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.

clean aesthetic for this multi-family residential project which exemplifies the post-World War.II period in Palm Springs; therefore, staff finds the site qualifies as a historic resource under Criterion c.
(Criterion d) Embodies the distinctive characteristics of a type, period or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Conventional construction methods and materials were used to develop this complex. The honesty of materials is celebrated but no new construction methods or techniques· were utilized for this project; therefore, contrary to the report, staff finds the project does not qualify for this criterion.
(Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high arlistic value;
Architect A. Quincy Jones is recognized as the principal architect for the Country Club Estates. His partnership with Emmons was formed in 1950 and their design firm produced a variety of award-winning projects for the next 20 years .. Locally, A. Quincy Jones is known for designing "Sunnylands" and the Annenberg Estate in Rancho Mirage. As a master architect who greatly influenced the Modernist movement in California, A. Quincy Jones successfully influenced his peers through his work. His use of ordinary materials and the subtle integration of light and air at the Country Club Estates exemplifies his mastery of Modernist design principals, thus staff finds the project qualifies under Criterion e.
(Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
No information has been provided that the resource qualifies under Criterion f. (Criterion g) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART "C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis oflnteqritv. (PSMC 8.05.090 (C,2). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, Item 1S - Page 11
Resolution No. 25197
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materials, workmanship, location, setting, feeling, or association. "Country Club Estates" is evaluated as a historic district in terms of its historic integrity as follows:

Location.

All individual buildings and open spaces remain in the original location of construction, therefore, retains its integrity of location.

Design.

There is a large emphasis on the site plan and layout of the individual buildings on the triangularly shaped lot to create a functional and welcoming environment for the residents.

The low, horizontal massing helps frame the surrounding mountain views, and the honest use of conventional building materials reflect the Modernist design aesthetic. Building materials like the concrete blocks served both a practical and decorative propose.

Internalized atriums with full-length walls of glass in each unit brought light and the outdoors into the space. This feature was described as an outdoor garden inside your home. Carports were located near the entrance of each unit continuing the use of the square concrete blocks. This utilitarian space was well integrated into the design of each entrance. The design intent created by the architect remains virtually unchanged, therefore, the design integrity is intact.

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S~ng. I The site plan and placement of the individual buildings create an internal open space for , recreation activities. While the surrounding context has evolved overtime, the original site plan and scale of the project remains consistent, therefore, the integrity of setting is intact.

Materials.

The exterior building materials consist of masonry walls with a smooth Portland cement finish, concrete blocks, and fenestration with thin aluminum frames. Conventional building materials are composed in a way that prevents visual monotony. The original selection of materials remains the same. The overall integrity of materials is intact.

Workmanship.

Conventional construction methods and building materials were used, but the application of the materials and use of form shows a clear aesthetic. Simple clean lines indicate a level of workmanship that values attention to detail.

Feeling.

Minimal changes were made to the physical site and the building layout remains unchanged. The character defining features on each building have been retained, and the complex continues to be used as a multi-family residential development. Staff finds the feeling of the site remains intact.

Association. I
The property maintains most of its original detailing and layout on the site. Its association Item 1S - Page 12
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to the architect A. Quincy Jones is apparent because original design details like the low, horizontal fascia and the openings for light and air valued by the California Modernist architects are maintained.

The City Council made findings for Historic Integrity for the site to qualify as a Historic District.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids staff and HSPB when it is tasked with evaluating future alterations to the historic resource.

Character-defining features of the resource are as follows:
• Nine buildings composed of 2-units and 4-units emphasizing horizontal massing, flat rooflines, continuous fascia detail extending the entire fac;:ade and decorative use of concrete blocks.
• Internal atrium inside each unit.
• Recessed entry with louvered openings in the roof, planting beds, and a staggered concrete paver walkway.
• Open carport design integrating concrete blocks as walls and pillars. • Narrow aluminum window frames and floor to ceiling glazing on the walls facing the garden patio.
• Garden patio framed with concrete winged block walls. • Entry door configuration and side window with bottle glass and diamond pane patterns. Doorknob and escutcheon positioned on raised cross panel and original unit numbers above the doorknob.
• Original swimming pool and adjacent spa tub from 1965. • Site design including but not limited to the community open space at the center of the property and milk-glass globe streetlamps along the broomed concrete walkways, and buffer green space.

Non-contributing elements:
• Pool fencing which was installed to comply with building safety requirements and regulations.
• Roller shading devices and awnings installed on the soffit to cover rear patios. • Garage doors and walls enclosing the original carport design. • Large bronze address numbers on the carport columns.
• Rooftop mechanical equipment and duct work.
• Photovoltaic panels mounted on the roof.
• Metal security doors in front of the original entrance doors.

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Resolution No. 25197
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• Gutters and downspouts.
• Enclosed interior atrium.
• Non-original signage for the complex.
• Non-historic round globe streetlamps located along the street.

SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

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3. It may be qualified as 'historic' at the federal, state, and/or county level. I

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District- Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

The following Specific Conditions of Approval shall apply to the Country Club Estates Historic District:

1. Review of future Certificates of Appropriateness ("C of A"). Alterations to buildings, structure, objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8,05.120 (E), including consistency with the Design Guidelines.

Based upon the foregoing, the City Council designates "The Country Club Estates" located at South Camino Real and East La Verne Way, a Historic District HSPB #145 / HD-9.

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ADOPTED THIS 25TH DAY OF APRIL 2024.

ATTEST :

Bfenda Pree, City Clerk

STATE OF CALIFORN IA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS)
Scott C. Stiles, City Manager

CERTIFICATION
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25194 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 April 25, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte; and Mayor Bernstein
None
None
None
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California , this I .P..\\3 day of June 2024. renda Pree, "' MC, CERA, City Clerk
City of Palm Springs
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RESOLUTION NO. 25210

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE
"OCOTILLO LODGE" LOCATED AT 1111 EAST PALM
CANYON DRIVE, A HISTORIC DISTRICT (HSPB #154 / HD-
11), SUBJECT TO CONDITIONS (APNs 511-035-001
THROUGH 511-035-128).

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 Ocotillo Lodge Owners Association (OLOA), Represented by Chattel, Inc., submitted an application seeking historic site designation of the Ocotillo Lodge located at 1111 E. Palm Canyon Drive; and
C. WHEREAS, in May, 2024, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on May 7, 2024, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #154 / HD-11 was held in accordance with applicable law; and
E. 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 Ocotillo Lodge a Historic District; and
F. WHEREAS, on May 23, 2024, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #154 was held in accordance with applicable law; and
G. 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.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

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

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C, 1 ), the Item 1S - Page 16
Resolution No. 2521 O
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City Council shall evaluate the application and make findings in conformance with the following criteria:

1. Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:

The report identifies the exterior of Ocotillo Lodge as a largely intact example of a Mid­ Century Modern hotel, which has since been converted to a condominium complex.

Designed by Palmer and Krise!, the complex exhibits character-defining features of the Modern Movement through the use of site planning, building form and material selection, but it also visualizes the development trends of Palm Springs during that period. The report also references the landscape architect Garrett Eckbo and his contributions to the project.
(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.

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(Criterion b) Is associated with the lives of persons who made a meaningful 1 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 single-family residential homes and housing for seasonal residents. Local developers like the Alexander Construction Company developed residential tracts to meet this need, and the Ocotillo Lodge was constructed, in part, to house potential homebuyers while the homes were being built. The different unit types designed for the Ocotillo Lodge showcase the modern aesthetic that would mirror significant features in the homes that would be constructed in the Twin Palms tract. The units at the Ocotillo Lodge also catered to differing privacy and livability needs for both short and long-term visitors to the area. Staff finds the site qualifies as a historic resource under Criterion c by reflecting the local history of development and design shift in architectural style. (Criterion d) Embodies the distinctive characteristics of a type, period, or method of construction;
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Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). Conventional construction methods and materials were used to develop this complex. The HRR goes into detail regarding the use of steel I-beams for the lobby building (identified as Building 1A) to create the expansive wall of concave windows. While the use of the steel beams allowed the glass in the south elevation to be configured in a unique way and what was known as the "Candlewood Room" to slightly cantilever over the area containing the swimming pool, the invention and use of the steel I-beam for structural framing date further back than the 1950s. Staff finds the method and techniques used were not new to the period; therefore, contrary to the report, staff does not find the project qualifies for this.criterion. (Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; Architects Palmer and Krisel are credited for designing the Ocotillo Lodge and the prolific developers Alexander Construction built the complex. It was also noted in the report that the influential landscape architect Garrett Eckbo designed the original landscape features and that certain signature elements were considered physical representations of his theories. Each of the individuals that came together to design and develop this property have a level of influence in their respective fields, especially in the local context of Palm Springs. Their works are celebrated and continue to highly influence the field today.

Ocotillo Lodge is a rare example where these three highly regarded masters collaborated on a single project, thus staff finds the project qualifies under Criterion e. (Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The structures and features within the proposed boundaries of the district may not independently possess historic distinction, however, as a collective the proposed district embodies the development history of Palm Springs and how existing structures were adapted for the population growth of full-time residents and the architectural trends that appealed to the people during that time. Thus, the proposed district also qualifies under Criterion f.
(Criterion g) Has yielded or may be likely to yield information important to national, state or local history or prehistory.

No information has been provided on any pre-historic significance of the site.

SECTION 2: PART "C" ANALYSIS OF HISTORIC INTEGRITY.

Analysis oflntegrity. (PSMC 8.05.090 (C,2). The site, structure, Item 1S - Page 18
Resolution No. 25210
Page4 of9
building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interiors Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 49 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The buildings, the configuration of parking, and open community spaces remain in their historic location, therefore, the proposed district retains its integrity of location.

2. Design:

The one and two-story structures are arranged on the site creating a hierarchy of buildings which seem to respond to the adjacent street conditions: the two-story building facing East Palm Canyon Drive and the clusters of one-story units face the neighborhood roads.

Vehicular circulation, including parking, is concentrated to the periphery of the site and the internal circulation consists of concrete pathways encouraging pedestrian use.

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The one-story units were arranged in two different clusters around the central open space I containing the keyhole-shaped pool. The report identifies the one-story clusters as "villa bungalows" and "courtyard bungalows". The "villa bungalows" comprise of 25 units and are arranged in a grid pattern, while the "courtyard bungalows" consist of 56 units that are clustered in a checkered pattern. The layout of the buildings allows for each unit to have their own private patio space and access to walkways that ultimately connect back to the central community space. The buildings all utilize a similar architectural language that exhibit modernism principles by using simple geometric forms, flat roots, exposed wooden beams, square concrete block walls, large expanses of glass walls, ribbon and/or clerestory windows, and simple line details with no ornamentation.

No original landscape files were found but the report confirms Garrett Eckbo's involvement in the project and credits the landscaping features around the main pool and the geometry of curves and angles found in the paving to him based on an interview with the architect. Other examples of his work help support this claim.

The building forms, the use of simple details and largely the site design are critical components of the design that largely remain; therefore, staff finds the design integrity is intact.

3. Setting:

According to the historic resources report, the property was constructed with an intent to I Item 1S - Page 19
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house potential buyers of single-family homes that were being built in the adjacent Twin Palms tract just north of the property. As seen in the historic aerial images from 1965 and 1972 (Attachment B of the HRR), the lots directly east and west of the property along E.

Palm Canyon Drive were vacant. Currently those areas are zoned with differing degrees of residential and commercial uses but the original setting between Ocotillo Lodge and the Twin Palms subdivision remains intact.

4. Materials:

The building materials consist of smo_oth plaster or stucco finished walls, T1-11 siding, masonry block walls, extruded wooden beams and fascia details, aluminum-framed windows and doors, and concrete pathways. It appears that some original exterior material was replaced and there are areas of deterioration that need to be addressed but a majority of the original material remains. The overall integrity of materials is intact.

5. Workmanship:

Conventional construction methods and building materials were used for this development. Readily available materials such as concrete blocks were used to reinforce clean lines and the extrusion of blocks on the screen walls created a decorative pattern to highlight certain areas. Various repairs and changes have been made to individual units over time, however, the overall aesthetic was respected and changes that are less sympathetic appear reversable. The use of concrete square blocks down to the fascia details demonstrates a level of attention to detail and workmanship by the original designers. Staff finds enough integrity of workmanship remains on site.

6. Feeling:

The original design focused on the pedestrian experience by leaving the vehicles behind and immersing the visitors/residents into a network of walkable concreate paths. Each unit retains private courtyard spaces, and the main swimming pool retains its focal presence on the site ·as a space for community gathering. The feeling of leisure desert retreat remains on the site because all the private and communal spaces remain in their original configuration; therefore, staff finds the integrity of feeling remains intact.

7. Association:

The existing condition of the property maintains a physically recognizable association with the post World War II development in Palm Springs and the major design components of the site design and individual buildings are closely associated with the architects Palmer, Krisel and Eckbo. The integrity of association remains intact.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that Item 1S - Page 20
Resolution No. 25210
Page6 of9
contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but I which may create a false sense of historicity. Distinguishing original character-defining features from non-origir:ial elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

The following is a list of character-defining features identified by the City Council:

Character-defining features listed below and more clearly referenced in Exhibit A:
• Site design and building cluster configurations on the lot around the central focal point of the main swimming pool shaped like a keyhole
• Internal network of concrete pathways including the curved and angular geometry of the pavement credited to Garrett Eckbo
• Parking and vehicular circulation configuration around the perimeter of the property.
• One and two-story horizontal massing and simple geometric forms • Grid-like layout or clustered units arranged around the swimming pool and articulated by four-unit bungalows
• Keyhole-shaped pool within the open community space south of the lobby building
• Painted masonry block screen walls with articulation on the north (front) and south (rear) elevations of the lobby building (identified as Building 1A in the HRR) • Distinctive semi-circular plan and concave windows in the "Candlewood Room" (identified as the south portion of Building 1A in the HRR) • Monumental porte cochere entry with restored Ocotillo Lodge signage (excluding the square notched archway in the porte cochere)
• Flat roofs that have wide overhanging eaves and cantilevered canopies • Fascia details that hide the electrical conduit
• Expressed post-and-beam construction using wood and steel members • Interior/exterior connections expressed through glass walls, the continuation of exposed beams and tongue-and-groove ceiling details to the exterior • Integration of private patios and semi-private decks for each unit • Unadorned smooth plaster or stucco-finished wall surfaces • Square concrete block walls in a stack bond pattern
• Flush-mounted aluminum-framed ribbon windows, clerestory windows, and glass sliding doors that span from floor to ceiling
• "Sun flap" of suspended concrete panels shading concave curtain wall • T1-11 wood siding on storage spaces and patio dividers for second floor units • Exposed pebble aggregate concrete stair treads in steel pipe column stairwells leading to the second floor units
• Glass walls incorporating sliding glass doors
• Glass walls with double glass doors at porte cochere wall of lobby • Landscape design features around the main pool by Garrett Eckbo and tall Washingtonia palms throughoutthe complex
• Curved cabana and restroom structure with trellis south of the keyhole-shaped I
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pool designed by Garrett Eckbo (removed)
Non-contributing elements:
• Pool fencing installed around the keyhole-shaped swimming pool • Metal security gates at various entry points to the site • Metal screen security doors in front of entry doors on the units facing East Twin Palms Drive
• Metal mesh screening on stair railings
• Metal fence along the curved strip of grass where the original curved cabana/trellis was located south of the keyhole-shaped pool
• Glass blocks in original clerestory openings
• • Roof-mounted mechanical equipment and accompanying ductwork • Sunshine Bar (identified as Building 5 in the HRR) added in 1973 and detached barbecue added in 1994
• One-story conference room (identified as Building 4 in the HRR) east of the Sunshine bar (Building 5)
• Two non-original spas located northwest and directly east of the keyhole shaped swimming pool
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District- Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for Item 1S - Page 22
Resolution No. 252 10

Page 8 of 9 ends

recordation within 90 days of the effective date of the Council's resolution .

The following Specific Conditions of Approval shall apply to the Ocotillo Lodge Historic District:

1. Design Guidelines. The property owners in the proposed historic district shall submit design guidelines as outlined in Section 8.05 for review and approval by the City's HPO.

2. Review of future Certificates of Appropriateness ("C of A"). Alterations to buildings , structure, objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8.05.120 (E), including consistency with the Design Guidelines.

Based upon the foregoing , the City Council designates "Ocotillo Lodge" located at 1111 East Palm Canyon Drive, a Historic District HSPB #154 / HD-11.

ADOPTED THIS 23RD DAY OF MAY 2024.

ATTEST:

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25210 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 May 23, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Holstege, Middleton, and Mayor Bernstein None
Mayor Pro Tern deHarte
None
IN WITNESS WHEREOF, I have herejp~set my hand and affixed the official seal of the City of Palm Springs, California, this day of June 2024. dt;~
BreftdaPree, MMC, CERA, City Clerk
City of Palm Springs

ATTACHMENT C

Item 1S - Page 24
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City of Palm Springs
Department of Planning Services
300 East Tahqitz Canyon Way
Palm Springs, CA 92264
Dear Mr. Hadwin,
We are the owners of 1989 South Camino Real in Palm Springs, parcel number 511150012, which is located in Country Club Estates of Southern Palm Springs, receiving historical designation on April 2024.

We are writing today to apply for the Mills Act Tax Abatement Program. Enclosed is our check for the application fee of $1,355 and the inspection fee of $311.

Through the Mills Act economic incentives, we look forward to performing ongoing maintenance, restoration , and preservation of our historic A. Quincy Jones midcentury property.

Per guidance by, Ken Lyons, we have also enclosed a letter of intent signed by the HOA's President. Because the HOA and the homeowners are jointly responsible for the maintenance of the units and the complex, it is the HOA's intent to be party to the Mills Act Contract.

If you have any questions or need additional information, you may contact us via email at [email protected] or by cell phone at 917-880-2117.
is process.

Item 1S - Page 26
Country Club Estates Palm Springs, Palm Springs, CA 92264 City of Palm Springs
Department of Planning Services
300 East Tahquitz Canyon Way
Palm Springs, CA 92264
To Whom it may concern;
Please accept this letter of intent on behalf of Country Club Estates Palm Springs, to enter into the Mills Act Contract with the City of Palm Springs and Andy Cohen and Deborah Lyons, owners of 1989 South Camino Real, Palm Springs, CA, 92264 Thanks,
Country Club Estates Palm Springs
Greg Merten
President

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 1S - Page 27

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 1S - Page 28
November 5, 2024
To: The City of Palm Springs
Re: Mills Act
To Whom It May Concern:

The property commonly known as 1111 E Palm Canyon Drive, Unit 121, Palm Springs, CA is currently owned by a California limited liability company called 1111 E Palm Canyon Drive, LLC. Its one member is the Exempt Trust for Laura E. Benetti under Trust Agreement Dated 6/8/83, Laura (Benetti) Charchenko as Trustee and Beneficiary of the Trust. We are in support of this application and we are committed to the preservation of the Associations historic design and architecture.

The following capital improvements, restoration, and maintenance is planned on this specific unit at the Ocotillo Lodge:
1) Replacement of front door: Estimated cost of $3,000 to replace front door. If replacement is not approved, new paint will be applied.
2) Replacement of window: Window that is facing the interior courtyard to be replaced to match historical window but replaced with one that is more energy efficient. Estimated cost $2,000.
3) Bathroom replacement and restoration of tile: Bathroom tile on floor and shower to be replaced with a tile that restores the bathroom to original look and fees. Estimated cost $10,000.
4) Replacement and restoration of water heater closet: As weather and time has deteriorated the wood used to house the shared water heater with unit above, new wood will be used that is more weather resistant (for example composite boards). Estimated cost $3,000. 5) Plumbing to be repaired on an ongoing basis as this has been an ongoing issue with the unit. Estimated cost $5,000.

If you require any additional information, I am happy to provide such information at any time.

Best,
1111 E. Palm Canyon, LLC
By: Exempt Trust for Laura E. Benetti under Trust Agreement Dated 6/8/83, By: Laura Charchenko, its Trustee and Beneficiary
Item 1S - Page 29

40-004 Cook Street, Suite 5
Palm Desert, CA 92211
(760) 345-2449

November 5, 2024

To: City of Palm Springs

RE: Mills Act

To Whom It May Concern,

Ocotillo Lodge Owners Association supports the Mills Act Application for all of its members and 124 units, specifically 1111 East Palm Canyon Drive #121, Palm Springs, CA 92264 . The Association is committed to the preservation of the Association’s historic design and architecture. The Association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,

Rhonda M. Drews, PCAM
Community Manager on behalf of the
Ocotillo Lodge Owners Association

Item 1S - Page 30
~ Premier
:: Community
/t ~ Association
~ Management
A Division of Buck, Reynolds Corporation

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 ____________________________________

1111 E Palm Canyon Drive, LLC
2357 Winged Foot Rd, Half Moon Bay, CA 94019
1111 E Palm Canyon Drive, Unit 121, Palm Springs, CA
California
Laura Charchenko
Item 1S - Page 31

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.

Exempt Trust of Laura E. Benetti, Laura Charchenko Trustee 100%
11/5/24
Item 1S - Page 32
ATT

ACHMENT D
Item 1S - Page 33

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ___ day of ____, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and The Andrew Cohen Trust ("Owner") and Country Club Estates of Palm Springs Home Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1989 S. Camino Real , Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On April 25 , 20 24 (the "Approval Date"), the City Council approved Resolution 25197 establishing the subject property as a contributing structure in the Country Club Estates Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1S - Page 34

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ________, 2025 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1S - Page 35

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1S - Page 36

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1S - Page 37

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: The Andrew Cohen Trust
Deborah Lyons & Andrew Cohen (Trustees)
1989 S. Camino Real
Palm Springs, CA 92264

HOA: Country Club Estates of Palm Springs Homeowners Association Greg Merten, President
1983 S. Camino Real
Palm Springs, CA 92264

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner Item 1S - Page 38

6 or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1S - Page 39

7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1S - Page 40

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Trustee: Deborah Lyons
The Andrew Cohen Trust

Dated:_________________________ By:_______________________________ Trustee: Andrw Cohen
The Andrew Cohen Trust

Dated:_________________________ By:_______________________________ President: Greg Merten
Country Club Estates of Palm Springs
Homeowners Association

Item 1S - Page 41

9 Item 1S - Page 42

ACIKNOWLEDGMEINT
A nolary pu tllic or ot~r offioe:r com ple~ng1 tt, i.s Ce{rti~cane verifies only e • den~ly of the individu al who signed e dooomesnt to which thi s ,certifi:cate i.s atiac ~ d. and not ihe trutltrutness. accuracy , or vafid'ity ,of lhat document.

State of Califomia
County of __________ _
On _______ before me, _ _____________________ ,
(here insert name and title of the officer)
personally appeared ________________________ _
- --------------------------------- ·
Who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) is/are subscribed to the wit11in instrument and acknowledged, 1o me that he/shelthey executed the same in his/her/their authorized capaciity(ies), and, that by his/ller/thelr 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 tile foregoing paragraph is tru.e and correct.

WITNESS my hand and offii,aial seal.

Signature _____________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND HEREIN REFERRED TO IS SITUATED IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS:

LOT 12 OF TRACT NO. 2972, AS SHOWN BY MAP ON FILE IN BOOK 52 PAGES 66 THROUGH 70 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

TOGETHER WITH AN UNDIVIDED 1/30
TH INTEREST OF LOT 31 OF TRACT 2972,
TOGETHER WITH ALL BUILDINGS AND IMPROVEMENTS THEREON.

APN: 511-150-012-0

Item 1S - Page 43

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1S - Page 44

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1S - Page 45

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Upgrade HVAC to energy-efficient Bosch 5-ton 18 SEER heat pump, reduce gas usage. Estimated cost: $16,000. Estimated year: 2025

2. Solar Heating: Install solar panels and batteries. Estimated cost: $36,000.

Estimated year: 2025

3. Electrical Panel upgrade to support new electric needs and replace outdate panel. Estimated cost: $6,000. Estimated year: 2025

4. Water Line: proactively replace the aging corroded water line leading to the house. Estimated cost: $16,000. Estimated year: 2026

5. Roof – replace the original roof and add drainage to protect the original ground surface. Estimated cost: $10,000. Estimated year: 2026

6. Flooring replace to reflect Mid-century modern terrazzo. Estimated cost:
$32,000. Estimated year: 2026

7. Wiring – the original wiring lighting of the patio area is broken, complicated job to reconnect. Estimated cost: $5,000. Estimated year: 2026

8. Sewer line – present root damage is manageable, expected issues with the line over the next few years. Estimated cost: $10,000. Estimated year: 2026

Item 1S - Page 46

1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT

This Historic Property Preservation Agreement ("Agreement") is made this ____day of _______, 2025 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and 1111 E Palm Canyon, LLC ("Owner") and Ocotillo Lodge Owners Association (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1111 E. Palm Canyon, Unit 121 , Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On May 23, 20 24 (the "Approval Date"), the City Council approved Resolution 25210 establishing the subject property as a contributing structure in the Ocotillo Lodge Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1S - Page 47

2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on __________, 2025 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least si xty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1S - Page 48

3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1S - Page 49

4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1S - Page 50

5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: 1111 E Palm Canyon LLC
Laura (Benetti) Charchenko (Trustee and Beneficiar y of Exempt Trust for Laura E. Benetti)
1111 E. Palm Canyon Drive, #121
Palm Springs, CA 92264

HOA: Ocotillo Lodge Owners Association
Rhonda Drews, Community Manager
40-004 Cook Street, Suite 5
Palm Desert, CA 92211

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) Item 1S - Page 51

6 the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Item 1S - Page 52

7 Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of t he Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE

Item 1S - Page 53

8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs

Dated:_________________________ By:_______________________________ Trustee and Beneficiary: Laura Charchenko
Exempt Trust for Laura E. Benetti
1111 E Palm Canyon Drive, LLC.

Dated:_________________________ By:_______________________________ Community Manager: Rhonda Drews
Ocotillo Lodge Owners Association

Item 1S - Page 54

9 Item 1S - Page 55

ACIKNOWLEDGMEINT
A no ry publ ic or other ofiioe :r ,oompletillQI tti ilS ceJti-ca e verifies only the iclenlity of the illdivooual who siglled e dooume;nt which tttis ,certifica te is attached . and not !he trut h.rul'ness. acc uracy , or va~d'iiy ,of lhat documellt.

State of Ca lifomia
County of __________ _
On _______ before me, ______________________ .
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory ev·dence to be the person(s) whose name(s) i&lare subscribed to the witl1in instrument and acknowledged, to me th.at he/she/they executed the same iin h is/her/their authorized capacity(ies), and, that by h1s/11ertthe;ir 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 PBNALTY OF PERJURY under the laws of the State of Caliliomia that t11e foregoing paragmph is true and correct.

WITNESS my hand and officiial seal.

Signature ______________ _
(Seal)

10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

PALM SPRINGS, COUNTY OF RIVERSIDE, ST ATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: A CONDOMINIUM COMPRISED OF:

PARCEL 1:

UNIT NO. 121 AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN RECORDED JULY 24, 1995 AS INSTRUMENT NO. 95-237791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AND FURTHER

DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS
CALIFORNIA; AND FURTHER DESCRIBED IN THE DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN

OF CONDOMINIUM OWNERSHIP OCOTILLO LODGE, A SPA RESORT
CONDOMINIUM RECORDED JULY 25, 1995 AS INSTRUMENT NO. 95-239160 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

AN UNDIVIDED 11127TH INTEREST IN AND TO LOT 1 OF TRACT NO. 28063, AS SHOWN BY MAP ON FILE IN BOOK 254, PAGE(S) 50 AND 51 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXCEPTING THERE FROM ALL NUMBERED CONDOMINIUM UNITS AS

SHOWN ON THE PLAN AND DESCRIBED IN THE DECLARATION
MENTIONED ABOVE.

PARCEL 2:

THE EXCLUSIVE RIGHT TO USE THE APPURTENANT "EXCLUSIVE USE COMMON AREAS" SET ASIDE AND ALLOCATED FOR THE EXCLUSIVE USE OF THE OWNER OF THE CONDOMINIUMS DESCRIBED AS PARCEL 1

ABOVE, AS DESCRIBED IN THE DECLARATION AND AS SHOWN ON THE PLAN.

ASSESSOR’S PARCEL NUMBER: 511-035-018

Item 1S - Page 56

11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character- defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1S - Page 57

12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

Item 1S - Page 58

13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Replacement of front door: Estimated cost : $3,000 to replace front door. If replacement is not approved, new paint will be applied.

2. Replacement of window: Window that is facing the interior courtyard to be replaced to match historical window but replaced with one that is more energy efficient.

Estimated cost: $2,000.

3. Bathroom replacement and restoration of tile: Bathroom tile on floor and shower to be replaced with a tile that restores the bathroom to original look and fees.

Estimated cost: $10,000.

4. Replacement and restoration of water heater closet: As weather and time has deteriorated the wood used to house the shared water heater with unit above, new wood will be used that is more weather resistant (for example composite boards).

Estimated cost: $3,000.

5. Plumbing to be repaired on an ongoing basis as this has been an ongoing issue with the unit. Estimated cost: $5,000.

Item 1S - Page 59

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2025-26

FROM: Scott C. Stiles, City Manager

BY: Stephanie George, Director of Human Resources

SUMMARY:

The City Council will consider an amendment to the 2025 /26 F iscal Year Allocated Positions and Compensation Plan, which includes modifications in Public Works and Information Technology. The changes result in no increase to the overall full-time equivalent (FTE) staffing or payroll budget.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT
NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2025-2026, ADOPTED BY RESOLUTION NO. 25325.”

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

BACKGROUND:

The Allocated Positions and Compensation Plan (“Plan”) includes all authorized positions within the City as approved during the fiscal year budget. Staffing needs are continually evaluated, and adjustments are made when necessary to align with evolving operational requirements. The following proposed changes reflect such realignment and have been reviewed by the relevant departments and bargaining groups.

Public Works

As part of the changes in fleet management services, staff recommends the r eallocation of associated positions within the City’s Authorized Positions and Compensation Plan.

Item 1T - Page 1
Following meet -and-confer discussions with the Palm Springs Employees Association (PEAPS), the City developed a transition plan designed to minimize impacts on existing Fleet Division employees. A total of eight (8) funded positions were included in the Division at the time of transition, one of which (Fleet Manager) was vacant. The remaining seven employees were each provided with the following options:

A. Transfer to a new City position, with the opportunity to be “Y -rated” up to 7.5% above the maximum step of the new classification.

B. Employment with the incoming vendor, Vector Fleet Management, with training and certification provided by the vendor.

C. A voluntary separation agreement, including two (2) months’ salary and six (6) months of health benefits (or the equivalent value).

Through this process, all impacted employees have either transferred to other City positions, are scheduled to transfer before the end of September, or accepted a separation agreement. Employees who transferred into new City classifications have been Y-rated in accordance with the negotiated agreement with PEAPS. These Y -rates must now be reflected in the City’s adopted salary schedules to ensure compliance with CalPERS regulations and proper pension reporting. This action ensures transparency, compliance with state pension requirements, and a smooth organizational transition that both achieves operational improvements and safeguards the City’s workforce.

Information Technology

Staff recommends the addition of an Information Technology Supervisor classification to the City’s approved Classification List and Salary Schedule. While this position is not currently funded, the classification is needed to provide flexibility for future organizational needs. The C ity met and conferred with the Management Association of Palm Springs (MAPS) and coordinated with both the Information Technology and Aviation Departments in the development of this classification.

If approved, the Aviation Department may request authorization from the City Manager to underfill or overfill an existing vacant, funded classification in order to fill this position, ensuring no increase to the City’s overall budget or Council-approved FTE allocation.

FISCAL IMPACT:

Approval of this amendment will result in no significant fiscal impact. All changes are expected to be accommodated within current budget allocations.

Item 1T - Page 2
REVIEWED BY:

Department Director: Stephanie George
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution - Amendment 1 to Allocated Positions and Compensation Plan B. Amended Allocated Positions and Compensation Plan for fiscal year 25-26 C. Amended Management Unit Salary Schedule
D. Amended General Unit Salary Schedule

Item 1T - Page 3

ATTACHMENT A

Item 1T - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 202 5-
2026, ADOPTED BY RESOLUTION NO. 25325.

WHEREAS, Council approved the allocated positions and compensation plan with the adoption of the fiscal year 2025-26 budget on June 25, 2025.

WHEREAS, Modifications to the allocated positions and compensation plan is necessary to meet changing priorities and services levels.

WHEREAS, Staff met and conferred with the representing associations on the affected positions and the need to make staffing adjustments where applicable.

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

SECTION 1. That effective October 1, 2025 the Allocated Positions and Compensation Plan is hereby amended as follows:

Department Action Detail/Classification +/-
FTE
Public Works Remove Parts Specialist (1)
Public Works Remove Fleet Maintenance Technician II (2) Public Works Remove Fleet Maintenance Technician III (2) Public Works Remove Fleet Maintenance Technician, Lead (1) Public Works Remove Fleet Maintenance Manager (1)
Information Technology Add Information Technology Supervisor 0

SECTION 2. The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with these changes and other non-substantial administrative changes.

SECTION 3. The City Manager is authorized to amend the Allocated Positions Plan, including making future modifications to add, remov e, reclassify , or transfer positions that don’t result in an increase to the established fiscal year budget or total approved full-time equivalent (“FTE”) positions.

Item 1T - Page 5
Total Authorized positions 2024-2024 (Amendment 1) 667.5 Total Authorized positions 2024-2025 (As Adopted) 660.5

ADOPTED THIS 10TH DAY OF SEPTEMBER 2025
.

SCOTT C. STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 1T - Page 6

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 the 10th day of September 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, MMC

CITY CLERK

Item 1T - Page 7

ATTACHMENT B

Item 1T - Page 8
CITY OF PALM SPRINGS 2025 - 2026 Allocated Positions & Compensation Plan AVIATION 113.50
Airport Administration Section Total 19.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 72 2.00
Deputy Director of Capital Development EX3 71 1.00
Airport Emergency Planning Administrator EX2 58 1.00
Airport Safety Management Systems Manager EX2 54 1.00
Aviation Planner MX 52 1.00
Business Intelligence Developer MX 55 1.00
Innovation & Strategic Implementation Administrator MX 54 1.00 Project Manager MX 58 1.00
Ex
ecutive Program Administrator EX2 52 2.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Marketing & Communications Specialist MX 51 2.00
Administrative Specialist MX 41 1.00
Administrative Assistant GU 33 2.00
Control Center Operations Section Total 40.00
Airport Operations Manager MX 56 2.00
Airport Security Supervisor MX 52 1.00
Airport Security Manager MX 56 1.00
Airport Operations Supervisor MX 52 5.00
Airport Operations Specialist II GU 46 4.00
Airport Operations Specialist I GU 44 15.00
Airport Operations Aide GU 34 12.00
Terminal Operations Section Total 54.50
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 4.00
Maintenance Coordinator GU 41 2.00
Maintenance Electrician GU 45 2.00
Maintenance Technician HVAC GU 45 2.00
Maintenance Technician, Senior GU 45 1.00
Maintenance Technician II GU 39 5.00
Maintenance Technician I GU 35 4.00
Maintenance Worker, Lead GU 38 2.00
Maintenance Worker I GU 28 8.00
Industrial Technician, Lead GU 48 1.00
Industrial Technician GU 45 4.00
Commercial Vehicle Operator GU 32 5.00
Custodian (1.00 FTE) GU 25 13.00
Custodian (0.50 FTE) GU 25 0.50
BUILDING & SAFETY 15.00
Building & Safety Section Total 15.00
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Administrative Assistant GU 33 1.00
Administrative Specialist MX 41 1.00
Plans Examiner GU 47 2.00
Plans Examiner Trainee GU 45 0.00
Dept./Section/Classification Unit Range Allocated
Positions
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 9
Building Inspector II GU 47 1.00
Building Inspector GU 45 3.00
Permit Center Technician GU 43 4.00
CITY CLERK 7.00
City Clerk Section Total 7.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Certified Records Manager MX 46 1.00
Deputy City Clerk MX 40 2.00
Executive Administrative Assistant EX2 45 1.00
Execu
tive Services Assistant GU 28 1.00
CITY COUNCIL 2.00
City Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 8.00
City Manager Section Total 6.00
City Manager CM FLAT 1.00
Business District Administrator MX 59 1.00
Chief Economic Development Officer EX3 70 1.00
Deputy City Manager EX4 84 1.00
Executive Services Administrator EX2 48 1.00
S
pecial Assistant to the City Manager EX2 66 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Program Administrator (Funded in Dev Services) EX2 52 1.00 COMMUNICATIONS 4.00
Communications Section Total 4.00
Chief Communications Officer EX2 64 1.00
Public Information Officer EX2 55 1.00
Office of Neighborhoods, Manager EX2 60 1.00
Marketing & Communications Specialist MX 51 1.00
ENGINEERING SERVICES 18.00
Engineering Services Section Total 18.00
Deputy City Manager EX4 84 1.00
City Engineer EX3 79 1.00
Administrative Specialist MX 41 1.00
Admi
nistrative Assistant GU 33 1.00
Civil Engineer, Associate¹ MX 59 1.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 2.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Permit Center Technician¹ GU 43 1.00
Principal Engineer MX 66 1.00
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 10
Project Manager MX 58 2.00
Public Works Inspector1 GU 46 2.00
FINANCE & TREASURY 28.00
A
dministration & Treasury Section Total 5.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 2.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 5.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Accountant (funded in Aviation) MX 51 1.00
Account Specialist I GU 35 1.00
Budget, Audit & Revenue Section Total 9.00
Budget Manager MX 59 1.00
Audit & Revenue Supervisor MX 58 1.00
Account Technician, Senior MX 45 1.00
Budget Analyst MX 54 2.00
Account Specialist GU 35 3.00
Account Clerk I GU 28 1.00
Payroll & Accounts Payable Section Total 5.00
Payroll and Accounting Manager EX2 63 1.00
Payroll Coordinator MX 46 1.00
Ac
count Technician, Senior MX 45 1.00
Account Specialist GU 35 2.00
Procurement & Contracting Section Total 4.00
Procurement & Contracting Manager EX2 63 1.00
Procurement Specialist II MX 48 2.00
Procurement Specialist I MX 43 1.00
FIRE 100.00
A
irport Rescue Firefighting Section Total 12.00
Fire Captain F 64 3.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 CFD Public Safety Fire Section Total 2.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Firefighter (includes Paramedic classification) F 40 - 41 2.00 Fire Administration Section Total 81.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Fire Chief EX4 89 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 30.50 Firefighter (overhire) F 40 - 41 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant GU 33 2.00
Emergency Medical Services Coordinator MX 53 1.00
Emergency Management Coordinator MX 53 1.00
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 11
Fire Marshal MX 64 1.00
Fire Prevention Specialist (funded in Aviation) GU 42 1.00 Fire Prevention Specialist GU 42 2.00
Plans Examiner II GU 54 2.00
Safety Augmentation - Fire Section Total 3.50
Firefighter (includes Paramedic classification) F 40 - 41 3.50 HOUSING & COMMUNITY DEVELOPMENT 7.00
Ho
using & Community Development Section Total 4.22
Director of Housing & Community Development EX3 76 0.27 Administrative Specialist MX 41 1.00
Community Development Administrator MX 53 0.45
Homeless Outreach Coordinator MX 53 1.00
Housing Services Administrator MX 57 1.00
Real Estate Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 0.93 Director of Housing & Community Development EX3 76 0.43 Real Estate Coordinator MX 51 0.50
Housing Successor Project Section Total 0.20
Director of Housing & Community Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Housing & Community Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant GU 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant GU 39 0.30
HUMAN RESOURCES 13.00
Em
ployee Benefits Section Total 2.50
Administrative Specialist MX 41 0.30
Director of Human Resources EX4 76 0.30
Executive Administrative Assistant EX2 45 0.20
Executive Program Administrator EX2 52 0.20
Human Resources Manager EX2 63 0.50
Human Resources Specialist, Senior MX 50 1.00
Human Resources Section Total 5.75
Administrative Specialist MX 41 0.25
Director of Human Resources EX4 76 0.25
Executive Administrative Assistant EX2 45 0.50
Executive Program Administrator EX2 52 0.50
Hum
an Resources Manager EX2 63 0.50
Human Resources Specialist (funded in Aviation) MX 43 1.00 Human Resources Specialist MX 43 1.75
Human Resources Specialist, Senior MX 50 1.00
Workers Compensation Section Total 4.75
Administrative Specialist MX 41 0.45
Director of Human Resources EX4 76 0.45
Learning and Leadership Program Manager EX2 56 1.00
Executive Administrative Assistant EX2 45 0.30
Executive Program Administrator EX2 52 0.30
Human Resources Specialist MX 43 1.25
Revised September 10, 2025
Effective October 1, 2025
Item 1T - Page 12
Human Resources Technician GU 37 0.00
Occupational Health & Safety Manager EX2 63 1.00
INFORMATION TECHNOLOGY 21.00
Information Technology Section Total 21.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Administrative Assistant GU 33 1.00
Business Systems Analyst MX 52 2.00
GIS Analyst MX 49 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Network Engineer (Funded in Aviation) MX 64 1.00 Information Technology Analyst MX 48 1.00
Information Technology Supervisor MX 56 0.00
Network Administrator MX 54 3.00
Information Technology Technician GU 46 5.00
Information Technology Technician (Funded in Aviation) GU 46 4.00 LIBRARY 16.25
Library Section Total 16.25
Director of Library Services EX3 76 1.00
Assistant Director of Library Services EX2 60 1.00
Library & Public Services Manager MX 49 1.00
Librarian (1.00 FTE) MX 45 5.00
Librarian (0.50 FTE) MX 45 0.50
Administrative Assistant GU 33 1.00
Library Assistant, Senior GU 29 1.00
Library Assistant (1.00 FTE) GU 25 5.00
Librar
y Assistant (0.75 FTE) GU 25 0.75
PARKS AND RECREATION 55.75
Parks and Recreation Administration Section Total 8.00 Director of Parks & Recreation EX3 76 1.00
Assistant Director of Parks & Recreation EX2 63 1.00
Project Manager MX 58 2.00
Administrative Specialist MX 41 2.00
Administrative Assistant GU 33 2.00
Demuth Community Center Section Total 9.50
Parks & Recreation Manager MX 54 1.00
Program Coordinator GU 35 1.00
Recreation Program Assistant (1.00 FTE) GU 21 2.00
Recreation Program Assistant (0.75 FTE) GU 21 1.50
Park Ranger (0.75 FTE) GU 24 3.00
Maintenance Worker I GU 28 1.00
James O. Jessie Desert Highland Unity Center Section Total 6.25 Community Center Manager MX 54 1.00
Program Coordinator GU 35 1.00
Recreation Program Assistant (1.00 FTE) GU 21 2.00
Recreation Program Assistant (0.75 FTE) GU 21 2.25
Leisure Center/Pavilion Section Total 5.50
Recreation Supervisor MX 41 1.00
Recreation Program Assistant (1.00 FTE) GU 21 3.00
Recreation Program Assistant (0.75 FTE) GU 21 1.50
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 13
Special Events/VillageFest Section Total 4.00
Special Events Manager2 MX 54 1.00
Program Coordinator GU 35 2.00
Recreation Program Assistant (1.00 FTE) GU 21 1.00
Swim Center Section Total 11.50
Aquatics Manager MX 38 1.00
Aquatics Supervisor MX 28 1.00
Lifeguard, Lead GU 23 1.00
Lifeguard (1.00 FTE) GU 20 3.00
Lifeguard (0.75 FTE) GU 20 3.00
Lifeguard (0.50 FTE) GU 20 2.50
Lifeguard Trainee GU 19 0.00
Par
ks Maintenance Section Total 11.00
Maintenance Supervisor I MX 48 1.00
Maintenance Worker, Lead GU 38 1.00
Maintenance Mechanic I - Parks GU 35 3.00
Maintenance Worker I GU 28 6.00
PLANNING SERVICES 11.00
Planning Services Section Total 11.00
Director of Planning Services EX3 79 1.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00
Associate Planner MX 52 3.00
Assistant Planner MX 47 1.00
Administrative Assistant GU 33 1.00
Administrative Specialist MX 41 1.00
Planning Technician GU 41 1.00
POLICE 167.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 2.00
Animal Services Officer GU 36 2.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Dispatch Center Section Total 20.00
Dispatcher Supervisor MX 46 2.00
Dispatcher GU 40 18.00
Grant Funded Section Total 1.00
Police Officer3 (includes Senior & Master Officer classifications) P 45-47 1.00 Police Administration & Enforcement Section Total 128.00 Police Chief EX4 89 1.00
Executive Administrative Assistant EX2 45 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 72.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician GU 44 2.00
Police Services Manager MX 61 1.00
Police Services Supervisor MX 44 1.00
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 14
Community Outreach & Media Specialist GU 41 0.00
Crime Analyst GU 41 1.00
Rangemaster GU 41 0.00
Professional Standards Coordinator GU 38 1.00
Property Technician GU 37 2.00
Community Service Officer GU 36 10.00
Police Records Technician GU 36 1.00
Administrative Specialist MX 41 1.00
Administrative Assistant GU 33 2.00
Police Trainee GU 40 0.00
Po
lice Services Officer GU 30 8.00
Safety Augmentation - Police Section Total 4.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 4.00 PUBLIC WORKS 48.00
Grounds Maintenance Section Total 14.00
Maintenance Supervisor II MX 51 1.00
Maintenance Worker, Lead GU 38 2.00
Maintenance Worker I GU 28 10.00
Maintenance Mechanic GU 35 1.00
Facilities Maintenance Section Total 23.00
Director of Public Works EX3 79 1.00
Assistant Director of Public Works EX2 63 1.00
Deputy Director of Public Works MX 60 1.00
Administrative Assistant GU 33 2.00
A
ccount Specialist II GU 39 1.00
Administrative Specialist MX 41 2.00
Cogeneration Technician, Senior GU 51 1.00
Cogeneration Technician GU 41 0.00
Maintenance Technician HVAC GU 45 3.00
Maintenance Electrician GU 45 2.00
Facilities Maintenance Manager MX 54 1.00
Maintenance Mechanic, Senior GU 45 1.00
Maintenance Mechanic I - Building GU 35 5.00
Project Manager MX 58 2.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 10.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maintenance Worker, Lead GU 38 2.00
Street/Traffic Maintenance Worker GU 31 8.00
SPECIAL PROGRAM COMPLIANCE 21.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX3 70 1.00
Administrative Assistant GU 33 2.00
Account Technician, Senior MX 45 1.00
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 15
Administrative Specialist MX 41 1.00
Assistant Director of Special Program Compliance EX2 58 1.00 Code Compliance Section Total 15.00
Code Compliance Officer GU 41 12.00
Code Compliance Supervisor MX 53 2.00
Administrative Assistant GU 33 1.00
SUSTAINABILITY 5.00
Office of Sustainability Section Total 3.50
Office of Sustainability Director EX2 64 0.25
Program Coordinator GU 35 0.25
Climate Action and Sustainability Specialist MX 48 2.00 Climate Action and Sustainability Specialist (funded in Aviation) MX 48 1.00 Recycling Section Total 1.50
Office of Sustainability Director EX2 64 0.75
Program Coordinator GU 35 0.75
FY 2025-26 Amendment 1 660.50
FY 2025-26 Total Positions 667.50
FY 2024-25 Amendment 2 Total Positions 656.00
FY 2024-25 Amendment 1 Total Positions 656.00
FY 2024-25 Total Positions 657.00
FY 2023-24 Amendment 2 Total Positions 620.00
FY 2023-24 Amendment 1 Total Positions 619.00
FY 2023-24 Total Positions 620.00
CM Denotes City Manager position

EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events 3 Denotes positions funded through a grant and expires June 1, 2027 Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Denotes positions partially funded through the Waste Water Treatment Plant Denotes firefighter positions represented by the Palm Springs Firefighters Association Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 16

ATTACHMENT C

Item 1T - Page 17

SALARY AND CLASSIFICATION
FY 2025-26

MANAGEMENT

SCHEDULE

Item 1T - Page 18

MANAGEMENT UNIT
Classifications
FY 2025-26
Table Range
MX 51
Accounting Manager MX 59
MX 45
Administrative Specialist MX 41
MX 56
Airport Operations Supervisor MX 52
MX 56
Airport Security Supervisor MX 52
Aquatics Manager MX 38
Aquatics Supervisor MX 28
MX 47
MX 52
MX 58
Auditor MX 54
Aviation Planner MX 52
Aviation Security Supervisor MX 52
MX 54
MX 59
MX 51
MX 55
MX 52
MX 59
MX 46
MX 54
MX 59
MX 64
MX 48
MX 53
Community Center Manager MX 54
MX 53
MX 40
MX 62
Deputy Director of Public Works MX 60
Dispatch Supervisor MX 46
MX 53
Emergency Medical Services Coordinator MX 53
MX 51
MX 53
MX 59
Facilities Maintenance Manager MX 54
Fire Marshal MX 64
Revised Setember 10, 2025
Effective October 1, 2025
Position Title
Accountant
Account Technician, Senior
Airport Operations Manager
Airport Security Manager
Assistant Planner
Associate Planner
Audit & Revenue Supervisor
Budget Analyst
Budget Manager
Building Inspector Supervisor
Business Intelligence Developer
Business Systems Analyst
Business District Administrator
Certified Records Manager
Chief Deputy City Clerk
Civil Engineer, Associate
Civil Engineer, Senior
Climate Action and Sustainability Specialist
Code Compliance Supervisor
Community Development Administrator
Deputy City Clerk
Deputy Director of Aviation - Marketing
Emergency Management Coordinator
Engineering Assistant
Engineering Assistant, Senior
Engineering Associate

Item 1T - Page 19

MANAGEMENT UNIT
Classifications
FY 2025-26
Table RangePosition Title
GIS Analyst MX 49
Homeless Outreach Coordinator MX 53
MX 57
MX 43
MX 50
MX 48
MX 67
MX 64
Information Technology Supervisor MX 56
MX 54
MX 45
MX 49
MX 54
MX 51
MX 48
MX 51
Marketing and Communications Specialist MX 51
MX 54
Parks & Recreation Manager MX 54
MX 46
Plans Examiner Supervisor MX 55
Police Services Manager MX 61
Police Services Supervisor MX 44
MX 66
MX 66
MX 43
MX 48
Project Manager MX 58
MX 52
Real Estate Coordinator MX 51
Recreation Supervisor MX 41
Special Events Manager MX 54
Street Maintenance Manager MX 55
74 Revised September 10, 2025
Effective October 1, 2025

TOTAL CLASSIFICATIONS FOR MAPS
Housing Services Administrator
Human Resources Specialist
Human Resources Specialist, Senior
Information Technology Analyst
Information Technology Manager
Information Technology Network Engineer
Innovation & Strategic Implementation Administrator
Librarian
Library & Public Services Manager
Maintenance Superintendent
Maintenance Supervisor
Maintenance Supervisor I
Procurement Specialist I
Procurement Specialist II
Public Works Inspector, Senior
Maintenance Supervisor II
Network Administrator
Payroll Coordinator
Principal Engineer
Principal Planner

Item 1T - Page 20

MANAGEMENT UNIT
Certification Key
FY 2025-26
Tier I Tier II
Master's Degree
Bilingual (Speaking and Listening) 2.5% $125
Bilingual (Writing) 2.5% $125
Notary 5% $100
Professional License/Certification
Revised September 10, 2025
Effective October 1, 2025
Premium
5%
5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.

Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.

Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.

Type

Item 1T - Page 21
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX028 1 $ 24.12 $ 4,180 50,160$ MX031 1 $ 26.80 $ 4,646 55,752$ MX028 2 $ 25.32 $ 4,388 52,656$ MX031 2 $ 28.14 $ 4,878 58,536$ MX028 3 $ 26.58 $ 4,607 55,284$ MX031 3 $ 29.56 $ 5,123 61,476$ MX028 4 $ 27.91 $ 4,838 58,056$ MX031 4 $ 31.04 $ 5,380 64,560$ MX028 5 $ 29.30 $ 5,079 60,948$ MX031 5 $ 32.61 $ 5,653 67,836$ MX028 6 $ 30.77 $ 5,334 64,008$ MX031 6 $ 34.30 $ 5,945 71,340$ MX028 7 $ 32.31 $ 5,601 67,212$ MX031 7 $ 36.01 $ 6,241 74,892$ MX032 1 $ 27.49 $ 4,765 57,180$ MX033 1 $ 28.14 $ 4,878 58,536$ MX032 2 $ 28.86 $ 5,002 60,024$ MX033 2 $ 29.56 $ 5,123 61,476$ MX032 3 $ 30.30 $ 5,252 63,024$ MX033 3 $ 31.04 $ 5,380 64,560$ MX032 4 $ 31.82 $ 5,515 66,180$ MX033 4 $ 32.61 $ 5,653 67,836$ MX032 5 $ 33.42 $ 5,792 69,504$ MX033 5 $ 34.30 $ 5,945 71,340$ MX032 6 $ 35.11 $ 6,086 73,032$ MX033 6 $ 36.01 $ 6,241 74,892$ MX032 7 $ 36.91 $ 6,397 76,764$ MX033 7 $ 37.86 $ 6,563 78,756$ MX034 1 $ 28.86 $ 5,002 60,024$ MX035 1 $ 29.56 $ 5,123 61,476$ MX034 2 $ 30.30 $ 5,252 63,024$ MX035 2 $ 31.04 $ 5,380 64,560$ MX034 3 $ 31.82 $ 5,515 66,180$ MX035 3 $ 32.61 $ 5,653 67,836$ MX034 4 $ 33.42 $ 5,792
69,504$ MX035 4 $ 34.30 $ 5,945 71,340$ MX034 5 $ 35.11 $ 6,086 73,032$ MX035 5 $ 36.01 $ 6,241 74,892$ MX034 6 $ 36.91 $ 6,397 76,764$ MX035 6 $ 37.86 $ 6,563 78,756$ MX034 7 $ 38.79 $ 6,723 80,676$ MX035 7 $ 39.76 $ 6,891 82,692$ MX036 1 $ 30.30 $ 5,252 63,024$ MX037 1 $ 31.04 $ 5,380 64,560$ MX036 2 $ 31.82 $ 5,515 66,180$ MX037 2 $ 32.61 $ 5,653 67,836$ MX036 3 $ 33.42 $ 5,792 69,504$ MX037 3 $ 34.30 $ 5,945 71,340$ MX036 4 $ 35.11 $ 6,086 73,032$ MX037 4 $ 36.01 $ 6,241 74,892$ MX036 5 $ 36.91 $ 6,397 76,764$ MX037 5 $ 37.86 $ 6,563 78,756$ MX036 6 $ 38.79 $ 6,723 80,676$ MX037 6 $ 39.76 $ 6,891 82,692$ MX036 7 $ 40.74 $ 7,062 84,744$ MX037 7 $ 41.78 $ 7,241 86,892$ MX038 1 $ 31.82 $ 5,515 66,180$ MX039 1 $ 32.61 $ 5,653 67,836$ MX038 2 $ 33.42 $ 5,792 69,504$ MX039 2 $ 34.30 $ 5,945 71,340$ MX038 3 $ 35.11 $ 6,086 73,032$ MX039 3 $ 36.01 $ 6,241 74,892$ MX038 4 $ 36.91 $ 6,397 76,764$ MX039 4 $ 37.86 $ 6,563 78,756$ MX038 5 $ 38.79 $ 6,723 80,676$ MX039 5 $ 39.76 $ 6,891 82,692$ MX038 6 $ 40.74 $ 7,062 84,744$ MX039 6 $ 41.78 $ 7,241 86,892$ MX038 7 $ 42.79
$ 7,417 89,004$ MX039 7 $ 43.89 $ 7,607 91,284$ MX040 1 $ 33.42 $ 5,792 69,504$ MX041 1 $ 34.30 $ 5,945 71,340$ MX040 2 $ 35.11 $ 6,086 73,032$ MX041 2 $ 36.01 $ 6,241 74,892$ MX040 3 $ 36.91 $ 6,397 76,764$ MX041 3 $ 37.86 $ 6,563 78,756$ MX040 4 $ 38.79 $ 6,723 80,676$ MX041 4 $ 39.76 $ 6,891 82,692$ MX040 5 $ 40.74 $ 7,062 84,744$ MX041 5 $ 41.78 $ 7,241 86,892$ MX040 6 $ 42.79 $ 7,417 89,004$ MX041 6 $ 43.89 $ 7,607 91,284$ MX040 7 $ 44.96 $ 7,793 93,516$ MX041 7 $ 46.09 $ 7,989 95,868$ MX042 1 $ 35.11 $ 6,086 73,032$ MX043 1 $ 36.01 $ 6,241 74,892$ MX042 2 $ 36.91 $ 6,397 76,764$ MX043 2 $ 37.86 $ 6,563 78,756$ MX042 3 $ 38.79 $ 6,723 80,676$ MX043 3 $ 39.76 $ 6,891 82,692$ MX042 4 $ 40.74 $ 7,062 84,744$ MX043 4 $ 41.78 $ 7,241 86,892$ MX042 5 $ 42.79 $ 7,417 89,004$ MX043 5 $ 43.89 $ 7,607 91,284$ MX042 6 $ 44.96 $ 7,793 93,516$ MX043 6 $ 46.09 $ 7,989 95,868$ MX042 7 $ 47.27 $ 8,194 98,328$ MX043 7 $ 48.46 $ 8,399 100,788$ MX044 1 $ 36.91 $ 6,397 76,764$ MX045 1 $ 37.86 $ 6,563 78,756$ MX044 2 $ 38.79 $ 6,723 80,676$ MX045 2 $ 39.76 $ 6,891 82,692$ MX044 3 $ 40.74 $ 7,062 84,744$ MX045 3 $ 41.78 $ 7,241 86,892$ MX044 4 $ 42.79 $ 7,417 89,004$ MX045 4 $ 43.89 $ 7,607 91,284$ MX044 5 $ 44.96 $ 7,793 93,516$ MX045 5 $ 46.09 $ 7,989 95,868$ MX044 6 $ 47.27 $ 8,194 98,328$ MX045 6 $ 48.46 $ 8,399 100,788$ MX044 7 $ 49.65 $ 8,606 103,272$ MX045 7 $ 50.87 $ 8,818 105,816$ Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 22
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX046 1 $ 38.79 $ 6,723 80,676$ MX047 1 $ 39.76 $ 6,891 82,692$ MX046 2 $ 40.74 $ 7,062 84,744$ MX047 2 $ 41.78 $ 7,241 86,892$ MX046 3 $ 42.79 $ 7,417 89,004$ MX047 3 $ 43.89 $ 7,607 91,284$ MX046 4 $ 44.96 $ 7,793 93,516$ MX047 4 $ 46.09 $ 7,989 95,868$ MX046 5 $ 47.27 $ 8,194 98,328$ MX047 5 $ 48.46 $ 8,399 100,788$ MX046 6 $ 49.65 $ 8,606 103,272$ MX047 6 $ 50.87 $ 8,818 105,816$ MX046 7 $ 52.15 $ 9,039 108,468$ MX047 7 $ 53.46 $ 9,266 111,192$ MX048 1 $ 40.74 $ 7,062 84,744$ MX049 1 $ 41.78 $ 7,241 86,892$ MX048 2 $ 42.79 $ 7,417 89,004$ MX049 2 $ 43.89 $ 7,607 91,284$ MX048 3 $ 44.96 $ 7,793 93,516$ MX049 3 $ 46.09 $ 7,989 95,868$ MX048 4 $ 47.27 $ 8,194 98,328$ MX049 4 $ 48.46 $ 8,399 100,788$ MX048 5 $ 49.65 $ 8,606 103,272$ MX049 5 $ 50.87 $ 8,818 105,816$ MX048 6 $ 52.15 $ 9,039 108,468$ MX049 6 $ 53.46 $ 9,266 111,192$ MX048 7 $ 54.80 $ 9,498 113,976$ MX049 7 $ 56.16 $ 9,734 116,808$ MX050 1 $ 42.79 $ 7,417 89,004$ MX051 1 $ 43.89 $ 7,607 91,284$ MX050 2 $ 44.96 $ 7,793 93,516$ MX051 2 $ 46.09 $ 7,989 95,868$ MX050 3 $ 47.27 $ 8,194 98,328$ MX051 3 $ 48.46 $ 8,399 100,788$ MX050 4 $ 49.65 $ 8,606
103,272$ MX051 4 $ 50.87 $ 8,818 105,816$ MX050 5 $ 52.15 $ 9,039 108,468$ MX051 5 $ 53.46 $ 9,266 111,192$ MX050 6 $ 54.80 $ 9,498 113,976$ MX051 6 $ 56.16 $ 9,734 116,808$ MX050 7 $ 57.58 $ 9,980 119,760$ MX051 7 $ 59.00 $ 10,226 122,712$ MX052 1 $ 44.96 $ 7,793 93,516$ MX053 1 $ 46.09 $ 7,989 95,868$ MX052 2 $ 47.27 $ 8,194 98,328$ MX053 2 $ 48.46 $ 8,399 100,788$ MX052 3 $ 49.65 $ 8,606 103,272$ MX053 3 $ 50.87 $ 8,818 105,816$ MX052 4 $ 52.15 $ 9,039 108,468$ MX053 4 $ 53.46 $ 9,266 111,192$ MX052 5 $ 54.80 $ 9,498 113,976$ MX053 5 $ 56.16 $ 9,734 116,808$ MX052 6 $ 57.58 $ 9,980 119,760$ MX053 6 $ 59.00 $ 10,226 122,712$ MX052 7 $ 60.50 $ 10,487 125,844$ MX053 7 $ 62.00 $ 10,747 128,964$ MX054 1 $ 47.27 $ 8,194 98,328$ MX055 1 $ 48.46 $ 8,399 100,788$ MX054 2 $ 49.65 $ 8,606 103,272$ MX055 2 $ 50.87 $ 8,818 105,816$ MX054 3 $ 52.15 $ 9,039 108,468$ MX055 3 $ 53.46 $ 9,266 111,192$ MX054 4 $ 54.80 $ 9,498 113,976$ MX055 4 $ 56.16 $ 9,734 116,808$ MX054 5 $ 57.58 $ 9,980 119,760$ MX055 5 $ 59.00 $ 10,226 122,712$ MX054 6 $ 60.50 $ 10,487 125,844$ MX055 6 $ 62.00 $ 10,747 128,964$ MX054 7 $ 63.59
$ 11,022 132,264$ MX055 7 $ 65.16 $ 11,294 135,528$ MX056 1 $ 49.65 $ 8,606 103,272$ MX057 1 $ 50.87 $ 8,818 105,816$ MX056 2 $ 52.15 $ 9,039 108,468$ MX057 2 $ 53.46 $ 9,266 111,192$ MX056 3 $ 54.80 $ 9,498 113,976$ MX057 3 $ 56.16 $ 9,734 116,808$ MX056 4 $ 57.58 $ 9,980 119,760$ MX057 4 $ 59.00 $ 10,226 122,712$ MX056 5 $ 60.50 $ 10,487 125,844$ MX057 5 $ 62.00 $ 10,747 128,964$ MX056 6 $ 63.59 $ 11,022 132,264$ MX057 6 $ 65.16 $ 11,294 135,528$ MX056 7 $ 66.78 $ 11,575 138,900$ MX057 7 $ 68.42 $ 11,860 142,320$ MX058 1 $ 52.15 $ 9,039 108,468$ MX059 1 $ 53.46 $ 9,266 111,192$ MX058 2 $ 54.80 $ 9,498 113,976$ MX059 2 $ 56.16 $ 9,734 116,808$ MX058 3 $ 57.58 $ 9,980 119,760$ MX059 3 $ 59.00 $ 10,226 122,712$ MX058 4 $ 60.50 $ 10,487 125,844$ MX059 4 $ 62.00 $ 10,747 128,964$ MX058 5 $ 63.59 $ 11,022 132,264$ MX059 5 $ 65.16 $ 11,294 135,528$ MX058 6 $ 66.78 $ 11,575 138,900$ MX059 6 $ 68.42 $ 11,860 142,320$ MX058 7 $ 70.13 $ 12,156 145,872$ MX059 7 $ 71.88 $ 12,460 149,520$ MX060 1 $ 54.80 $ 9,498 113,976$ MX061 1 $ 56.16 $ 9,734 116,808$ MX060 2 $ 57.58 $ 9,980 119,760$ MX061 2 $ 59.00 $ 10,226 122,712$ MX060 3 $ 60.50 $ 10,487 125,844$ MX061 3 $ 62.00 $ 10,747 128,964$ MX060 4 $ 63.59 $ 11,022 132,264$ MX061 4 $ 65.16 $ 11,294 135,528$ MX060 5 $ 66.78 $ 11,575 138,900$ MX061 5 $ 68.42 $ 11,860 142,320$ MX060 6 $ 70.13 $ 12,156 145,872$ MX061 6 $ 71.88 $ 12,460 149,520$ MX060 7 $ 73.68 $ 12,772 153,264$ MX061 7 $ 75.55 $ 13,095 157,140$ Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 23
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate
MX062 1 $ 57.58 $ 9,980 119,760$ MX063 1 $ 59.00 $ 10,226 122,712$ MX062 2 $ 60.50 $ 10,487 125,844$ MX063 2 $ 62.00 $ 10,747 128,964$ MX062 3 $ 63.59 $ 11,022 132,264$ MX063 3 $ 65.16 $ 11,294 135,528$ MX062 4 $ 66.78 $ 11,575 138,900$ MX063 4 $ 68.42 $ 11,860 142,320$ MX062 5 $ 70.13 $ 12,156 145,872$ MX063 5 $ 71.88 $ 12,460 149,520$ MX062 6 $ 73.68 $ 12,772 153,264$ MX063 6 $ 75.55 $ 13,095 157,140$ MX062 7 $ 77.43 $ 13,421 161,052$ MX063 7 $ 79.36 $ 13,755 165,060$ MX064 1 $ 60.50 $ 10,487 125,844$ MX065 1 $ 62.00 $ 10,747 128,964$ MX064 2 $ 63.59 $ 11,022 132,264$ MX065 2 $ 65.16 $ 11,294 135,528$ MX064 3 $ 66.78 $ 11,575 138,900$ MX065 3 $ 68.42 $ 11,860 142,320$ MX064 4 $ 70.13 $ 12,156 145,872$ MX065 4 $ 71.88 $ 12,460 149,520$ MX064 5 $ 73.68 $ 12,772 153,264$ MX065 5 $ 75.55 $ 13,095 157,140$ MX064 6 $ 77.43 $ 13,421 161,052$ MX065 6 $ 79.36 $ 13,755 165,060$ MX064 7 $ 81.38 $ 14,105 169,260$ MX065 7 $ 83.39 $ 14,454 173,448$ MX066 1 $ 63.59 $ 11,022 132,264$ MX067 1 $ 65.16 $ 11,294 135,528$ MX066 2 $ 66.78 $ 11,575 138,900$ MX067 2 $ 68.42 $ 11,860 142,320$ MX066 3 $ 70.13 $ 12,156 145,872$ MX067 3 $ 71.88 $ 12,460 149,520$ MX066 4 $ 73.68 $ 12,772
153,264$ MX067 4 $ 75.55 $ 13,095 157,140$ MX066 5 $ 77.43 $ 13,421 161,052$ MX067 5 $ 79.36 $ 13,755 165,060$ MX066 6 $ 81.38 $ 14,105 169,260$ MX067 6 $ 83.39 $ 14,454 173,448$ MX066 7 $ 85.45 $ 14,812 177,744$ MX067 7 $ 87.56 $ 15,177 182,124$ MX068 1 $ 66.78 $ 11,575 138,900$ MX069 1 $ 68.42 $ 11,860 142,320$ MX068 2 $ 70.13 $ 12,156 145,872$ MX069 2 $ 71.88 $ 12,460 149,520$ MX068 3 $ 73.68 $ 12,772 153,264$ MX069 3 $ 75.55 $ 13,095 157,140$ MX068 4 $ 77.43 $ 13,421 161,052$ MX069 4 $ 79.36 $ 13,755 165,060$ MX068 5 $ 81.38 $ 14,105 169,260$ MX069 5 $ 83.39 $ 14,454 173,448$ MX068 6 $ 85.45 $ 14,812 177,744$ MX069 6 $ 87.56 $ 15,177 182,124$ MX068 7 $ 89.73 $ 15,553 186,636$ MX069 7 $ 91.90 $ 15,930 191,160$ MX070 1 $ 70.13 $ 12,156 145,872$ MX071 1 $ 71.88 $ 12,460 149,520$ MX070 2 $ 73.68 $ 12,772 153,264$ MX071 2 $ 75.55 $ 13,095 157,140$ MX070 3 $ 77.43 $ 13,421 161,052$ MX071 3 $ 79.36 $ 13,755 165,060$ MX070 4 $ 81.38 $ 14,105 169,260$ MX071 4 $ 83.33 $ 14,444 173,328$ MX070 5 $ 85.45 $ 14,812 177,744$ MX071 5 $ 87.56 $ 15,177 182,124$ MX070 6 $ 89.73 $ 15,553 186,636$ MX071 6 $ 91.90 $ 15,930 191,160$ MX070 7 $ 94.21
$ 16,329 195,948$ MX071 7 $ 96.51 $ 16,729 200,748$ Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 24

ATTACHMENT D

Item 1T - Page 25

SALARY AND CLASSIFICATION
FY 2025-26

GENERAL UNIT

SCHEDULE

Item 1T - Page 26

GENERAL UNIT
Classifications
FY 2025-26
Position Title Table Range
Account Clerk I* G 28
Account Clerk II G 31
Account Specialist I G 35
Account Specialist II G 39
Administrative Assistant G 33
Airport Operations Aide G 34
Airport Operations Specialist I G 44
Airport Operations Specialist II G 46
Animal Services Officer G 36
Building Inspector I G 45
Building Inspector II G 47
Code Compliance Officer* G 41
Cogeneration Technician, Senior G 51
Commercial Vehicle Operator G 32
Community Service Officer G 36
Crime Analyst G 41
Crime Scene Technician G 44
Custodian G 25
Dispatcher G 40
Executive Services Assistant G 28
Fire Prevention Specialist G 42
Housing Program Assistant G 39
Human Resources Technician G 37
Industrial Technician G 45
Industrial Technician, Lead G 48
Information Technology Technician G 46
Library Assistant G 25
Library Assistant, Senior G 29
Lifeguard G 20
Lifeguard Trainee G 19
Lifeguard, Lead G 23
Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 27

GENERAL UNIT
Classifications
FY 2025-26
Position Title Table Range
Maintenance Electrician G 45
Maintenance Coordinator G 41
Maintenance Mechanic I G 35
Maintenance Mechanic, Lead G 38
Maintenance Mechanic, Senior G 45
Maintenance Technician I G 35
Maintenance Technician II* G 39
Maintenance Technician (HVAC) G4 5
Maintenance Technician, Senior G 45
Maintenance Worker I G 28
Maintenance Worker, Lead G 38
Park Ranger G 24
Permit Center Technician G 43
Planning Technician G 41
Plans Examiner G 47
Plans Examiner Trainee G 45
Plans Examiner II G 54
Police Records Technician G 36
Police Services Officer G 30
Police Trainee G 40
Professional Standards Coordinator G 38
Program Coordinator G 35
Property Technician G 37
Public Works Inspector G 46
Recreation Program Assistant G 21
Street/Traffic Maintenance Worker G 31
Street/Traffic Maintenance Worker, Lead G 38
* Denotes Y-Rated Range
58 Effective October 1, 2025

TOTAL CLASSIFICATIONS FOR GENERAL UNIT
Revised September 10, 2025

Item 1T - Page 28

GENERAL UNIT
Classifications
FY 2025-26
Tier I Tier 2
Bilingual 5% $250
Certification (per MOU)
Notary 5% $100
Master's Degree
Revised Sept. 10, 2025

2.5%
The premium pays above of additional compensation are pays which are reportable as special compensation to the extent allowed by Title 2, Section 571 of the California Code of Regulations.

Education or certifications required to meet job requirements are not applicable to receive additional premium pay, unless otherwise specified by MOU.

Wages on the following tables are paid on a bi-weekly basis; other amounts, such as hourly and annual, are provided for comparison. Values are calculated and converted from monthly rate.

All appointments will be made in compliance with California minimum wage laws. 5%
Type
Premium
Effective Oct. 1, 2025

Item 1T - Page 29
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU016 1 $ 18.30 $ 3,172 38,064 $ GU017 1 $ 18.74 $ 3,249 38,988 $ GU016 2 $ 19.19 $ 3,327 39,924 $ GU017 2 $ 19.70 $ 3,414 40,968 $ GU016 3 $ 20.18 $ 3,498 41,976 $ GU017 3 $ 20.68 $ 3,585 43,020 $ GU016 4 $ 21.21 $ 3,677 44,124 $ GU017 4 $ 21.76 $ 3,772 45,264 $ GU016 5 $ 22.28 $ 3,861 46,332 $ GU017 5 $ 22.84 $ 3,959 47,508 $ GU016 6 $ 23.40 $ 4,056 48,672 $ GU017 6 $ 24.02 $ 4,163 49,956 $ GU016 7 $ 24.59 $ 4,263 51,156 $ GU017 7 $ 25.22 $ 4,372 52,464 $ GU018 1 $ 19.19 $ 3,327 39,924 $ GU019 1 $ 19.70 $ 3,414 40,968 $ GU018 2 $ 20.18 $ 3,498 41,976 $ GU019 2 $ 20.68 $ 3,585 43,020 $ GU018 3 $ 21.21 $ 3,677 44,124 $ GU019 3 $ 21.76 $ 3,772 45,264 $ GU018 4 $ 22.28 $ 3,861 46,332 $ GU019 4 $ 22.84 $ 3,959 47,508 $ GU018 5 $ 23.40 $ 4,056 48,672 $ GU019 5 $ 24.02 $ 4,163 49,956 $ GU018 6 $ 24.59 $ 4,263 51,156 $ GU019 6 $ 25.22 $ 4,372 52,464 $ GU018 7 $ 25.86 $ 4,482 53,784 $ GU019 7 $ 26.50 $ 4,593 55,116 $ GU020 1 $ 20.18 $ 3,498 41,976 $ GU021 1 $ 20.68 $ 3,585 43,020 $ GU020 2 $ 21.21 $ 3,677 44,124 $ GU021 2 $ 21.76 $ 3,772 45,264 $ GU020 3 $ 22.28 $ 3,861 46,332 $ GU021 3 $ 22.84 $ 3,959 47,508 $ GU020 4 $ 23.40 $ 4,056 48,672 $ GU021 4 $ 24.02 $ 4,163 49,956 $ GU020 5 $ 24.59 $ 4,263 51,156 $ GU021 5 $ 25.22 $ 4,372 52,464 $ GU020 6 $ 25.86 $ 4,482 53,784 $ GU021 6 $ 26.50 $ 4,593 55,116 $ GU020 7 $ 27.17 $ 4,709 56,508 $ GU021 7 $ 27.84 $ 4,826 57,912 $ GU022 1 $ 21.21 $ 3,677 44,124 $ GU023 1 $ 21.76 $ 3,772 45,264 $ GU022 2 $ 22.28 $ 3,861 46,332 $ GU023 2 $ 22.84 $ 3,959 47,508 $ GU022 3 $ 23.40 $ 4,056 48,672 $ GU023 3 $ 24.02 $ 4,163 49,956 $ GU022 4 $ 24.59 $ 4,263 51,156 $ GU023 4 $ 25.22 $ 4,372 52,464 $ GU022 5 $ 25.86 $ 4,482 53,784 $ GU023 5 $ 26.50 $ 4,593 55,116 $ GU022 6 $ 27.17 $ 4,709 56,508 $ GU023 6 $ 27.84 $ 4,826 57,912 $ GU022 7 $ 28.52 $ 4,943 59,316 $ GU023 7 $ 29.26 $ 5,072 60,864 $ GU024 1 $ 22.28 $ 3,861 46,332 $ GU025 1 $ 22.84 $ 3,959 47,508 $ GU024 2 $ 23.40 $ 4,056 48,672 $ GU025 2 $ 24.02 $ 4,163 49,956 $ GU024 3 $ 24.59 $ 4,263 51,156 $ GU025 3 $ 25.22 $ 4,372 52,464 $ GU024 4 $ 25.86 $ 4,482 53,784 $ GU025 4 $ 26.50 $ 4,593 55,116 $ GU024 5 $ 27.17 $ 4,709 56,508 $ GU025 5 $ 27.84 $ 4,826 57,912 $ GU024 6 $ 28.52 $ 4,943 59,316 $ GU025 6 $ 29.26 $ 5,072 60,864 $ GU024 7 $ 30.
01 $ 5,201 62,412$ GU025 7 $ 30.73 $ 5,327 63,924 $ GU026 1 $ 23.40 $ 4,056 48,672 $ GU027 1 $ 24.02 $ 4,163 49,956 $ GU026 2 $ 24.59 $ 4,263 51,156 $ GU027 2 $ 25.22 $ 4,372 52,464 $ GU026 3 $ 25.86 $ 4,482 53,784 $ GU027 3 $ 26.50 $ 4,593 55,116 $ GU026 4 $ 27.17 $ 4,709 56,508 $ GU027 4 $ 27.84 $ 4,826 57,912 $ GU026 5 $ 28.52 $ 4,943 59,316 $ GU027 5 $ 29.26 $ 5,072 60,864 $ GU026 6 $ 30.01 $ 5,201 62,412 $ GU027 6 $ 30.73 $ 5,327 63,924 $ GU026 7 $ 31.52 $ 5,464 65,568 $ GU027 7 $ 32.28 $ 5,595 67,140 $ GU028* 1 $ 24.59 $ 4,263 51,156 $ GU029 1 $ 25.22 $ 4,372 52,464 $ GU028* 2 $ 25.86 $ 4,482 53,784 $ GU029 2 $ 26.50 $ 4,593 55,116 $ GU028* 3 $ 27.17 $ 4,709 56,508 $ GU029 3 $ 27.84 $ 4,826 57,912 $ GU028* 4 $ 28.52 $ 4,943 59,316 $ GU029 4 $ 29.26 $ 5,072 60,864 $ GU028* 5 $ 30.01 $ 5,201 62,412 $ GU029 5 $ 30.73 $ 5,327 63,924 $ GU028* 6 $ 31.52 $ 5,464 65,568 $ GU029 6 $ 32.28 $ 5,595 67,140 $ GU028* 7 $ 33.10 $ 5,737 68,844 $ GU029 7 $ 33.93 $ 5,881 70,572 $ *GU028 / Y-Rated / $34.75 / $6,024 / $72,288 / Effective 08/03/2025 per Employment Agreement Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 30
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU030 1 $ 25.86 $ 4,482 53,784 $ GU031 1 $ 26.50 $ 4,593 55,116 $ GU030 2 $ 27.17 $ 4,709 56,508 $ GU031 2 $ 27.84 $ 4,826 57,912 $ GU030 3 $ 28.52 $ 4,943 59,316 $ GU031 3 $ 29.26 $ 5,072 60,864 $ GU030 4 $ 30.01 $ 5,201 62,412 $ GU031 4 $ 30.73 $ 5,327 63,924 $ GU030 5 $ 31.52 $ 5,464 65,568 $ GU031 5 $ 32.28 $ 5,595 67,140 $ GU030 6 $ 33.10 $ 5,737 68,844 $ GU031 6 $ 33.93 $ 5,881 70,572 $ GU030 7 $ 34.75 $ 6,024 72,288 $ GU031 7 $ 35.66 $ 6,181 74,172 $ GU032 1 $ 27.17 $ 4,709 56,508 $ GU033 1 $ 27.84 $ 4,826 57,912 $ GU032 2 $ 28.52 $ 4,943 59,316 $ GU033 2 $ 29.26 $ 5,072 60,864 $ GU032 3 $ 30.01 $ 5,201 62,412 $ GU033 3 $ 30.73 $ 5,327 63,924 $ GU032 4 $ 31.52 $ 5,464 65,568 $ GU033 4 $ 32.28 $ 5,595 67,140 $ GU032 5 $ 33.10 $ 5,737 68,844 $ GU033 5 $ 33.93 $ 5,881 70,572 $ GU032 6 $ 34.75 $ 6,024 72,288 $ GU033 6 $ 35.66 $ 6,181 74,172 $ GU032 7 $ 36.52 $ 6,330 75,960 $ GU033 7 $ 37.45 $ 6,492 77,904 $ GU034 1 $ 28.52 $ 4,943 59,316 $ GU035 1 $ 29.26 $ 5,072 60,864 $ GU034 2 $ 30.01 $ 5,201 62,412 $ GU035 2 $ 30.73 $ 5,327 63,924 $ GU034 3 $ 31.52 $ 5,464 65,568 $ GU035 3 $ 32.28 $ 5,595 67,140 $ GU034 4 $ 33.10 $ 5,737 68,844 $ GU035 4 $ 33.93 $ 5,881 70,572 $ GU034 5 $ 34.75 $ 6,024 72,288 $ GU035 5 $ 35.66 $ 6,181 74,172 $ GU034 6 $ 36.52 $ 6,330 75,960 $ GU035 6 $ 37.45 $ 6,492 77,904 $ GU034 7 $ 38.39 $ 6,654 79,848 $ GU035 7 $ 39.38 $ 6,825 81,900 $ GU036 1 $ 30.01 $ 5,201 62,412 $ GU037 1 $ 30.73 $ 5,327 63,924 $ GU036 2 $ 31.52 $ 5,464 65,568 $ GU037 2 $ 32.28 $ 5,595 67,140 $ GU036 3 $ 33.10 $ 5,737 68,844 $ GU037 3 $ 33.93 $ 5,881 70,572 $ GU036 4 $ 34.75 $ 6,024 72,288 $ GU037 4 $ 35.66 $ 6,181 74,172 $ GU036 5 $ 36.52 $ 6,330 75,960 $ GU037 5 $ 37.45 $ 6,492 77,904 $ GU036 6 $ 38.39 $ 6,654 79,848 $ GU037 6 $ 39.38 $ 6,825 81,900 $ GU036 7 $ 40.32 $ 6,989 83,868 $ GU037 7 $ 41.34 $ 7,166 85,992 $ GU038 1 $ 31.52 $ 5,464 65,570 $ GU039* 1 $ 32.28 $ 5,595 67,140 $ GU038 2 $ 33.10 $ 5,737 68,844 $ GU039* 2 $ 33.93 $ 5,881 70,572 $ GU038 3 $ 34.75 $ 6,024 72,288 $ GU039* 3 $ 35.66 $ 6,181 74,172 $ GU038 4 $ 36.52 $ 6,330 75,960 $ GU039* 4 $ 37.45 $ 6,492 77,904 $ GU038 5 $ 38.39 $ 6,654 79,848 $ GU039* 5 $ 39.38 $ 6,825 81,900 $ GU038 6 $ 40.32 $ 6,989 83,868 $ GU039* 6 $ 41.34 $ 7,166 85,992 $ GU038 7 $ 42.
36 $ 7,343 88,116$ GU039* 7 $ 43.45 $ 7,531 90,372 $ GU040 1 $ 33.10 $ 5,737 68,844 $ GU041* 1 $ 33.93 $ 5,881 70,572 $ GU040 2 $ 34.75 $ 6,024 72,288 $ GU041* 2 $ 35.66 $ 6,181 74,172 $ GU040 3 $ 36.52 $ 6,330 75,960 $ GU041* 3 $ 37.45 $ 6,492 77,904 $ GU040 4 $ 38.39 $ 6,654 79,848 $ GU041* 4 $ 39.38 $ 6,825 81,900 $ GU040 5 $ 40.32 $ 6,989 83,868 $ GU041* 5 $ 41.34 $ 7,166 85,992 $ GU040 6 $ 42.36 $ 7,343 88,116 $ GU041* 6 $ 43.45 $ 7,531 90,372 $ GU040 7 $ 44.50 $ 7,714 92,568 $ GU041* 7 $ 45.62 $ 7,908 94,896 $ GU042 1 $ 34.75 $ 6,024 72,288 $ GU043 1 $ 35.66 $ 6,181 74,172 $ GU042 2 $ 36.52 $ 6,330 75,960 $ GU043 2 $ 37.45 $ 6,492 77,904 $ GU042 3 $ 38.39 $ 6,654 79,848 $ GU043 3 $ 39.38 $ 6,825 81,900 $ GU042 4 $ 40.32 $ 6,989 83,868 $ GU043 4 $ 41.35 $ 7,167 86,004 $ GU042 5 $ 42.36 $ 7,343 88,116 $ GU043 5 $ 43.45 $ 7,531 90,372 $ GU042 6 $ 44.50 $ 7,714 92,568 $ GU043 6 $ 45.63 $ 7,910 94,920 $ GU042 7 $ 46.77 $ 8,106 97,272 $ GU043 7 $ 47.95 $ 8,311 99,732 $ *GU039 / Y-Rated / $46.77 / $8,106 / $ 97,272 / Effective 08/03/2025 per Employment Agreement *GU041 / Y-Rated / $46.77 / $8,106 / $97,272 / Effective 08/03/2025 per Employment Agreement Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 31
Scale Code Step
Code
Hourly
Rate
Monthly
Rate Annual Rate Scale
Code
Step
Code
Hourly
Rate
Monthly
Rate
Annual
Rate
GU044 1 $ 36.52 $ 6,330 75,960 $ GU045 1 $ 37.45 $ 6,492 77,904 $ GU044 2 $ 38.39 $ 6,654 79,848 $ GU045 2 $ 39.38 $ 6,825 81,900 $ GU044 3 $ 40.32 $ 6,989 83,868 $ GU045 3 $ 41.35 $ 7,167 86,004 $ GU044 4 $ 42.36 $ 7,343 88,116 $ GU045 4 $ 43.45 $ 7,531 90,372 $ GU044 5 $ 44.52 $ 7,716 92,592 $ GU045 5 $ 45.63 $ 7,910 94,920 $ GU044 6 $ 46.77 $ 8,106 97,272 $ GU045 6 $ 47.95 $ 8,311 99,732 $ GU044 7 $ 49.13 $ 8,516 102,192 $ GU045 7 $ 50.38 $ 8,732 104,784 $ GU046 1 $ 38.39 $ 6,654 79,848 $ GU047 1 $ 39.38 $ 6,825 81,900 $ GU046 2 $ 40.32 $ 6,989 83,868 $ GU047 2 $ 41.35 $ 7,167 86,004 $ GU046 3 $ 42.36 $ 7,343 88,116 $ GU047 3 $ 43.46 $ 7,533 90,396 $ GU046 4 $ 44.52 $ 7,716 92,592 $ GU047 4 $ 45.63 $ 7,910 94,920 $ GU046 5 $ 46.78 $ 8,108 97,296 $ GU047 5 $ 47.95 $ 8,312 99,744 $ GU046 6 $ 49.13 $ 8,516 102,192 $ GU047 6 $ 50.38 $ 8,732 104,784 $ GU046 7 $ 51.63 $ 8,950 107,400 $ GU047 7 $ 52.92 $ 9,173 110,076 $ GU048 1 $ 40.32 $ 6,989 83,868 $ GU049 1 $ 41.35 $ 7,167 86,004 $ GU048 2 $ 42.36 $ 7,343 88,116 $ GU049 2 $ 43.46 $ 7,533 90,396 $ GU048 3 $ 44.52 $ 7,716 92,592 $ GU049 3 $ 45.63 $ 7,910 94,920 $ GU048 4 $ 46.78 $ 8,108 97,296 $ GU049 4 $ 47.95 $ 8,312 99,744 $ GU048 5 $ 49.13 $ 8,516 102,192 $ GU049 5 $ 50.38 $ 8,732 104,784 $ GU048 6 $ 51.63 $ 8,950 107,400 $ GU049 6 $ 52.92 $ 9,173 110,076 $ GU048 7 $ 54.26 $ 9,405 112,860 $ GU049 7 $ 55.61 $ 9,639 115,668 $ GU050 1 $ 42.36 $ 7,343 88,116 $ GU051 1 $ 43.46 $ 7,533 90,396 $ GU050 2 $ 44.52 $ 7,716 92,592 $ GU051 2 $ 45.63 $ 7,910 94,920 $ GU050 3 $ 46.78 $ 8,108 97,296 $ GU051 3 $ 47.95 $ 8,312 99,744 $ GU050 4 $ 49.13 $ 8,516 102,192 $ GU051 4 $ 50.38 $ 8,732 104,784 $ GU050 5 $ 51.63 $ 8,950 107,400 $ GU051 5 $ 52.92 $ 9,173 110,076 $ GU050 6 $ 54.26 $ 9,405 112,860 $ GU051 6 $ 55.61 $ 9,639 115,668 $ GU050 7 $ 57.01 $ 9,881 118,572 $ GU051 7 $ 58.38 $ 10,120 121,440 $ GU052 1 $ 44.52 $ 7,716 92,592 $ GU053 1 $ 45.63 $ 7,910 94,920 $ GU052 2 $ 46.78 $ 8,108 97,296 $ GU053 2 $ 47.95 $ 8,312 99,744 $ GU052 3 $ 49.13 $ 8,516 102,192 $ GU053 3 $ 50.38 $ 8,732 104,784 $ GU052 4 $ 51.63 $ 8,950 107,400 $ GU053 4 $ 52.92 $ 9,173 110,076 $ GU052 5 $ 54.26 $ 9,405 112,860 $ GU053 5 $ 55.61 $ 9,639 115,668 $ GU052 6 $ 57.01 $ 9,881 118,572 $ GU053 6 $ 58.38 $ 10,120 121,440 $ GU052 7 $ 59.
84 $ 10,373 124,476$ GU053 7 $ 61.30 $ 10,625 127,500 $ GU054 1 $ 46.78 $ 8,108 97,296 $ GU055 1 $ 47.95 $ 8,312 99,744 $ GU054 2 $ 49.13 $ 8,516 102,192 $ GU055 2 $ 50.38 $ 8,732 104,784 $ GU054 3 $ 51.63 $ 8,950 107,400 $ GU055 3 $ 52.92 $ 9,173 110,076 $ GU054 4 $ 54.26 $ 9,405 112,860 $ GU055 4 $ 55.61 $ 9,639 115,668 $ GU054 5 $ 57.01 $ 9,881 118,572 $ GU055 5 $ 58.38 $ 10,120 121,440 $ GU054 6 $ 59.84 $ 10,373 124,476 $ GU055 6 $ 61.30 $ 10,625 127,500 $ GU054 7 $ 62.83 $ 10,891 130,692 $ GU055 7 $ 64.36 $ 11,155 133,860 $ GU056 1 $ 49.13 $ 8,516 102,192 $ GU057 1 $ 50.38 $ 8,732 104,784 $ GU056 2 $ 51.63 $ 8,950 107,400 $ GU057 2 $ 52.92 $ 9,173 110,076 $ GU056 3 $ 54.26 $ 9,405 112,860 $ GU057 3 $ 55.61 $ 9,639 115,668 $ GU056 4 $ 57.01 $ 9,881 118,572 $ GU057 4 $ 58.38 $ 10,120 121,440 $ GU056 5 $ 59.84 $ 10,373 124,476 $ GU057 5 $ 61.30 $ 10,625 127,500 $ GU056 6 $ 62.83 $ 10,891 130,692 $ GU057 6 $ 64.36 $ 11,155 133,860 $ GU056 7 $ 65.99 $ 11,438 137,256 $ GU057 7 $ 67.55 $ 11,708 140,496 $ Revised September 10, 2025
Effective October 1, 2025

Item 1T - Page 32

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 10, 2025 CONSENT CALENDAR

SUBJECT: APPROVE REQUEST FOR PROPOSAL S/QUALIFICATIONS FOR AS -

NEEDED VEHICLE TOWING AND STORAGE SERVICES FOR THE

PALM SPRINGS POLICE DEPARTMENT AND ADOPT A RESOLUTION

AUTHORIZING THE ADVERTISEMENT AND SOLICITATION OF

RESPONSES

FROM: Scott C. Stiles, City Manager

BY: Police Department

SUMMARY:

On April 5, 2006, Council adopted Ordinance 1686 which established criteria for the evaluation of proposals and a contractual bidding process for the provision of tow services initiated or requested by the Police Department, including the requirement for competitive bids and the establishment of a citywide rotational dispatch.

This action allows Council to authorize staff to solicit Request for Proposals/Qualifications for new tow service providers for the Department’s as-needed vehicle towing and storage services.

RECOMMENDATION:

1) Authorize staff to advertise and solicit responses for as-needed vehicle towing and storage services for the Palm Springs Police Department; and,

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE REQUEST FOR

PROPOSALS/QUALIFICATIONS FOR THE ROTATIONAL TOW PROGRAM,

AUTHORIZING STAFF TO ADVERTISE AND SOLICIT RESPONSES FOR THE PALM SPRINGS POLICE DEPARTMENT.”

BACKGROUND:

The Police Department relies on timely, reliable responses from official police tow service providers to clear the roadway of damaged vehicles and debris, remove abandoned vehicles, recover stolen vehicles, and help ensure roadway safety. Official police t ow Item 1U - Page 1
City Council Staff Report
September 10, 2025 -- Page 2
Authorize Solicitation of RFP-Q for Police Tow Services

service providers, dispatched on a rotational basis, remove and store vehicles the Department impounds or holds for investigation, examination, or evidence. The Department may initiate tows when a vehicle’s owner/operator is arrested, incapacitated, or fails to express a preference for a particular towing company. The City has historically solicited Requests for Proposals/Statement of Qualifications (RFP/SOQ) and entered into contracts with various tow companies to provide as -needed towing and vehicle stora ge services.

On April 5, 2006, City Council adopted Ordinance number 1686 adding Chapter 11.82 to the Municipal Code, establishing a selection process and contractual system for police tow services. In addition, the ordinance set forth minimum requirements and performance standards for equipment, facilities, personnel , and services for each tow company providing as-needed vehicle towing and storage services requested by the Palm Springs Police Department. There are established procedures for suspending or revoking tow companies that fail to meet the City’s minimum standards, violate federal , state or local laws, or for any cause, which the Police Department determines are in the public interest, convenience, necessity, or general welfare to suspend or revoke an individual agreement.

On July 18, 2018, City Council adopted Resolution No. 24471, approving the City’s RFP to solicit proposals for new tow service providers. In response to the City’s RFP, the City’s three incumbent tow service providers submitted proposals to continue providing tow services to the community. On December 19, 2018, City Council adopted Resolution No. 24536, approving an Official Police Tow Service Agreement with those three firms: A&A Towing and Recovery, Inc. (A6280); Dave’s Towing Service (A6281); and Mohica Towing, Inc. (A6282).

The term of these agreements was 5 years , through December 2024, and has subsequently continued on an interim basis to allow staff to prepare a new Request for Proposals/Statement of Qualifications (RFP/SOQ) to solicit new proposals for tow services.

Section 11.82.060 “Selection process” of the Palm Springs Municipal Code regulates the method by which the City can select contractors to provide tow services for the Police Department. Specifically, the process includes the following:

11.82.060 Selection process.
(a) Using an open, competitive process, the city council shall select one or more persons to serve as an official police tow services provider. The chief of police shall prepare a request for proposals which, at a minimum, must include:
(1) Specifications, terms, conditions and minimum performance standards for towing service; and
(2) The procedures and standards for evaluating proposals and selecting an official police tow services provider.

Item 1U - Page 2
City Council Staff Report
September 10, 2025 -- Page 3
Authorize Solicitation of RFP-Q for Police Tow Services

(b) By resolution, the city council shall adopt the request for proposals and authorize the city clerk to advertise for proposals.
(c) In evaluating a proposal, the city council may consider all relevant facts or information, including any one or more of the following criteria:
(1) Demonstrated financial strength including, but not limited to, the proposer’s:
(A) Current facilities, equipment, and personnel,
(B) Capability of securing financing for facilities, equipment, personnel, or other resources,
(C) Credit worthiness;
(2) Quality of the proposer’s existing or proposed facilities, equipment, and personnel;
(3) Demonstrated and successful completion of services of similar scope and size, including, but not limited to:
(A) Years of experience that the proposer has an official police tow services provider or a municipal service provider,
(B) Timeliness of performance,
(C) Customer satisfaction or complaints;
(4) Other cities’ and clients’ evaluations of the proposer’s prior or current services and any actions taken by such cities or clients regarding the proposer; (5) Demonstrated safety record for the proposer’s tow vehicles and employees; or
(6) Degree to which the proposer ascertained and addressed this city’s needs and priorities.
(d) By resolution, the city council shall award an agreement to a person whom the city council determines is the most qualified to serve as an official police tow services provider. (e) When it best serves the city’s interests, the city council may do any one or more of the following:
(1) Reject all proposals;
(2) Amend, cancel or reissue a request for proposals; (3) Extend the deadline for accepting proposals; or (4) Establish and operate its own municipal towing service, or storage lot, or both.

In accordance with Chapter 11.82 and CVC section 22850.5(a), the Vehicle Towing Administrative Cost Recovery (VTACR) fee is based on the actual and reasonable costs incurred by the City, including administration and overhead, from operating the rotational tow program by the Police Department. Staff evaluated its historic labor and material costs associated with administering the rotational tow program and determined those Item 1U - Page 3
City Council Staff Report
September 10, 2025 -- Page 4
Authorize Solicitation of RFP-Q for Police Tow Services

costs were equivalent to $235 per tow. Council authorized Resolution 25189 on March 14, 2024, adopting the VTACR of $235 per vehicle.

STAFF ANALYSIS:

Palm Springs Municipal Code Section 11.82.060 requires that Council adopt by Resolution the Request for Proposals/Qualifications authorizing staff to solicit responses.

Staff has prepared a new Request for Proposals/Qualifications document for the City’s rotational tow program for the Police Department. Approval of the document will allow staff to proceed with advertising this Request for Proposals/Qualifications, which identifies the City’s requirements and performance standards, payment of fees, reporting requirements and other terms and conditions related to vehicle towing and impound services for the Police Department. Staff proposes that contracts allow for a term of three (3) years, with an option to extend for up to two (2) additional one (1) year terms.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION :

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

FISCAL IMPACT:

Approval of these actions has no fiscal impact, as City expenses associated with administering the rotational tow program are recovered through applicable fees paid by owners of vehicles impounded or towed at the direction of the City’s Police Department via the vehicle towing administrative cost recovery (VTACR) fee as established by the City Council and adopted by Resolution No. 25189 on March 14, 2024.

REVIEWED BY:

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

ATTACHMENTS:

A) RFP-Q 12-25
B) Resolution
Item 1U - Page 4

ATTACHMENT A

Item 1U - Page 5

CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT

REQUEST FOR QUALIFICATIONS 12-25

OFFICIAL POLICE TOWING AND STORAGE SERVICES

ISSUED: SEPTEMBER 15, 2025

Item 1U - Page 6

TABLE OF CONTENTS

SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS ............................................... 1

1.1. Request for Statement of Qualifications ..................................................................... 1

1.2. Term ............................................................................................................................ 1

1.3. Schedule ..................................................................................................................... 1

1.4. Procurement Officer and Delivery Address: ................................................................ 1 SECTION 2 – INSTRUCTIONS TO RESPONDERS ................................................................. 2

2.1. Obtaining RFQ Documents and Addenda: ................................................................. 2

2.2. Pre-Qualification Conference: ..................................................................................... 2

2.3. Responder’s Minimum Requirements: ........................................................................ 2

2.4. Submission of Statements of qualifications: ............................................................... 3 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT .......................................... 4

3.1. Request for Clarifications/Questions: .......................................................................... 4

3.2. Responders Ethical Behavior: ..................................................................................... 4

3.3. Statements of Qualifications to Remain Open: ........................................................... 4

3.4. Right to Accept or Reject Statements of Qualifications:.............................................. 4

3.5. Responsibility of Responder: ...................................................................................... 4

3.6. Insurance: ................................................................................................................... 4

3.7. Public Record: ............................................................................................................. 5

3.8. Cost Related to Statement of Qualifications Preparation: ........................................... 5

3.9. Compliance with Law: ................................................................................................. 5

3.10. Licenses, Permits, Fees and Assessments: ............................................................... 6

3.11. Investigations: ............................................................................................................. 6

3.12. Non-Collusion: ............................................................................................................ 6

3.13. Signed Statement of Qualifications and Exceptions: .................................................. 6

3.14. Award of Contract: ...................................................................................................... 7

3.15. Form of Agreement: .................................................................................................... 7 SEC
TION 4 – SCOPE OF WORK .............................................................................................. 9 SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ........... 29

5.1. Statement of Qualifications Requirements: ............................................................... 29

5.2. Statement of Qualifications Format: .......................................................................... 29

5.3. Statement of Qualifications Content: ........................................................................ 29

5.4. Submission of Statement of Qualifications: .............................................................. 33 SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION ........................................ 34

6.1. Evaluation of Statements of Qualifications: .............................................................. 34

6.2. Selection Process and Award of Contract: ............................................................... 35 SECTION 7 – RFQ FORMS ..................................................................................................... 36 SECTION 8 – SAMPLE AGREEMENT ...................................................................................... 1

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SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS

1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with Towing services . The scope of work will consist of towing services on a regular basis in the performance of their emergency response and traffic control duties, including response to and the investigation of vehicular accidents

1.2. Term
The term of this contract will be for three years, with two one-year option to renew at the City’s sole discretion.

1.3. Schedule
The following is the schedule for this procurement:

Activity Due/Time
Request for Qualifications Issued September 15, 2025
Pre-Qualification Conference
September 23, 2025 @ 9:00 am
PST
Requests for Clarifications from
Responders are due
September 30, 2025 @ 3:00 pm
PST
Responses to Requests for Clarification will
be posted via Addendum October 06, 2025
Statements of Qualifications are Due October 14, 2025 @ 2:00 pm PST Recommendation/Selection (tentative) October 21, 2025
Projected Date for Award of Contract/ PO November 12, 2025

1.4. Procurement Officer and Delivery Address:

Anil Cholakkara
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8361
Email: [email protected]

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SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1. Obtaining RFQ Documents and Addenda:

RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ.

2.2. Pre-Qualification Conference:

A Pre-Qualification Conference will be held as follows:

Date: Tuesday, September 23, 2025
Time: 9:00 am PST
Location: Virtually. - Interested participants who wish to participate in the Prequalification conference by following the directions below:

Microsoft Teams meeting
Join on your computer or mobile app
Microsoft Teams
Join the meeting now
Meeting ID: 232 800 031 646 2
Passcode: qU7g9Wi2

Dial in by phone
+1 872-239-6004,,532711850# United States, Chicago
Find a local number
Phone conference ID: 532 711 850#

All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

2.3. Responder’s Minimum Requirements:

A. Experience: The Responder must have prior experience in official police tow services provider or a municipal service provider. Responders shall outline this experience in Section A of the proposal.

B. Facility: The Responder must have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet. Upon notification of intent to award the Responder shall facilitate a site walk with Police Department personnel to ensure the facility meets the outlined requirements.

B.1. The vehicle storage facility must be located within the corporate city limits of the City of Palm Springs.

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B.2. The vehicle storage facility must be completely enclosed by a six-foot high wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall of fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight fee in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence.

Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty-four hours.

B.3. The vehicle storage facility shall have adequate lighting, and comply with all applicable building code, zoning regulations, environmental laws and regulations, and any and all the applicable laws, rules and regulations established by federal, state, county and or city governments.

B.4. No official police tow service provider shall perform any work in the vehicle storage facility upon any vehicles stored or impounded by the police department without first obtaining authorization from the police department and the registered owner of the vehicle.

B.5. Official police tow service provider shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the police department. Nothing herein shall be deemed to prevent or prohibit the official police tow service provider from commencing the lien sale process on any such impounded vehicle.

B.6. Official police tow services provider shall have cameras installed or cause to be installed upon award of contract in accordance with Section 17.7 on the attached sample contract.

C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.

2.4. Submission of Statements of qualifications:

1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. F ailure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications . Statement of Qualification files shall be clearly labell ed per the instructions provided and submitted electronically.

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SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1. Request for Clarifications/Questions:

A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.

B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ . The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

3.2. Responders Ethical Behavior:

Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a statement of qualifications.

3.3. Statements of Qualifications to Remain Open:

The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.

3.4. Right to Accept or Reject Statements of Qualifications:

The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications, as best serves the interests of the City.

The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.5. Responsibility of Responder:

All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the statement of qualifications package, etc.), the statement of qualifications shall be rejected.

3.6. Insurance:

Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ . The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their statement of qualifications.

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3.7. Public Record:

1. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act.

Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.

2. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a statement of qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.

3. If a submitting party contends that a portion of the statement of qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a statement of qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications ma y be found non- responsive.

3.8. Cost Related to Statement of Qualifications Preparation:

The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.

3.9. Compliance with Law:

Responder warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

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3.10. Licenses, Permits, Fees and Assessments:

Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ.

Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded.

Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.11. Investigations:

The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any statement of qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

3.12. Non-Collusion:

The undersigned, by submission of this procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of Non- Collusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.

3.13. Signed Statement of Qualifications and Exceptions:

Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications , and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted statements of qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

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3.14. Award of Contract:

It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

3.15. Form of Agreement:

A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement ( see Section 8).

Please note that the Exhibits a re intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.

B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on.

We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “ Conflict of Interest” and “ Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:

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

B. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e. , place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”) . Responder shall ensure that applicants are employed, and that employees are treated during their Item 1U - Page 14

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employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

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SECTION 4 – SCOPE OF WORK

4.1. Contractor shall perform vehicle towing, impound, and storage services as directed by the Department and in addition such other services as provided in this Agreement, and shall provide necessary storage facilities, tow services, labor, materials, equipment, machinery, and tools.

4.2 Contractor shall comply with all federal, state, and local laws, ordinances, rules, and regulations that regulate tow units and the impound, towing, storage, selling, or junking of vehicles. Specific services include, but are not limited to, towing and storage of vehicles involved in accidents or disabled for other causes (when alternate towing is either not appropriate or is not requested by the owner or operator of the vehicle) and towing and storing of vehicles which for other reasons are within the jurisdiction of the Palm Springs Police Department, including impounded/forfeited vehicles under the provisions of California Vehicle Code 14602.6 and 14607.6. Contractor shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.

4.3 Contractor shall also provide the following special services to the City, at no charge to City:

4.3.1 Contractor shall participate in a monthly rotational tow schedule for VillageFest, with the department assigning a tow company each month and providing advanced notice. Contractors must maintain detailed records of all VillageFest tows, including the date, time, and storage location (if applicable), and submit a monthly report detailing all tows and any
fee waivers applied
Towing services shall be provided in accordance with the City’s official towing rotation. Towing operations will commence one (1) hour and thirty (30) minutes prior to the start of VillageFest. Any vehicle remaining within the designated event boundaries may be subject to towing at the sole discretion of a Department officer, with no vehicle removed without explicit officer authorization.

Towed vehicles shall first be transported to a designated drop location, where they will remain until (30) thirty minutes past the official start time of VillageFest.

If the registered owner or authorized agent claims the vehicle during this holding period, they shall be charged for one (1) hour of towing service, and all City administrative fees shall be waived. The tow operator shall be responsible for facilitating vehicle release during this time.

Once the holding period expires, all unclaimed vehicles shall be relocated to the Contractor’s storage facility, where standard storage fees shall apply.

Registered owners or authorized agents of vehicles towed from VillageFest shall be charged for one (1) hour of towing service and all City administrative fees shall be waived. Contractors must ensure full compliance with all record- keeping, reporting, and operational requirements as set forth by the Department.

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4.3.2 Towing services necessary to support the City’s Annual Special Events, which require street closures. On a rotational basis, as needed and determined by the Department, Contractor shall remove cars from areas within the designated boundaries, coordinating with Special Events staff and the Department.

Annual Special Events include, but are not limited to the following:

1. Homecoming Parade

2. Pride Block Parties

3. Pride Festival

4. Pride Parade

5. Veteran’s Day Parade

6. Festival of Lights Parade

7. Tour de Palm Springs

8. Black History Parade

Contractors will be utilized on a rotational basis for each individual tow during special events. For parades, any vehicles parked along the designated parade route that require removal will also be towed on a rotational basis prior to the start of the event. Vehicles towed from special event routes requiring street closures shall be subject to standard towing and storage fees, however, all City administrative costs shall be waived.

Once the route is cleared and the parade is underway, one Contractor will remain on standby for the entirety of the event to provide tow services such as a float, vehicle, or equipment breakdown. Standby assignments will be rotated for each parade to ensure equity among all participating Contractors. The assigned Contractor shall have a tow vehicle staged within the immediate vicinity of the event to ensure a prompt response. The Department will determine standby locations and response protocols to support efficient vehicle removal while minimizing disruption to the event.

4.3.3 As-needed abatement of vehicles from private property at the direction of the City’s Code Enforcement Officers in accordance with the City’s Abandoned Vehicle Abatement Program in accordance with the terms and conditions set forth in Title 11 of the City of Palm Springs Municipal Code, “Peace, Morals and Safety”, Chapter 11.80, “Abandoned Vehicles” which is incorporated herein by reference and may be found online at: City of Palm Springs, CA ABANDONED VEHICLES. No charge shall be assessed against City or the owner of any vehicle that is towed, stored, or dismantled under the provisions of the Abandoned Vehicle Abatement Program.

4.4 Contractor is hereby designated as an authorized official police tow service provider for City by the Chief of Police. All trucks, personnel, and equipment used by Contractor in the performance of this Agreement shall be owned by or leased to Contractor and shall be subject to all provisions and performance standards set forth herein.

4.5 Contractor acknowledges and agrees that this Agreement to provide tow services as set forth herein is non-exclusive. City intends to concurrently contract with other designated tow service providers. City shall utilize the services of each tow service provider as City, in its sole discretion, deems necessary and appropriate.

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4.6 C onsideration : In consideration of Contractor’s agreement to perform the services provided for herein, City agrees that throughout the term of this Agreement, Contractor shall have:

4.7 The right to tow, impound, and store vehicles at the direction of the Department, subject to the Department’s rotational call-for-service system, as it may be amended from time to time, at the Department’s sole discretion, and the right to identify itself as an official police tow service provider for City.

4.8 Provided, however, that nothing contained herein shall deprive the owner or operator of a vehicle from requesting and receiving towing services from a person or entity other than Contractor.

4.9 Provided, however, that when, in the opinion of the Department, an emergency exists or where Contractor is either unable or unwilling for any reason to provide adequate or timely tow service, then the Department shall have the right to call other qualified tow services. Under such circumstances, the decision to call another tow service shall be at the exclusive discretion of the Department.

4.10 Rates and VTACR Fee

4.10.1 In accordance with Sections 11.82.090 and 11.82.100 of the Palm Springs Municipal Code, and as authorized by California Vehicle Code Section 22850.5, the Vehicle Towing Administrative Cost Recovery (VTACR) Fee is imposed to recover the City’s actual and reasonable administrative costs associated with the enforcement, removal, storage, and release of impounded vehicles. These costs include overhead, personnel, and contract management expenses necessary to operate the official police tow services program. Pursuant to Resolution No. 25189, the City Council has reviewed and adopted a VTACR fee in the amount of $235.00 per tow, calculated based on the City's total annual administrative cost of $345,016.16.

Each official police tow services provider shall collect the VTACR fee at the time of vehicle release and remit payment to the City of Palm Springs no later than the 10th day of each month. The remittance shall include an itemized report detailing all vehicles towed under the program. The VTACR fee shall be paid regardless of whether the vehicle owner claims the vehicle, and tow companies remain responsible for payment even in cases where a lien is enforced under California Civil Code Section 3068.2. The City may waive the VTACR fee in cases of abandoned vehicles, where neither the City nor the Contractor collects any towing or storage fees, and the Contractor avails itself of the Abandoned Vehicle Abatement Program, as set forth in Palm Springs Municipal Code Section 11.80. The Tow Fee Schedule is adopted as follows:

Fee Schedule

TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*
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STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $90
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235

OTHER RELATED FEES

ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW ½

ESTABLISHED

TOW RATE
*Hourly rates

4.10.2 When Contractor fails, neglects, or refuses to pay or remit the VTACR fee under this Section, or otherwise pays the VTACR fee, but later cancels or stops payment on it, and in either situation that payment or remittance is lawfully due or owing, the entire amount of the unpaid or non-remitted VTACR fee constitutes a debt to the City by Contractor, which the City may recover in a civil action. Failure to timely pay the VTACR shall also be deemed a material breach of this Agreement, and the City may terminate the Agreement as provided for herein.

4.10.3 “Dry Runs”: City shall not be liable to pay Contractor any charge whatsoever or fee for a call that does not result in a chargeable service being rendered by Contractor (i.e., a “dry run”). In the event City errs in impounding a vehicle, Contractor shall cause the release of the vehicle, upon the direction of the Department, without charge for towing or storage.

4.10.4 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council of the City shall establish the fee schedule for services to be provided under this Agreement. All charges for towing, impound, storage, and other services required to be performed by Contractor under the terms and conditions of this Agreement shall not exceed those charges adopted by City Council.

4.10.5 All rates and charges shall be conspicuously posted in the Contractor’s office and in all tow vehicles and shall be available for review by City personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be the Contractor’s responsibility to collect payment for services it renders Item 1U - Page 19

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under this Agreement from the motorists, and City shall not be responsible in any way whatsoever for payment of these charges.

4.10.6 Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or agent of the owner claiming the vehicle.

4.10.7 Department may waive the VTACR fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims.

Circumstances under which the VTACR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.

4.10.8 In the event that a vehicle is towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall waive all towing, storage, and administrative fees associated with the erroneous tow. The Department shall provide written or electronic authorization confirming the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.

4.10.9 Whenever a motorist requests tow assistance and does not specify a particular tow company or membership agency, the service shall be assigned to the Contractor in accordance with the Department’s adopted rotational call -for- service system. All charges arising out of such assistance assigned to the Contractor shall be the exclusive responsibility of Contractor and the requesting motorist. The Department shall not be liable for any charges whatsoever arising out of a motorist assistance call. Contractor shall not charge such motorist more than the rates specified in this Agreement.

4.11 Term and Termination

4.11.1 This Agreement shall remain in effect for three (3) years from the Effective Date.

This Agreement may be reviewed at the conclusion of the initial three (3) year period and extended for up to two (2) one (1) year periods by mutual written agreement of the parties.

4.11.2 Subject to the requirements of Palm Springs Municipal Code Section 11.82.150, as it may be amended from time to time, this Agreement may be cancelled, revoked, and/or suspended by City at any time during the three (3) year term, or the subsequent one (1) year optional terms, if extended, upon Contractor’s breach of this Agreement. In the event of termination for cause by City, Contractor shall be compensated for those services that have been fully and adequately completed and accepted by the Department as of the date of termination.

Termination of this Agreement for cause may be considered by City in determining whether to enter into future contracts with Contractor.

4.11.3 This Agreement may also be cancelled without cause upon thirty (30) days written notice provided by the City or upon ninety (90) day written notice from the Contractor. In the event that City should cancel, revoke, or suspend Contractor’s work pursuant to this Section 5.3, Contractor shall be entitled to payment for services fully and adequately provided hereunder prior to the effective date of the Item 1U - Page 20

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cancellation, revocation, or suspension. Contractor shall provide documentation deemed adequate by the Department to show the services actually completed by Contractor prior to the effective date of termination. Contractor’s sole remedy for City’s cancellation, revocation, or suspension of work pursuant to this Section 5.3 shall be the payment of funds as expressly provided in this Section 5.3.

4.11.4 In the event this Agreement is terminated, in whole or in part, as provided by this Section 5, City may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated.

4.11.5 The rights and remedies of the parties provided in this Section 5 are in addition to any other rights and remedies provided by law or under this Agreement, including, but not limited to, those rights and remedies set forth in Palm Springs Municipal Code Section 11.82.150, as it may be amended.

4.12 Location

4.12.1 All storage facilities that are utilized to store police-stored or impounded vehicles by Contractor shall be located within the corporate city limits of the City of Palm Springs.

4.12.2 All vehicles stored or impounded at the direction of the Department shall be towed, without delay, directly to Contractor’s impound and storage facilities, unless the Department or other person legally in charge of the vehicle requests that it be taken to some other location.

4.12.3 Any change in Contractor’s operating/facility locations shall be reported, in writing, to the Department at least thirty (30) days prior to making such change

4.13 Personnel

4.13.1 Contractor shall ensure that its employees and tow truck operators are qualified and competent employees of the company and are sufficiently trained and capable to ensure the safe and proper discharge of their service responsibilities. All tow truck operators shall be trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the Department rotation program. Contractor shall ensure that each tow truck operator and employee providing dispatch services for Contractor participate in one (1) customer service training offered by, but not limited to, a local community college or tow industry association, at least once every two years.

4.13.2 All tow truck operators shall be required to have all necessary certificates required by the State of California to operate a tow truck, including a valid California Tow Truck Driver Certification and California Driver’s Licenses in the proper class pursuant to Vehicle Code Sections 12520 and 12804.9(b).

Within ten (10) days of the Effective Date of this Agreement, and annually thereafter (within ten (10) days of the anniversary of the Effective Date of this Agreement), Contractor shall provide a list of its tow truck operators and a Item 1U - Page 21

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CHP Form 234F (Tow Operator/Driver Information) for each tow truck operator and such other executed releases and authorizations as the City may require to allow the Department to conduct a background check, including, but not limited to a State of California Department of Motor Vehicles (“DMV”) printout, and fingerprints for each tow truck operator to be utilized in Department tow program. Any subsequent employment of a new tow truck operator shall be reported in writing to the Department immediately, including submittal of the above-referenced materials.

4.13.3 All tow truck operators shall be required to have a safe driving record, be 18 years of age or older, and be subject to driving record and criminal background checks by the Department.

4.13.4 Contractor shall have an alcohol and drug program that includes, at a minimum, an alcohol and drug free workplace policy, and a tow truck operator alcohol/drug- testing program that complies with the U.S.

Department of Transportation requirements to the extent allowed by law, including random alcohol and drug testing. Any tow truck operator found working under the influence of alcohol or drugs shall be immediately removed from operating a tow truck and from providing any further services pursuant to this Agreement. The alcohol and drug program shall meet the following requirements
a. A contract with a program administrator and authorized lab certified by the U.S. Department of Transportation; and
b. Procedures and components substantially as in Part 40 of Title 49 of the Code of Federal Regulations for pre-employment; and
c. Procedures and components substantially as in Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return-to-duty and follow up testing; and
d. Procedures and components for random testing following U.S. Department of Transportation guidelines, and additional tests as required following accidents, rehabilitation, return-to -service, and other circumstances providing reasonable suspicion to test; and
e. Monthly reports of the random testing component shall be filed with the Department by the program administrator no later than the 10th day following the end of the previous monthly reporting period; and f. Contractor and program administrator’s alcohol and drug program records shall be made available to the Department upon request; and g. Drivers must show a valid California driver’s license at the time and place of testing; and
h. All test results are kept confidential except that the Department is authorized to receive copies for its administrative purposes, and except as otherwise authorized or required by law.

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4.13.5 Contractor shall participate in the California Department of Motor Vehicles (DMV) Employer Pull Notice Program, or any similar program as may be approved by the Department

4.13.6 Contractor shall not employ in the performance of services pursuant to this Agreement any tow truck operator convicted of or having pled nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or moral turpitude, fraud related to the towing business, a violation of any of the provisions of Vehicle Code Section 22658, or misdemeanor or felony driving while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code Section 13377. If any tow truck operator is charged with any of the above- listed crimes, Contractor shall immediately suspend that operator from duties under this Agreement pending the outcome of the criminal case.

4.13.7 Tow truck operators shall maintain acceptable standards of dress, including uniforms, and cleanliness while on duty in the community.

4.13.8 Tow truck operators shall fully cooperate with and abide by the instructions of the Department’s officers.

4.13.9 If any tow truck operator becomes ineligible to provide operator services under t his Agreement, Contractor shall immediately notify the Department in writing of such ineligibility and the reason(s) therefore.

4.13.10 If requested by the Department, all tow truck operators shall obtain from the Department a clip-on identification tag, which such operator shall wear at all times when performing services pursuant to this Agreement in order to allow ease of tow truck operator identification.

4.13.11 While involved in the Department rotation tow operations or related business, Contractor and its employees shall refrain from any act(s) of misconduct, including but not limited to, any of the following enumerated acts. At the sole discretion of the Police Chief or his/her designee, non-compliance with this section may constitute grounds for disciplinary action.

4. 13.12 Rude or discourteous behavior.

4.13.13 Lack of service, selective service, or refusal to provide service which Contractor should be capable of performing.

4.13.14 Any act of sexual harassment or sexual impropriety.

4.13.15 Unsafe driving practices.

4.13.16 Exhibiting any objective symptoms of alcohol and/or drug use.

4.13. 17 A
ppearing at the scene of a Department rotation tow call with the odor of an alcoholic beverage or cannabis emitting from his/her breath. The truck operators shall submit to a preliminary alcohol and/or cannabis screening test upon demand of the Department.

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4.14 Tow Service Duties
After being dispatched to the scene by the Department, Contractor shall comply with the following:

4. 14. 1 Not move nor attach a tow truck to any vehicle until instructed to do so by the investigating officer of the Department;

4.14.2 Cooperate with the investigating officer of the Department in removing hazards and/or illegally parked vehicles, and in the storing or impounding of such vehicles as requested. It is the duty of the police officers to determine when a vehicle should be impounded or moved, and the tow truck attendant shall abide by their decisions;

4.14.3 On collision calls, clean-up and remove all debris from the accident scene, including, but not limited to, clean-up and removal of all hazardous materials/vehicle fluids in the street with absorbent material, as directed by Department officers and Section 27700 of the California Vehicle Code.

4.14.4 Provide the owner or driver of towed vehicles (when present at scene) with an Contractor business card indicating where vehicle will be stored or impounded (including address and telephone number); and

4.14.5 Deliver upon request all personal property located within stored or impounded vehicles upon: (a) presentation of proper identification; and (b) in the case of impounded vehicles, written authorization by the Department.

4.15 Response to call and response time

4.15.1 Contractor shall be placed on a “rotation list” in an initial order to be determined by the Police Chief. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever a Department employee stores or impounds a vehicle and the driver or owner is not present or is not consulted.

4.15.2 Contractor shall be called in response to a Department request upon the occurrence of its turn in rotation. Whenever Contractor cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, it shall be passed over and the next official police tow service provider on the list will be called. Contractor shall become eligible to provide service again only in its next turn in rotation.

Whenever a Department employee determines that an emergency exists because Contractor is unable, for any reason, to provide adequate tow service, the Department employee shall have the right to have such services performed by any other means available. In the event a Department employee cancels a rotation tow due to no fault on the part of the Contractor, Contractor shall be placed on the top of the rotation list for the next requested tow.

4.15.3 When Contractor will be temporarily unavailable to provide services due to a preplanned/scheduled activity (i.e., vacations, maintenance, medical leave, etc.), Contractor shall notify the Department at least twenty-four (24) hours prior to the date that services will be unavailable, noting times and dates of the unavailability.

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4.15.4 When responding to a Department call, Contractor shall perform the towing or service required for which it was called. This requirement may be waived by the Department officer in charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Contractor supplies the wrong equipment, it shall be placed upon the bottom of the Department rotation list.

4.15.5 Contractor shall not respond to a Department call assigned to another official police tow service provider unless requested to do so by the Department. If the Contractor responding to a Department call requires the assistance of an additional tow truck at the scene, Contractor may, subject to the prior approval of the Department officer in charge, request the official police tow service provider next on the Department rotation list to assist it.

4.15.6 Contractor’s dispatcher shall notify the Department when a tow vehicle cannot respond immediately, give the reason for the delay, and an estimated time of arrival. In the event of an additional delay, Contractor’s dispatcher shall again notify the Department and give the new estimated time of arrival. To ensure a timely response, the Department, in its sole discretion, may cancel any call- for- service because of a response delay and may request service from the next official police tow service in the rotation.

4.15.7 If the Contractor’s telephone or radio is not promptly answered, or if the line is busy when called by the Department after two (2) attempts, Contractor will be bypassed, and the Department shall select the next official police tow service provider in the rotation.

4.15.8 If, while rendering assistance in response to a Department call for towing, a second Department call for towing is generated to Contractor’s operator, Contractor shall, before responding to the second call, ensure that all vehicles at the first site are sufficiently clear of the roadway so that no obstruction to normal traffic exists. Once the second call is handled to conclusion, the vehicles at the first site may be towed as necessary.

4.15.9 Contractor agrees that, for any thirty day period, the average response time pursuant to requests for tow service by the Department within the City of Palm Springs shall not exceed fifteen minutes. Contractor also agrees that the maximum response time for any single request for tow service by the Department shall not exceed twenty minutes.

4.16 Equipment Standards

4.16.1 Contractor shall equip and maintain tow trucks covered under the Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, the specifications contained in this Agreement, and in a manner consistent with industry standards and practices.

4.16.2 All recovery vehicles (wreckers) shall have an extendable/retractable recovery boom meeting the specifications contained in this Agreement, and the most recent electronic version of the CHP 234B, Tow Truck Inspection Guide.

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4.16.3 An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.

4.16.4 An auto-loader without an extendable/retractable boom is an additional unit and shall not be used for recovery.

4.16.5 For purposes of the Agreement, recovery is defined as a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.

4.16.6 A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck should be cause for immediate suspension. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck’s unloaded front axle weight on the front axle when towing.

4.16.7 There are two (2) classes of tow trucks covered under this Agreement a.

Class A- Light Duty: Contractor shall maintain a minimum of one tow truck, which has a manufacturer’s GVWR of at least 14,000 pounds.

Class A 4-wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the 234A. These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive. b. Class B - Medium Duty: Contractor shall maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.

4.16.8 For purposes of the Agreement, a “low-boy trailer” is considered special equipment.

4.17 General Equipment Specifications

4.17.1 Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association and truck manufacturers.

Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

4.17.2 Identification Labels: Each piece of towing equipment shall have a manufacturer’s label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.

4.17.3 Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell).

4.17.4 The structural design of the recovery equipment must have a higher load capacity than the performance ratings.

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4.17.5 Winches shall conform to, or exceed, the specifications set forth by the Recovery Equipment Rating, Society of Automotive Engineers (SAE) Handbook, and SAE J706.

4.17.6 All ratings for wire rope and chain assemblies are for the undamaged assembly condition. All wire rope and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer.

4.17.7 Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

4.18 Communications and Operational Requirements

4.18.1 Contractor shall maintain a twenty-four (24) hour per day telephone answering service to receive calls from the public and the Department.

4.18.2 Contractor shall require its telephone answering service to retain data and records relating to the City’s requests for towing services on premises for the term of this Agreement.

4.18.3 Contractor shall require its answering service to promptly accept and relay requests for towing services made by the City. Failure or refusal to promptly relay the City’s requests for towing services shall constitute failure to comply the requirements, terms and conditions of this Agreement and may result in suspension or termination of the Agreement.

4.18.4 Contractor shall install and maintain, to the satisfaction of City, at all times during the term of this Agreement, radio or cellular telephone transmission and reception contact between the Contractor communication contact shall be maintained twenty-four (24) hours a day, seven (7) days a week.

4.18.5 Contractor shall provide to the Department a list of telephone numbers to be called in order of priority, and immediately upon any change in such telephone numbers or in the priority thereof shall notify the Department in writing with the effective date of such change.

4.18.6 Contractor’s business office shall be located within its storage yard and attended at all times for servicing the public and the City from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1, known as New Year’s Day; third Monday in January, known as Dr. Martin Luther King Jr.’s Birthday; third Monday in February, known as Washington’s Birthday/President’s Day; last Monday in May, known as Memorial Day; July 4, known as Independence Day; first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; November 11, known as Veteran’s Day; fourth Thursday in November, known as Thanksgiving Day; and December 25, known as Christmas Day. If January 1, July 4, November 11 or December 25 fall upon a Sunday, the Monday following is a holiday and if they fall upon Saturday, the preceding Friday is a holiday.

Contractor may make an additional charge for after normal business hours release of vehicles consistent with the guidelines or provisions of the City Council resolution establishing fees and charges for tow services.

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4.18.7 Contractor shall provide twenty-four (24) hour towing service, seven (7) days a week, during the term of this Agreement.

4.18.8 Contractor shall ensure that there will be an employee on call capable of being present or available for releasing impounded or stored vehicles to the public twenty-four (24) hours a day, seven (7) days a week.

4.19 Vehicle Identification

4.19.1 Contractor’s vehicles shall display identification signs, in compliance with Section 27907 of the California Vehicle Code. Contractor shall not display any signs or advertising that indicate the Contractor is an official towing service or police garage of the City.

4.19.2 Contractor shall not, through their advertisements or otherwise, in any way publicize any official or other business connection with City, nor shall Contractor advertise any address or telephone number of the City as a location to call for vehicle towing and storage service.

4.20 Storage service responsibilities

4.20.1 Contractor shall be responsible for all vehicles, accessories, and equipment thereon, and all personal property therein, stored by it. It shall be Contractor’s duty to protect such stored vehicles, accessories, equipment, and property against all loss, damage by fire, theft, or other causes. In the event of loss or damage to a stored vehicle, its accessories or equipment, or personal property contained in the vehicle, Contractor shall be responsible to the owner for all losses or damages.

4.20.2 Contractor shall be responsible for the acts and omissions of its employees while on duty. Contractor shall be responsible for any property damage caused by the active or passive negligence of Contractor or its employees.

4.20.3 Contractor shall abide by all federal, state, and local laws pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result of tow ordered by the Department for any purpose except as expressly authorized under this Agreement .

4.20.4 All vehicles stored or impounded by Contractor as a result of a tow ordered by the Department shall be towed directly to an official storage lot, unless the Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be limited to those established by resolution of the City Council of the City of Palm Springs.

4.20.5 Contractor shall release vehicles stored or impounded by the Department pursuant to authorization provided by appropriate employees of the Department. Such authorization shall be in writing on a form provided by the Department or may be given verbally by employees authorized by the Department to provide verbal releases.

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adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a “police hold”.

4.20.7 Personal property in vehicles stored by Contractor shall not be disposed of to defray any charges for the towing or storage of a vehicle; and, if not called for by the owner within thirty (30) days after date of notice by the Department of impound or storage, all such property shall be disposed of in accordance with all State, County and Municipal laws, statutes, ordinances and regulations, including without limitation, Vehicle Code Section 10652 (reporting storage of vehicles over thirty days).

4.20.8 Contractor shall take whatever actions and precautions necessary to protect the engines, trunks and interior areas of all stored or impounded vehicles against the elements by rolling up windows, closing doors, trunk lids and hoods, and, if necessary, covering the vehicle or parts thereof exposed to the weather with plastic, canvas or other waterproof covering.

4.20.9 Contractor shall park all stored or impounded vehicles in such a manner as to prevent any damage while other vehicles are being moved or parked in the vicinity of said vehicles.

4.20.10 Contractor is authorized and encouraged to take photographs of vehicles towed under this Agreement for the sole purpose of documenting the condition of the vehicle, including any damage or lack thereof, at the time of the tow.

Such photographs shall be treated as confidential and may only be disclosed to the vehicle owner or other interested parties, as determined by the Department in its sole and absolute discretion. Under no circumstances shall Contractor post, publish, or otherwise disseminate such photographs— whether in print, online, through social media, or by any other means—without the prior written consent of the Department.

4.21 Storage Facility Standards

4.21.1 Contractor shall provide a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand (15,000) usable square feet.

4.21.2 The vehicle storage facility must be located within the corporate City limits of the City of Palm Springs, unless previous authorization from the Department has been obtained.

4.21.3 The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps or other unsecured openings, and a gate.

The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty- four hours.

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established by federal, state, county and/or city governments.

4.21.5 Contractor shall not perform any work in the vehicle storage facility upon any vehicle stored or impounded by the Department without first obtaining authorization from the Department and the registered owner of the vehicle.

4.21.6 Contractor shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the Department.

Nothing herein shall be deemed to prevent or prohibit Contractor from commencing the lien sale process on any such impounded vehicle.

4.21.7 The Contractor must install and maintain a continuously recording video surveillance system, as approved by the Chief of Police or their designee .

This system shall, at the minimum , monitor the entirety of indoor and outdoor vehicle storage lots, any points of ingress or egress to the establishment, and all locations within the establishment open to the public.

Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress. Images captured by the surveillance system shall be retained for a period of no less than thirty (30) days and must be made accessible to the Chief of Police or their designee upon request. Copies of footage shall be made available to the Chief of Police or his designee no later than two (2) business days after a request for the footage is made.

4.21.8 Throughout the term of this Agreement, Contractor shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner.

4.21.9 All Contractor’s records, equipment, and storage facilities will be subject to periodic checks by the Department or other City investigators during normal business hours. Contractor shall provide access to employees of City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this Agreement are being fulfilled.

4.22 Reports and Records

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

4.22.2 Reports: Contractor shall periodically prepare and submit to the City such reports concerning the performance of the Services required by this Agreement, or as the City shall require.

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4.22.3 Ownership of Documents: All reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the City or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages.

Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied in this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

4.22.4 Release of Documents. All reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the City. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.

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

4.22.6 Contractor shall comply with the following specific requirements relating to reports and records of its tow services:
a. Contractor shall record and log the time each call is received, the time of dispatch, the time of arrival, and the time in or of the end of service on every tow truck assignment Such records shall be submitted electronically with the monthly VTACR Fee payment, and available and open to City examination.
b. Contractor shall maintain at its place of business, complete and accurate records of all tow services furnished under this Agreement, including a description of all vehicles towed, impounded, or stored at the request of the Department, the nature of services performed with respect to each tow for each towing assignment, and the itemized charges accrued on each vehicle for towing and storage.

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4.22.7 Record systems must provide for immediate access, upon inquiry by the Department, to the following information.
a. Locate vehicle from the Department record number;
b. Locate vehicle from license number only
c. Locate vehicle from make, color, date, and location of impound. d. Date of filing all lien sale documents with DMV.

4.22.8 Contractor shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following information

a. Total Department impounds and storages;
b. Number of times dispatched by the Department;
c. Number of calls for service resulting in impounds; d. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, and as that law may be amended from time to time; e. Number of vehicles sold on lien sale under authority of Civil Code Section 3073, and as that law may be amended from time to time; f. Certification of (a) the availability of the names and addresses of buyers sand description of vehicles when sold and (b) that such names, addresses, and descriptions are available for inspection by the Chief of Police and the Finance Director; and
g. Number of calls for service answered in which time beyond one hour was required to be handled.

4.23 Liens and Disposals

4.23.1 Contractor shall provide the Department with a list of unclaimed vehicles thirty (30) days before they are scheduled to be disposed of or sold. On or before the 10th day of each month, Contractor shall furnish to the Department a list of all vehicles that have been sold at lien sales during the previous month, and date of the action. The list shall include the vehicle owner’s name, address, vehicle make, year and model, license number, VIN number, and Department record number. Copies of all lien sale documents shall be resubmitted with such list. The documents shall be dated and include all charges imposed on each sale.

4. 23.2 Contractor shall abide by all federal, state, and local laws pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result of tow ordered by the Department for any purpose except as expressly authorized under this Agreement.

4.24 Performance

4.24.1 Contractor shall perform the services required under this Agreement in an ethical, professional, and orderly manner and shall endeavor to obtain and keep the confidence of the motoring public.

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be monitored and verified by the Supervisor or Sergeant of the Department’s Traffic Division.

4.24.3 Contractor acknowledges and agrees that the minimum performance standards required under this Agreement shall include the performance standards described in the SOQ, but not be limited to, the following;

a. Timely payment to City of VTACR Fee

b. Contractor shall provide payment to the City by the 1 0 th day of each
month, for the preceding month tows for all vehicle impound subject to the Vehicle Towing Administrative Cost Recovery fee.
c. Contractor shall include with each VTACR payment both a paper and electronic report of all the preceding months tows in which they collected the VTACR fee, in a format approved by the Department. d. VTACR payment and report shall be provided to the following departments: Police

i. Timely submission of all required monthly reports.
ii. No more than three (3) “passes” on tow assignments within single calendar month.
iii. The ability to maintain an average response time of fifteen (15) minutes or less.
iv. Successful re-inspection of equipment and facilities. v. Maintenance of an error rate of less than ten (10) percent on tow invoices, a s determined by a random audit of thirty (30) tow invoices.
vi. A complaint ratio involving incidents of misconduct as provided in Section 7.11 of this Agreement of not more than one (1) percent of all tow requests
.

4.25. Inspection

4.25.1 Contractor acknowledges a requirement to pass one (1) annual inspection of all tow trucks utilized on Department rotation calls, in order to qualify for participation in the term of the Agreement.

4.25.2 Department may conduct additional inspections without notice during normal business hours.

4.25.3 Contractor’s operator shall not dispatch any tow truck which has not been inspected and approved by the Department.

4.25.4 The Department shall inspect a tow truck within thirty (30) days of a request from an operator prior to use in the Rotation Tow Program.

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4.25.5 The intent of the inspections is to ensure Contractor is involved in an ongoing safety maintenance program for their tow trucks. The annual inspection is not intended to find out what needs to be repaired/replaced on Contractor’s tow trucks. A tow truck responding to a Department call shall be properly equipped and operating in a safe condition.

4.25.6 Contractor shall be provided with written notification of the failure/denial of any tow truck or equipment and allowed a hearing upon request to the Department.

4.25.7 All of the equipment listed on an operator’s CHP 234A shall be accounted for during the annual inspection.

4.25.8 Contractor shall provide a current copy of their California Air Resource Board Certificate of Reported Compliance Truck and Bus Regulation commencing July 1, 2020.

4.26 Special Equipment

4.26.1 To properly and safely tow, service, or recover the wide variety of vehicles being operated on the highway, a towing procedure may require the use of special equipment specifically designed for the purpose. This special equipment shall be listed on the Contractor’s CHP 234A and should be used when appropriate.

4.26.2 All special equipment listed on the CHP 234A shall be accounted for during the annual inspection, as well as when additional equipment is added.

4.26.3 Any special equipment, which requires certification/inspection of the equipment and/or operator (e.g., cranes, forklifts), the applicable and current certification/inspection document shall be provided to the California Highway Patrol Area office at the time of enrollment or as equipment, is added by an operator.

4.27 Risk

4.27.1 Contractor assumes all risk in the event of damage, theft, fire, or otherwise, of the vehicles or any other property towed, impounded, or stored by Contractor, its employees or agents.

4.27.2 Notwithstanding any other term or condition herein, in responding to a call from the Department, Contractor shall have no claim whatsoever against City or any right to recover from City for the cost of any of the services it renders in the performance of this Agreement. Contractor shall look solely and exclusively to the owner of the vehicle, towed, impounded, or stored, for payment of the services provided by the Contractor.

4.27.3 Contractor shall assume the entire risk of nonpayment of any service charges incurred pursuant to this Agreement.

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4.28 Insolvency

Contractor shall not, without the prior written consent of the Chief of Police, suffer either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor or make a general assignment of such assets for the benefit of creditors. Any such action taken or suffered by Contractor under any insolvency or bankruptcy proceeding constitutes a breach of contract by Contractor and all property assigned by City for safe care shall be “released” to another assigned service provider, as specified by the Chief of Police or his or her designee, with a reimbursement for towing, storage, and related fees borne by the service provider assuming the new responsibility

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SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND

ORGANIZATION

5.1. Statement of Qualifications Requirements:

The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements.

5.2. Statement of Qualifications Format:

Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 30 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit (everything else does).

5.3. Statement of Qualifications Content:

A. Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.

B. Each statement of qualifications package must include one separate electronic file as follows:

The “Statement of Qualifications”, shall include the following items:

Statement of Qualifications: The statement of qualifications shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:

Section A: Facilities, Equipment and Personnel
A.1 F acilities. Give the address of your firm’s tow yard in Palm Springs. Include the capacity (size) of your storage area; describe the enclosure, i.e., paved, locks, length and height of fences, hours of operation, etc. Indicate your facility’s compliance with or deviation from applicable City zoning codes. If you operate from other locations (s), state the location(s). Provide the location and capacity of any secondary storage facilities.

A.2 Equipment. Identify in detail each vehicle and all related equipment that your firm would utilize in the City’s rotations tow program.

A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your proposal. In addition to the form, in this Item 1U - Page 36

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section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFP.

A.4 Personnel. Identify all personnel that will provide services under the City’s rotational tow program. Include all drivers, supervisors and office personnel. Provide a Form 234F for each driver that will perform services for the City’s rotational tow program.

A.5 Identify the Responders recruitment, hiring, training, and customer service practices.Section B: Staff, Teams (including any subcontractors) qualifications and experience including References B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.

B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.

B.3. Discuss your organizational structure and your management system.

B.4 The Responders shall identify any ongoing program(s) to identify substance abuse, in accordance with the Department of
Transportation (DOT) Employee Testing Act of 1991.

B.5 Provide in detail a description of the industry experience of your key management personnel.

B.6 Responders shall provide a brief history of the firm in the towing industry.

Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.

C.2 Anything else the City should consider as part of this process.

Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work.

C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.

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Section D: Financial and Organization Stability
D.1 Provide evidence of the financial stability of your firm.

D.2 Identify the Responders capability of securing financing for facilities, equipment, personnel, or other resources.

D.3 Provide evidence of Responders credit worthiness (i.e. credit report).

D.4 Identify your vehicle replacement policy, the age of your current equipment and your plans for acquisition of new and or
replacement equipment.

D.5 Adequacy of Business Records: Responder shall identify how your firm will (provide samples of all such documentation outlined below with your Statement of Qualifications):
a. Track the status of all vehicles towed for the City through the rotational tow program;
b. Report the status of all such towed vehicles to the City, when requested to do so;
c. Keep track of gross receipts received through participation in the City’s rotational tow program;
d. Keep track of information related to lien sales.

D.7 Provide certificates of insurance evidencing the insurance coverages carried by Responder.

D.8 Identify the procedures, the staff and other resources and the training your firm has with performing vehicle abatement services.

Section E: Successful Completion of Similar Service Arrangements.

E.1 Identify the years of experience that you have as an official police tow services provide or a municipal service provider.

E.2 List any contracts your firm currently has, or has had in the recent pact (last 5 years), similar to the City’s requirements. Give the name and current phone number of a contact person for each reference.

E.3 State any complaints your firm has received within the past two year, or the absence thereof (include equipment violations, inspection citations, etc.)
E.4 Indicate whether or not you have ever been suspended or terminated from a towing program operated by another government agency for any reason.

E.5 Identify your prior experience performing abandoned vehicle abatement services for public agencies.

Section F: Safety Record
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F.1 Describe your firm’s safety policies and all safety training provided to your employees.

F.2 State any safety violations or incidents occurring within the past three years and how they were resolved.
a. Also, state any citations on vehicles owned/operated by your firm. Indicated whether or not you have ever been suspended from towing by another government agency for safety violation(s). If so, supply the date and describe the violations and or incident(s).

Section G: Local Preference
G.1 List all team members with local expertise. Clearly define their role in the overall project.

Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests the preference based on employing local residents must provide proof of full -time primary residency from a jurisdiction in Item 1U - Page 39

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the Coachella Valley with the statement of qualifications. The City reserves the right to determine eligibility.

Section F: Forms: - Please include the following completed forms with your statement of qualifications
a. Completed Signature authorization and Addenda
Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non-Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D)
f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)

5.4. Submission of Statement of Qualifications:

One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.

All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.

Statements of qualifications not meeting the above criteria may be found to be non- responsive.

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SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION

6.1. Evaluation of Statements of Qualifications:

This solicitation has been developed in the RFQ most qualified firm format.

Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.

An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

Criteria Points
Facilities, Equipment and Personnel 20
Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 20 Demonstrated Understanding of the overall project and requested Scope of Work
20 Financial and Organization Stability 10
Successful Completion of Similar Service Arrangements. 15 Safety Record 15
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.

Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their statement of qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.

Interviews – The City reserves the right to interview top ranking proposers. If interviews are required, the proposers invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.

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6.2. Selection Process and Award of Contract:

Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation of a fair and reasonable price and if successful will be recommended for award of the contract. If the negotiations are not successful, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contrac t.

Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City.

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SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form , including Addenda acknowledgment. Must be completed and included with the statement of qualifications.

ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “D” – Business Disclosure Form . Must be completed and included with the statement of qualifications.

ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “F” - Executive Order N -6-22 Certification *Must be completed for state funded work and submitted with the statement of qualifications.

Item 1U - Page 43

ATTACHMENT “A”

SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________

A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________

PRINTED NAME AND TITLE
____________________________________________________

SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:

____ A company;
____ A corporation If a corporation, organized in the state of: __________

2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed non- responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # _______________ is/are hereby acknowledged.

Item 1U - Page 44

ATTACHMENT “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of , the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications, or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.

Signature:______________________________________________

Title: _____________________________________________

Date: ______________________
Item 1U - Page 45

ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

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

Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05 .02, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

NAME OF RESPONDER: ________________________________________

NAME and TITLE of Authorized Representative:

(Print) ______________________________________________________________

Signature and Date of Authorized Representative:

(Sign) ____________________________________________ (Date) ________________ Item 1U - Page 46

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

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

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

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

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

What Must I Disclose?
Item 1U - Page 47

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

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

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

What if I Have Questions?

PENALTIES

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

*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item 1U - Page 48

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

6. Officers, Directors, 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

________________________  Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other
___________________________

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

________________________________  Officer  Director  Member  Manager Item 1U - Page 49

[name]  General Partner  Limited Partner
 Other
__________________________

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

Item 1U - Page 50

City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item 1U - Page 51

ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Item 1U - Page 52

ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 12-25)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:______________________________________

Item 1U - Page 53

SECTION 8 – SAMPLE AGREEMENT
Item 1U - Page 54

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CITY OF PALM SPRINGS

OFFICIAL POLICE TOW SERVICE AGREEMENT

THIS OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “Agreement”) is made and entered into on this day of __________, 2025 by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”), and
(hereinafter referred to as “Contractor”). Any reference in this Agreement to the “Department” shall be deemed to refer to the Palm Springs Police Department.

RECITALS
A. Pursuant to Chapter 11.82 of the Palm Springs Municipal Code, as now or hereafter amended (the “Tow Ordinance”), City’s Police Department requires the aid and assistance of towing services on a regular basis in the performance of its emergency response and traffic control duties, including response to and the investigation of vehicular accidents.

B. As a means for providing the necessary towing service, City has approved the use of one or more towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the Tow Ordinance, the City’s Police Department, the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (RFQ 12-25) for Towing and Storage of Vehicles, as requested by the Department.

C. Official police tow services provider means a towing company selected by the Department to be used on-call and on a rotational basis for any police emergency or response situation where the use of a tow truck is required.

D. In order for the Contractor to perform as a towing services company for City, the towing service company must enter into a contractual agreement with City and must be designated by City as a towing services company.

E. Contractor owns or leases tow trucks and employs personnel that are capable of providing the desired vehicle towing and storage services to City.

F. City desires to designate Contractor and Contractor desires to accept and be designated by City, as an independent towing services company, for purposes of providing police towing and vehicle impound and storage services for City, pursuant to the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises, covenants, and conditions contained herein, City and Contractor agree as follows:

AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this Agreement; (2) the City of Palm Springs Request for Statements of Qualifications (RFQ 12- 25) for Towing and Storage of Vehicles as Requested by the Palm Springs Police Department (“SOQ”), including all addenda issued related thereto; and, (3) the signed, Item 1U - Page 55

Page 2 of 18 ends

original Statement of Qualifications submitted (“Submittal”) by Contractor in response to the SOQ, which shall all be referred to collectively hereinafter as the “Contract Documents.” The SOQ and signed submittal are both hereby incorporated by reference and are made part of this Agreement as though fully set forth herein. All provisions of the SOQ and the Submittal shall be binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract Documents, the provisions of the Agreement, then the provisions of the SOQ, then the provisions of the Submittal shall control. To ensure the efficient performance of police towing services for the Department, Contractor hereby agrees to the following service provider requirements, specifications, performance criteria, and terms and conditions:

1.0 DEFINITIONS
For purposes of this Agreement, the following words and phrases have the meanings ascribed to them unless the context otherwise requires:
“Administrative cost” means all direct and indirect costs associated with the administration of the provisions of the Tow Ordinance and any agreement entered into pursuant thereto. “Attendant” or “provider” means a trained and/or qualified individual responsible for the operation of a tow truck or vehicle storage facility.
“Contractor” means the Official Police Tow Services Provider under contract with the City pursuant to this Agreement.
“Hearing Officer” means the Chief of Police or a designee of the Chief of Police designated by the Chief of Police to hear any appeal or conduct a hearing pursuant to the provisions of the Tow Ordinance.
“Non-consensual vehicle towing” means towing service:

1. Ordered or requested by the City’s police department or other City employees who are duly authorized by law to remove, impound, or store vehicles.

2. Done without the vehicle owner’s or operator’s knowledge, consent, or authorization, regardless of whether the vehicle is on public or private property. Examples include, but are not limited to, a vehicle for which registration is at least six months past due, or a vehicle driven by persons who are not licensed for that particular class of vehicle, or when an owner or an operator:

a. Is arrested, detained, incapacitated, or physically unable to drive the vehicle, or

b. Fails to either designate or express a preference for a particular towing company.

“Official police tow services provider” means a towing company having a contractual relationship with the City of Palm Springs to provide towing services to the Police Department.

“Operator” means a person who is lawfully entitled to possession of a vehicle. The term includes the owner’s agent.

“Owner” has the same meaning as that that term is defined in Vehicle Code Section 460, or any successor legislation. The term includes the owner’s agent.

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“Person” means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized.

“Police Chief” means the Chief of Police for the City of Palm Springs, or the designee of the Chief of Police.

“Recovery” refers to responding to a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.

“Response time” means the elapsed time between the relaying of the tow service request to the Contractor and arrival of the appropriate tow vehicle on the scene.

“Tow truck” is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles.

“Towed” means a vehicle hauled, pulled, or transported by a tow truck.

“Towing service” means roadside assistance, towing, storing, lien-selling, or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.

“Vehicle” has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation. A “stored vehicle” or “impounded vehicle” is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a Vehicle Report (currently, CHP form is provided to the Official Police Tow service provider).

2.0 COORDINATION OF WORK

2.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: [INSERT NAME],
[INSERT TITLE]. It is expressly
understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services performed hereunder.

The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

2.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services.

Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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2.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement.

Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City.

If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumul ative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

2.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. The following additional provisions shall apply:

2.4.1 During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, empl oyees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venture or a member of any joint enterprise with Contractor.

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2.4.2 Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

2.4.3 No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations as otherwise provided for in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.

3. INSURANCE

3.1 Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement.

All insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

3.0.1 Commercial Business Automobile Liability, as required by Vehicle Code Section 16500.5. Such coverage must cover all owned, hired, and non-owned vehicles, including leased and rented vehicles. If Contractor does not own any vehicles, this requirement may be satisfied by a non- owned vehicle endorsement to the CGL and Umbrella/Excess policies. The coverage shall include bodily injury and property damage, with a combined single limit of not less than $1,000,000 per occurrence (Combined single limit each accident for bodily injury and property damage). These minimum standards are to include non-owned and hired auto coverage.

3.0.2 Uninsured Motorist, with a combined single limit of not less than the legal minimum.

3.0.3 On-Hook Coverage / Garage Keepers Legal Liability insuring the vehicle in tow, with not less than the following limits based on the size of the tow truck:

A. Class A tow truck $100,000
B. Class B tow truck $100,000

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3.0.4 Garage Liability Insurance, including premises and operations coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

3.0.5 Garage Keepers Liability, in an amount not less than the amounts required for On-Hook coverage for vehicles in the care, custody, and control of Contractor in the storage yard.

3.0.6 Workers’ Compensation (Statutory) and Employer’s Liability Insurance.

Contractor shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state and federal acts or laws applicable; and shall indemnify, defend, and hold
harmless City and its Council Members, officers, employees, and agents from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys’ fees and costs incurred by City or presented, brought, or recovered against City, its Council Members, officers, employees, and agents, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by Contractor under this Agreement.

Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3.0.7 Commercial General Liability Insurance (CGL): Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

3.0.8 Employer Liability Insurance: Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

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requirements of Section 34631.5 of the Vehicle Code.

3.1 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement.

Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

3.2 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

3.2.1 For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.

3.2.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

3.2.3 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

3.2.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

3.2.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure
timely compliance with all insurance submittal requirements as provided in this Agreement.

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