Palm Springs City Council
November 12, 2025

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

SECTION 1. The Conformity Report, dated October 6, 2025, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe.

SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2025-0001), as outlined in the Agreement, is hereby waived:

Section 5. Joint Meeting.
“Within thirty (30) days (of the City Council’s adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.” ADOPTED THIS 12TH DAY OF NOVEMBER, 2025.

SCOTT C. STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK

O – Page 676 of 1899
Resolution No. _____

O – Page 677 of 1899
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, 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 _______________________, 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

O – Page 678 of 1899
RESOLUTION NO._______

EXHIBIT A
Case CR-2025-0001
Southwest Corner of East Alejo Road & North Sunrise Way APN: 508-060-017, Government Lot 140
November 12, 2025

RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Director of Planning Services, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition.

PLANNING DIVISION CONDITIONS
PLN 1. Outdoor Lighting Conformance. It is recommended that exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized.

PLN 2. Water Efficient Landscaping Conformance. It is recommended that the project conform to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning Services for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 3. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the

O – Page 679 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

PLN 4. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).

PLN 5. Impact Fees. The developer shall pay to the City or designated entity (e.g.

Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (TUMF).

PLN 6. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.

ENGINEERING DIVISION CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

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

STREETS

O – Page 680 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

ENG 1. It is recommended that any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

ENG 2. It is recommended that Master planned roadways shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City.

ENG 3. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant’s Engineer of Record.

ENG 4. It is recommended that applicant submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

ENG 5. It is recommended that all Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

ALEJO ROAD
ENG 6. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

ENG 7. It is recommended the applicant Construct 6 inch curb and gutter 27 feet south of centerline along the entire frontage (and transition to existing improvements along the frontage of APN 508-060-038) with a 35 feet radius curb return, spandrel and cross gutter at southwest corner of Alejo Road and Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

O – Page 681 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

ENG 8. It is recommended the applicant construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Alejo Road and Sunrise Way and in accordance with City of Palm Springs Standard Drawing No. 212.

ENG 8. It is recommended the applicant Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 9. It is recommended the applicant Construct a 45 feet wide main entrance in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 10. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 11. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 12. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced.

SUNRISE WAY
ENG 13. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the southwest corner of Sunrise Way and Alejo Road, in accordance with City of Palm Springs Standard Drawing No. 105. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted
ENG 14. It is recommended the applicant remove existing curb and gutter and construct an 8 inch curb and gutter, 38 feet west of centerline along the

O – Page 682 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

entire frontage in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 15. It is recommended the applicant construct a 30 feet wide entrance in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 16. It is recommended the applicant Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 17. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 18. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 19. It is recommended to be in accordance with the Section 14 Master Specific Plan, the applicant shall plant shade trees and landscaping to separate pedestrians from traffic where feasible, as approved by Planning Department and the City Engineer. The landscaping shall be consistent with landscaping located at the northwest corner of Sunrise Way and Tahquitz Canyon Way. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the frontage.

ENG 20. It is recommended to be in accordance with the Section 14 Master Specific Plan, the applicant is to design and install an electrical system for installation of Sunrise Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as required by the City Engineer. The lighting system shall be installed and operational, and

O – Page 683 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer.

ENG 21. It is recommended to construct a 14-feet wide raised, landscaped median island as specified by the City Engineer extending from Alejo Road to Desert Palms Drive. Design and construct applicable turn pockets. The median nose width shall be constructed 4 feet wide and shall have stamped colored concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, or as approved by the City Engineer.

ENG 22. It is recommended to submit median landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Facilities. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant (applicant to enter into maintenance agreement with City) upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The median island landscaping shall have a similar design and plant palette as the median landscaping existing on Sunrise Way and Tahquitz Canyon Way.

ENG 23. It is recommended to construct a 170-feet long by 12-feet wide bus turn out to begin approximately 130 feet south of centerline of Alejo Road. Bus stop furniture and other accessories, as required by SunLine Transit Agency, shall be provided by the developer, as necessary.
a. Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out.

ENG 24. It is recommended to construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210

ON-SITE
ENG 25. It is recommended the minimum pavement section for all on-site pavement for private streets and drive isles shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 26. It is recommended on-site private streets and drive isles shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept

O – Page 684 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

SANITARY SEWER
ENG 27. It is recommended all sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes.

ENG 28. It is recommended the on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Services Department for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes.

Sewer manhole covers shall be identified as “Private Sewer”. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division.

ENG 29. It is recommended the applicant Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. All on-site sewer systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site sewer systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.

ENG 30. It is recommended the project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of permits.

GRADING
ENG 31. It is recommended the applicant submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm

O – Page 685 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

ENG 32. It is recommended prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 33. It is recommended the applicant In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

O – Page 686 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

ENG 34. It is recommended the temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed.

Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 35. It is recommended Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 36. It is recommended A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009- DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

ENG 37. It is recommended this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP) Meeting EPA standards (state requirements not required). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the upto-date SWPPP shall be kept at the project site and be available for review upon request.

ENG 38. It is recommended the applicant In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 39. It is recommended the applicant submit a Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

O – Page 687 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

ENG 40. It is recommended the applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 41. It is recommended the applicant In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

ENG 42. (RESERVED)

WATER QUALITY MANAGEMENT PLAN
ENG 43. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development (if any).

ENG 44. It is recommended that a Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

O – Page 688 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

DRAINAGE
ENG 45. It is recommended all stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required.

ENG 46. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development.

ENG 47. It is recommended the applicant submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

ENG 48. It is recommended that all on-site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.

GENERAL
ENG 49. It is recommended that any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern

O – Page 689 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

ENG 50. It is recommended that all proposed utility lines shall be installed underground.

ENG 51. It is recommended that nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

ENG 52. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

MAP
ENG 53. It is recommended the developer shall apply for an annexation to the City of Palm Springs Community Facilities District (2007-1) established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application.

The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval.

ENG 54. It is recommended a Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Services Department as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits.

ENG 55. It is recommended In accordance with Government Code Section 66411.1, the Tentative Parcel Map is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer and secured by a construction agreement and a maintenance and warranty

O – Page 690 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

bond (held for one year upon acceptance) in accordance with Government Code Section 66462.

ENG 56. It is recommended that upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following:

ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

TRAFFIC
ENG 57. It is recommended a minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 58. It is recommended to submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer prior to issuance of any encroachment or building permits. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy.

ENG 59. It is recommended to relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of Alejo Road and Sunrise Way in accordance with the requirements of the City of Palm Springs. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of the Certificate of Occupancy, unless otherwise allowed by the City Engineer.

ENG 60. It is recommended that all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights,

O – Page 691 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

associated with the proposed development shall be replaced as required by the City Engineer.

ENG 61. It is recommended that striping for a 5 feet wide bike lanes per the Section 14 Master Plan as required by the City Engineer.

ENG 62. It is recommended that stop signs, stop bars, and “STOP” legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer.

ENG 63. It is recommended that construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

FIRE DEPARTMENT CONDITIONS
The Fire Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

O – Page 692 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

FID 4. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 5. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 6. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 7. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 8. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.

FID 9. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

FID 10. Private Fire Hydrants: Additional private hydrants may be required.

FID 11. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key switch when required by the fire code official. Secured nonautomated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official.

FID 12. Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke

O – Page 693 of 1899
Conditions of Approval - Case CR-2025-0001
November 12, 2025

alarms within the dwelling & guest house to sound and activate the exterior horn/strobe
FID 13. NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA Standard 13R, 2022 Editions, as modified by local ordinance.

END OF CONDITIONS

O – Page 694 of 1899

ATTACHMENT C

O – Page 695 of 1899
ZONING
Z Attachment 4
APPENDIX 4

AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT #1324A R19450, 1-6-99

THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS (“Agreement”) is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal. Council (the “Tribe”), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the City). This Agreement is made with reference to the following:

RECITALS:

A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State law. The trust land of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent with principles of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the “Land Use Agreement”), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust Z Attachment 4:1 Supp 0, Xxx 20xx

O – Page 696 of 1899

PALM SPRINGS CODE
by the United States for the tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and F. WHEREAS, the Tribe has generally supported development consistent with the City’s General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner.

The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City’s and the Tribe’s normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City.

IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Pre-Submittal.

Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building.

2. Submission of Report.

When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project including preliminary or schematic design, the Tribe shall submit to the City a report on the Project (“Project Report”). As used herein, “Reservation” means those lands whose legal description is set forth in Exhibit A hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City’s and the Tribe’s development standards, an analysis of the fiscal impact of the Project and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law.

The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of Z Attachment 4:2 Supp 0, Xxx 20xx

O – Page 697 of 1899
ZONING
the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe’s planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when development is contemplated, and when the development is contemplated, and when the development can be described and its impacts forecast.

3. Administrative Review.

Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City’s existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the city necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes charges, and assessments; to the extent that any of such revenues will not accrue to the city, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result and what the overall economic impact will be of the Project on the city. Within thirty (30) days of the City Manager’s receipt of the Report from the Tribe, the City shall prepare the “Administrative Analysis” of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval.

4. City Council Conformity Report.

The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council’s Conformity Report (“Conformity Report”). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis.

5. Joint Meeting.

Upon the City Council’s adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.

6. Final Tribal Action.

At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Z Attachment 4:3 Supp 0, Xxx 20xx

O – Page 698 of 1899

PALM SPRINGS CODE
Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law.

7. Waiver.

With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated.

8. Amendments.

This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party.

9. Approval.

This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.

10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.

This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels.

11. Lands Located Outside Reservation.

The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 CFR. § 151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels.

IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written.

CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.

Will Kleindienst, Mayor
Z Attachment 4:4 Supp 0, Xxx 20xx

O – Page 699 of 1899
ZONING
Attest:

Judith Sumich, City Clerk
Approved as to form:

David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A

AGUA CALIENTE BAND OF CAHUILLA

INDIANS,
a federally-recognized Indian tribe
By:

Richard M. Milanovich, Chairman
Approved as to form:

Art Bunce, Tribal Attorney
Z Attachment 4:5 Supp 0, Xxx 20xx

O – Page 700 of 1899

ATTACHMENT D

O – Page 701 of 1899
Inspire Sunrise

PROJECT REPORT
Prepared by:

AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264
October 6, 2025

O – Page 702 of 1899
Inspire Sunrise Project Report October 6, 2025
i

TABLE OF CONTENTS
Sections
I. INTRODUCTION.................................................................................................................. 1 II. EXISTING CONDITIONS ..................................................................................................... 2 III. STATEMENT OF PROJECT.................................................................................................... 2 IV. ARCHITECTURAL AND LANDSCAPE CONCEPT ................................................................. 5 V. ENVIRONMENTAL ANALYSIS ............................................................................................. 5 VI. TENTATIVE PARCEL MAP NO. 39368.................................................................................. 6 VII. FISCAL IMPACT ANALYSIS................................................................................................. 6 Tables
TABLE 1 DEVELOPMENT STANDARDS COMPARISON ........................................................ 4 Exhibits

EXHIBIT A PROJECT SITE LOCATION

EXHIBIT B EXISTING SITE CONDITIONS

EXHIBIT C PROJECT SITE PHOTOS

EXHIBIT D SITE PLAN

EXHIBIT E ARCHITECTURAL ELEVATIONS

EXHIBIT F BUILDING RENDERINGS

EXHIBIT G FLOOR PLANS

EXHIBIT H PRELIMINARY LANDSCAPE PLAN
EXHIBIT I TENTATIVE PARCEL MAP NO. 39368

O – Page 703 of 1899
Inspire Sunrise Project Report October 6, 2025
1 I. INTRODUCTION
Inspire Sunrise (the “Project”) is a 62-unit, attached, upscale residential apartment development proposed to be constructed on approximately five acres of Tribal Trust land (the “Project Site”) of the Agua Caliente Band of Cahuilla Indians (the “Tribe”).

The Project Site is located within Section 14, Township 4 South, Range 4 East of the San Bernardino Base and Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation at the southwest corner of Sunrise Way and Alejo Road. (See Exhibit A, Project Site Location Map).

As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs (the “City”) dated December 15, 1998, the Tribe has prepared this report on Inspire Sunrise (the “Project Report”) for the City’s administrative review. The following key Tribal and/or City actions establish the project approval process for Tribal lands:

1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324 (the “Land Use Agreement”) adopted by City Council Resolution No. 12298. Pursuant to the Land Use Agreement, the parties agreed that applications for issuance of permits and development pertaining to Indian Trust lands would initially be processed through the City, with the City collecting its normal fees and charges.

Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust lands, with the decision of the Tribal Council being final, after considering the recommendation of the Indian Planning Commission, as well as applicable Federal and Tribal law.

2. On January 5 and July 27, 1995, the City and the Tribe amended the Land Use Agreement with Supplement Nos. 3 and 4, respectively, which exempted certain Tribal lands from the Land Use Agreement.

3. On December 15, 1998, the Tribe and City entered into the aforementioned Land Use Coordination Agreement, which provides for City review and comment on projects exempted from the Land Use Agreement, while retaining the Tribe’s final approval and authority over projects on Tribal land.

4. On February 3, 1999, the City and the Tribe amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement subject to the Land Use Coordination Agreement process.

5. On October 17, 2018, the City and the Tribe entered into an Amended and Restated Land Use Contract (the “Contract”) that superseded all prior agreements regarding land use between the Tribe and the City, including the Land Use Agreement and all supplements and amendments. As with the prior Land Use

O – Page 704 of 1899
Inspire Sunrise Project Report October 6, 2025
2 Agreement, the Contract exempts all Tribal lands which are then subject to the Land Use Coordination Agreement process.

This Project Report serves as an expanded project description and goes “hand in hand” with other submittal documents including technical reports and other pertinent information. The proposed Project will be developed to the standards of development identified in this Project Report.

II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the Project Site is vacant undeveloped land covered with scattered creosote brush. There is no curb, gutter, or public sidewalk installed along the northern edge of the Project Site, and the eastern edge only has curb and gutter with a partial sidewalk extending approximately 100’ south from the intersection of Alejo and Sunrise to an existing Sunline Transit Stop. (See Exhibit C, Project Site Photos). Utility connections for water, sewer, natural gas, electricity, and telecommunication services are available, and the public streets fronting the Project Site include Sunrise Way to the east and Alejo Road to the north.

Surrounding Land Uses
Land uses on adjacent properties include:
• North – Single-Family Homes across Alejo Road
• West – United Methodist Church of Palm Springs
• South – United States Post Office
• East – Americana Gardens Condos across Sunrise Way
III. STATEMENT OF PROJECT
Family Development acting as Family Forward Communities, LLC (the “Developer”), through a ground lease with the Tribe, is proposing to build a gated residential community comprised of 62 upscale apartments with the following features:
• 13 two-story buildings with either four or five attached apartment units; • Units will range from 682 – 1,067 square feet;
• One bedroom with one bath and two bedrooms with two baths floor plans; • Forty-two attached two-car garages and twenty attached one-car garages; • Twenty-seven guest parking spots, two of which will be ADA accessible; • First-floor units include enclosed private patios;
• Second-story units include balconies;
• Communal recreational amenities include a pool, spa, and a dog park; and • Modern architecture.

O – Page 705 of 1899
Inspire Sunrise Project Report October 6, 2025
3 The Site Plan for the Project is included as Exhibit D, and the Architectural Elevations, Building Renderings, and unit Floor Plans, are provided as Exhibits E, F, and G, respectively. The Preliminary Landscape Plan, for the Project is included as Exhibit H.

The Project will be gated with the apartments fronting internal 24-foot-wide private roadways. Two entrances/exits provide access to the Project: a main driveway off Alejo Road with enhanced paving and a secondary emergency access point at the southeast corner off Sunrise Way. In addition to the one- and two-car garages provided for the apartments, twenty-seven guest parking spaces are positioned throughout the development. A landscape parkway with six-foot privacy walls is provided along the Project street frontages, and a decorative six-foot wall will be installed along the southern and western property boundaries.

Upon completion of construction, the Developer will contract with a professional management company that will be responsible for operating and maintaining the development.

A. Property Development Standards
Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.”
While the Project is located within the Section 14 Specific Plan (the “Specific Plan”) area, it is located on Tribal lands that are not subject to City land use regulations. As a result, the Specific Plan serves as a guiding framework, but does not bind the Tribe in its decision to approve the Project. Under the Specific Plan, the Project Site is designated Medium Density Residential (MR) where multi-family residences are permitted subject to the development standards of the “R-2” limited multiple-family residential zone; however, if this Project were subject to City standards/regulations, the following development standards would need to be modified through the approval of a Planned Development District:
• Minimum open space; and
• Maximum lot coverage.

With or without the approval of a Planned Development District, the Project supports the Specific Plan’s residential vision by contributing to the “healthy variety of residential use types” in Section 14, and by offering a product that “will attract permanent residents, including seniors, who will be served by the expanded services provided in the area.” The Project Site is also directly “connected by an enhanced walkway/bikeway network that leads to the streets with commercial activity.” Table 1 on the following page compares the proposed development standards for the Project against the allowed/required standards of the MR/R-2 Zone with the above-identified Planned Development District modifications.

O – Page 706 of 1899
Inspire Sunrise Project Report October 6, 2025
4 Table 1 – Development Standards Comparison
Section 14 Specific Plan
Property Development Standard
Currently
Allowed/
Required
Planned
Development
District
Proposed
Project
Complies?
(yes/no)
Maximum Density1 15 du/ac No Change 15 du/ac2 Yes
Minimum Lot Area3 20,000 sq. ft. No Change 4.13 acres4 Yes Minimum Lot Dimensions5
Width 170’ No Change 290’ Yes
Depth 175’ No Change 616’ Yes
Minimum Open Space6 50% 40.7% 40.7% Yes7
Maximum Lot Coverage8 30% 32.5% 32.5% Yes7
Maximum Building Height9 24’ No Change 23’6.5” Yes
Minimum Distance Between Buildings10 15’ No Change 16’ Yes Minimum Setbacks (to buildings)
Alejo Road11
Sunrise Way12
Interior Side/Rear Yard13
30’
30’
10’14/23’6.5”15
No Change
No Change
No Change
30’
48’2.4”
20’6”/44’2.4”
Yes
Yes
Yes
Maximum Wall Height16 6’ No Change 6’ Yes
Minimum Parking Spaces17 102 No Change 131 Yes
1 Section 4.1.2 of the Section 14 Specific Plan. 2 62 units/4.13 net acres = 15 du/acre. 3 Palm Springs Municipal Code (PSMC) 92.03.03(A). 4 Net Project Site acreage, less existing rights-of-way for Sunrise Way and Alejo Road. 5 PSMC 92.03.03(B). 6 PSMC 92.03.04. 7 With the approval of a Planned Development District per section 94.03.00 of the Palm Springs Municipal Code. 8 PSMC 92.03.03(L). 9 Table 6-3 of the Section 14 Specific Plan. 10 PSMC 92.04.03(F). 11 PSMC 92.04.03(E)(3)(e). 12 PSMC 92.04.03(E)(2)(b). 13 PSMC 92.04.03(E)(3)(a) & (E)(4)(a). 14 Minimum setback to single story building elevation. 15 Minimum setback to second story building elevation.
16 PSMC 93.02.00(E)(2)(b). 17 PSMC 93.06.00(D)(31)(b).

As Table 1 illustrates, with the proposed revisions to minimum open space and maximum lot coverage requirements, the Project complies with all MR/R-2 development standards that would be established through the approval of a Planned Development District.

The minimal increase in lot coverage and open space reduction are necessary to achieve the highest and best use of Tribal land consistent with the purpose and intent of the Specific Plan and the creation of high quality, multi-family development in an urban setting.

O – Page 707 of 1899
Inspire Sunrise Project Report October 6, 2025
5 B. Circulation
A central gated entrance off Alejo Road provides access to the Project, with an additional secondary emergency access point located at the southeast corner off Sunrise Way. Internal circulation is provided by 24' wide private streets with 27 guest parking spaces (two ADA) positioned throughout the development. Eight-foot-wide public sidewalks adjacent to landscape parkways will provide pedestrian connectivity along Alejo Road and Sunrise Way, which streets will be fully built out along the Project frontage. Pedestrian gates are provided near the main entrance and at the southeast corner of the Project providing direct access to the adjacent public streets.

IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
The Project will consist of 13 two-story buildings with modern architecture, comprised of either four or five apartments with varying layouts. Communal recreational amenities are provided at the northeast and southwest corners of the Project Site and include a pool and spa with restroom facilities and a BBQ area, and a dog park (see Exhibits E and H).

As shown on Exhibit H, Project landscaping includes a variety of low maintenance plant species that meet water efficiency requirements. The landscape parkways along Alejo Road and Sunrise Way include trees that provide shade for pedestrians.

In addition to the requirements of Chapter 5.12, Property Maintenance Standards, of the Agua Caliente Tribal Code, the Developer will be bound by the ground lease with the Tribe to maintain all common area landscaping, including the landscape parkways along Alejo Road and Sunrise Way.

V. ENVIRONMENTAL ANALYSIS
The Section 14 Specific Plan was comprehensively amended in 2016, and an Initial Study/Environmental Assessment (IS/EA) was prepared at that time to assess the shortterm, long-term, and cumulative environmental impacts that could result from future development under the amended Specific Plan. The 2016 IS/EA had been prepared to comply with Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, and National Environmental Policy Act (NEPA) regulations as mandated by 40 CFR 1500-1508 and implemented by the Bureau of Indian Affairs (BIA) NEPA Handbook (59 IAM 3-H). In addition, the 2016 IS/EA tiered from, and incorporated by reference, the 2002 Environmental Impact Report/Environmental Impact Statement (EIR/EIS) prepared for the original 2004 Section 14 Master Development Plan/Specific Plan.

Pursuant to the Tribal Environmental Policy Act (TEPA), codified as Chapter 5.04 of the Tribal Code, an environmental assessment shall be performed and prepared for every proposed major Tribal action; however, the term "major Tribal action" does not include such actions which are otherwise subject to environmental review under either federal or state law. Since the 2016 IS/EA prepared for Section 14 Specific Plan was

O – Page 708 of 1899
Inspire Sunrise Project Report October 6, 2025
6 intended to cover future development within the plan area, and it was prepared pursuant to CEQA and NEPA and adopted by the City and BIA, no further environmental review is required for this Project under TEPA.

The Project would also be considered categorically exempt from further CEQA review as it meets the criteria established in Section 15332 (Class 32 – “In-Fill Development Project”) of the CEQA Guidelines, as it’s generally “consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.” Notwithstanding these TEPA and CEQA exemptions, the Project will be conditioned to comply with all applicable measures included in the 2016 IS/EA and 2002 EIR/EIS.

VI. TENTATIVE PARCEL MAP NO. 39368
A tentative parcel map has been prepared for the proposed Project, for lease purposes, consisting of one numbered lot for the 62 apartments and private common areas, and three lettered lots for the public rights-of-way along the perimeter of the Project (see Exhibit I).

VII. FISCAL IMPACT ANALYSIS
The Project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs, including, but not limited to, sewer and drainage fees, public art fees, park (Quimby Act) fees, regional traffic impact (in-lieu TUMF) fees, school fees, etc. In addition, a Community Facilities District (CFD) will be formed, or the Project will be annexed to an existing CFD, under which a special tax will be levied based on the number of residences in the Project. This special tax pays for new police, fire protection and suppression, and life safety services of the City required to sustain the service delivery capability for emergency and non-emergency services to new growth areas. Therefore, with the incorporation of these fees and taxes, the Project will have a negligible impact on public services, while having a beneficial impact to the local economy by providing more housing opportunities in the City.

O – Page 709 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT A – PROJECT SITE LOCATION

O – Page 710 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT B – EXISTING SITE CONDITIONS

O – Page 711 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT C – PROJECT SITE PHOTOS
Northeast Corner looking Southwest
Northwest Corner looking Southeast
Southeast Corner looking Northwest

O – Page 712 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT D – SITE PLAN

O – Page 713 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS (4 PLEX)

O – Page 714 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS (4 PLEX)

O – Page 715 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS (5 PLEX)

O – Page 716 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS (5 PLEX)

O – Page 717 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.5 – ARCHITECTURAL ELEVATIONS (COLOR / MATERIAL BOARD)

O – Page 718 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.1 – BUILDING RENDERINGS (4 PLEX FRONT PERSPECTIVE)

O – Page 719 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.2 – BUILDING RENDERINGS (4 PLEX GARAGE ELEVATION)

O – Page 720 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.3 – BUILDING RENDERINGS 5 PLEX FRONT PERSPECTIVE)

O – Page 721 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.4 – BUILDING RENDERINGS (5 PLEX GARAGE ELEVATION)

O – Page 722 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.1 – FLOOR PLANS (4 PLEX - FIRST FLOOR)

O – Page 723 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.2 – FLOOR PLANS (4 PLEX - SECOND FLOOR)

O – Page 724 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.3 – FLOOR PLANS (5 PLEX - FIRST FLOOR)

O – Page 725 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.4 – FLOOR PLANS (5 PLEX - SECOND FLOOR)

O – Page 726 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.1 – PRELIMINARY LANDSCAPE PLAN (OVERALL ILLUSTRATIVE PLAN)

O – Page 727 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.2 – PRELIMINARY LANDSCAPE PLAN (INTERIOR/PERIMETER/ENTRY PLANTING)

O – Page 728 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.3 – PRELIMINARY LANDSCAPE PLAN (POOL CONCEPT)

O – Page 729 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.4 – PRELIMINARY LANDSCAPE PLAN (CORNER MONUMENT/DOG PARK)

O – Page 730 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.5 – PRELIMINARY LANDSCAPE PLAN (PROJECT ENTRY GATE/PERIMETER WALL)

O – Page 731 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.6 – PRELIMINARY LANDSCAPE PLAN (PROJECT TREES/PLANTS)

O – Page 732 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.7 – PRELIMINARY LANDSCAPE PLAN (PROJECT PLANTS/GRASS)

O – Page 733 of 1899
Inspire Sunrise Project Report October 6, 2025
EXHIBIT I – TENTATIVE PARCEL MAP NO. 39368

O – Page 734 of 1899

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE DEMUTH PARK DEVELOPMENT
PRJOECT, CITY PROJECT 21-16
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:

The construction documents (Plans, Specifications and Estimate) for the Demuth Park Development Project have been prepared and in accordance with Section 7.03.04 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and working details, and authorize the bid request for all public projects in excess of $220,000. Approval of this item will allow Staff to proceed with bidding of this capital project.

RECOMMENDATION:
1) Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Demuth Park Development Project, City Project 21-16 (“the Project”); and
2) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Not Applicable.

BACKGROUND:

Demuth Park is a highly utilized public park located at 3601 E. Mesquite Avenue, with various recreational amenities including a community center, playgrounds, restrooms, athletic courts and fields, picnic areas, parking lot areas, and two temporary dog park areas.

P – Page 735 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 The City of Palm Springs is proposing to make a series of site improvements to enhance Demuth Park for the community, improving its function and overall usability. The Project improvements include design of a permanent large dog park with ADA parking spaces, a small dog park, conversion of an existing 2.2-acre dirt lot into a 165-stall paved parking lot with drainage improvements, pavement of the Community Center parking lot, pavement and drainage repairs at the Little League parking lots, installation of ADA drinking fountains, and sidewalk and pathway restoration.

On August 16, 2022, the Parks & Recreation Department received notification that the City was awarded a Land and Water Conservation Fund grant (LWCF) in the amount of $1,750,734 to assist in the construction of the two Demuth dog parks and parking area components of the Project. Grant requirements state that the City of Palm Springs must match the grant amount. The City has also allocated funding from Measure J for a new 5-stall unisex restroom, sidewalk restoration to meet ADA requirements, and replacement of drinking fountains that conform to ADA requirements.

On July 5, 2023, Procurement and Contracting Staff issued a Request for Proposals (RFP) for Professional Design Services to solicit proposals from qualified engineering firms who specialize in these types of services. The requested RFP was written to ensure that the selected firm has demonstrated successful experience and capacity to provide civil design services to municipal government agencies similar to those required by the City.

On September 14, 2023, following a review of all proposals received and interviews with the top candidates, Kimley-Horn and Associates, Inc. (Kimley-Horn) was deemed qualified to complete the work and a Professional Services Agreement was awarded by City Council. Shortly thereafter, design work commenced, including numerous stakeholder meetings and community outreach meetings over the course of nearly two (2) years. All feedback was assessed for feasibility and incorporated in the final design, which was completed on October 28, 2025. The concept drawing for the large dog park is shown as Figure 1, parking lot improvements as Figure 2, and new restroom installation as Figure 3 on the following pages.

P – Page 736 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 Figure 1 – Large Dog Park Concept
Figure 2 – Parking Lot Improvement Concept

P – Page 737 of 1899
City Council Staff Report
November 12, 2025 -- Page 4
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 Figure 3 – Restroom Concept
STAFF ANALYSIS:

The contract documents for the Project have been reviewed and approved by Staff. With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement program, “PlanetBids”™ to allow the submission of bids electronically. The following tentative schedule has been identified for the bid process:

Action Date
Notice Inviting Bids to be posted November 13, 2025
Deadline for receipt of bids/ bid opening December 18, 2025 Contract awarded by City Council January 14, 2026
The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. Staff recommends City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301(c) “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Therefore, Staff has determined that

P – Page 738 of 1899
City Council Staff Report
November 12, 2025 -- Page 5
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 the Demuth Park Development Project, City Project 21-16, is considered categorically exempt from CEQA and a Notice of Exemption has been filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.

FISCAL IMPACT:

The total Project construction cost is estimated to be $7,600,000 – not including contingency. The Project will be funded through a combination of grant funding, Quimby Funds, and Measure J Funds, which have already been allocated for this purpose. The Project will be split up into three (3) bid schedules, one primary and two optional, allowing the City Council to determine which optional bid schedule(s) to include.

Following the bidding process, the Project will be presented to the City Council, with a detailed breakdown of all project costs, including construction, consultant services, construction management, and staff time, for their review and approval.

REVIEWED BY:

Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Specifications and Contract Documents For City Project 21-16 (available on the City’s Website with the below link)
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=144 2316&dbid=0&repo=CityHall-Primary

P – Page 739 of 1899

ATTACHMENT A
is available via the City’s Website with the below link https://publicportal.palmspringsca.gov/WebLink/DocV
iew.aspx?id=1442316&dbid=0&repo=CityHall-Primary

P – Page 740 of 1899

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENTS TO PROFESSIONAL SERVICES
AGREEMENTS A8509, A8510, A8514 AND A8516 WITH HISTORIC
RESOURCES GROUP, CHATTEL, INC., GPA CONSULTING, INC., AND ARCHITECTURAL RESOURCES GROUP, INC. FOR ON-CALL

ARCHITECTURAL HISTORIAN SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This action will approve amendments to Agreement A8509 with Historic Resources Group, Agreement A8510 with Chattel, Inc., Agreement A8514 with GPA Consulting, Inc., and Agreement A8516 with Architectural Resources Group, Inc. to extend the term of the agreement for on-call architectural historian services.

RECOMMENDATION:
1) Approve amendments to Agreements A8509, A8510, A8514 and A8516 (Attachment A) for on-call architectural historian services to extend the term through July 31, 2026; and
2) Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) all four firms are registered in the state of California.

BACKGROUND:

The Department of Planning Services requires as-needed, on-call historic resource assessment services for a variety of current and future City-initiated historic preservation projects and nominations. The required services primarily consist of historic resources reports that involve the evaluation of a variety to sites based on the City’s current historic preservation ordinance as outlined in Chapter 8.05 of Title 8 “Building and Construction” of the City’s Municipal Code. The department anticipates the need for these services for

Q – Page 741 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Amend On-Call Architectural Historian Services Agreement various projects as historic preservation activity in the City continues. The on-call agreements with multiple firms allow the department to provide an efficient and streamlined level of customer service and effectively schedule the required historic resource assessment for sites and projects.

Contracts were awarded to the four firms listed in this request for amendment by the City following a Request for Proposal (RFP) solicitation conducted in 2020 based on their professional qualifications. Professional services agreements are included as Attachment C.

The department is currently working with the Department of Procurement & Contracting to initiate the next Request for Proposals (RFP) but requests the terms of the existing agreements to be extended to ensure coverage of services while the RFP process is in progress. The extension would be applied retroactively and expire in July of 2026.

STAFF ANALYSIS:

Staff recommend approval of these amendments to Agreement A8509 with Historic Resources Group, Agreement A8510 with Chattel, Inc., Agreement A8514 with GPA Consulting, Inc., and Agreement A8516 with Architectural Resources Group, Inc. and seeks to extend the term of the agreements through July 31, 2026.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council’s Strategic Plan Broad Goals of Infrastructure and Facilities, and Community Services.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2025-26 Planning Department account 1002010-7000.

Q – Page 742 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Amend On-Call Architectural Historian Services Agreement REVIEWED BY:

Director of Planning: Christopher Hadwin
City Attorney: Jeff Ballinger
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendments to Agreements: No. A8509, No. A8510, No. A8514 and No. A8516 B. Public Integrity Disclosure Forms
C. Professional Services Agreements No. A8509, No. A8510, No. A8514 and No.

A8516

Q – Page 743 of 1899

ATTACHMENT A

Q – Page 744 of 1899

Revised: 10.31.23
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8509

BETWEEN THE CITY PALM SPRINGS AND

HISTORIC RESOURCES GROUP

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Historic Resources Group (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8509” dated March 20, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of March 20, 2020 to March 20, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of March 20, 2020 to March 20, 2024.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from March 20, 2024 to March 20, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from March 20 2025 to September 20, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into that Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect from the Effective Date and continuing through July 31, 2026.”

Q – Page 745 of 1899

Revised: 10.31.23

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Q – Page 746 of 1899

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

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

CONSULTANT:

By: ____________________________ By: _____________________________ Historic Resources Group Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8509
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

Q – Page 747 of 1899

Revised: 10.31.23
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8510
BETWEEN THE CITY PALM SPRINGS AND CHATTEL, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Chattel, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8510” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 9, 2020 to April 9, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 9, 2020 to April 9, 2024.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 9, 2024 to April 9, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from April 9, 2025 to October 9, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into that Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect from the Effective Date and continuing through July 31, 2026.”

Q – Page 748 of 1899

Revised: 10.31.23

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Q – Page 749 of 1899

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHATTEL, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ Chattel, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8510
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

Q – Page 750 of 1899

Revised: 10.31.23
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8514
BETWEEN THE CITY PALM SPRINGS AND GPA CONSULTING, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and GPA Consulting, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8514” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 9, 2020 to April 9, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 9, 2020 to April 9, 2024.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 9, 2024 to April 9, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 21, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from April 9, 2025 to October 9, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into that Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the agreement.

3. Terms.

3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect from the Effective Date and continuing through July 31, 2026.”

Q – Page 751 of 1899

Revised: 10.31.23

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Q – Page 752 of 1899

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GPA CONSULTING, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ GPA Consulting, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8514
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

Q – Page 753 of 1899

Revised: 10.31.23
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8516

BETWEEN THE CITY PALM SPRINGS AND ARCHITECTURAL
RESOURCES GROUP, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Architectural Resources Group, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8516” dated April 23, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 23, 2020 to April 23, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of April 23, 2020 to April 23, 2024.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 23, 2024 to April 23, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from April 23, 2025 to October 23, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into the Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect from the Effective Date and continuing through July 31, 2026.”

Q – Page 754 of 1899

Revised: 10.31.23

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

Q – Page 755 of 1899

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ Architectural Resources Group, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8516
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

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

Q – Page 756 of 1899

ATTACHMENT B

Q – Page 757 of 1899
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(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 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 [name]
 General Partner  Limited Partner

 Other ____________________________________
Historic Resources Group, LLC 556 S. Fair Oaks Avenue, Suite 101-154, Pasadena, CA 91105 California ■ Christine Lazzaretto ■
Paul D. Travis ■
Andrea Humberger
■

Q – Page 758 of 1899
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(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.

Christine Lazzaretto, Managing Principal
Christine Lazzaretto 33 1/3%, Historic Resources Group, LLC Paul D. Travis 33 1/3%, Historic Resources Group, LLC Andrea Humberger 33 1/3%, Historic Resources Group, LLC October 30, 2025

Q – Page 759 of 1899
33 1.

2. 3.

4. 5.

Name of Entity
Chattel, Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
13417 Ventura Blvd., Sherman Oaks, CA 91423
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes n No Type of Entity ~ Corporation D Limited Liability Company D Partnership D Trust D other (please specify)

6. Officers. Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Robert Jay Chattel, President (29 Officer D Director D Member D Manager [name) D General Partner D Limited Partner
• other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
n General Partner n Limited Partner
22 Q –
34 • Other

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

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

Robert Jay Chattel Trust 100%, Chattel, Inc.
[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 entitv and name of entitvl
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 PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
January 13, 2020
23 Q –
Q –
Q –
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(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 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 [name]
 General Partner  Limited Partner

 Other ____________________________________
Architectural Resources Group, Inc. Pier 9, the Embarcadero, #107, San Francisco, CA 94111 360 E. 2nd Street, Los Angeles, CA 90012 California ■ Naomi Miroglio, President and CFO ■
Katie Horak, Vice President
■
Lisa Yergovich, Secretary ■

Q – Page 764 of 1899
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(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.

Naomi Miroglio 26.09 Debbie Cooper 13.04 Katie Horak 13.04 Kitty Vieth 13.04 Maya Fott 13.04 October 30, 2025
F. Lisa Yergovich, 10.33, and G. Matthew Davis, 9.24%

Q – Page 765 of 1899

ATTACHMENT C

Q – Page 766 of 1899
Q –
Q –
Q –
Q –

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes," freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( I 0) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages agains� the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Christine Lazzaretto. 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 Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its sub-Consultant(s) in the same manner as it is for persons directly employed. 1-31-18

Q – Page 771 of 1899
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( l 0) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Robert Chattel. 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 Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation oflaw, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. 1-31-18

Q – Page 845 of 1899
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 I.um- Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Andrea Galvin. 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 Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by 1-31-18

Q – Page 923 of 1899
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
Q –
period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( 10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, ·and-extend the" time for perforl1ling.Jhe-Services for Ihe period oI the :eiirorcecf"dela�wben and-if-in...th ..... ---­ judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Iufil. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one ( 1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Katie Horak. 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 Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the 1-31-18

Q – Page 1000 of 1899
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P
Q – P

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE A TASK ORDER IN THE AMOUNT OF $742,500 WITH

INTERACTIVE DESIGN CORPORATION, PURSUANT TO ON-CALL
AGREEMENT A8876, FOR THE SWIM CENTER RENOVATIONS
PROJECT, CITY PROJECT NO. 25-06
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
Parks and Recreation Department
SUMMARY:

The Parks and Recreation Department Director, with the assistance of Interactive Design Corporation (IDC), held multiple community and Parks Commission meetings to refine the concept, design, and scope of the Swim Center project. The scope and concept are finalized, and the design team is ready to move on to the final construction documents.

RECOMMENDATION:
1) Approve a Task Order in the amount of $742,500 with Interactive Design Corporation (IDC), pursuant to On-Call Agreement A8876 for the Swim Center Renovations Project, City Project No. 25-06; and
2) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure is included as Attachment B.

BACKGROUND:

On October 1, 2021, the Measure J Commission made an application form available for individual citizens, neighborhood organizations, businesses and organizations in the City to submit projects for funding consideration. They encouraged projects that would enhance the livability and overall quality of life for people who live, work, and play in our City. The Swim Center Project was one of those projects submitted for consideration and was approved.

R – Page 1051 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Approve a Task Order for Swim Center Renovations
IDC, one of the City’s approved on-call architectural consultants, was retained to develop conceptual designs for a remodeled and expanded Swim Center building; a copy of the agreement with IDC is included with Attachment B. The Parks and Recreation Director, with the assistance of IDC, conducted multiple community and commission meetings as noted below to obtain input on the proposed design:
• December 5, 2023 - Community Meeting
• April 22, 2024 - Presentation at Parks & Recreation Commission Meeting • April 23, 2024 - Community Meeting
• May 20, 2024 - Presentation at Parks & Recreation Commission Meeting • June 23, 2025 - Presentation at Parks & Recreation Commission Meeting • June 26, 2025 - Community Meeting
A final concept design has been approved by the Parks & Recreation Commission.

Images of the concept are shown in the following figures:

Figure 1
Figure 2

R – Page 1052 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Approve a Task Order for Swim Center Renovations
STAFF ANALYSIS:

In July of 2025, IDC submitted the design proposal for completion of the construction documents (Attachment A). Unfortunately, the project was delayed due to staffing issues and pending funding decisions for the project.

The Parks and Recreation Director and City Engineer have reviewed the proposal and recommend the City Council approve the task order to move the project forward.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code mandates guidelines for implementing the California Environmental Quality Act (CEQA). The proposed design is not considered a project under CEQA and is therefore exempt from CEQA review.

ALIGNMENT WITH STRATEGIC PLANNING:

The project aligns with City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.

FISCAL IMPACT:

Funding for the project was included in the library debt issuance; $7 million was incorporated into the debt issuance for design and construction of the Swim Center.

REVIEWED BY:

Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. IDC Proposal
B. Public Integrity Disclosure and Professional Services Agreement

R – Page 1053 of 1899
Attachment A

R – Page 1054 of 1899

P R O P O S A L

I N T E R A C T I V E D E S I G N C O R P O R A T I O N 199 South Civic Drive, Suite #10
Palm Springs, California 92262
T: 760.323.4990
www.interactivedesigncorp.com

July 7, 2025
Joel Montalvo, City Engineer
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
Dear Mr. Montalvo:

We are pleased to submit this Proposal to the City of Palm Springs Engineering (the Client) for Professional Services relating to the Full Scope of Architectural Services for Palm Springs Swim Center Renovations based on schematic design package dated 01OCT24.

I. PROJECT DESCRIPTION
A. Palm Springs Swim Center Improvement Programming Services has been completed after a series of Open Houses with the public and design adjustments.

The approved Programming and Concept site plan presented at Open House dated April 23, 2024, completed Task Order 2 and served as the base for the architect to complete Schematic Design Services for renovations of the swim center and entrance ramp at Pavilion southern Courtyard/Swim Center Site enclosure with presentation and package dated 01OCT24 which also completed Task Order 3.

B. CPS Engineering Staff requested IDC to gather/develop a proposal for the scope of services for the completion of the Palm Springs Swim Center Improvements using schematic design package dated 01OCT24 with the understanding that the existing utility and site conditions were not evaluated and incorporated. As part of the discovery and research phases, IDC shall collect and evaluate relevant site and utility data. Findings may impact on the schematic design previously approved and consequently the consultant shall evaluate these changes. Report of these changes shall be reviewed collaboratively with the Client. This proposal reflects the Client’s directive to proceed with the existing CMU/wood frame structure of the shower and locker room building without implementing structural upgrades or retrofits. Structural engineering services are related to the design of new building expansion, the addition of a steel pavilion structure, areas where new openings need enforcement or required structural connections from new to

R – Page 1055 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

existing, and the retaining site walls of two ramps with stairways. All systems are to be designed to operate within the capacity of the existing utility infrastructure.

II. SCOPE OF SERVICES - The Architect shall provide Design Services of the PS Swim Center renovation, new administration addition, new free standing steel structure, new site walls, new ramps, new stairways, and new flatwork at north and east entrances in collaboration with the Client for the following services:

A. Phase 1: Discovery and Research – Description of scope and services provided in contract amendment memo dated 24SEPT24 for Utility Services.

B. Phase 2: Update 01OCT24 Schematic Design (SD) based on Phase 1 findings, client’s evaluation & direction, and preparation digital base plans

1. SD Landscape Plan

2. SD Grading Plan

3. SD Site Plan

4. SD Building Floor plan

5. SD Building Roof plan

6. SD Building Exterior Elevations

7. SD Overall Site/Building Sections
C. Phase 3: SD presentation and Planning Department Submittal:

1. Planning Application exhibits for Minor Architectural Administration

2. Presentation Meetings (up to 8) such as
(1) Parks and Recreation Commission
(2) Community Public
(3) City Council Hearing
D. Phase 4: Design Development

1. Architectural plans
(1) Develop Floor Plan, Reflected Ceiling Plan, and Roof Plan (2) Develop Elevations, Building Sections, Door and Window Schedule (3) Code Review and Evaluation

2. Structural:
(1) Structural System and component calculations and Code requirements (2) Prepare plans that illustrate beam sizes, lateral resistant system, footings/foundations
(3) Steel canopy framing and decorative steel shade louver systems

3. Electrical
(1) Establish preliminary overall demand/loads
(2) Work within the capacity of Existing Site utility distribution system (3) Develop dedicated control panel for building POC
(4) Selection of Electric units (HVAC, ventilation and exhaust) and appliances

R – Page 1056 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

4. Mechanical
(1) Establish preliminary overall demand/loads - Determine preliminary cooling loads based upon latest CEC and Title 24
(2) HVAC System selection type to be powered with existing gas systems. (3) Develop/Evaluate exhaust systems

5. Plumbing
(1) Establish preliminary overall building demand/loads and work within the capacity of existing connection.
(2) Domestic water building points of connection, shut off valves’ location (coordinate with civil engineer and owner)
(3) Waste building points of connection and areas requiring furring for waste lines and major cleanouts (coordinate with civil engineer and owner)
(4) Propose water supply system – building fixtures and work within the capacity of existing supply. Water heating System to be powered by existing gas similarly to existing conditions.

E. Phase 5: Contract (construction) Documents

1. Landscape Demolition Plan including removal of palm trees

2. Landscape Planting Plan

3. Irrigation Plans

4. Precise Grading and Drainage Plan

5. Drainage Calculations

6. Erosion Control Plans if necessary

7. Architectural Plans

8. Mechanical Engineering and Plumbing Engineering Plans

9. Electrical Engineering Plans

10. Structural Engineering Plans

11. Coordination and Meetings with the client (up to 5 meetings)

12. Technical Specifications

13. Technical Bid documents preparation

14. Document review and coordination
(1) In-house review with consultants to coordinate with associated disciplines
(2) Up to (3) Structural Engineering meetings
(3) Up to (3) Mechanical, Plumbing, & Electrical Engineering (4) Up to (3) Landscape Architect and Civil Engineer

15. Plan Review: Respond as needed to corrections and comments from JHA with clarifications and/or revisions as necessary to obtain approvals (permits) Up to (2) rounds for plan check responses
(1) City Planning Department
(2) City Fire Department
(3) Building and Safety Department
(4) City Engineering Department

R – Page 1057 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

F. Optional Phase 6: Design of Low voltage/IT/Communication System

1. Meet with Parks and Rec’s Swim Center Staff to gather design needs of data, communication, access control, and CCTV.

2. Meet with City of Palm Springs and Communication Utility Agency to discuss changes and agency requirements.

3. Manage meetings with City of Palm Springs representatives to define scope to determine the equipment, power and related requirements (up to 4 meetings).

4. Retain subject matter expert for IT/Data System and connection to existing site connection

5. Prepare design documents showing location of equipment and other information for use by the Architect’s consulting electrical engineer

6. Prepare specifications for equipment, conduit, boxes, cable and related items for the above systems to be included in the bid and contract documents using the Architect’s format.

7. Coordination and preparation of construction documents prepared by the Architect and his consulting electrical engineer.

G. Optional Phase 7: Design selection of furniture, fixtures, and equipment (FF&E)

1. Initial meeting with Client’s representative and Subsequent meetings (Up to 3 total meetings) to develop the FF&E program needs.

2. Prepare furniture design selection package.

3. Prepare itemized furniture/accessories to be included in the Project Construction Bid package.

4. Prepare supplemental information for General Contractor scheduling, and coordinating the delivery, offloading and assembly of furniture for the Client to include in the bid manual.

H. Phase 8: Bidding Assistance for one BID

1. Respond to RFI’s distributed by the Client (up to 25)

2. Prepare Addenda as agreed with the Client (up to 5)

3. Pre-Bid Walk attendance coordinated by the Client

4. Substitution Evaluation as requested by the Client (up to 5)

5. Bid Evaluation as requested by the Client
I. Phase 9: Contract Administration (14 months construction)

1. Attendance of Pre-Construction Meeting and bi-monthly contract administration meetings. The Client shall require the General Contractor to prepare agenda, meeting minutes, and organize the construction administration through management software such as Procore, etc.

2. Prepare written clarifications based upon field walks and changes.

R – Page 1058 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

3. Provide responses to RFI’s.

4. Review submittals (i.e.shop drawings and samples)

5. Perform on-site visual observation at appropriate stages of construction to confirm conformance with the documents and design intent. Meetings and Site Observations with consultants may overlap with Architect.

6. a. Up to (26) Architectural Site Observation/meetings including punchlist and closeout meetings

7. b. Up to (4) Structural Site Observations

8. c. Up to (2) Electrical, Mechanical and Plumbing Site Observations III. PROJECT SCHEDULE
A. Phase One – Discovery and Research
Swim Center to close for potholes & openings: 1 1/2 months B. Phase Two – Update Schematic Design: 1 month
C. Phase Three – Planning Department Submittal: 1 month

1. With public and Agency Meetings
D. Phase Four – Design Development: 2 1/2 months
E. Phase Five – Contract Documents 3 months
F. Optional Phase Six – Low Voltage Systems Design 1 month G. Optional Phase Seven – Design Selection of FF&E 1 month H. CPS Plan Check Corrections and Responses 2 months
I. Phase Eight – Bidding (with Client’s input) 1 month
J. Phase Nine – Construction (Contract Administration) 14 months including punch list and project closeout
IV. COMPENSATION FOR SCOPE OF SERVICES:

A. Fees of Purchase Order 23001091 contract are to be increased by the additional work as described for Phases 1 to 9 and Reimbursable. Total compensation under this Amendment shall not exceed SEVEN HUNDRED FORTY TWO THOUSAND FIVE HUNDRED DOLLARS ($742,500) unless authorized in writing by Client. Consultants included in these services are:

1. Landscape Architecture Design

2. Civil Engineering
(1) Boundary and topographic surveys
(2) Hydrology and storm water retention
(3) Grading and drainage
(4) Utility design

3. Structural, Electrical, Mechanical and Plumbing Engineering

4. Energy Design Consultant

5. Low Voltage Design based on Optional Phase

6. FF & E Selection Design based on Optional Phase

R – Page 1059 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

Phase 1: Discovery and Research shall be HOURLY NOT-TO-EXCEED ONE

HUNDRED THIRTY THOUSAND TWO HUNDRED FIFTY DOLLARS
($130,250).

Phase 2: Update Schematic Design shall be HOURLY NOT-TO-EXCEED SIX FORTY FOUR THOUSAND ONE HUNDRED DOLLARS ($44,100).

Phase 3: Planning Process and Approval shall be HOURLY NOT-TO-EXCEED FIFTEENTHOUSAND DOLLARS ($15,000).

Phase 4: Design Development shall be HOURLY NOT-TO-EXCEED SIXTY FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS ($64,350).

Phase 5: Contract (construction) Documents shall be HOURLY NOT-TO-EXCEED

TWO HUNDRED TWENTY TWO THOUSAND THREE HUNDRED DOLLARS
($222,300).

Optional Phase 6: Design of Low voltage/IT/Communication System HOURLY

NOT-TO-EXCEED TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500).

Optional Phase 7: Design selection of furniture, fixtures, and equipment shall be HOURLY NOT-TO-EXCEED SIXTY FIVE THOUSAND DOLLARS ($65,000).

Phase 8: Bidding Assistance for one BID Phase shall be HOURLY NOT-TOEXCEED FIFTEENTHOUSAND DOLLARS ($15,000).

Phase 9: Contract Administration during 14 months of construction shall be

HOURLY NOT-TO-EXCEED ONE HUNDRED FORTY ONE THOUSAND
DOLLARS ($141,000).

B. Reimbursable is ESTIMATED EIGHTEEN THOUSAND DOLLARS ($18,000).

Out-of-pocket expenses incurred by the design team which are related to the project, such as reproduction costs (i.e. photocopying), shipping and postage, etc., will be included in the monthly billing at 1.18 times the architect's cost.

C. Additional services such as models, perspective renderings, additional site observation, evaluating contractor submittals or substitutions, revisions to previously approved work, and assistance with construction caused by failure of contractors shall be billed on an hourly basis as stated below:

Principal $195 Architect $160
Project Manager $145 Project Designer $125
Drafter $105 Administrative $85

R – Page 1060 of 1899

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

V. CLIENT’S RESPONSIBILITIES
A. Provide Record Drawings of existing facility including past improvements.

B. Provide Current Title Report of this parcel
C. Provide Utility Agency Contact information, make available when Agency requires owner’s participation and complete/submit agency required information
D. Provide information required by funders which has effects on project design and construction cost.

E. Responding to the Architect’s questions and requests for approval within a reasonable time and providing reasonable access to the Project site.

F. Compensating the Architect pursuant to the terms and conditions of this Agreement.

G. Authorization from Client to proceed to next Task and/or payment of invoices signifies approval of work completed and obligates Client to appropriate fees.

I. SERVICES NOT INCLUDED IN THIS AGREEMENT
A. Geotechnical Investigation
B. Environmental Review,Asbestos and/or Lead Investigation (1) Specifications for Exterior Abatement
(2) Abatement monitoring and verification
C. Structural Upgrade of existing structure
D. Destructive Investigation
E. Fire Protection Design and Engineering
F. Photovoltaic system design and engineering
G. CASP Inspection and Report Preparation
H. Legal Advisory, Support and Documentation
I. Arborist Evaluation of existing trees
If this Proposal including the optional services meets with your approval, let us know of the next steps.

Yours truly,
Maria Song, AIA

R – Page 1061 of 1899

ATTACHMENT B

R – Page 1062 of 1899

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
l~Ml\JE Dc£\f/N dJfl-foUf1"1VN
Address of Entity (Principle Place of Business)
,q~ ~- C1V)6 Pf<:... ~-r--e.10 } flrl,M Sf~Nft0) CkOi~J-6-;;~ Local or California Address (if different than #2)
- - State where Entity is Registered with Secretary of State . . a\t\ ft>(U\) I /lr If other than California, is the Entity also reqistered in California? n Yes n No Type of Entity
0(, Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity . ~. MfriZ-\ Pr- ~ON~ p( Officer D Director D Member D Manager ~ex.J~ A.
(Revised 09 13 18)
[name]
D General Partner D Limited Partner
Other
'-{OvN(q ~ Officer D Director D Member D Manager
[name)
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

R – Page 1063 of 1899

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A .
.t;J . MA-£., Pr <;o/\lbJ. ~9()/o' ICC.,lf
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
¥2..~ht., A-. 'iWN~ \ o(o J IPC-
[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.
(Revised 09 13.18}
Date

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

R – Page 1064 of 1899

CITY OF PALM SPRINGS

PROFESSIONAL SERVICES AGREEMENT
ON•CALL ARCHITECTURAL DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this !fil day of l!!!Y, 2021,by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and INTERACTIVE DESIGN CORPORATION , (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Architectural Design Services for a variety of future capital improvement projects, (hereinafter the "Project").

B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Architectural Design Services for a variety of future capital improvement projects to City pursuant to the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein.

D. City desires to retain Consultant to provide such professional services.

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

1.0 SERVICES OF CONSULT ANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A,'' which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"); and (5) the Task Order (as defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals

55575.18165\32900159.2

R – Page 1065 of 1899
and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, Task Order, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (I st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit "A"), as may be amended from time to time; (4th) the provisions of the City's Request for Proposal (Exhibit "B"); and (5th) the provisions of the Consultant's Proposal (Exhibit "C'}.

1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable CaVOSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant 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 Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
55575.18165\32900159,2

R – Page 1066 of 1899

1.8 Performance of Services. City Manager, Director of Development Services, or City Engineer as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager, Director of Development Services, or City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.

1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 110 l, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

2.0 COMPENSATION

2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Amount" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager, Director of Development Services, or City Engineer as provided in this Section 2.1.

The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.

55575.18165\32900159.2

R – Page 1067 of 1899
It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant's Services throughout the duration of the term of this Agreement, if any. Consultant's compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant.

By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five ( 45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees.

An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished m accordance with generally accepted practice in Consultant's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.

If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement.

Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s)

55575.18165',32900159.2

R – Page 1068 of 1899
established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten ( 10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: ( 1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on July l, 2021 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one ( l) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Maria Song, President. 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 Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

55575. 18165\32900159.2

R – Page 1069 of 1899

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein 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 hereunder 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 Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Consultant.

A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, 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 Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant 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 Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or

55575.18165\.32900159.2

R – Page 1070 of 1899
indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777 .5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1 ).

B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771. l, the Consultant and all subcontractors performing such Services must be registered with the Department oflndustrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types oflnsurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its 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 ofloss to the City, the Consultant 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. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

55575.181 65\32900159.2

R – Page 1071 of 1899
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
( 1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Consultant 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. Consultant 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 subconsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant 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 Consultants, broad form property damage, products and completed operations.

55575.18165\32900159.2

R – Page 1072 of 1899
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, nonowned, leased, and hired cars.

E. Employer Liability Insurance. Consultant 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.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant 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 may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects 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 Consultant's insurance and shall not contribute with it.

B. 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.

C. All insurance coverage and limits provided by Consultant 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.

D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (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.

E. Consultant 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

55575.18165'32900159.2

R – Page 1073 of 1899
the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

H. Consultant shall provide proof that policies of insurance required herein expiring during the tenn of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features, or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities ofany person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

55575. 18165\32900l59.2

R – Page 1074 of 1899

5.5 Verification of Coverage. Consultant shall furnish City with both certificates ofinsurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured ... " ("as respects City of Palm Springs Contract No._ " or ''for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have ... " (" as respects City of Palm Springs Contract No._ " or ''for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them.

6. INDEMNIFICATION

6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local

55575.18165\32900159.2

R – Page 1075 of 1899
law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement.

Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

7. REPORTS AND RECORDS

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

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, 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 Contract Officer or upon the termination of this Agreement, and Consultant 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 hereunder.

Any use of such completed documents for other projects and/or use of incomplete documents without

55575. 18165\32900159 . 2

R – Page 1076 of 1899
specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant'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 Consultant's performance under this Agreement. Consultant 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.

8. ENFORCEMENT OF AGREEMENT

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

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

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be

55575.18165'32900159.2

R – Page 1077 of 1899
liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

8.4 Default of Consultant.

A. Consultant's failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten ( 10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section

8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein.

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8. 7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to

55575.18165\32900159.2

R – Page 1078 of 1899
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant 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.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of

555 7 5, 18165''32900 159 .2

R – Page 1079 of 1899
this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (l) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negot1at1ons for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office ifby mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty•eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e•mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Consultant:

City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Interactive Design Corporation
Attention: Maria Song
199 South Civic Drive, Suite I 0
Palm Springs, CA 92262
Telephone: (760) 323-4990

10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

55575.18165\32900)59 2

R – Page 1080 of 1899

R Page 1081 of 1899

SIGNATURE PAGE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF PALM SPRINGS AND INTERACTIVE DESIGN CORPORATION IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written.

CONTENTS APPROVED:
41"- ~.i:tin ~ fy ~
APPROVED AS TO FORM:

Date: Jw \7 2.:), &ifl...l

CONSULTANT
Name: Interactive Design Corporation
Date: ~ }'I /i \
APPROVED BY CITY COUNCIL:

Date: 6/JbP42'Agreement No. '1-is 11,
Check one: _ Individual _ Partnership ~Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

Address: 199 S. Civic Dr., Suite 10
Palm Springs, CA 92262
By: ___ ~ _ _ ....,.. _ _ _ _ _ _
~( notarized)
Name: Maria Song
Title: President
55575 18165'J2900159.2
By: _ ~ ____L__L _ ..........., _ _ ......_ ____ __ _
Signature (notarized)
Name: Reuel Young
Title: Secretary

R – Page 1082 of 1899

ALL-PURPOSE ACKNOWLEDGMENT
State/Commonwealthof VIRGINIA
------------------------ □ City~ County of Prince William )
)
)
On 07/09/2021
Date
before me, __ T .... e""'n"'"e __ i __ s__ h=a'--'M.....;..a;o-;,.na.aaaa.ae .... M,-,.;..ac..,R""'o __ y ........ _____ _, Notary Name personally appeared Reuel Anthony Young, Maria Song
Name(s) of Signer(s)
□ personally known to me - OR -
□ proved to me on the basis of the oath of_-:-:-----:--=--:::-:--:-::-:::------ OR - Name of Credible Witness ~ proved to me on the basis of satisfactory evidence: driver license Type of ID Presented
to be the individual(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and by proper authority, and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) or entity upon behalf of which the individual(s) acted, executed the instrument for the purposes and consideration therein stated.
nel1ha Mon•• McAoy
A(GtSTitA.rlON HU"IER
7SII0327
COHH1$$t0'4 Ell.'1RH
Feb""" 21,. 2025
WITNESS my hand and official seal.

Notary Public Signature: '1c:,1,. ~.,, .. , M y
Notary Name: Teneisha Monae McRoy
Notary Commission Number:c_79_10_3_2_7 _____ _
Notary Commission Expires: 02/28/2025
Notarized online using audio-video communication

DESCRIPTION OF A TT ACHED DOCUMENT
Title or Type of Document: Professional Services Agreement Document Date: 07/09/2021 Number of Pages (w/ certificate): __ 1_2_5 __ Signer(s) Other Than Named Above: ___ N_/ _A ______________ _ Capacity(les) Claimed by Signer(s)
Signer's Name: _--:....;M .... a""'ri...,a...,S""'o"'"'n_.g ______ _ r:! Corporate Officer Title: er~sig~nt
□ Partner- □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Capacity(les) Claimed by Slgner(s)
Signer's Name: Be11el Anthon¥ Yo11ng
~ Corporate Officer TiUe: Secretar:::t:
□ Partner- □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Signer Is Representing: _______ Signer Is Representing: ______ _ loteractjye Desjgn Corporation lntilrilctiHil Oil&ign Cor~oriltion ( 125)

R – Page 1083 of 1899

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2118 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.25

RELATIVE TO THE ALLOTMENT OF ANNUAL CONTRACT LIMITS FOR

VACATION RENTAL PERMIT HOLDERS
FROM: Scott C. Stiles, City Manager
BY: Department of Special Program Compliance
SUMMARY:

This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Section 5.25 regarding the allotment of annual contract limits for vacation rental permit holders.

RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2118, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.25.070(b) OF THE CITY’S VACATION RENTAL

ORDINANCE, REGARDING THE ANNUAL CAP ON THE NUMBER OF VACATION

RENTALS THAT CAN OCCUR ON RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM SPRINGS.”
STAFF ANALYSIS:

On October 22, 2025, Ordinance No. 2118 was introduced for first reading as noted below:

ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading, Ordinance No. 2118, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTIONS 5.25.07(b) OF THE CITY’S

VACATION RENTAL ORDINANCE, REGARDING THE ANNUAL CAP ON THE

NUMBER OF VACATION RENTALS THAT CAN OCCUR ON RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM SPRINGS”

S – Page 1084 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Second Reading of Ordinance 2118
AYES: Councilmembers Garner, Bernstein, Ready, Mayor Pro Tem Soto, Mayor deHarte
NOES: None
ABSENT: None
The City Council voted to introduce Ordinance No. 2118, subject to certain revisions which were made at the time of first reading. Namely, the City Council voted to not increase the number of allowable rentals for those properties permitted after November 2022. The Council also voted to keep the “third quarter” distinction for pre-November 2022 permitted properties. Those revisions resulted in the following language:
Ҥ 5.25.070 Operational Requirements and Standard Conditions. ***
(b) For new permittees, on and after the effective date of this oOrdinance No. 2075, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year. For existing permittees, no more than 32 contracts for vacation rental use of a property shall be allowed or provided in any calendar year; however, up to four additional contracts shall be allowed or provided for the third quarter of a calendar year so long as the entire term of each such contract occurs during such third quarter, subject to reduction in such numbers on and after January 1, 2026. A contract includes any occupancy of a property subject to a vacation rental registration certificate by persons other than the owner when the owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. For any property for which a Junior vacation rental registration certificate has been issued, no more than six contracts for vacation rental use of that property shall be allowed or provided in any calendar year.
(1) [Intentionally left blank].
(2) [Intentionally left blank].
(3) For Existing Permittees, the 32 + four contract limitation above shall be reduced to 26, on January 1, 2026. For new permittees, on and after the effective date of this ordinance, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year.
(4) Notwithstanding the restrictions imposed by this subparagraph, the owner at the time an application or renewal is submitted can designate and file with the enforcement official the names of up to five persons who may occupy the vacation rental unit at no cost and without requiring the presence of the owner on the premises of the vacation rental. Each such occupancy shall fully comply with all other provisions of this chapter, including, without limitation, the requirement to submit a contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h).

S – Page 1085 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Second Reading of Ordinance 2118
The attached ordinance incorporates those revisions made at first reading.

This report provides for the City Council to waive further reading and adopt the ordinance, which shall be effective 30 days from adoption.

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2118

S – Page 1086 of 1899

ATTACHMENT A

S – Page 1087 of 1899
55575.18195\44323299.1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.25.070(b) OF THE
CITY’S VACATION RENTAL ORDINANCE, REGARDING

THE ANNUAL CAP ON THE NUMBER OF VACATION

RENTALS THAT CAN OCCUR ON RESIDENTIAL

PROPERTY WITHIN THE CITY OF PALM SPRINGS
City Attorney’s Summary
This ordinance removes an upcoming reduction in the annual number of short term rentals of certain residential properties, which reduction would otherwise go into effect on January 1, 2026.

WHEREAS, on March 15, 2017, the City Council of the City of Palm Springs adopted Ordinance No. 1918, which comprehensively and strictly regulated the short term rentals of residential properties within the City; and
WHEREAS, Ordinance No. 1918 was primarily codified as Chapter 5.25 of the Palm Springs Municipal Code, with some provisions also being codified as Section

93.23.16 of the Palm Springs Municipal (Zoning) Code; and WHEREAS, among other regulations, Section 5.25.070(b) provided for a cap on the number of short term rentals that could lawfully be conducted per year, originally setting that number at thirty two (32) rentals in any calendar year, plus up to an additional four (4) rentals occurring entirely during the third quarter of a year; and WHEREAS, on November 28, 2022, the City Council adopted Ordinance No. 2075, amending Section 5.25.070(b), setting the annual cap at twenty six (26) for “New Permittees”, thirty six (36) (32 + 4) for “Existing Permittees”, and providing that said thirty six (36) cap for Existing Permittees would automatically go down to twenty six (26) on January 1, 2026.

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

SECTION 1. Section 5.25.070, subdivision (b) of the Palm Springs Municipal Code is hereby amended to read as follows:
Ҥ 5.25.070 Operational Requirements and Standard Conditions. ***
(b) For new permittees, on and after the effective date of this oOrdinance No. 2075, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year. For existing permittees, no more than 32 contracts for vacation rental use of a property

S – Page 1088 of 1899
55575.18195\44323299.1
Ordinance No. _____

shall be allowed or provided in any calendar year; however, up to four additional contracts shall be allowed or provided for the third quarter of a calendar year so long as the entire term of each such contract occurs during such third quarter, subject to reduction in such numbers on and after January 1, 2026. A contract includes any occupancy of a property subject to a vacation rental registration certificate by persons other than the owner when the owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. For any property for which a Junior vacation rental registration certificate has been issued, no more than six contracts for vacation rental use of that property shall be allowed or provided in any calendar year.
(1) [Intentionally left blank].
(2) [Intentionally left blank].
(3) For Existing Permittees, the 32 + four contract limitation above shall be reduced to 26, on January 1, 2026. For new permittees, on and after the effective date of this ordinance, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year.
(4) Notwithstanding the restrictions imposed by this subparagraph, the owner at the time an application or renewal is submitted can designate and file with the enforcement official the names of up to five persons who may occupy the vacation rental unit at no cost and without requiring the presence of the owner on the premises of the vacation rental. Each such occupancy shall fully comply with all other provisions of this chapter, including, without limitation, the requirement to submit a contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h). *** ”
SECTION 2. This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single- family and multi-family neighborhoods as identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, 2025.

S – Page 1089 of 1899
55575.18195\44323299.1
Ordinance No. _____

Ron deHarte
Mayor
ATTEST:

BRENDA PREE, MMC

CITY CLERK

S – Page 1090 of 1899
55575.18195\44323299.1
Ordinance No. _____

S – Page 1091 of 1899
55575.18195\44323299.1
Ordinance No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ 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

S – Page 1092 of 1899

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE FUNDING IN THE AMOUNT OF $25,000 OF PUBLIC ART

FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION
FOR COMMISSION OF THE “YELLOW WARBLER” SCULPTURE AND
“DANCING RHINO” SCULPTURE BY ARTIST DELOS VAN EARL, BOTH

TO BE LOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE OLD

LAS PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF

THE SCULPTURES TO THE CITY
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting the City Council approve funding in the amount of $25,000 as a Community Grant for the commission and installation of two pieces of art, Yellow Warbler and Dancing Rhino (Artworks) by Delos Van Earl (Artist). The proposed location for the Artwork is the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road. The total cost to create and install the Artwork is $50,000, with $25,000 to be provided by the City and $25,000 to be provided by the Old Las Palmas Neighborhood Organization (OLPNO). The Artworks will also be donated to the City.

RECOMMENDATION:
1) Approve the expenditure of Public Art Funds in the amount of $25,000 for commission and installation of Yellow Warbler and Dancing Rhino by Delos Van Earl.
2) Accept donation of the public art pieces Yellow Warbler and Dancing Rhino from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.

BACKGROUND:

On November 9, 2023, the City Council approved a community grant of $5,000 to assist with the installation of the Red Dragon sculpture located in the West Chino Drive median,

T – Page 1093 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Approving Funding for Public Artwork in Old Las Palmas
west of Belardo Road and east of North Cahuilla Road. OLPNO paid $20,000 to cover the total cost to create and fabricate the Red Dragon sculpture by Artist, and the $5,000 grant was used to pay for installation of the sculpture. Red Dragon was donated by the neighborhood to the City.

On July 9, 2024, the City Council approved funding in the amount of $50,000 as a Community Grant for the commission and installation of two additional pieces of art named Prince and Blue Belly Crab, also by the Artist for the West Chino Drive median.

The total cost to create and install the Prince and Blue Belly Crab was $50,000 ($25,000 each). Both were also donated to the City.

At their meeting on October 9, 2025, the City’s Public Arts Commission voted to recommend the City Council approve a proposal (Attachment A) from OLPNO requesting funding in the amount of $25,000 to pay half the costs of installing two additional art pieces named Yellow Warbler and Dancing Rhino. The total cost to create and install these pieces is $50,000. As proposed, $25,000 would be provided by the City and $25,000 would be provided by the OLPNO, and the Artworks would be donated to the City.

STAFF ANALYSIS:

OLPNO submitted an unsolicited proposal to the Public Arts Commission to have the Artworks created and installed in the West Chino Drive median at the locations shown below in Image 1.

Image 1: Proposed Locations

T – Page 1094 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Approving Funding for Public Artwork in Old Las Palmas
The proposal is to create and install the final two sculptures of the five-piece "Creature Alley" collection. Yellow Warbler is shown in Image 2 and Dancing Rhino is shown in Image 3 below. Creature Alley is the name of a public art installation located on the median of West Chino Drive in the Old Las Palmas neighborhood of Palm Springs. The installation was conceptualized as a series of five sculptures. Approving this final phase will bring a successful, multi-phase public art project to its intended completion.

The five sculptures in the Creature Alley collection are shown in Attachment A and include:

1. Red Dragon (Installed in Phase One)

2. Prince (Installed in Phase Two)

3. Blue Belly Crab (Installed in Phase Two)

4. Yellow Warbler (Proposed for Phase Three)

5. Dancing Rhino (Proposed for Phase Three)
The OLPNO is offering a direct $25,000 contribution to match the requested City funds.

This 1:1 match, generated from the neighborhood's own successful fundraising efforts during their 2025 Modernism Week Home Tour, demonstrates significant community buyin and financial commitment. This partnership allows the City to acquire $50,000 worth of public art for a public investment of $25,000, effectively doubling the impact of the funds.

The "Creature Alley" installation has already proven to be a popular and engaging landmark. The proposal notes that the reaction from residents to the existing sculptures has been "overwhelmingly positive." Furthermore, the installation serves as a destination for residents and visitors alike, with frequent reports of "visitors taking 'selfies' with these sculptures," which aligns with the city's goal of creating visible and interactive public art.

The OLPNO's substantial financial pledge confirms their commitment to seeing this full vision realized.

T – Page 1095 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Approving Funding for Public Artwork in Old Las Palmas

T – Page 1096 of 1899
City Council Staff Report
November 12, 2025 -- Page 4
Approving Funding for Public Artwork in Old Las Palmas
Image 2: Yellow Warbler
Image 3: Dancing Rhino

T – Page 1097 of 1899
City Council Staff Report
November 12, 2025 -- Page 5
Approving Funding for Public Artwork in Old Las Palmas
Each of the Artworks will be approximately 10’x 6’ x 5’ in size and weigh approximately 550 pounds. They will be made of steel and painted with sign painter’s enamel to give the pieces a long-lasting surface life. This can also be easily repainted when needed. The planned disposition of the Artworks is to donate them to the City (as was Red Dragon, Prince, and Blue Belly Crab). If approved, OLPNO can engage the artist to begin working on the Artworks with the expected completion date by the end of February 2026.

As proposed, the Artworks will be created by Delos Van Earl. The Artist moved to the Coachella Valley in 1987 and subsequently opened a studio in Yucca Valley where he creates large scale sculptures and paintings. He received his Bachelor of Art at California State University, Chico before attending Mills College in Oakland for his Master’s in Fine Art. Locally, he is recognized by many for “Jungle Red” and “Orange Twist”, both located in Palm Springs. He has community pieces in almost 50 corporate and public collections.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

ALIGNMENT WITH STRATEGIC PLANNING:

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

Approval of this action will allocate $25,000 of Public Art Funds for the creation and installation of public art. Approval of this action would have no impact on the General Fund.

REVIEWED BY:

Department Director: Jay Virata
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Old Las Palmas Neighborhood Organization Proposal

T – Page 1098 of 1899

ATTACHMENT A

T – Page 1099 of 1899
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P
T – P

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION ENTITLED, “A RESOLUTION OF THE CITY OF

PALM SPRINGS ADOPTING INVENTORY REPORT FOR EXCESS,

EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE § 54223.”
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Surplus Land Act (the “Act”), as amended, requires that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1 of action each year as part of the county or city’s annual Housing Element progress report.

This would have the City Council review and approve the Inventory Report.

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM SPRINGS

ADOPTING INVENTORY REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 54223.”
BACKGROUND:

Government Code § 54230 mandates that California cities and counties prepare, by Dec. 31 of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code § 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has been officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable needs but has not yet been declared surplus.

U – Page 1144 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Surplus Land Resolution
In January 2024, SB 747 amending the Surplus Land Act went into effect. This amendment exempted properties from the Surplus Land Act if they were less than onehalf acre in area or if they were transferred to be used for affordable housing. The Gene Autry Trail and Mission Drive properties (Reference No. 1 on the attached resolution) will be used for an affordable housing project (Juniper Mission) and is identified as “Exempt Surplus”.

In addition, three single family parcels located at 233 West Tramview Road (APN 501- 401-010), El Dorado Boulevard (APN 501-401-039), and Rosa Parks Road (APN 669- 353-001) were all less than one-half acre and were to be transferred for use as affordable housing. As such, these three properties are identified as “Exempt Surplus.” STAFF ANALYSIS:

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code § 54221(c)(1).] The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days, in which time staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the proscribed timeline, then the regular development processes would begin; or

2. If after good-faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable.

U – Page 1145 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Surplus Land Resolution
A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

Additionally, the City Council may designate a property as available for continued City use through one of its non-profit partners. For example, City Council could adopt a plan to lease a property to only a non-profit that is providing a City service via a contract between the City and the non-profit and that service or the non-profit work in general (such as homeless services, childcare and/or dental or medical care) is supported by the City through partnerships and/or is the recipient of City grant funding. In such a case, the property is not surplus because it is still needed for City services; therefore, the Act does not apply. In such a situation, the City will still use the RFP process to lease the property.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”
Nothing in the Act establishes what information must be included in the Inventory Report.

However, Government Code § 54230(a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. § 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land:
i. Street address or similar location information.
ii. Assessor’s parcel number.
iii. Existing use.
iv. Whether the site is surplus land or exempt surplus land. v. Size in acres.

As noted above, the Gene Autry Trail and Mission Drive properties and the three single family properties in the Desert Highland Gateway Estates Neighborhood previously listed as “Excess” are now exempt from the Surplus Land Act as these properties were either less than one-half acre and/or were to be transferred for use as affordable housing.

The proposed Inventory Report of this year’s surplus properties and excess properties are included in the attached resolution (Attachment A).

U – Page 1146 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Surplus Land Resolution

U – Page 1147 of 1899
City Council Staff Report
November 12, 2025 -- Page 4
Surplus Land Resolution
ENVIRONMENTAL ASSESSMENT:

The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if a development application is submitted, the City will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3).) ALIGNMENT WITH STRATEGIC PLANNING:

The Broad Goal in the Strategic Plan Framework that is addressed by this action is Housing.

FISCAL IMPACT:

There is no fiscal impact associated with approving the Inventory Report.

REVIEWED BY:

Department Director: Jay Virata
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Resolution

U – Page 1148 of 1899

ATTACHMENT A

U – Page 1149 of 1899
30814.00100\40838593.1 1
RESOLUTION NO. -_____

A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING INVENTORY

REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 54223
WHEREAS, the City of Palm Springs is a , a public body, corporate and politic, and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, the Act requires, among other things, that on or before December 31 each year, a local agency must make an inventory of all lands held, owned, or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its foreseeable needs (the “Inventory List”), and that such Inventory List must be made a matter of public record and made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on the definition of “surplus land” and the several categories of “exempt surplus land” that are set forth in Government Code section 54221(f), the City of Palm Springs has determined that it owns ten (10) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the City will include at least the following information: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 54223, is attached hereto as Exhibit A and incorporated herein by this reference.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Six (6) of the ten (10) parcels on the Inventory List (the “Surplus Properties”) are Excess properties and are not necessary for the City of Palm Springs’ use, are currently not being put to any use by the City of Palm Springs, and there is no

U – Page 1150 of 1899
30814.00100\40838593.1 2
planned use by the City of Palm Springs of these Surplus Properties. Four (4) of the ten (10) properties are for affordable housing projects and are Exempt Surplus properties.

SECTION 3. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City of Palm Springs hereby authorizes the listing of the Surplus Properties on the Inventory List created by City of Palm Springs staff pursuant to and in compliance with Government Code section 54223.

SECTION 4. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the Surplus Properties is sold to a purchaser, and that purchaser proposes a use for the Property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. This Resolution shall take effect immediately upon its adoption by the City of Palm Springs.

PASSED AND ADOPTED by the Palm Springs City Council this _ day of , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
SCOTT C. STILES

CITY MANAGER
ATTEST:
___________________________________

U – Page 1151 of 1899
30814.00100\40838593.1 3

BRENDA PREE, MMC

CITY CLERK

U – Page 1152 of 1899
Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 1 City of Palm Springs Gene Autry Trail and Mission Drive 677-540-028; 677-540-036 Vacant Land
[[DEVELOPER SELECTED

FOR AFFORDABLE
HOUSING PROJECT]]

EXEMPT SURPLUS
[AFFORDABLE HOUSING

DEVELOPER SELECTED FOR

DEVELOPMENT
AGREEMENT]

5.60 243,936
2 City of Palm Springs
Southwest Corner of North Belardo Road and Belardo Road 513-560-048 Vacant Land EXCESS 0.45 19,602
3 Palm Springs Successor Agency 190 W. Sunny Dunes Rd. 513-290-013 Vacant Land EXCESS 0.16 6,970 4 City of Palm Springs 4 parcels on eastern half of block located at southwest corner of Ramon Road and Vella Road, north of Calle De Ricardo 680-072-012; 680-072-009;
680-072-006; 680-072-005 Vacant Land EXCESS 1.07 46,692 5 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Calle De Ricardo and Vella Road, north of Calle De Carlos 680-073-003; 680-073-004;
680-073-006; 680-073-005 Vacant Land EXCESS 0.93 40,589 6 City of Palm Springs No Address

2.38 Acre Portion of APN 680-
020-036
Parcel Map No. 39219
Vacant Land EXCESS 2.38 103,673
7 City of Palm Springs No Address

1.91 Acre Portion of APN 680-
020-036
Parcel Map No. 39219
Vacant Land EXCESS 1.91 83,200
8 City of Palm Springs / Housing Successor 233 West Tramview Road 501-401-010 Vacant Land

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]

0.17 7,405

EXHIBIT A
Inventory List

Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 9 City of Palm Springs / Housing Successor El Dorado Boulevard (no address) 501-401-039 Vacant Land

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]

0.21 9,148
10 City of Palm Springs Rosa Parks Road (no address) 669-353-001 Vacant Land

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]

0.22 9,583

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A9206 WITH

SAME DAY EXPRESS, DBA SIGNATURE SCULPTURE, FOR CLEANING

AND MAINTENANCE OF PUBLIC ART
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

This action approves Amendment No. 3 to Agreement A9206 with Same Day Express LLC, dba Signature Sculpture, in the amount of $134,905 for a revised contract amount not to exceed $274,704.50 to add sixteen (16) new public art installations to the Cleaning and Maintenance of Public Art Agreement.

RECOMMENDATION:

1. Approve Amendment No. 3 to Agreement No. A9206 (Attachment A) with Same Day Express LLC, dba Signature Sculpture, for the cleaning and maintenance of additional public art pieces, for an additional amount of $134,905, and a revised amount not to exceed $274,704.50.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form is included as Attachment B to this staff report.

BACKGROUND:

On September 12, 2022, the City of Palm Springs entered into Agreement No. A9206 (Attachment C) with Same Day Express dba Signature Sculpture ("Contractor") for the cleaning and maintenance of public art within the City. The original three-year agreement had a contract price of $128,905. The Agreement was first amended on March 13, 2023 (Attachment D), and on February 3, 2025, Amendment No. 2 (Attachment E) was approved, increasing the total compensation to $139,799 for the addition of 29 art pieces, and extending the term through August 31, 2027.

V – Page 1155 of 1899
City Council Staff Report
November 12, 2025 -- Page 2
Art Maintenance Agreement Amendment
On November 6, 2025, the Public Arts Commission recommended approval to the City Council of Amendment No. 3 to increase annual compensation by $43,480 for Fiscal Year 2026, and $91,425 for Fiscal Year 2027, for a total increase of $134,905, not to exceed a total contract amount of $274,704.50.

STAFF ANALYSIS:

On September 12, 2022, the City of Palm Springs entered into Agreement No. A9206 with Same Day Express, dba Signature Sculpture ("Contractor"), for the cleaning and maintenance of public art within the City. The original three-year agreement had a contract price of $128,905.

The agreement has been amended twice previously:
 Amendment No. 1 (March 13, 2023): This amendment added services for the repair of the "Chairman of the Links" art piece, in the amount of $895.00 bringing the total contract price to an amount not to exceed $128,905.  Amendment No. 2 (February 3, 2025): This amendment expanded the scope of work to include seven art pieces at the Palm Springs International Airport, increased compensation by $9,999.50, bringing the total contract amount to $139,799.50 and extended the contract term to August 31, 2027.

The proposed Amendment No. 3 will further revise the scope of services to include the regular cleaning and maintenance of eighteen (18) additional art pieces located throughout the City, for a total of 40 art pieces to be cleaned twice a year. These new pieces to be added include the Pillars on East Tahquitz Canyon Way, Creature Alley, Artscape in the Park, and Beautiful Shade.

Services for the new pieces, as detailed in the attached Exhibit A2, will primarily consist of washing with non-ionic soap and deionized water and applying wax, performed twice annually. This amendment increases the contractor's compensation by $134,905. The total compensation for the agreement, as amended, will not exceed $274,704.50.

This amendment ensures that the City's growing collection of public art is properly and professionally maintained, preserving the condition and longevity of these valuable community assets.

ENVIRONMENTAL ASSESSMENT:

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

V – Page 1156 of 1899
City Council Staff Report
November 12, 2025 -- Page 3
Art Maintenance Agreement Amendment
In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action is for maintenance of public art which supports Strategic Plan Framework Overarching Principle of Social Equity, Broad Goals of Economic Development, Infrastructure, and Community Services.

FISCAL IMPACT:

This action will increase the total compensation under Agreement No. A9206 by $43,480 in Fiscal Year 2026, and $91,425 in Fiscal Year 2027, for a total increase of $134,905 and a total contract not to exceed amount of $274,704.50. Fiscal Year 2026 funds for these services are in the Public Arts Fund budget. Work to be performed during Fiscal Year 2027 are included in the Fiscal Year 2027 Budget.

REVIEWED BY:

Department Director: Jay Virata
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 3 to Agreement No. A9206
B. Public Integrity Disclosure
C. Agreement A9206
D. Amendment No. 1 to A9206
E. Amendment No. 2 to A9206

V – Page 1157 of 1899

ATTACHMENT A

V – Page 1158 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23
AMENDMENT NO. 3 TO THE CLEANING AND MAINTENANCE OF
PUBLIC ART AGREEMENT NO. A9206

BETWEEN THE CITY OF PALM SPRINGS AND SAME DAY EXPRESS

DBA SIGNATURE SCULPTURE

1. Parties and Date.

This Amendment No. 3 to the Cleaning and Maintenance of Public Art Agreement is made and entered into as of ________, 2025, by and between the City of Palm Springs (“City”) and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation with its principal place of business at 79350 Four Paths Lane, Bermuda Dunes, California, (Contractor). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled “Cleaning and Maintenance of Public Art” dated September 12, 2022 (“Agreement”) for the purpose of retaining the services of Contractor to provide the City with Cleaning and Maintenance of Public Art (“Project”), for an initial three-year term, commencing on September 1, 2022, and ending on August 31, 2025, for an amount not to exceed $128,905.

2.1 Amendment No. 1. On March 13, 2023, Parties entered into Amendment No. 1 to the Agreement to include repair of the art piece, Chairman of the Links, due to damages found during routine cleaning for an additional amount of $895 for a revised contract amount not to exceed $129,800.

2.3 Amendment No. 2. On February 3, 2025, Parties entered into Amendment No. 2 to the Agreement to modify the scope of services to add seven art pieces located at the Palm Springs International Airport to the cleaning schedule, for an additional amount of $9,999.50 for a revised contract amount not to exceed $139,799.50, identify accounts payable process for the Airport, and extend the contract term through August 31, 2027.

2.4 Amendment No. 3. The City and Contractor desire to amend the Agreement to modify the scope of services to add eighteen (18) art pieces to the cleaning schedule for an additional amount of $43,480.00 for Fiscal Year 2026, and $91,425.00, for Fiscal Year 2027, for a total increase of $134,905.00, and a revised amount not to exceed $274,704.50.

2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3.3 of the Agreement.

3. Terms.

3.1 Amendment Section 1.1 Scope of Services of the Agreement is hereby amended in its entirety to read as follows:
“1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A”, Exhibit “A1”, and Exhibit

V – Page 1159 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23
“A2” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A", Exhibit “A1”, and Exhibit “A2” includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.”

3.2 Amendment Section 3.1 Compensation of Contractor of the Agreement is hereby amended in its entirety to reach as follows:
“3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”, Exhibit “A1”, and Exhibit “A2”. The total amount of Compensation shall not exceed $274,704.50.”

3.3 Amendment. Section 3.2 Method of Payment of the Agreement is hereby amended in its entirety to reach as follows:
“3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A”, Exhibit “A1”, and Exhibit “A2” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.”

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement, as previously amended, remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

V – Page 1160 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND SAME DAY EXPRESS DBA SIGNATURE SCULPTURES
By: ______________________________ By: _____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: _____________________________ Date: ____________________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _11/12/2025 Item No. _____
APPROVED AS TO FORM: ATTEST:

By: ______________________________ By: _____________________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – up to/over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

V – Page 1161 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23

V – Page 1162 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23
EXHIBIT “A2”
Contractor shall provide cleaning services for sixteen additional art pieces located throughout the City of Palm Springs.

Scope/Compensation
Pillars East Tahquitz Canyon Way
• Art Piece: Equality
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Community
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Civility
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $570.00 x 2 = $1,140.00.
o Total: $1,140.00 Annually.
• Art Piece: Diversity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.
• Art Piece: Serenity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $570.00 x 2 = $1,140.00.
o Total: $1,140.00 Annually.
• Art Piece: Creativity
o Service: Washing & Waxing.
o Frequency: Twice Annually.
o Price: $825.00 x 2 = $1,650.00.
o Total: $1,650.00 Annually.

Creature Alley
• Art Piece: Blue Belly Crab - orange (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.

V – Page 1163 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23
• Art Piece: Prince - green (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Red Dragon (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Yellow Warbler (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.
• Art Piece: Dancing Rhino (Palm Canyon Dr. & W. Chino Drive) o Service: Wash & Wax.
o Frequency: Twice Annually.
o Price: $760.00 x 2 = $1,520.00.
o Total: $1,520.00 Annually.

Artscape in the Park
• Art Piece: Spegody *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,850.00 x 2 = $5,700.00.
o Total: $5,700.00 Annually.
• Art Piece: Rover *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $3,800.00 x 2 = $7,600.00.
o Total: $7,600.00 Annually.
• Art Piece: Dancer 6 *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,660.00 x 2 = $5,320.00.
o Total: $5,320.00 Annually.
• Art Piece: Shapes and Sizes *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $3,040.00 x 2 = $6,080.00.
o Total: $6,080.00 Annually.

V – Page 1164 of 1899
Docusign Envelope ID: 40665CE7-6CB9-4B64-994F-E4E8290D3BEA

Revised: 10.31.23
Beautiful Shade
• Art Piece: Dragonfly *
o Service: Full maintenance clean.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders, full team, and a full day. o Price: $2,280.00 x 2 = $4,560.00.
o Total: $4,560.00 Annually.

Other Locations
• Art Piece: Crawler (Museum Way)
o Service: Wash & Hand Wax.
o Frequency: Twice Annually.
o Instructions: Requires scaffold/tall ladders.
o Price: $1,900.00 x 2 = $3,800.00.
o Total: $3,800.00 Annually.
• Art Piece: TOT (Swim Center)
o Service: Wash
o Frequency: Twice Annually.
o Price: $225.00 x 2 = $450.00.
o Total: $450.00 Annually.

Compensation
FY 2026 FY 2027 Total
New Pieces: 8,845.00 56,790.00 65,635.00
Existing Pieces: 34,635.00 34,635.00 69,270.00
Annual Total 43,480.00 91,425.00 134,905.00
• Waxing to include several coasts of “bowling wax.”
• Washing to be done with a non-ionic soap & deionized water • Contractor to provide all material and supplies needed to complete services. *Art pieces recently installed or not yet installed may not require cleaning and maintenance servicing during the first fiscal year (July 1. 2025 to June 30, 2026).

V – Page 1165 of 1899

ATTACHMENT B

V – Page 1166 of 1899

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 [name] General Partner Limited Partner
Other __________________________ 11
79350 Four Paths Lane, Bermuda Dunes CA 92203
CA
SAME DAY EXPRESS LLC dba Signature Sculpture
BRETT FIORE Type text here
100% INTEREST
Type text here

V – Page 1167 of 1899

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 BRETT FIORE, Owner/Operator
06/20/22

V – Page 1168 of 1899

ATTACHMENT C

V – Page 1169 of 1899

CONTRACT ABSTRACT
Contract prepared by: Leigh Gileno
Submitted on: 9/8/2022 By: L.Gileno
Note:

Contract
Company Name:

Company Contact:

Summary of Services:

Contract Price:

Funding Source:

Contract Term:

Same Day Express LLC DBA Signature Sculpture Restoration Brett Fiore
Art Cleaning, maintenance, and art restoration services $34,635,00 annually Plus one-time restoration costs for specific Art pieces as outlined in the contract – Total cost $128,905.00 TBD
3 years
Contract Administration
Lead Department:

Contract Administrator:

Community & Economic Dev.

Jay Virata
Contract Approvals
Council/ Community Redevelopment
Agency Approval Date:

Agenda Item No./ Resolution No.:

Agreement No:

September 1, 2022
V1.

A9206
Contract Compliance
Exhibits:

Signatures:

Insurance:

Bonds
Yes
Yes
N/A
DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1170 of 1899

CONTRACT SERVICES AGREEMENT A9206

CLEANING AND MAINTENANCE OF PUBLIC ART
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Same Day Express dba Signature Sculpture, a Single Member California Limited Liability Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a art conservator to provide the City with Cleaning and Maintenance of Public Art (“Project”).

B. Contractor has submitted to City a proposal to provide cleaning and maintenance of the city owned public art, under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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

DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1171 of 1899

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $128,905.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1172 of 1899

(3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of Three years, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

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

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

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1173 of 1899

employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Brett Fiore Owner/Operator
Danny Vergara Supervisor and Patinur
Miguel Cortes Tech 2 and Patinur.

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1174 of 1899

with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.

Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

DocuSign Envelope ID: 1045F196-70AB-44B9-B993-1700941333BC

V – Page 1175 of 1899