES

FOR INFORMATION ON RECENT AND UPCOMING PRODUCT ENHANCEMENTS ACROSS THE GRANICUS PORTFOLIO, PLEASE REFER TO THE SEMIANNUAL UPDATE INFORMATION ON THIS WEBPAGE:
: HTTPS://GRANICUS.COM/SEMIANNUAL-UPDATES/

PRODUCT DESCRIPTIONS
Solution Description
Government Experience
Service
Cloud Enhanced
The annual subscription edition is an outcome-focused solution that Increases online self-service, reduces calls, and drives more clicks to help constituents do business with you. Solution includes:

• Strategic Capabilities
o Designated
Experience Partner
o Extended LMS Training On-demand
o Access to Services Catalog
o Quarterly CX Program Brief to Review Insights &
Recommendations
o Online Help Articles and Access to govCommunity
• Data
Insights
o Community Satisfaction and Performance Monitoring
o Government Effectiveness Score
o Digital Experience Score
o Quality of Life Surveys
o In-app Reporting and Dashboards
• Connected Technology
o Service Web Portal
o Enterprise Forms and Workflows (up to 100)
 Capabilities include: (1) Drag and drop form builder, (2) display logic, calculations, and payments, (3)
insights dashboard and form analytics, (4) unlimited
responses and ability ‘to save and return’, (5) data
connections and API access, and (6) up to 50GB file
uploads and 2,000 web API calls per hour and 20
custom documents per form, (7) workspaces and
advanced response workflows, (8) custom
documents (certificates, permits, formal letters, and
more), (9) form versioning and scheduling
o Outbound
Communications
Item 1R - Page 12
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 5 of 9 ends

Solution Description
 Outreach mediums include unlimited email, up to
100k SMS/text messages, RSS feeds, and social
media integration to connect with target
audiences.
o Engagement
and Sentiment Analysis (up to 10 projects)
o Embeddable Project Finder
o Ongoing security updates
o Ongoing product updates and enhancements
o Product accessibility maintained perpetually
o 99.9%
up-time guarantee
o Technical Support Reporting (quarterly)
o Live Escalation & Care Process
o Support Coverage & Response Time SLAs
 Severity
Level 1: System unavailable – 1 hour
 Severity Level 2: Major system features unavailable,
no user workaround – 2 hours
 Severity Level 3: Major system features unavailable,
user workaround available – 5 hours
 Severity Level 4: Transactional issue, user workaround available - 12 hours

A
"Unique Contact" is an individual that provides either an email address, phone number, or both. Additional fees for exceeding contracted Unique Contact tier will automatically be applied in arrears and adjusted for go- forward use at subscription renewal. Overages above 1M unique contacts are billed in increments of 100,000 Unique Contacts.
* SMS/text messages only available for US and UK customers.

Experience Services Experience Services
Enhanced Website Enhanced Website
OpenCities Subsite License This License is for a single subsite to be installed with an instance of OpenCities. Examples of subsites include: Libraries, leisure centers, festivals, tourism and more.

Using our Subsite functionality, clients can create and manage subsites without the need to engage in custom web development. Using the site wizard, you can select what functions and layout needs you have for the Item 1R - Page 13
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 6 of 9 ends

Solution Description
site, set up publishers and permissions, and start entering content within a matter of days. Create and implement a visual theme in-house or partner with Granicus to deliver one for you.
• Use the full power of OpenCities modules to create functionally rich subsites
• Reduce maintenance costs
• All sites benefit from ongoing Accessibility, Browser, Device and UI updates
• Easily share content such as events in between sites, even if each site
looks different
• Setup password protected sites to deliver secure information to authenticated
users.
• Subsites are supported under the same terms as the main site, with the same SLA and support and maintenance agreements.
• Does not include implementation services
Extended LMS Training On-
demand
Extended LMS Training On-demand
Enterprise Forms & Workflows
(up to 100)
Enterprise Forms & Workflows (up to 100)
Community Satisfaction &
Performance Monitoring
Community Satisfaction & Performance Monitoring
Community Engagement &
Analysis (up to 10 projects)
Community Engagement & Analysis (up to 10 project)
One-way SMS (100k annually) One-way SMS (100k annually). Only available for US and UK customers.

Experience Service Catalog
Credits
Service Cloud
Enhanced
A curated collection of expert-led and on-demand services and strategic offerings
to enhance community engagement, service delivery, and
operational excellence. Developed from our experience with thousands of governments, this evergreen catalog offers ongoing value throughout your Granicus lifecycle. Access is available from day one through an exchange Item 1R - Page 14
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

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Solution Description
of service credits.

Item 1R - Page 15
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 8 of 9 ends

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing,
including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote
Q-477890 dated 27 Aug 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.

It
is the responsibility of Palm Springs, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate
the subscription.
• The terms and conditions set forth in the Agreement effective 02 Aug 2023 are incorporated herein by reference.
• Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that
exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein.

For All Services Credits (including Service Catalog Credits and SimpleSupport):

Credits
must be purchased prior to use and are allocated towards any services performed by Granicus included in the Service Credit portfolio for the number of credits indicated therein. Credits cannot be used towards software subscription purchases. Credits are consumed as Services are performed during the applicable period of performance and must be used during that period of performance or they will expire. If Client fails to use the credits within the period of performance due to factors outside of Granicus’ control, Granicus will not be obligated to refund any credits and will be under no obligation to perform the Services.

Item 1R - Page 16
G G"RANICUS
Order Form
Palm Springs,
CA
Order #: Q-477890
Prepared:
27 Aug 2025

Page 9 of 9 ends

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ]
- Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-477890 dated 27 Aug 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

Palm Springs, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
Item 1R - Page 17
G G"RANICUS

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
2/26/2025
The Baldwin Group Mid-Atlantic LLC
DBA BCP Tech 1511 Baltimore, Ste 200
Kansas City MO 64108
816-523-2323
[email protected]
License#: CA#0658748
Berkley National Insurance Com
38911
GRANLLC-01
Riverport Insurance Company
36684
Granicus, LLC
1152 15th Street, Suite 800
Washington, DC 20005
ACE American Insurance Company
22667
1760457627
A
X
1,000,000
X
1,000,000
15,000
1,000,000
2,000,000
Y
TCP 7024348 - 11
10/20/2024
10/20/2025
2,000,000
A
1,000,000
X
X
TCP 7024348 - 11
10/20/2024
10/20/2025
A
X
X
15,000,000
TCP 7024348 - 11
10/20/2024
10/20/2025
15,000,000
B
X
TWC 7024349-11
10/20/2024
10/20/2025
1,000,000
1,000,000
1,000,000
C
Primary Cyber/ Tech E&O
D0246732A
10/20/2024
10/20/2025
Limit
5,000,000
The City of Palm Springs, its officials, employees, and agents are included as an Additional Insured with respect to General Liability arising out of the operations of the insured and to the extent provided by the policy language or endorsement issued or approved by the insurance carrier.

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
Item 1R - Page 18
ACORD®
I ~
I
~
□ □
~
~
Fl
□ □
~
~ ~
~ ~
~ ~
~
H
I I
I I I
□
I
G-00000-A
(Ed. )
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.

TABLE OF CONTENTS
Additional Insureds1.

2. AdditionalInsured-PrimaryAndNon-ContributoryToAdditionalInsured’sInsurance

3. BodilyInjury–ExpandedDefinition
Broad Knowledge of Occurrence/ Notice of Occurrence4.

Broad Named Insured5.

Estates, Legal Representatives and Spouses6.

7. ExpectedOrIntendedInjury–ExceptionforReasonableForce In Rem Actions8.

Incidental Health Care Malpractice Coverage9.

10. Joint Ventures/Partnership/Limited Liability Companies

11. LegalLiability–DamageToPremises

12. Medical Payments

13. Non-owned Aircraft Coverage

14. Non-owned Watercraft

15. PersonalAndAdvertisingInjury–DiscriminationorHumiliation

16. Personal And Advertising Injury - Limited Contractual Liability

17. Property Damage - Elevators

18. Supplementary Payments

19. PropertyDamage–Patterns,MoldsandDies

20. Unintentional Failure To Disclose Hazards

21. WaiverofSubrogation–Blanket

Page 1 of 13 ends

(Ed. )
Attachment Code: D524693 Certificate ID: 18166892
Policy Number: TCP 7024348-11
Item 1R - Page 19
G-00000-A
(Ed. )

       

Attachment Code: D524693 Certificate ID: 18166892
Policy Number: TCP 7024348-11

1.A DDITIONAL INSUREDS
a.W HO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.

H owever, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below.

Any coverage granted by this endorsement shall apply only to the extent permissible by law.

A.C ontrolling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury arising out of:

1.s uch person or organization’s financial control of a Named Insured; or

2.p remises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

B.C o-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.

C.G rantor of Franchise
Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization’s liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured.

D.L essor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured’s maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.

E.L essor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury , property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G-00000-A Page 2 of 13
(Ed. )
Item 1R - Page 20
G-00000-A
(Ed. )
F. Lessor of Premises
An owner or lessor of premises leased to the Named Insured , or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury , takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

G. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury arising out of the NamedInsured’s ownership, maintenance, or use of a premises by a Named Insured.

The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.

H. StateorGovernmentalAgencyorSubdivisionorPoliticalSubdivisions–Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision’sliabilityforbodily injury, property damage or personal and advertising injury arising out of:

1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or

2. the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf.

The coverage granted by this paragraph does not apply to:
a. Bodily injury , property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard.

With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.

I. Trade Show Event Lessor

1. With respect to a Named Insured’s participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization’s liability for bodily injury , property damage or personal and advertising injury caused by:
a. the NamedInsured’s acts or omissions; or
b. the acts or omissions of those acting on the NamedInsured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event.

2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard.

G-00000-A Page 3 of 13
(Ed. )
Attachment Code: D524693 Certificate ID: 18166892
Policy Number: TCP 7024348-11
Item 1R - Page 21
G-00000-A
(Ed. )
J. Vendor
Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that:

1. The coverage granted by this paragraph does not apply to:
a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement;
b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
f. demonstration, installation, servicing or repair operations, except such operations performed at such personororganization’spremisesinconnectionwiththesaleofaproduct; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or
h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.

2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products.

3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part;
b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part.

K. Other Person Or Organization / Your Work
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the NamedInsured’s acts or omissions.

The coverage granted by this paragraph does not apply to any person or organization:

1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor

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2. for bodily injury or property damage included within the products-completed operations hazard except to the extent all of the following apply:
a. this Coverage Part provides such coverage;
b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and
c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part.

2. ADDITIONALINSURED-PRIMARYANDNON-CONTRIBUTORYTOADDITIONALINSURED’SINSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:

If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.

B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:

Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.

3. BODILYINJURY–EXPANDEDDEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:

Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.

4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions:

A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured , to a partner, executive officer, manager or member of a Named Insured , or to an employee designated by any of the above to give such notice.

B. NOTICE OF OCCURRENCE
The Named Insured’s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured’s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.

5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:

3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
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b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.

But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.

For the purpose of this provision, and of this endorsement’s JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means:

A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.

4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.

5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ.

6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses’ acts, errors or omissions in the conduct of the NamedInsured’s business.

7. EXPECTEDORINTENDEDINJURY–EXCEPTIONFORREASONABLEFORCE Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability , the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:

This insurance does not apply to:

Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

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8. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured , will be treated in the same manner as though the action were in personam against the Named Insured.

9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:

A. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability , the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the NamedInsured’s primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A – Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:

This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions.

This insurance does not apply to:

Discrimination
any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual’s race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.

Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.

Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.

Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.

C. DEFINITIONS is amended to:
i. add the following definitions:

Health care incident means an act, error or omission by the Named Insured’s employees or volunteer workers in the rendering of:

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a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.

Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:

Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the NamedInsured’s employees are Insureds with respect to:
(1) bodily injury to a co- employee while in the course of the co- employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the NamedInsured’s business;
when such bodily injury arises out of a health care incident. • the NamedInsured’s volunteer workers are Insureds with respect to:
(1) bodily injury to a co- volunteer worker while performing duties related to the conduct of the NamedInsured’s business; and
(2) bodily injury to an employee while in the course of the employee’s employment by the Named Insured or while performing duties related to the conduct of the Named Insured’s business;
when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following:

Insured does not include any physician while acting in his or her capacity as such.

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D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:

Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.

10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:

No person or organization is an Insured with respect to:
• the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor
• the conduct of a current or past limited liability company in which a Named Insured’s interest does/did not rise to the level of management control;
except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company.

11. LEGALLIABILITY–DAMAGETOPREMISES
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following:

Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.

B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section.

C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following:

6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to:

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a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and
b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days.

The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations.

D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following:
(ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the NamedInsured’s care, custody or control;
E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part.

12. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:

7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit.

B. Under COVERAGES, the Insuring Agreement of Coverage C – Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and

13. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended as follows:

The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:

This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:

1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;

2. the aircraft is rented with a trained, paid crew to the Named Insured; and

3. the aircraft is not being used to carry persons or property for a charge.

14. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft , and replace it with the following.

This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.

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15. PERSONALANDADVERTISINGINJURY–DISCRIMINATIONORHUMILIATION A. Under DEFINITIONS, the definition of p ersonal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.

B. Under COVERAGES, Coverage B – Personal and Advertising Injury Liability , the paragraph entitled Exclusions is amended to:

1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:

This insurance does not apply to:

Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury . This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.

2. add the following exclusions:

This insurance does not apply to:

Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.

Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured.

Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.

The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from
• Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.

16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injury Liability , the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following:

This insurance does not apply to:

Contractual Liability
Personal and advertising injury for which the Insured has assumed liability in a contract or agreement.

This exclusion does not apply to liability for damages:
(1) that the Insured would have in the absence of the contract or agreement; or

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(2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract.

Solely for the purpose of liability assumed in an insured contract , reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided:
(a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and
(b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged.

B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following:

Insured contract means that part of a written contract or written agreement pertaining to the Named Insured’s business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARYPAYMENTS–COVERAGESAANDB:

1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;

2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:

So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer’s request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.

D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.

17. PROPERTYDAMAGE–ELEVATORS
A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.

B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:

This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.

18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARYPAYMENTS–COVERAGESAANDB is amended as follows:

A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.

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19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES
Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit:

A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly.

20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.

21. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:

The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:

1. the NamedInsured’s ongoing operations; or

2. your work included in the products-completed operations hazard.

However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:

1. is in effect or becomes effective during the term of this Coverage Part; and

2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.

All other terms and conditions of the Policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.

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ATTACHMENT B

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

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CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials . Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of int erest. The City ’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person , with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

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

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

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

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(Revised 09 13 18)

What Must I Disclose?

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

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

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

PENALTIES

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

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

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

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

 Other ____________________________________

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

 Other ____________________________________

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

 Other ____________________________________

Granicus, LLC
1152 15th Street NW, Suite 800, Washington, DC 20005
N/A
Minnesota
See attached
Docusign Envelope ID: 11FA0733-9F18-4663-8247-E47669268BAC Item 1R - Page 35

CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title

Date

GovDelivery Holdings LLC
100 %
Brendan Stierman, SR. Contracts Manager
Docusign Envelope ID: 11FA0733-9F18-4663-8247-E47669268BAC 8/26/2025
Item 1R - Page 36
Officers:

Chief Executive
Officer
Co-President
Co-President
Chief Financial
Officer
Vice President
Vice President
Secretary
Secretary

Mark Hynes
Ira Kleinman
Patrick M. Severson
Jordan Copland
Andrew Schoenthal
Ryan Atlas
Joshua Carter

Derek Klomhaus

Docusign Envelope ID: 11FA0733-9F18-4663-8247-E47669268BAC Item 1R - Page 37

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: A REQUEST BY THE OWNERS OF TWO HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING ONE UNIT WITHIN THE COUNTRY CLUB
ESTATES HISTORIC DISTRICT (HD-9) AT 1989 SOUTH CAMINO REAL

AND ONE UNIT WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HD-11) AT 1111 EAST PALM CANYON DRIVE, UNIT 121

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owner s of two separate historic site s. The i ntent of th ese contracts is to require maintenance and preservation of the designated sites in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1) Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 1989 S. Camino Real (Country Club Estates), APN: 511-150-012 B. 1111 E. Palm Canyon Drive, Unit #121 (Ocotillo Lodge), APN: 511-035-018 2) Authorize the City Manager to execute the Agreements. 3) Direct the City Clerk to record the Agreements with the County of Riverside.

BUSINESS PRINCIPAL DISCLOSURES:

The applicants for each Mills Act Agreement are as follows:

1. The Andrew Cohen Trust (along with Country Club Estates of Palm Springs Home Owners Association) for the condominium within the Country Club Estates Historic District at 1989 S. Camino Real.

2. 1111 E Palm Canyon, LLC (along with Ocotillo Lodge Owners Association) for the condominium within the Ocotillo Lodge Historic District at 1111 E. Palm Canyon Drive, Unit 121.

Item 1S - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Mills Act Agreements

STAFF ANALYSIS:

The following chart lists the date and resolution number for each property designated by the City Council:

Address Historic Class Date of
Designation
City Council
Resolution
1989 S. Camino Real Contributor in Historic
District 04/25/2024 25197
1111 E. Palm Canyon, Unit
121
Contributor in Historic
District 05/23/2024 25210

Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for the ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

California Government Code Section 50280.1 denotes that properties are eligible for a Mills Act contract if listed in a state, city, or county official register of historic sites. The two properties were locally designated and listed on the local inventory of historic places and qualify to apply for a Mills Act Contract. The draft Historic Property Preservation Agreements for each property are included as Attachment D to this report and specify details regarding restoration and/or maintenance of the two historic properties.

Aerial maps showing the location and context of each property and photographs of the exterior elevation are included below.

AERIAL VIEW OF 1989 S. CAMINO REAL EXTERIOR ELEVATION OF 1989 S. CAMINO REAL Item 1S - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
Mills Act Agreements

AERIAL VIEW OF 1111 E. PALM CANYON, #121 EXTERIOR ELEVATION OF 1111 E. PALM CANYON, #121

FISCAL IMPACT:

Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.

REVIEWED BY:

Assistant Planning Director: Anthony Riederer
Deputy City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles

ATTACHMENTS:

A. Vicinity Maps for Each Property
B. City Council Resolution Nos. 25197 & 25210
C. Owner Letters and Disclosures
D. DRAFT Historic Property Preservation Agreements
Item 1S - Page 3

ATTACHMENT A

Item 1S - Page 4

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #145 – Country Club Estates
1989 S. Camino Real

Item 1S - Page 5
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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #154 – The Ocotillo Lodge
1111 E. Palm Canyon Drive, Unit # 121

Item 1S - Page 6
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ATTACHMENT B

Item 1S - Page 7
Item 1S - Page 8
I
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I
RESOLUTION NO. 25197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING "THE
COUNTRY CLUB ESTATES" LOCATED AT SOUTH

CAMINO REAL AND EAST LA VERNE WAY, A HISTORIC
DISTRICT, (HSPB #145 / HD-9), SUBJECT TO
CONDITIONS, MASTER APN# 511-150-031.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Country Club Estates of Palm Springs Homeowners' Association, Represented by the Palm Springs Preservation Foundation, submitted an application seeking Historic District designation of the Country Club Estates located at South Camino Real and East La Verne Way; and
C. WHEREAS, on October 9, October 21 and November 3, 2022 the City's Historic Preservation Officer ("HPO") Ken Lyon attended video-conference meetings with property owners within the proposed historic district as required by the City's Historic Preservation Ordinance; and
D. • WHEREAS, on August 16th and August 30th, 2023, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic district, accompanied by City staff; and
E. WHEREAS, on September 5, 2023, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #145 / HD-9 was held in accordance with applicable law; and
F. WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Country Club Estates as a Historic District ; and
G. WHEREAS, on April 25, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #145 was held in accordance with applicable law; and
H. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

Item 1S - Page 9
Resolution No. 25197
Page2 of7
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS -RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HSITORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C, 1), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of a Historic District, provided the following findings are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The report identifies Country Club Estates as an exceptional example of a mid-century modern garden apartment for multi-family residential use. Master architect A. Quincy Jones was the lead architect for the project; however, the Jones & Emmons firm is given credit for the design. A strong association to a particular period of Palm Springs history and a high level of design integrity are present on this property. (Criterion a) Is associated with events that have made a meaningful contribution to the nation, state or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a. • (Criterion b) Is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report does not call out any individuals associated with the property who made any meaningful contribution to national, state, or local history. The site does not qualify under Criterion b.
(Criterion c) Reflects or exemplifies a particular period of national, state or local history;
During the post-World War II period in Palm Springs, there was a growing demand for multi-family residential units with ownership options. A place that was a tourist destination for the wealthy was now experiencing a population growth of the upper-middle class and the middle-class following World War 11. As part of this shift, new housing typologies such as garden apartments, low-rise multi-family development and condominiums began to emerge. From a planning standpoint, the increased popularity of condominiums as a residential use with amenities started to change the urban fabric of development.

Concurrently, designers were experimenting with Modernist ideas and implementing them to address the need for housing. Utilitarian building materials were used to create a I
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Item 1S - Page 10
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Resolution No. 25197

Page 3 of 7 ends
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