CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov
REGULAR MEETING AGENDA
DECEMBER 10, 2025
4:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Ron deHarte, Mayor
Naomi Soto, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
David Ready, Councilmember
Scott Stiles, City Manager
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.
December 10, 2025 City Council Regular Meeting Agenda 1 Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).
Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.
AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
4:30 P.M. CLOSED SESSION
CALL TO ORDER (Council Chamber):
PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.
RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.
December 10, 2025 City Council Regular Meeting Agenda 2 5:30 P.M. REGULAR MEETING
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS: NONE
APPOINTMENT OF MAYOR AND MAYOR PRO TEM
RECOMMENDATION:
Appoint Naomi Soto to the position of Mayor and David Ready to the position of Mayor Pro Tem for a one-year term commencing upon appointment.
ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion.
The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
REPORT OF CLOSED SESSION:
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.
1. CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.
A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of November 12, 2025.
December 10, 2025 City Council Regular Meeting Agenda 3 B. ACCEPTANCE OF A RESIGNATION FROM THE AIRPORT COMMISSION RECOMMENDATION:
Accept the resignation of Dave Banks from the Airport Commission, effective immediately.
C. RESOLUTION APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 11-08-25 AND 11-22-25 TOTALING $6,208,524.05 AND ACCOUNTS PAYABLE WARRANTS DATED 10-28-25, 11-06-25, AND 11-20-25 TOTALING $15,066,154.51 IN THE AGGREGATE AMOUNT OF $21,274,678.56 DRAWN ON BANK OF AMERICA”.
D. GENERAL FUND, AIRPORT, AND CAPITAL FOR FIRST QUARTER FISCAL YEAR 2025-26 BUDGET UPDATE
RECOMMENDATION:
Receive and File.
E. APPROVE CONSTRUCTION CONTRACT NO. 25C445 WITH INNOVATIVE PLAYGROUNDS COMPANY, INC. FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT, AND CONSTRUCTION CONTRACT NO. 25C448 WITH SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES
FOR THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT DESERT HIGHLAND PARK.
RECOMMENDATION:
Approve Construction Contract No. 25C445 with Innovative Playgrounds Company, Inc. to purchase and install playground equipment at Desert Highland Park, for an amount of $562,651.20;
1. Approve Construction Contract No. 25C448 with Shade Structures, Inc., dba USA Shade & Fabric Structures to purchase and install shade structure equipment at Desert Highland Park, for an amount of $298,173.33; and
2. 3. Authorize the City Manager or designee to execute all necessary documents.
F. APPROVAL OF PARCEL MAP 38635 WITH THE MEZRAHI FAMILY TRUST December 10, 2025 City Council Regular Meeting Agenda 4 F. APPROVAL OF PARCEL MAP 38635 WITH THE MEZRAHI FAMILY TRUST RECOMMENDATION:
Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38635 WITH THE MEZRAHI FAMILY TRUST, FOR PROPERTY LOCATED AT 211 N SUNRISE WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
G. APPROVAL OF PLANS AND SCOPE OF WORK AND AUTHORIZATION TO BID VICTORIA PARK RESTROOM REPLACEMENT, CITY PROJECT 18-06
RECOMMENDATION:
Approve the plans and Scope of Work authorizing staff to advertise and solicit bids for the Victoria Park Restroom Replacement, City Project 18-06 (“the Project”); and
1. 2. Authorize the City Manager to execute all necessary documents.
H. A REQUEST BY THE OWNERS OF NINE HISTORIC PROPERTIES FOR
APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENTS, INCLUDING THREE UNITS WITHIN THE OCOTILLO LODGE HISTORIC DISTRICT (HSPB #154 / HD-11) AT 1111 EAST PALM CANYON DRIVE; 1850 SMOKE TREE LANE (HSPB #159); 2821 EAST LIVMOR AVENUE (HSPB #124); ONE UNIT WITHIN THE SANDCLIFF GARDEN HOMES HISTORIC DISTRICT (HSPB #93 / HD-5); TWO UNITS WITHIN THE COUNTRY CLUB ESTATES HISTORIC DISTRICT (HSPB #145 / HD-9); AND 999 PATENCIO ROAD (HSPB#169)
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:
A. 1111 E. Palm Canyon, Unit 355 (Ocotillo Lodge), APN: 511-035-097.
B. 1850 Smoke Tree Lane, (aka: 1800 S. Sunrise Way), APN: 510-172-001.
C. 2821 E. Livmor Avenue, APN: 502-141-006.
D. 1847 Sandcliff Road, APN: 510-040-009.
E. 1111 E. Palm Canyon, Unit 345 (Ocotillo Lodge), APN: 511-035-087.
F. 810 E. La Verne Way (Country Club Estates), APN: 511-150-019.
G. 1111 E. Palm Canyon, Unit 341 (Ocotillo Lodge), APN: 511-035-083.
H. 1973 S. Camino Real (Country Club Estates), APN: 511-150-004.
I. 999 Patencio Road, APN: 505-251-005.
2. Authorize the City Manager to execute the Agreements.
3. Direct the City Clerk to record the Agreements with the County of Riverside.
December 10, 2025 City Council Regular Meeting Agenda 5 I. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. 25C410 WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF BODY-WORN
CAMERAS, IN-CAR CAMERAS, DIGITAL EVIDENCE MANAGEMENT SOFTWARE,
AND ASSOCIATED WARRANTIES, SOFTWARE, AND STORAGE FEES
RECOMMENDATION:
Approve Cooperative Purchase Agreement No. 25C410 with Motorola Solutions, Inc., for the purchase of body-worn cameras, in-car cameras, digital evidence management software, including associated warranties, software, and storage fees for an amount not to exceed $875,831.50 for a five-year term commencing on December 11, 2025, and continuing through December 10, 2030;
1. 2. Authorize the City Manager to execute all necessary documents.
J. A REQUEST BY PRESA HALL, ON BEHALF OF SPIRIT OF SOFIA, LLC, FOR APPROVAL OF AN ART MURAL TITLED “SPIRIT OF SOFIA” ON THE EAST
ELEVATION OF THE PERIMETER WALL AT AN EXISTING HOTEL LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE MUR-2025-0002)
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “SPIRIT OF SOFIA” ON THE EAST ELEVATION OF THE PERIMETER WALL AT AN EXISTING HOTEL, SPIRIT OF SOFIA, LOCATED AT 1491 SOUTH VIA SOLEDAD (CASE MUR-2025-0002).”
K. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25Q441 WITH
GLOBALMELK LLC FOR URBAN DESIGN SERVICES AND PROFESSIONAL SERVICES AGREEMENT NO. 25Q442 WITH MULTISTUDIO, INC. FOR BRANDING
AND MARKETING FOR THE CONVENTION CENTER CONNECTOR PROJECT RECOMMENDATION:
Approve Professional Services Agreement No. 25Q441 with Globalmelk LLC to provide urban design services for the convention center connector project for a term commencing on January 1, 2026, and continuing through December 31, 2028, for an amount not to exceed $750,000;
1. Approve Professional Services Agreement No. 25Q442 with Multistudio, Inc. to provide branding and marketing services for the convention center connector project for a term commencing on January 1, 2026, and continuing through December 31, 2028, for an amount not to exceed $500,000;
2. 3. Authorize the City Manager or designee to execute all necessary documents.
L. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION IN THE December 10, 2025 City Council Regular Meeting Agenda 6 L. AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION IN THE AMOUNT OF $451,031 FOR AIRPORT STORMWATER OUTFALL REPAIR PROJECT (“THE PROJECT”), AIRPORT PROJECT PSP-01
RECOMMENDATION:
Award a construction contract to Matich Corporation in the amount of $451,031 for Airport Stormwater Outfall Repair Project, Airport Project PSP-01.
1. 2. Authorize the City Manager or designee to execute all necessary documents.
M. APPROVE CONTRACT SERVICES AGREEMENT NO. 25B427 WITH AMERICAN INTEGRATED SERVICES, INC., FOR ON-CALL HAZARDOUS WASTE DISPOSAL
SERVICES
RECOMMENDATION:
Approve Contract Services Agreement No. 25B427 with American Integrated Services, Inc., to provide on-call hazardous waste disposal services for the Public Works Department in an amount not to exceed $375,000 for an initial three-year term, beginning December 11, 2025, through December 10, 2028, with two one-year extension options at the City’s sole discretion; and
1. 2. Authorize the City Manager, or his designee, to execute all necessary documents.
N. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A9206 WITH SAME
DAY EXPRESS, DBA SIGNATURE SCULPTURE, FOR CLEANING AND
MAINTENANCE OF PUBLIC ART
RECOMMENDATION:
Approve Amendment No. 3 to Agreement No. A9206 with Same Day Express, d/b/a Signature Sculpture, for the cleaning and maintenance of additional public art pieces, increasing annual compensation by $50,000 for Fiscal Year 2026, not to exceed a total contract amount of $189,799.50.
1. 2. Authorize the City Manager to execute the amendment.
O. WHISTLEBLOWER HOTLINE REVIEW AND UPDATE
RECOMMENDATION:
Receive and file this report.
December 10, 2025 City Council Regular Meeting Agenda 7 P. APPROVE CONSTRUCTION CONTRACT NO. 25C449 WITH MIRACLE
RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND
INSTALLATION OF SHADE STRUCTURES AND RUBBERIZED SURFACING AT
RUTH HARDY PARK
RECOMMENDATION:
Approve Construction Contract No. 25C449 with Miracle Recreation Equipment Company, to purchase and install rubberized surfacing at Ruth Hardy Park, for an amount of $336,303.07; and
1. 2. Authorize the City Manager or designee to execute all necessary documents.
Q. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 23P047 WITH HARRIS AND ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED $2,179,678.18 FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
RECOMMENDATION:
Approve Amendment No. 2 in the amount of $2,179,678.18 to Professional Services Agreement No. 23P047, for a new not-to-exceed amount of $6,777,795.72, with Harris and Associates, Inc. for the Indian Canyon Drive Widening, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11(“Project’); and
1. 2. Authorize the City Manager to execute all necessary documents.
R. ACCEPTANCE OF PLAZA THEATRE, CITY PROJECT 18-04
RECOMMENDATION:
Accept the Plaza Theatre, City Project No. 18-04, as completed in accordance with the plans and specifications; and
1. Authorize the City Engineer to execute and file a Notice of Completion with the Riverside County Recorder for Plaza Theatre, City Project No. 18-04.
2. S. ACCEPTANCE OF STATE HIGHWAY MANHOLE REPAIRS, CITY PROJECT 24-04 RECOMMENDATION:
Accept the public works improvement identified as State Highway Manhole Repairs, City Project 24-04, as completed in accordance with the plans and specifications; and
1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for State Highway Manhole Repairs, City Project 24-04.
2. T. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND December 10, 2025 City Council Regular Meeting Agenda 8 T. APPROVAL OF AMENDMENT NO. 2 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2025-26
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2
TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2025-2026, ADOPTED BY RESOLUTION NO. 25325.”
1. Authorize the City Manager to execute all documents necessary to effectuate this action.
2. U. STAY OF RESIDENT GOLF RATES AT TAHQUITZ CREEK GOLF RESORT RECOMMENDATION:
Authorize the City to maintain the current resident golf rates at the City-owned Tahquitz Creek Golf Resort and to stay implementation of the resident golf rate increases retroactive to December 1, 2025.
1. 2. Authorize the City Manager or designee to execute any necessary documents.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.
2. PUBLIC HEARINGS:
A. CONCLUDE FORMATION PROCEEDINGS FOR COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SERENA PARK)
RECOMMENDATION:
Open the public hearing on the formation of Community Facilities District No. 2025-1 (Serena Park), take public testimony, close the public hearing;
1. Adopt Resolution establishing Community Facilities District No. 2025-1 (Serena Park);
2. 3. Adopt Resolution determining necessity to incur bonded indebtedness;
4. Adopt Resolution calling an election relating to the levy of a Special Tax;
5. Conduct an election;
6. Adopt Resolution declaring the results of said election; First Reading of Ordinance relating to the Levy of a Special Tax within Community Facilities District No. 2025-1 (Serena Park); and
7. 8. Adopt a Resolution Approving Funding, Construction and Acquisition Agreement.
December 10, 2025 City Council Regular Meeting Agenda 9
3. BUSINESS & LEGISLATIVE:
A. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2026
RECOMMENDATION:
Review, provide direction on modifications, and adopt a Resolution entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE, DAYS, AND TIME, AND RESCINDING RESOLUTION NO. 25267.”
B. REVIEW AND APPROVE THE 2026 ROSTER OF CITY COUNCIL
SUBCOMMITTEES, APPOINTEES, LIAISONS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
RECOMMENDATION:
Review and provide direction on changes to the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations.
1. Alternatively, approve the roster of City Council subcommittees, appointees, liaisons, and representatives to external organizations, and authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.
2. C. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A PROPOSED WAREHOUSE DEVELOPMENT ON 217 ACRES ON TRIBAL TRUST LAND TOTALING UP TO 2.85 MILLION SQUARE FEET IN FOUR (4) BUILDINGS LOCATED WEST OF TIPTON ROAD BETWEEN INTERSTATE 10 TO THE NORTH AND HIGHWAY 111 TO THE SOUTH, SECTIONS 9,10,15 AND 16, ZONE O-5 (OPEN SPACE) (CASE CR 2025-0002)
RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A PROPOSED WAREHOUSE DEVELOPMENT ON 217 ACRES ON TRIBAL TRUST LAND TOTALING UP TO 2.85 MILLION SQUARE FEET IN FOUR (4) BUILDINGS LOCATED WEST OF TIPTON ROAD BETWEEN INTERSTATE 10 TO THE NORTH AND HIGHWAY 111 TO THE SOUTH; DIRECTING STAFF TO TRANSMIT THE
REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2023-0002).”
December 10, 2025 City Council Regular Meeting Agenda 10 D. A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE (4/5THS VOTE REQUIRED) AND FIRST READING OF A PROPOSED ORDINANCE ADOPTING AND AMENDING THE 2025 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA EXISTING BUILDING CODE, THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 WILDLAND-URBAN INTERFACE CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA MECHANICAL CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE.
RECOMMENDATION:
Waive the full reading of the Ordinance text in its entirety, read by title only, and adopt urgency Ordinance entitled, “AN URGENCY ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2025 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2024
INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;”
1. Introduce by title only and waive further reading of Ordinance entitled, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS
MUNICIPAL CODE, ADOPTING BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2025 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY
2. December 10, 2025 City Council Regular Meeting Agenda 11 CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2024 INTERNATIONAL PROPERTY
MAINTENANCE CODE, INCLUDING ALL APPENDICES AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938 AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;” and
Schedule a public hearing for January 14, 2026, to consider adoption of the regular ordinance at second reading.
3. E. DISCUSSION AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF
THE PALM SPRINGS MUNICIPAL CODE, REGARDING CANNABIS LOUNGES RECOMMENDATION:
Waive the reading of text in its entirety, read by title only, and introduce for first reading Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.55 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING CANNABIS LOUNGES”.
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.
ADJOURNMENT:
AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.
City of Palm Springs )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on December 4, 2025, and posted on the City’s website as required by established policies and procedures.
____________________________
Brenda Pree, MMC, CERA
December 10, 2025 City Council Regular Meeting Agenda 12 City Clerk
P U B L I C N O T I C E S
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.
December 10, 2025 City Council Regular Meeting Agenda 13 A. Approval of Minutes
RECOMMENDATION:
Approve the City Council Meeting Minutes of November 12, 2025.
Item 1A - Page 1
November 12, 2025
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Wednesday, November 12, 2025, at 5:36 p.m.
PLEDGE OF ALLEGIANCE:
Councilmember Bernstein led the City Council in the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte.
Absent: None
City Staff
Present:
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.
Mayor deHarte participated in the meeting remotely via teleconference on the Zoom platform.
PRESENTATIONS:
A. TOWNSEND PUBLIC AFFAIRS
Niccolo De Luca, with Townsend Public Affairs, provided a Legislative Update and Accomplishments presentation.
PROCLAMATIONS:
Mayor deHarte announced the issuance of the following proclamations:
• On October 24, 2025, the City of Palm Springs recognized the Pride Flag-Raising in the heart of the Arenas Business District.
• The following proclamations were issued on October 31, 2025:
o The City recognized The International Imperial Court System, one of the oldest and largest LGBTQ+ charitable organizations, in celebration of the organization's Item 1A - Page 2
City Council Minutes (DRAFT) November 12, 2025
City of Palm Springs Page 2
60th anniversary.
o Terry Sidie, King Father I of the Americas, was recognized for his dedicated service and unwavering commitment to the International Imperial Court System. • November 1, 2025, was declared as Nicole Murray-Ramirez Day. Murray-Ramirez was recognized for her 55 years of leadership in LGBTQ+ and Latino civil rights advocacy, community service, and philanthropy. She is also known as Empress Nicole the Great and Queen Mother I of the Americas.
• On November 5, 2025, the City commemorated the Official Unfurling of the Rainbow Flag, a tradition that marks the official launch of Pride Week in Palm Springs. • The following proclamations were issued on November 6, 2025:
o November 6th was proclaimed as Sordid Lives Day, in recognition of the film’s 25th anniversary, a film that captured the heart and humor of Palm Springs. o The City Council proclaimed November 6 to November 9 as Pride Week 2025, in honor of the many civic contributions and the resilience of the lesbian, gay, bisexual, transgender, and queer community in Palm Springs, reaffirming its commitment to equality, inclusion, and human rights for all. • The following proclamations were issued on November 7, 2025:
o Andy Linsky was honored for his extensive contributions, spanning over two decades, to the Human Rights Campaign (“HRC”), the nation’s largest LGBTQ+ civil rights organization. Mr. Linksy has remained a steadfast leader, fostering community engagement, and strengthening support for equality across the Coachella Valley.
o On November 7th, the City Council designated the following commemorative days:
▪ Hannah Senesh Day, in honor of Hannah Senesh, who is celebrated as one of the most courageous Jewish heroines of the Second World War, esteemed for her poetry, valor, and steadfast commitment to freedom and humanity. ▪ Mark Hunter Seymour Day, which acknowledges his longstanding leadership, entrepreneurial endeavors, and advocacy for increased visibility of the LGBTQ+ community.
ACCEPTANCE OF THE AGENDA:
Motion by Councilmember Garner, Second by Mayor Pro Tem Soto, CARRIED 5 – 0, to:
Accept the agenda with the removal of Consent Calendar Item Nos. 1F, 1J, 1N, and 1R for separate discussion; tabling Consent Calendar Item No. 1V; with Mayor deHarte recusing from Consent Calendar Item Nos. 1E and 1W.
AYES: Councilmember Bernstein, Mayor deHarte, Councilmember Garner, Mayor Pro Tem Soto, Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of November 12, 2025, was called to order by Mayor deHarte at 3:02 p.m.
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The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION; Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there were three (3) matters.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION; Pursuant to Government Code Section 54956.9(d)(1):
Under existing facts and circumstances, there were two (2) matters:
Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association, Case No. 01-23-0002-5716.
Palm Springs Promenade, LLC (Appellant) v. Department of Industrial Relations (Respondent); Court of Appeal Fourth Appellate District, Division One; Court of Appeal, Case No. D083069; Superior Court Case No. CVPS2202816.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION; Pursuant to Government Code Section 54957:
City Manager and City Attorney.
CONFERENCE WITH LEGAL COUNSEL — PROPERTY NEGOTIATORS; Pursuant to Government Code Section 54956.8:
Property:
City Negotiators:
Negotiating parties:
Under negotiation:
125 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Scott Stiles, City Manager; and Jeff Ballinger, City Attorney Michael Braun, Grit Development
Price and Terms
Councilmember Bernstein recused from the Palm Springs Promenade closed session items. Additionally, City Attorney Ballinger recused himself from a closed session litigation agenda item; with a partner attorney assuming his responsibilities during that matter.
PUBLIC TESTIMONY:
Xander Brown, Phillip Hodges, Patrick Weiss, Eileen Lynch, Scott Bowman, Morgan Williams, and Michael Joseph Pitkins provided oral testimony.
1. CONSENT CALENDAR:
A. APPROVAL OF MINUTES
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Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Approve the City Council Meeting Minutes of October 22, 2025.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
B. ACCEPT RESIGNATION FROM THE PUBLIC ARTS COMMISSION
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Accept the resignation of Carlos Silveira from the Public Arts Commission, effective immediately.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
C. TREASURER’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2025 Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Receive and File.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
D. CITY OF PALM SPRINGS AB 1600 REPORT FOR FISCAL YEAR
2024-2025
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
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Receive and File the City’s Development Project Fee Report for Fiscal Year 2024-2025 (Attachment A).
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
E. APPROVAL OF PAYROLL & ACCOUNTS PAYABLE WARRANTS,
CLAIMS AND DEMANDS
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 4 – 0, to:
Adopt Resolution No. 25353, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 10-11-25 and 10-25-25 TOTALING $5,486,502.39 AND ACCOUNTS PAYABLE WARRANTS DATED 10-09-25 and 10-23-25
TOTALING $12,930,690.03 IN THE AGGREGATE AMOUNT OF
$18,417,192.42 DRAWN ON BANK OF AMERICA”.
AYES: Councilmember Bernstein, Councilmember Garner,
Mayor Pro Tem Soto, Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: Mayor deHarte
F. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 25Q414
WITH LMN / O2 JOINT-VENTURE FOR CONVENTION CENTER
ARCHITECTURAL AND ENGINEERING SERVICES
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to:
1. Approve Professional Services Agreement No. 25Q414 with LMN /o2 Joint- Venture to provide architectural and engineering services for the convention center renovation and expansion project for a term commencing on November 13, 2025, and continuing through December 31, 2028, for an amount not to exceed $1,000,000;
2. Authorize the City Manager or designee to execute all necessary documents.
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AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
G. APPROVE AN INCREASE IN GROUND TRANSPORTATION FEE FOR
STANDARD PICK-UP AND PRE-ARRANGED APPOINTMENTS BY
TAXICABS AT THE PALM SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Adopt Resolution No. 25354, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADOPTING AN INCREASE IN THE TAXICAB GROUND
TRANSPORTATION FEE AT THE PALM SPRINGS INTERNATIONAL
AIRPORT”
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
H. A REQUEST BY ACAI OASIS, LLC, FOR A RESOLUTION OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE
FOR OFF-SITE CONSUMPTION (TYPE 20 – OFF-SALE BEER &
WINE) AT AN EXISTING BUSINESS, ACAI OASIS, WHICH IS
LOCATED AT 144 SOUTH PALM CANYON DRIVE (APN: 513-144-
009), ZONE CBD, SECTION 15 (CASE PCN-2025-0003)
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Adopt Resolution No. 25355, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER & WINE)
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR ACAI OASIS, WHICH IS LOCATED AT 144 SOUTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 446.06”
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AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
I. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT NO. 24B189 WITH MANSFIELD POWER AND GAS,
LLC FOR THE PURCHASE OF NATURAL GAS FOR THE MUNICIPAL
COGENERATION PLANT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Amendment No. 1 to Contract Services Agreement 24B189, with Mansfield Power and Gas, LLC, for an additional amount of $469,553 and a revised contract amount not to exceed $916,738 and extending the term one-year through December 31, 2026, for the purchase of natural gas for the Municipal Cogeneration Plant;
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
J. APPROVE CONSTRUCTION AGREEMENT NO. 25S423 WITH
ACTION TARGET FOR DESIGN, EQUIPMENT, AND INSTALLATION
OF HVAC AND RANGE SYSTEMS FOR THE POLICE DEPARTMENT
FIRING RANGE.
Motion by Mayor Pro Tem Soto, Second by Councilmember
Bernstein, CARRIED 5 – 0, to:
1. Approve Contract for Construction No. 25S423 (Attachment A) with Action Target, Inc. for an amount not to exceed
$1,455,155.38 for the design, equipment purchase, and
installation of HVAC and range systems at the Police
Department’s firing range; and
2. Authorize the City Manager, or designee, to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
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Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
K. APPROVE AIRPORT LEASE AGREEMENT NO. 25N024 WITH
STRIKE TECHNOLOGY, INC. DBA WILORCO FOR 2901 E. ALEJO
ROAD, (THE "ACCELERATOR CAMPUS") BLDG 13 AT THE PALM
SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve Airport Lease Agreement No. 25N024 with Strike Technology Inc. dba Wilorco for 2901 E. Alejo Road, Building #13 at the Palm Springs International Airport for the term beginning October 1, 2025 and ending on June 30, 2026.
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
L. APPROVAL OF TRACT MAP WITH EMP2, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Adopt Resolution No.25356, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TRACT MAP 38998 WITH EMP2, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED WITHIN PLANNING AREA 1 OF THE ESCENA DEVELOPMENT LOCATED AT 1000 NORTH GENE AUTRY TRAIL, IN SECTION 7, TOWNSHIP 4 SOUTH, RANGE 5 EAST.”
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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M. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., A NORTH CAROLINA
CORPORATION, FOR PROFESSIONAL ENGINEERING SERVICES
IN THE AMOUNT OF $309,976.92 FOR THE 2026 PAVEMENT
MANAGEMENT PLAN UPDATE, CITY PROJECT NO. 25-12
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve a Professional Services Agreement with Kimley-Horn and Associates, Inc., a North Carolina Corporation (KimleyHorn) in the amount of $309,976.92 for professional engineering services;
2. Authorize the City Manager or his designee to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
N. APPROVAL OF NON-EXCLUSIVE OPERATING AND LEASE
AGREEMENT NO. 25L418 FOR SIXT RENT A CAR, LLC AT PALM
SPRINGS INTERNATIONAL AIRPORT
Motion by Councilmember Garner, Second by Mayor Pro Tem Soto, CARRIED 3 – 2, to:
1. Approve Non-Exclusive Operating and Lease Agreement No. 25L418 for SIXT Rent a Car, LLC to operate a car rental concession at the Palm Springs International Airport from November 1, 2025, through June 30, 2026, with two (2) oneyear extension options.
2. Authorize the City Manager or designee to execute all necessary.
AYES: Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: Councilmember Bernstein, Mayor deHarte
ABSTAIN: None
RECUSED: None
O. ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A
PROPOSED 62-UNIT APARTMENT DEVELOPMENT (“INSPIRE
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SUNRISE”) ON A 5-ACRE TRIBAL TRUST PARCEL LOCATED AT
THE SOUTHWEST CORNER OF EAST ALEJO ROAD AND NORTH
SUNRISE WAY (APN: 508-060-017, GOVERNMENT LOT 140),
ZONE MR (MEDIUM DENSITY RESIDENTIAL), SECTION 14
SPECIFIC PLAN (CASE CR-2025-0001)
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Adopt Resolution No. 25357, entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 62-UNIT APARTMENT DEVELOPMENT ON
TRIBAL TRUST LAND AT THE SOUTHWEST CORNER OF EAST ALEJO ROAD AND NORTH SUNRISE WAY (APN: 508-060-017, GOVERNMENT LOT 140); DIRECTING STAFF TO TRANSMIT THE REPORT TO THE
TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE CR-2025-0001)”
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
P. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E)
AND AUTHORIZATION TO BID THE DEMUTH PARK DEVELOPMENT
PROJECT, CITY PROJECT 21-16
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Demuth Park Development Project, City Project 21-16 (“the Project”);
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
Q. APPROVE AMENDMENTS TO PROFESSIONAL SERVICES
AGREEMENTS A8509, A8510, A8514 AND A8516 WITH
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HISTORIC RESOURCES GROUP, CHATTEL, INC., GPA
CONSULTING, INC., AND ARCHITECTURAL RESOURCES GROUP,
INC. FOR ON-CALL ARCHITECTURAL HISTORIAN SERVICES
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
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.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
R. 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
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to:
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.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
S. 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
Motion by Councilmember Garner, Second by Councilmember Item 1A - Page 12
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Bernstein, CARRIED 5 – 0, to:
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.”
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
T. 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
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
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.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
U. 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.”
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Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to:
Adopt Resolution No. 25358, 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.”
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
V. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. A9206
WITH SAME DAY EXPRESS, DBA SIGNATURE SCULPTURE, FOR
CLEANING AND MAINTENANCE OF PUBLIC ART
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 5 – 0, to: Table the item.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
W. ACCEPTANCE OF INSTALLATION OF THE ARENAS BUSINESS
DISTRICT LANDMARK FLAGPOLE
Motion by Councilmember Garner, Second by Councilmember Bernstein, CARRIED 4 – 0, to:
1. Accept the public works improvement known as the Arenas Business District Landmark Flagpole Project, as completed in accordance with the Construction Contract; and
2. Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Arenas Business District Landmark Flagpole Project.
AYES: Councilmember Bernstein, Councilmember Garner,
Mayor Pro Tem Soto, Councilmember Ready
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NAYS: None
ABSTAIN: None
RECUSED: Mayor deHarte
2. PUBLIC HEARINGS:
A. AN APPLICATION BY JONATHAN WURTZEL FOR HISTORIC SITE
DESIGNATION OF THE CULLERTON-CHADDICK RESIDENCE
LOCATED AT 572 WEST SANTA ELENA ROAD, HSPB 165
Steven Keylon provided oral testimony.
Motion by Councilmember Bernstein, Second by Councilmember Ready, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25359, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE CULLERTONCHADDICK RESIDENCE LOCATED AT 572 W. SANTA ELENA ROAD, AS A CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB
#165, SUBJECT TO CONDITIONS (APN 504-282-012)."
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
B. AN APPLICATION BY REST AREA LLC FOR HISTORIC SITE
DESIGNATION OF "THE RUBIN BUILDING" LOCATED AT 457
NORTH PALM CANYON DRIVE HSPB 167
Shaheen Sadeghi provided oral testimony.
Motion by Councilmember Bernstein, Second by Councilmember Ready, CARRIED 5 – 0, to:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. 25360, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING THE RUBIN
BUILDING LOCATED AT 457 N. PALM CANYON DRIVE, AS A
CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #167,
SUBJECT TO CONDITIONS (APN 513-082-007)."
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AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
RECESS/RECONVENE: The City Council recessed at 7:12 p.m. and reconvened at 7:26 p.m
C. AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO
ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE A
TENTATIVE TRACT MAP (TTM 38843), MAJOR DEVELOPMENT
PERMIT, AND CONDITIONAL USE PERMIT FOR A SEVEN AND
NINE STORY 257-ROOM HOTEL BUILDING AND A 6,040 SQUARE
FOOT RESTAURANT BUILDING LOCATED AT 847 EAST ANDREAS
ROAD IN SECTION 14 SPECIFIC PLAN AREA. (CASES #DP 2023- 0017, CUP 2023-0018, AND STM 2023-0014)
Dan Donahue, Aaron Carter, Stephen Dixon, and Jeff Okyle provided oral testimony.
Motion by Mayor Pro Tem Soto, Second by Councilmember Bernstein, as amended, CARRIED 5 – 0, to:
1. Open the appeal hearing and receive testimony; and
2. Reject the appeal and accept the Planning Commission’s decision by adopting Resolution No. 25361, entitled, “ A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DENYING THE APPEAL BY PLAZA VILLAS OWNERS ASSOCIATION
AND “SAFER” AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION FOR THE ADOPTION OF A MITIGATED NEGATIVE
DECLARATION AND THE APPROVAL OF A TENTATIVE TRACT MAP
(TTM 38843), A MAJOR DEVELOPMENT PERMIT, AND A
CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A NINE
STORY HIGH 257-ROOM HOTEL BUILDING AND A 6,040 SQUARE
FOOT RESTAURANT BUILDING LOCATED AT 847 EAST ANDREAS
ROAD IN SECTION 14 SPECIFIC PLAN AREA. (CASES #DP 2023-0017, CUP 2023-0018, AND STM 2023-0014).”
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
D. A PUBLIC HEARING REGARDING THE CONSIDERATION OF
ECONOMIC SUBSIDY REPORTS BETWEEN THE CITY OF PALM
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SPRINGS AND EIGHT HOTEL OWNERS/OPERATORS PURSUANT
TO GOVERNMENT CODE SECTION 53083.
Motion by Councilmember Garner, Second by Councilmember Ready, CARRIED 5 – 0, to:
1. Conduct a public hearing;
2. Approve and accept the Economic Development Subsidy Reports prepared pursuant to Gov. Code Section 53083; and,
3. Authorize the City Manager to execute any necessary steps to implement.
4. Approve a Covenant Agreement baseline adjustment from $102,481.21 to $38,396.99 for the Yara Hotel, originally approved by the City Council in February of 2025, and to be dated to the approval date of February 13, 2025, and authorize the City Manager and City Attorney to make conforming and non-conforming changes to effectuate the Agreement.
AYES: Councilmember Bernstein, Mayor deHarte,
Councilmember Garner, Mayor Pro Tem Soto,
Councilmember Ready
NAYS: None
ABSTAIN: None
RECUSED: None
3. BUSINESS & LEGISLATIVE:
A. ECONOMIC DEVELOPMENT STRATEGIC FRAMEWORK
No action was taken. The City Council reached a consensus to continue the item.
PUBLIC COMMENT:
Jane Dodd and Jake Epstine provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items.
ADJOURNMENT:
The City Council adjourned the regular meeting of Wednesday, November 12, 2025, at 10:25 p.m.
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Respectfully submitted,
________________________
Brenda Pree, MMC, CERA
City Clerk
Item 1A - Page 18
B. ACCEPTANCE OF RESIGNATION FROM THE AIRPORT COMMISSION RECOMMENDATION:
Accept the resignation of Dave Banks from the Airport Commission, effective immediately.
Item 1B - Page 1
CITY COUNCIL STAFF REPORT
DATE: December 10, 2025 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF RESIGNATION FROM THE AIRPORT COMMISSION FROM: Scott C. Stiles, City Manager
BY: City Clerk
RECOMMENDATION:
Accept the resignation of Dave Banks from the Airport Commission, effective immediately.
BACKGROUND:
The City Council appointed Mayor deHarte and Mayor Pro Tem Soto to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. With this action, the following vacancies have been identified:
two (2) vacancies within the Administrative Appeals Board, consisting of a vacancy with a term ending June 30, 2028, and an alternate vacancy with a term ending June 30, 2026; one (1) vacancy within the Airport Commission, with a term ending June 30, 2026; one (1) vacancy within the Human Rights Commission, with a term ending June 30, 2026; two (2) vacancies within the Measure “J” Oversight Commission, with terms ending June 30, 2026, and June 30, 2027; one (1) vacancy within the Parks and Recreation Commission, with a term ending June 30, 2027; one (1) vacancy within the Public Arts Commission, with a term ending June 30, 2026; and three (3) vacancies within the Sustainability Commission with terms ending June 30, 2026. The next open recruitment is scheduled between March 2026 and April 2026.
Government Code Section 54974 (a) states, "whenever an unscheduled vacancy occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet web site or at the library designated pursuant to Section 54973.” FISCAL IMPACT:
None.
REVIEWED BY:
Item 1B - Page 2
City Council Staff Report
December 10, 2025 -- Page 2
Acceptance of Resignation from the Airport Commission
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Boards and Commission Roster: Airport Commission
B. Resignation from Dave Banks
Item 1B - Page 3
ATTACHMENT A
Item 1B - Page 4
Item 1B - Page 5
AIRPORT COMMISSION, PALM SPRINGS INTERNATIONAL
This Commission consists of nineteen (19) members. Of which, ten (IO) members are appointed by the Palm Springs City Council to serve three-year terms. Members may not serve more than seven consecutive years on this Board. Each member must either: live, work, or go to school within the City of Palm Springs. Applicants under the age of 18 will be considered. The nine (9) members representing the Coachella Valley cities are also appointed by the Palm Springs City Council, after having been nominated by their respective city and/or the County of Riverside. Appointees nominated by other agencies may se1ve alternate terms and have other requirements established by their nominating legislative body. This Commission meets on the third Wednesday of each month at 4:00 p.m.
Staff Liaison: Harry Barrett, Airport Executive Director Email: [email protected], Phone: (760) 318-3800 Member - District Original Appointment Expires
Geoffrey Kiehl City of La Quinta July 9, 2il24 June 30, 2027 Keith Young - City of Rancho Mirage March 2, 2fil.3. July 1, 2027 Christian ~ - City of Cathedral City July 9, 2Q24 June 30, 2027 Kevin Wiseman - City of Palm Desert Jan. 13, 2022 June 30, 2028 Dirk Voss - City of Desert Hot Springs Jan. 2 I, 2il2..5. January 21 , 2027 Denise Delgado - City of Coachella Jan. 25, 2fil.3. December 31, 2025 Rick Wise - City of Indio April 1, 2fil.3. April 1, 2026 Margaret Park - County of Riverside July O 1, 2fil.3. June 30, 2026 Phil Valdez - City oflndian Wells July 9, 2il2..5. June 30, 2027 Kevin Corcoran* - 5 Dec. 19, 2Ql8 June 30, 2027
Todd Burke* - 4 June 19, 2fil.9. June 30, 2026
Tracy Martin - 1 May 25, 2fil.3. June 30, 2026
Daniel Caldwell - 5 May 25, 2fil.3. June 30, 2026
J Craig Fong - Outside PS May 25, 2fil.3. June 30, 2026 Dave Banks - 5 Se_R....., t ... l._4-'-=20=2=3=------J-'u=n""e ... 3_,_0.z..c. 2... 0 2""""6 Samantha McDermott - 2 June 13, 2Q24 June 30, 2028
Robert (Ken) Hedrick - 5 June 13, 2Q24 June 30, 2027
Bryan Ebensteiner - 2 June 13, 2Q24 June 30, 2027
Timothy Schoeffler - 3 June 11, 2il2..5. June 30, 2028
ATTACHMENT B
Item 1B - Page 6
Item 1B - Page 7
From: Dave Banks <[email protected]>
Sent: Monday, December 1, 2025 9:00 Al'vl
To: Harry Barrett <[email protected]>
Cc: Tanya Perez <[email protected]>
Subject: Commission Resignation
Hi HarryI reached out to Kevin last week, to let him know I have been considering resigning my commission seat, and he let me know I needed to notify you. I have huge respect and admiration for the work you, Jeremy, Victoria and your teams do each and every day, and have enjoyed support ing you all. My work schedule has significantly increased in the last few months and I feel that others in the community, who have more free time to give, would better serve the needs of the airport. So as of today, I respectfully resign my seat on the airport commission. I look forward to following all of the great progress and wish you and your team the best.
Thank you,
Dave Banks
•
C. ADOPT A RESOLUTION APPROVING PAYROLL & ACCOUNTS
PAYABLE WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 11-08- 25 AND 11-22-25 TOTALING $6,208,524.05 AND ACCOUNTS PAYABLE WARRANTS DATED 10-28-25, 11-06-25, AND 11-20-25 TOTALING $15,066,154.51 IN THE AGGREGATE AMOUNT OF $21,274,678.56 DRAWN ON BANK OF AMERICA”.
Item 1C - Page 1
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION APPROVING PAYROLL & ACCOUNTS
PAYABLE WARRANTS, CLAIMS AND DEMANDS
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
Staff requests City Council approve a resolution approving payment of payroll and accounts payable warrants/disbursements drawn on Bank of America. This process occurs bi-weekly, with City Council approval required each month.
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 11-08-25 AND 11-22-25 TOTALING $6,208,524.05 AND ACCOUNTS PAYABLE WARRANTS DATED 10-28-25, 11-06-25, AND 11-20-25 TOTALING $15,066,154.51 IN THE AGGREGATE AMOUNT OF $21,274,678.56 DRAWN ON BANK OF AMERICA”.
BACKGROUND:
Payroll and accounts payable warrants are issued regularly to fulfill the City’s obligations for employee compensation and vendor payments in accordance with City policy and budget authority.
STAFF ANALYSIS:
In accordance with Chapter 3.16 of the Palm Springs Municipal Code, the Director of Finance has conducted an audit of the payroll records covering the subject warrants and audited the claims and demands shown in the attached documents. The Director hereby certifies the accuracy of these records and confirms the availability of funds for payment.
Item 1C - Page 2
City Council Staff Report
December 10, 2025 -- Page 2
Adoption of Resolution Approving Payroll and Accounts Payable Warrants FISCAL IMPACT:
Funding for these warrants is included in the Fiscal Year Adopted Budget.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Payroll & Warrants Memo for PPE November 8, 2025
C. Payroll & Warrants Memo for PPE November 22, 2025
D. AP Check Reconciliation Register for October 28, 2025 E. AP Check Reconciliation Register for November 6, 2025 F. AP Check Reconciliation Register for November 20, 2025 Item 1C - Page 3
ATTACHMENT A
Resolution
Item 1C - Page 4
Resolution No. _____
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS/DISBURSEMENTS FOR THE
PERIOD ENDING 11-08-25 AND 11-22-25 TOTALING
$6,208,524.05 AND ACCOUNTS PAYABLE WARRANTS
DATED 10-28-25, 11-06-25 and 11-20-25 TOTALING
$15,066,154.51 IN THE AGGREGATE AMOUNT OF
$21,274,678.56 DRAWN ON BANK OF AMERICA.
WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
Kristopher J. Mooney
Director of Finance and Treasury
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.
ADOPTED THIS 10TH DAY OF DECEMBER, 2025.
SCOTT STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1C - Page 5
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
CITY CLERK
Item 1C - Page 6
ATTACHMENT B
Payroll & Warrants Memo for
PPE November 8, 2025
Item 1C - Page 7
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 11/14/2025
December 10, 2025
PAYROLL PERIOD ENDING 11/8/2025
FEDERAL TAXES 446,547.58
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423198-423209 24,322.77
LIABILITY CHECK REGISTER 2027488-2027504 38,758.15
PAYROLL DIRECT DEPOSITS 2,075,485.99
STATE TAXES 152,923.75
VENDOR WIRE PYMTS 7,028.74
DEFERRED COMP: ICMA 457 59,272.65
DEFERRED COMP: NATIONWIDE 40,533.72
ICMA RHS CONTRIBUTION 33,587.50
CA DCCS 5,454.60
TOTAL 2,883,915.45
Attachment B for PPE 110825 | 12102025 |11/26/2025 | 12:47 PM (AM) Item 1C - Page 8
1 | 1
ATTACHMENT C
Payroll & Warrants Memo for
PPE November 22, 2025
Item 1C - Page 9
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 11/28/2025
December 10, 2025
PAYROLL PERIOD ENDING 11/22/2025
FEDERAL TAXES 508,454.19
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423210-423216 11,855.86
LIABILITY CHECK REGISTER 2027748-2027763 38,365.61
PAYROLL DIRECT DEPOSITS 2,396,224.94
STATE TAXES 172,927.70
VENDOR WIRE PYMTS 7,013.30
DEFERRED COMP: ICMA 457 100,157.87
DEFERRED COMP: NATIONWIDE 50,883.75
ICMA RHS CONTRIBUTION 33,187.50
CA DCCS 5,537.88
TOTAL 3,324,608.60
Attachment C for PPE 112225 | 12102025 (2) |11/26/2025 | 12:46 PM (AM) Item 1C - Page 10
1 | 1
ATTACHMENT D
AP Check Reconciliation
Register for October 28, 2025
Item 1C - Page 11
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/28/2025 09:09
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027293 10/28/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 32,009.62 2027294 10/28/2025 PRINTED 104635 WOODCLIFF CORPORATION 608,182.68 2 CHECKS CASH ACCOUNT TOTAL 640,192.30 .00
Item 1C - Page 12
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 10/28/2025 09:09
User: AnaF
Program ID: apchkrcn
UNCLEARED CLEARED
2 CHECKS FINAL TOTAL 640,192.30 .00
** END OF REPORT - Generated by Ana Fisher **
Item 1C - Page 13
ATTACHMENT E
AP Check Reconciliation
Register for November 6, 2025
Item 1C - Page 14
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/06/2025 09:59
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027301 11/06/2025 PRINTED 100824 15000 INC 240.00
2027302 11/06/2025 PRINTED 100180 AMERICAN ASSOCIATION OF A 22,000.00 2027303 11/06/2025 PRINTED 100180 AMERICAN ASSOCIATION OF A 2,000.00 2027304 11/06/2025 PRINTED 101208 ABM AVIATION INC 83,615.77 2027305 11/06/2025 PRINTED 100292 ADMINSURE INC 20,799.00 2027306 11/06/2025 PRINTED 100403 AETNA 20,325.59
2027307 11/06/2025 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 7,292.37 2027308 11/06/2025 PRINTED 015931 GILBERTO PEDRO ALCARAZ 875.22 2027309 11/06/2025 PRINTED 104574 ALZHEIMERS COACHELLA VALL 2,000.00 2027310 11/06/2025 PRINTED 100572 AMAZON COM 38.27
2027311 11/06/2025 PRINTED 103781 AMAZON.COM SALES INC 396.43 2027312 11/06/2025 PRINTED 100383 AMERICAN FORENSIC NURSES 84.00 2027313 11/06/2025 PRINTED 105147 AMERIFLEX 643.50
2027314 11/06/2025 PRINTED 105013 APTAERO INC 3,100.00
2027315 11/06/2025 PRINTED 016414 DESTINY ARCE 144.20
2027316 11/06/2025 PRINTED 105325 AT&T MOBILITY LLC 402.40 2027317 11/06/2025 PRINTED 103384 AVIATRIX COMMUNICATIONS 900.00 2027318 11/06/2025 PRINTED 103994 BANNER BANK 26,162.10 2027319 11/06/2025 PRINTED 016280 HARRY BARRETT 76.00
2027320 11/06/2025 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 664,839.33 2027321 11/06/2025 PRINTED 015124 SANDRA BOSLER 75.88
2027322 11/06/2025 PRINTED 105473 HALL PHOENIX INWOOD LTD 192,710.30 2027323 11/06/2025 PRINTED 101837 CASC ENGINEERING AND CONS 7,715.00 2027324 11/06/2025 PRINTED 101506 CATS ARMS LLC 21,761.73 2027325 11/06/2025 PRINTED 100343 CAVENAUGH AND ASSOCIATES 620.00 2027326 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2027327 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 319.99 2027328 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 110.00 2027329 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 406.07 2027330 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,426.07 2027331 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,095.75 2027332 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,610.00 2027333 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,200.00 2027334 11/06/2025 PRINTED 100353 CHARTER COMMUNICATIONS / 156.25 2027335 11/06/2025 PRINTED 100044 STATE OF CALIFORNIA - CAL 19,115.04 2027336 11/06/2025 PRINTED 100558 CINTAS CORPORATION 7,669.16 2027337 11/06/2025 PRINTED 105498 CITY OF DESERT HOT SPRING 11,503.62 2027338 11/06/2025 PRINTED 100308 CLINICAL LABORATORY OF SA 40.00 2027339 11/06/2025 PRINTED 100589 COMMONWEALTH LAND TITLE C 15,816.00 2027340 11/06/2025 PRINTED 100589 COMMONWEALTH LAND TITLE C 167,871.00 2027341 11/06/2025 PRINTED 100205 NANCY K BOHL INC 3,712.50 2027342 11/06/2025 PRINTED 100196 COUNTY OF RIVERSIDE 68,770.03 2027343 11/06/2025 PRINTED 104013 DAILEY AND WELLS COMMUNIC 4,684.10 2027344 11/06/2025 PRINTED 100318 DATA TICKET INC 4,070.75 2027345 11/06/2025 PRINTED 105064 DECOR IQ LLC 11,242.06 2027346 11/06/2025 PRINTED 101281 DELTA DENTAL INSURANCE CO 2,742.34 2027347 11/06/2025 PRINTED 101282 DELTA DENTAL OF CALIFORNI 24,232.28 2027348 11/06/2025 PRINTED 103589 DESERT ARC 45.00
2027349 11/06/2025 PRINTED 100008 GANNETT CALIFORNIA LOCAL 9,076.74 2027350 11/06/2025 PRINTED 016209 JORGE DIAZ 1,471.52
2027351 11/06/2025 PRINTED 100650 DMV 6,299.00
2027352 11/06/2025 PRINTED 100650 DMV RENEWAL 6,299.00
Item 1C - Page 15
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/06/2025 09:59
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027353 11/06/2025 PRINTED 016722 CHRIS DUARTE 494.20
2027354 11/06/2025 PRINTED 016739 TRISTAN DUNCAN 813.40 2027355 11/06/2025 PRINTED 100054 DESERT WATER AGENCY 9,517.65 2027356 11/06/2025 PRINTED 100054 DESERT WATER AGENCY 48,301.28 2027357 11/06/2025 PRINTED 016598 BROOKLYN EDNEY 722.40 2027358 11/06/2025 PRINTED 100274 ENGINEERING RESOURCES OF 174,430.92 2027359 11/06/2025 PRINTED 105010 ENPRO ELEVATOR, INC 87,048.00 2027360 11/06/2025 PRINTED 105431 EQUIFAX INC 1,255.25
2027361 11/06/2025 PRINTED 103451 FIESTA FORD INC 155,447.61 2027362 11/06/2025 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 6,500.00 2027363 11/06/2025 PRINTED 101575 FIRETRUCKS UNLIMITED LLC 7,000.00 2027364 11/06/2025 PRINTED 101194 FLEX ADVANTAGE 677.25 2027365 11/06/2025 PRINTED 101723 FROG ENVIRONMENTAL INC 236.00 2027366 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.31 2027367 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 871.70 2027368 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 90.46 2027369 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,128.69 2027370 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 10,272.65 2027371 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 4,731.67 2027372 11/06/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 497.59 2027373 11/06/2025 PRINTED 100158 GALLS LLC 910.73
2027374 11/06/2025 PRINTED 105043 CLAUDIA GARCIA 367.00 2027375 11/06/2025 PRINTED 105500 JOEL GARCIA CRUZ 65.00 2027376 11/06/2025 PRINTED 100742 THE GREATER COACHELLA VAL 1,250.00 2027377 11/06/2025 PRINTED 100169 GENSLER 446,173.15
2027378 11/06/2025 PRINTED 103948 PUSH MEDIA INC 198,535.15 2027379 11/06/2025 PRINTED 016678 NICHOLAS GONZALEZ 639.20 2027380 11/06/2025 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 494.20 2027381 11/06/2025 PRINTED 016033 DENISE GOOLSBY 180.00 2027382 11/06/2025 PRINTED 104989 ADAM A CAMPOS 202.44
2027383 11/06/2025 PRINTED 103741 GRASSROOTS JUNIOR TENNIS 5,000.00 2027384 11/06/2025 PRINTED 105513 GREATER PALM SPRINGS TOUR 3,900.00 2027385 11/06/2025 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 35,831.63 2027386 11/06/2025 PRINTED 101343 HARRIS & ASSOCIATES 168,372.14 2027387 11/06/2025 PRINTED 104383 HD SUPPLY INC 384.56
2027388 11/06/2025 PRINTED 105502 ADAM HOBBS 15.00
2027389 11/06/2025 PRINTED 100494 IMAGE360 - PALM DESERT 4,417.43 2027390 11/06/2025 PRINTED 101421 IMPRESSION DESIGN GROUP 212.50 2027391 11/06/2025 PRINTED 104298 INTERVISTAS CONSULTING US 75,874.50 2027392 11/06/2025 PRINTED 101364 IT1 SOURCE LLC 3,100.50 2027393 11/06/2025 PRINTED 103751 JOBELEPHANT.COM INC 165.00 2027394 11/06/2025 PRINTED 105172 KAPLAN KIRSCH LLP 1,950.00 2027395 11/06/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 37,456.86 2027396 11/06/2025 PRINTED 105427 LANDMARK CONSULTANTS INC 8,750.00 2027397 11/06/2025 PRINTED 016433 CHLOE MASON 871.20
2027398 11/06/2025 PRINTED 105068 MELTWATER NEWS US IN 13,000.00 2027399 11/06/2025 PRINTED 101798 MIDWEST TAPE INC 3,166.30 2027400 11/06/2025 PRINTED 104922 MAURO P GARCIA 159,198.22 2027401 11/06/2025 PRINTED 016742 AUSTIN MURPHY 383.04
2027402 11/06/2025 PRINTED 101211 NAI CONSULTING 19,502.04 2027403 11/06/2025 PRINTED 016467 KENNETH NELSON 1,146.00 2027404 11/06/2025 PRINTED 104404 NETWORK SERVICES COMPANY 13,164.73 Item 1C - Page 16
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/06/2025 09:59
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027405 11/06/2025 PRINTED 104057 DONNA S NEWTON 1,169.00 2027406 11/06/2025 PRINTED 016749 STEPHANIE NUNEZ-NOLASCO 383.04 2027407 11/06/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 6,447.26 2027408 11/06/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,172.39 2027409 11/06/2025 PRINTED 016580 WAYNE OLSON 2,100.00
2027410 11/06/2025 PRINTED 105470 GLOBAL SPECTRUM LP 80,473.82 2027411 11/06/2025 PRINTED 105333 PACIFIC CASTLE RIMROCK LL 13,862.31 2027412 11/06/2025 PRINTED 105501 MICHAEL PALACIOS 15.00 2027413 11/06/2025 PRINTED 101746 PALM SPRINGS CULTURAL CEN 1,000.00 2027414 11/06/2025 PRINTED 101746 PALM SPRINGS CULTURAL CEN 8,000.00 2027415 11/06/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.78 2027416 11/06/2025 PRINTED 100087 PALM SPRINGS INTERNATIONA 50,000.00 2027417 11/06/2025 PRINTED 100133 PALM SPRINGS MOTORS 216,638.10 2027418 11/06/2025 PRINTED 104363 PAX FITNESS REPAIR LLC 750.00 2027419 11/06/2025 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 3,679.34 2027420 11/06/2025 PRINTED 103521 PLAZA TOWING INC 1,050.00 2027421 11/06/2025 PRINTED 100596 PROPER SOLUTIONS INC 5,403.13 2027422 11/06/2025 PRINTED 103563 PYRO-COMM SYSTEMS INC 530.00 2027423 11/06/2025 PRINTED 101642 QUENCH USA INC 2,258.35 2027424 11/06/2025 PRINTED 101230 R S AND H CALIFORNIA INC 45,098.53 2027425 11/06/2025 PRINTED 015020 DAVID READY 495.13
2027426 11/06/2025 PRINTED 100658 RAP FOUNDATION/SENIOR INS 4,000.00 2027427 11/06/2025 PRINTED 016750 VICTOR REYES 383.04
2027428 11/06/2025 PRINTED 100501 RIVERSIDE COUNTY TREASURE 1,885.74 2027429 11/06/2025 PRINTED 100501 RIVERSIDE COUNTY TREASURE 483.04 2027430 11/06/2025 PRINTED 100453 RIVERSIDE COUNTY SHERIFF 19,800.00 2027431 11/06/2025 PRINTED 100467 SAN BERNARDINO REGIONAL E 1,080.00 2027432 11/06/2025 PRINTED 015690 STEVEN SANDERS 298.38 2027433 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 280.21 2027434 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,811.44 2027435 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,636.48 2027436 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 369.64 2027437 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 469.10 2027438 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 217.27 2027439 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 140.04 2027440 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 47.17 2027441 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 244.17 2027442 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 124.36 2027443 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 149.45 2027444 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,111.79 2027445 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 115.01 2027446 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 9,373.61 2027447 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,665.47 2027448 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 59.37 2027449 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 105,561.47 2027450 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 102.41 2027451 11/06/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 108.17 2027452 11/06/2025 PRINTED 101703 SCI CONSULTING GROUP 30,050.00 2027453 11/06/2025 PRINTED 105503 PIERRE SELMEIER 65.00 2027454 11/06/2025 PRINTED 100435 THE SHREDDERS 122.00
2027455 11/06/2025 PRINTED 103804 WEST AVIATION SERVICES-SA 170,630.00 2027456 11/06/2025 PRINTED 105350 DUANE SMITH 1,659.00
Item 1C - Page 17
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/06/2025 09:59
User: AnaF
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027457 11/06/2025 PRINTED 101822 SO CAL LAND MAINTENANCE I 19,027.19 2027458 11/06/2025 PRINTED 104441 SOUTHSTAR ENGINEERING AND 36,264.00 2027459 11/06/2025 PRINTED 100120 SPOK INC 53.75
2027460 11/06/2025 PRINTED 103901 STEVE P RADOS INC 227,280.22 2027461 11/06/2025 PRINTED 016488 SCOTT STILES 18.00
2027462 11/06/2025 PRINTED 105352 CANYON SOUTH HOA 367.00 2027463 11/06/2025 PRINTED 104184 TK ELEVATOR CORPORATION 5,083.52 2027464 11/06/2025 PRINTED 104308 WS CHIEF CORNERSTONE INC 3,255.00 2027465 11/06/2025 PRINTED 105290 TRIPEPI SMITH AND ASSOCIA 5,653.75 2027466 11/06/2025 PRINTED 105499 TURNERS ATTORNEY SERVICE 275.00 2027467 11/06/2025 PRINTED 100386 U S CUSTOMS SERVICE 5.92 2027468 11/06/2025 PRINTED 104834 UNIFIRST CORPORATION 675.31 2027469 11/06/2025 PRINTED 101329 UPBEAT PARADE PRODUCTIONS 64,064.38 2027470 11/06/2025 PRINTED 016737 JULIO URIBE 813.40
2027471 11/06/2025 PRINTED 100295 US BANK CORPORATE PAYMENT 195,940.89 2027472 11/06/2025 PRINTED 101784 V AND V MANUFACTURING 265.35 2027473 11/06/2025 PRINTED 100200 VALLEY LOCK AND SAFE 3,880.68 2027474 11/06/2025 PRINTED 100066 VALLEY MAIL DELIVERY 5,830.71 2027475 11/06/2025 PRINTED 103893 VALLEY VOICE MEDIA 9,250.00 2027476 11/06/2025 PRINTED 100129 VCA ANIMAL HOSPITALS INC 744.66 2027477 11/06/2025 PRINTED 104034 VERDE FACILITIES SERVICES 144,153.82 2027478 11/06/2025 PRINTED 100144 VERIZON WIRELESS 5,493.60 2027479 11/06/2025 PRINTED 100144 VERIZON WIRELESS 13,816.85 2027480 11/06/2025 PRINTED 100144 VERIZON WIRELESS 3,480.35 2027481 11/06/2025 PRINTED 100144 VERIZON WIRELESS 2,740.25 2027482 11/06/2025 PRINTED 105089 VETERANS HIGH RISK SECURI 49,269.13 2027483 11/06/2025 PRINTED 105486 MARIA VIRGEN 500.00
2027484 11/06/2025 PRINTED 100050 VISION SERVICE PLAN 7,273.64 2027485 11/06/2025 PRINTED 100121 VISIT GREATER PALM SPRING 235,070.92 2027486 11/06/2025 PRINTED 100223 WILLIAMS SCOTSMAN INC 665.27 2027487 11/06/2025 PRINTED 100908 YAMADA SPA MANAGEMENT INC 294.00 187 CHECKS CASH ACCOUNT TOTAL 5,012,165.47 .00
Item 1C - Page 18
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/06/2025 09:59
User: AnaF
Program ID: apchkrcn
UNCLEARED CLEARED
187 CHECKS FINAL TOTAL 5,012,165.47 .00
** END OF REPORT - Generated by Ana Fisher **
Item 1C - Page 19
ATTACHMENT F
AP Check Reconciliation
Register for November 20, 2025
Item 1C - Page 20
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027505 11/20/2025 PRINTED 101208 ABM AVIATION INC 87,635.41 2027506 11/20/2025 PRINTED 100024 ACE PRINTING 952.22
2027507 11/20/2025 PRINTED 104045 ADVEXURE LLC 37,065.94 2027508 11/20/2025 PRINTED 104389 AECOM TECHNICAL SERVICES 16,590.00 2027509 11/20/2025 PRINTED 100403 AETNA 20,033.41
2027510 11/20/2025 PRINTED 105401 AIRLINE DATA INC LLC 10,000.00 2027511 11/20/2025 PRINTED 101286 ALL AMERICAN CLEANING 2,842.22 2027512 11/20/2025 PRINTED 103797 ALLISON MECHANICAL INC 7,129.40 2027513 11/20/2025 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 49,305.70 2027514 11/20/2025 PRINTED 105529 DAMIAN ALMONTE 65.00
2027515 11/20/2025 PRINTED 100755 ALTA LANGUAGE SERVICES IN 492.00 2027516 11/20/2025 PRINTED 103781 AMAZON.COM SALES INC 1,413.10 2027517 11/20/2025 PRINTED 105013 APTAERO INC 3,100.00
2027518 11/20/2025 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2027519 11/20/2025 PRINTED 103528 ARCHITECTURAL RESOURCES G 22,310.52 2027520 11/20/2025 PRINTED 100370 AT&T 313.08
2027521 11/20/2025 PRINTED 100370 AT&T CORP 72,318.85
2027522 11/20/2025 PRINTED 103384 AVIATRIX COMMUNICATIONS 950.00 2027523 11/20/2025 PRINTED 100413 B & H PHOTO 1,725.06
2027524 11/20/2025 PRINTED 105526 CHARLES BENJAMIN 69.00 2027525 11/20/2025 PRINTED 100020 BEST BEST & KRIEGER 659,203.52 2027526 11/20/2025 PRINTED 104559 BIGHORN INSTITUTE 2,500.00 2027527 11/20/2025 PRINTED 100366 BIO TOX LABORATORIES 7,428.00 2027528 11/20/2025 PRINTED 105300 BLUETRITON BRANDS INC 546.29 2027529 11/20/2025 PRINTED 101507 DIMITRIOS HALKIDIS 2,500.00 2027530 11/20/2025 PRINTED 016021 CHAD BROWN 38.00
2027531 11/20/2025 PRINTED 105509 TIMOTHY BUCK 59.00
2027532 11/20/2025 PRINTED 016515 ERICK BURNS 434.01
2027533 11/20/2025 PRINTED 105505 CALIFORNIA PARK & RECREAT 2,964.59 2027534 11/20/2025 PRINTED 101681 CALIFORNIA BARRICADE RENT 1,915.00 2027535 11/20/2025 PRINTED 016293 VICTORIA CARPENTER 7,322.63 2027536 11/20/2025 PRINTED 100112 CDW GOVERNMENT INC 487.46 2027537 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 667.92 2027538 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 1,708.12 2027539 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 170.00 2027540 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2027541 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2027542 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 2,312.30 2027543 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 266.66 2027544 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2027545 11/20/2025 PRINTED 100353 CHARTER COMMUNICATIONS 165.20 2027546 11/20/2025 PRINTED 015345 BRETT CHRISMAN 6,493.74 2027547 11/20/2025 PRINTED 100573 CLEAN ENERGY FUELS 8,471.79 2027548 11/20/2025 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 72,821.41 2027549 11/20/2025 PRINTED 105103 FITNESS REPAIR SHOP INC 992.90 2027550 11/20/2025 PRINTED 104778 COMMONWEALTH BUSINESS BAN 85,147.54 2027551 11/20/2025 PRINTED 105477 CONNOISSEUR MEDIA 1,724.00 2027552 11/20/2025 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 7,452.50 2027553 11/20/2025 PRINTED 100196 COUNTY OF RIVERSIDE 55,376.43 2027554 11/20/2025 PRINTED 105226 COACHELLA VALLEY COMMUNIT 2,500.00 2027555 11/20/2025 PRINTED 104833 TREVOR J DALEY 23,850.00 2027556 11/20/2025 PRINTED 100479 DAP HEALTH INC 20,000.00 Item 1C - Page 21
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027557 11/20/2025 PRINTED 104952 DATASTREAM TECHNOLOGY CON 156,788.36 2027558 11/20/2025 PRINTED 100179 DAVES TOWING SERVICE 460.00 2027559 11/20/2025 PRINTED 105285 DEARK E AND C INC 504,450.00 2027560 11/20/2025 PRINTED 105022 DECALS BY DESIGN INC 5,298.89 2027561 11/20/2025 PRINTED 100265 DELL MARKETING LP 4,046.19 2027562 11/20/2025 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 2,217.98 2027563 11/20/2025 PRINTED 103589 DESERT ARC 90.00
2027564 11/20/2025 PRINTED 101177 DESERT WINDS FREEDOM BAND 5,000.00 2027565 11/20/2025 PRINTED 104551 DEZART PERFORMS 65,000.00 2027566 11/20/2025 PRINTED 104812 DIGITALRADIUS 3,431.25 2027567 11/20/2025 PRINTED 105208 DO THE RIGHT THING GREATE 25,000.00 2027568 11/20/2025 PRINTED 100254 DOKKEN ENGINEERING 14,843.67 2027569 11/20/2025 PRINTED 100393 GERGIS YOUSEF 522.87
2027570 11/20/2025 PRINTED 016722 CHRIS DUARTE 988.40
2027571 11/20/2025 PRINTED 100294 DUDEK 96,854.08
2027572 11/20/2025 PRINTED 016739 TRISTAN DUNCAN 813.40 2027573 11/20/2025 PRINTED 101179 MARIANA DUSPIVA 2,170.00 2027574 11/20/2025 PRINTED 100054 DESERT WATER AGENCY 49,646.06 2027575 11/20/2025 PRINTED 100054 DESERT WATER AGENCY 3,473.93 2027576 11/20/2025 PRINTED 100054 DESERT WATER AGENCY 4,326.19 2027577 11/20/2025 PRINTED 100090 EBSCO 4,360.23
2027578 11/20/2025 PRINTED 104000 ECH TOOLS LLC (MATCO TOOL 3,633.59 2027579 11/20/2025 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 19,135.00 2027580 11/20/2025 PRINTED 100305 EISENHOWER MEDICAL CENTER 3,600.00 2027581 11/20/2025 PRINTED 105426 ELITE INDUSTRIAL CONTROLS 9,685.23 2027582 11/20/2025 PRINTED 104203 EMD CONSTRUCTION INC 4,043.00 2027583 11/20/2025 PRINTED 103549 FERRELLGAS LP 5,024.49 2027584 11/20/2025 PRINTED 101194 FLEX ADVANTAGE 682.50 2027585 11/20/2025 PRINTED 104699 FRASCA AND ASSOCIATES LLC 19,287.50 2027586 11/20/2025 PRINTED 104549 FRIENDS OF THE DESERT MOU 5,000.00 2027587 11/20/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2027588 11/20/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2027589 11/20/2025 PRINTED 100740 FRONTIER COMMUNICATIONS C 871.70 2027590 11/20/2025 PRINTED 101470 GA TECHNICAL SERVICES INC 33,190.15 2027591 11/20/2025 PRINTED 105521 BRANDON GLASS 59.00
2027592 11/20/2025 PRINTED 101231 GLOBAL ACCESS SUPPLY INC 13,447.74 2027593 11/20/2025 PRINTED 105162 GLOBAL BUILDERS INC 108,000.00 2027594 11/20/2025 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 988.40 2027595 11/20/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 109,612.00 2027596 11/20/2025 PRINTED 100480 GREATER PALM SPRINGS ANIM 699.32 2027597 11/20/2025 PRINTED 105535 GREEN ROOM THEATRE COMPAN 3,000.00 2027598 11/20/2025 PRINTED 105382 GROUP CREATIVE SERVICES L 17,500.00 2027599 11/20/2025 PRINTED 016554 DEAN GRUBL 28.56
2027600 11/20/2025 PRINTED 105122 GUIDE DOGS OF THE DESERT 4,000.00 2027601 11/20/2025 PRINTED 101672 GULF CALIFORNIA BROADCAST 1,070.00 2027602 11/20/2025 PRINTED 101343 HARRIS & ASSOCIATES 4,745.00 2027603 11/20/2025 PRINTED 105303 HERITAGE POOL SUPPLY GROU 606.46 2027604 11/20/2025 PRINTED 105525 SAID HERNANDEZ 59.00
2027605 11/20/2025 PRINTED 105222 HI LITE AIRFIELD SERVICES 455,239.22 2027606 11/20/2025 PRINTED 100729 HIRE RIGHT LLC 860.06 2027607 11/20/2025 PRINTED 016732 JASON HODGES 2,985.39 2027608 11/20/2025 PRINTED 103944 COREY IVAN HOLLAND 63,454.49 Item 1C - Page 22
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027609 11/20/2025 PRINTED 100877 WILLIE HOLLAND 7,692.53 2027610 11/20/2025 PRINTED 016478 THOMAS IBARRA 764.40
2027611 11/20/2025 PRINTED 016543 FRANCIS J INGRASSIA 1,355.93 2027612 11/20/2025 PRINTED 100119 INTERACTIVE DESIGN CORPOR 16,140.50 2027613 11/20/2025 PRINTED 104298 INTERVISTAS CONSULTING US 23,233.75 2027614 11/20/2025 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 26,237.00 2027615 11/20/2025 PRINTED 105038 KRAFIX DESIGN INC 2,272.50 2027616 11/20/2025 PRINTED 100127 L N CURTIS AND SONS 44,555.49 2027617 11/20/2025 PRINTED 101713 LESAR DEVELOPMENT CONSULT 6,580.00 2027618 11/20/2025 PRINTED 101768 LEXIPOL LLC 36,600.00 2027619 11/20/2025 PRINTED 103753 LIFE INSURANCE COMPANY OF 53,642.06 2027620 11/20/2025 PRINTED 101309 LNRS DATA SERVICES INC. 2,020.75 2027621 11/20/2025 PRINTED 015121 GREG LYLE 660.00
2027622 11/20/2025 PRINTED 016535 DANA MACALLISTER JR 2,127.54 2027623 11/20/2025 PRINTED 105522 CRISTINA MACIAS 59.00 2027624 11/20/2025 PRINTED 105508 RONALD MART 41.00
2027625 11/20/2025 PRINTED 101513 MARTHA'S VILLAGE AND KITC 322,049.56 2027626 11/20/2025 PRINTED 100074 MATICH CORPORATION 208,144.93 2027627 11/20/2025 PRINTED 101253 MAXIMUM SECURITY ALARM SY 1,412.00 2027628 11/20/2025 PRINTED 101253 PYE BARKER / FIRE PROTECT 26,405.97 2027629 11/20/2025 PRINTED 101003 MCA DIRECT 397.01
2027630 11/20/2025 PRINTED 104365 MEDIWASTE DISPOSAL LLC 225.00 2027631 11/20/2025 PRINTED 104678 MERIDIAN RAPID DEFENSE GR 1,043,327.07 2027632 11/20/2025 PRINTED 105520 STEFAN MISIRACA 59.00 2027633 11/20/2025 PRINTED 104557 MODERN MEN COACHELLA VALL 3,000.00 2027634 11/20/2025 PRINTED 103876 MONOPRICE INC 293.50
2027635 11/20/2025 PRINTED 104922 MAURO P GARCIA 3,813.17 2027636 11/20/2025 PRINTED 016742 AUSTIN MURPHY 383.04
2027637 11/20/2025 PRINTED 105330 DOMINIQUE FRUCHTMAN 1,250.00 2027638 11/20/2025 PRINTED 103465 DESERT AREA CORPORATION 13,265.61 2027639 11/20/2025 PRINTED 015431 DAN NAVA 140.09
2027640 11/20/2025 PRINTED 104404 NETWORK SERVICES COMPANY 17,916.78 2027641 11/20/2025 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2027642 11/20/2025 PRINTED 016749 STEPHANIE NUNEZ-NOLASCO 383.04 2027643 11/20/2025 PRINTED 103572 NV5 INC 2,400.00
2027644 11/20/2025 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,705.33 2027645 11/20/2025 PRINTED 104266 OFRS INC 82,022.68
2027646 11/20/2025 PRINTED 100756 ONE PS 44,601.36
2027647 11/20/2025 PRINTED 101293 OPTERRA ENERGY SERVICES L 268,750.00 2027648 11/20/2025 PRINTED 105470 GLOBAL SPECTRUM LP 289,948.49 2027649 11/20/2025 PRINTED 105519 ANGIE PACO 41.00
2027650 11/20/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2027651 11/20/2025 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,976.74 2027652 11/20/2025 PRINTED 100003 PALM SPRINGS DISPOSAL SER 38,035.01 2027653 11/20/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2027654 11/20/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2027655 11/20/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2027656 11/20/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2027657 11/20/2025 PRINTED 101728 PALM SPRINGS WATER SYSTEM 180.00 2027658 11/20/2025 PRINTED 100671 PALM SPRINGS WOMANS CLUB 33,000.00 2027659 11/20/2025 PRINTED 016288 CRYSTAL PANTOJA 493.30 2027660 11/20/2025 PRINTED 105507 PARKINSONS RESOURCE ORGAN 2,000.00 Item 1C - Page 23
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027661 11/20/2025 PRINTED 104993 DESERT VALLEY RESTORATION 54,813.16 2027662 11/20/2025 PRINTED 105527 EMILY PEARSON 37.00
2027663 11/20/2025 PRINTED 016717 CYNTHIA PECK 1,030.00 2027664 11/20/2025 PRINTED 104440 MARTIN PICHINSON 900.00 2027665 11/20/2025 PRINTED 103562 PLANETBIDS INC 6,810.74 2027666 11/20/2025 PRINTED 105528 PEDRAM POURFARD 59.00 2027667 11/20/2025 PRINTED 104033 POWERDMS INC 13,406.82 2027668 11/20/2025 PRINTED 100596 PROPER SOLUTIONS INC 5,105.09 2027669 11/20/2025 PRINTED 104324 PALM SPRINGS PUBLIC LIBRA 10,000.00 2027670 11/20/2025 PRINTED 100654 PS RESORTS 64,771.94
2027671 11/20/2025 PRINTED 105518 PALM SPRINGS SMALL HOTEL 41,755.27 2027672 11/20/2025 PRINTED 104553 PALM SPRINGS YOUNG PLAYWR 3,000.00 2027673 11/20/2025 PRINTED 100306 QUALITY CODE PUBLISHING 1,945.00 2027674 11/20/2025 PRINTED 101230 R S AND H CALIFORNIA INC 40,013.05 2027675 11/20/2025 PRINTED 100718 RACHEL REEDY DVM 145.92 2027676 11/20/2025 PRINTED 101629 THE RAMSAY GROUP 6,000.00 2027677 11/20/2025 PRINTED 104486 RED HAWK SERVICES INC 6,576.44 2027678 11/20/2025 PRINTED 105524 HENRY KEITH RENTY 69.00 2027679 11/20/2025 PRINTED 016750 VICTOR REYES 383.04
2027680 11/20/2025 PRINTED 105380 RIVCO MECHANICAL SERVICES 29,745.00 2027681 11/20/2025 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 489,225.48 2027682 11/20/2025 PRINTED 100628 RIVERSIDE COUNTY CLERK 156.00 2027683 11/20/2025 PRINTED 100950 COUNTY OF RIVERSIDE 32,029.46 2027684 11/20/2025 PRINTED 105504 JON R ROBERTS 7,500.00 2027685 11/20/2025 PRINTED 105032 RPMAYER AND ASSOCIATES LL 8,029.08 2027686 11/20/2025 PRINTED 104059 SAME DAY EXPRESS LLC 1,345.75 2027687 11/20/2025 PRINTED 016322 MICHELLE SARDINA 69.00 2027688 11/20/2025 PRINTED 101542 SC COMMERCIAL 1,699.07 2027689 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 25.80 2027690 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 41.31 2027691 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,242.56 2027692 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 18,963.49 2027693 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 211.99 2027694 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 33.15 2027695 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 144.69 2027696 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 303.81 2027697 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 694.14 2027698 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 86.95 2027699 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,411.88 2027700 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 456.98 2027701 11/20/2025 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,016.91 2027702 11/20/2025 PRINTED 104407 R & R B INC 3,915.57
2027703 11/20/2025 PRINTED 016460 ANDREW SHADE 360.40
2027704 11/20/2025 PRINTED 105462 SIGNATURE PARTY RENTALS L 5,262.23 2027705 11/20/2025 PRINTED 015517 RONALD SKYBERG 205.00 2027706 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 508.50 2027707 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 960.71 2027708 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 37.80 2027709 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,393.05 2027710 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 20,942.87 2027711 11/20/2025 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29,399.22 2027712 11/20/2025 PRINTED 101677 SOCAL PPE LLC 1,144.94 Item 1C - Page 24
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2027713 11/20/2025 PRINTED 100000 SOUTH COAST AQMD 2,938.78 2027714 11/20/2025 PRINTED 101356 ST FRANCIS ELECTRIC LLC 42,047.70 2027715 11/20/2025 PRINTED 015207 KYLE STJERNE 1,811.94 2027716 11/20/2025 PRINTED 104938 SUNBELT RENTALS INC 12,089.27 2027717 11/20/2025 PRINTED 104878 SVT FLEET LLC 1,711.13 2027718 11/20/2025 PRINTED 103046 TERRACON CONSULTANTS INC 2,040.00 2027719 11/20/2025 PRINTED 105523 JOHN THEISEN 53.00
2027720 11/20/2025 PRINTED 104184 TK ELEVATOR CORPORATION 2,600.04 2027721 11/20/2025 PRINTED 104119 TOOLS FOR TOMORROW INC 4,000.00 2027722 11/20/2025 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 7,000.00 2027723 11/20/2025 PRINTED 101391 TRANSUNION RISK AND ALTER 532.00 2027724 11/20/2025 PRINTED 100301 TRI STAR CONTRACTING INC. 388,083.52 2027725 11/20/2025 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,500.00 2027726 11/20/2025 PRINTED 101384 TYLER TECHNOLOGIES INC 2,273.81 2027727 11/20/2025 PRINTED 100386 U S CUSTOMS SERVICE 4,206.25 2027728 11/20/2025 PRINTED 016737 JULIO URIBE 813.40
2027729 11/20/2025 PRINTED 101784 V AND V MANUFACTURING 392.68 2027730 11/20/2025 PRINTED 100200 VALLEY LOCK AND SAFE 1,758.61 2027731 11/20/2025 PRINTED 100200 VALLEY LOCK AND SAFE 3,012.89 2027732 11/20/2025 PRINTED 100267 VEOLIA WATER NORTH AMERIC 429,341.26 2027733 11/20/2025 PRINTED 104034 VERDE FACILITIES SERVICES 762.17 2027734 11/20/2025 PRINTED 100621 VERIZON BUSINESS 241.14 2027735 11/20/2025 PRINTED 100144 VERIZON WIRELESS 107.23 2027736 11/20/2025 PRINTED 100144 VERIZON WIRELESS 8,656.25 2027737 11/20/2025 PRINTED 100144 VERIZON COMMUNICATIONS IN 5,512.95 2027738 11/20/2025 PRINTED 104950 VETERANS COMMUNICATION SE 24,772.34 2027739 11/20/2025 PRINTED 100121 VISIT GREATER PALM SPRING 40,030.19 2027740 11/20/2025 PRINTED 105063 VIVID ACCENT PAINTING CO 13,415.00 2027741 11/20/2025 PRINTED 101220 WATERLINE TECHNOLOGIES IN 11,435.22 2027742 11/20/2025 PRINTED 100156 WAXIE SANITARY SUPPLY 4,416.46 2027743 11/20/2025 PRINTED 100222 WEST COAST ARBORISTS INC 34,983.00 2027744 11/20/2025 PRINTED 103973 WEX HEALTH INC 2,366.10 2027745 11/20/2025 PRINTED 104635 WOODCLIFF CORPORATION 1,618,774.49 2027746 11/20/2025 PRINTED 016630 DANIEL YACOUBIAN 3,000.00 242 CHECKS CASH ACCOUNT TOTAL 9,413,796.74 .00
Item 1C - Page 25
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 11/20/2025 09:21
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
242 CHECKS FINAL TOTAL 9,413,796.74 .00
** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 26
D. GENERAL FUND, AIRPORT, AND CAPITAL FOR FIRST QUARTER FISCAL YEAR 2025-26 BUDGET UPDATE
RECOMMENDATION:
Receive and File.
Item 1D - Page 1
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 CONSENT CALENDAR
SUBJECT: GENERAL FUND, AIRPORT, AND CAPITAL FOR FIRST QUARTER FISCAL YEAR 2025-26 BUDGET UPDATE
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
Department of Engineering
Department of Aviation
SUMMARY:
This item will provide City Council with an update on General Fund revenues and expenses, Airport Fund revenue and expenses, and Capital for the first quarter of the Fiscal Year 2025-26. This item also provides a first update on the preliminary General Fund Revenues and Expenses for the Fiscal Year 2024-2025.
RECOMMENDATION:
Receive and File.
STAFF ANALYSIS:
GENERAL FUND:
General Fund First Quarter Revenue Highlights
The General Fund ended the first quarter of FY26 (Q1/FY26) with total operating revenues of $13.4 million. This is up by $0.2 million or 1.6% from the first quarter of FY25 (Q1/FY25). While Transient Occupancy Tax (TOT) and Sales & Use Tax are down by 6% combined, Permits, Fines & Fees and Franchise Tax are up by 27% combined.
Item 1D - Page 2
City Council Staff Report
December 10, 2025 -- Page 2
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 1
First quarter FY26 revenue highlights are presented below:
• Transient Occupancy Tax (TOT) on cash basis is down 7% from Q1/FY25.
However, the reconciliation from cash basis to modified accrual for the first quarter indicates TOT is down from Q1 FY25 by a moderate 3.6%.
• Property Tax is paid for the largest portion twice a year (Dec & Apr). Therefore, the first quarter does not show significant activity.
• Sales tax revenue in Q1/FY26 is down 4% from FY25.
• Permits Fines and Fees are up by 13%, mainly due to the increase in the safety charge for Police and Fire to the airport in FY26.
• Utility Users Tax (UUT) continues the slight downward trend and is down 13% from the first quarter of FY25.
• Motor Vehicle in Lieu Tax shows no significant revenue for Q1 of FY26 and FY25, because this tax revenue is mainly received in February and June of each year from the County of Riverside.
• Other Taxes are down by 43%, largely due to the August revenue of the Documentary Transfer Tax received in October instead of September from the County of Riverside in the amount of $63k.
• Franchise Tax is up by 100% from Q1/FY25 due to late quarterly payment in September instead of August of the franchise fee for the quarter ending 6/30/25 YTD Sep YTD Sep YTD Sep Budget Preliminary Actuals
FY26 FY25 FY24 FY26 FY25 FY24
Revenues
Transient Occupancy Tax 3,581 3,867 -7% 4,112 49,106 50,791 50,378 Property Taxes 0 (0) - 3 38,261 37,558 36,090
Sales and Use Taxes 2,201 2,298 -4% 2,154 29,839 30,578 29,905 Permits, Fines, and Fees 3,172 2,805 13% 2,899 16,178 16,242 14,669 Utility Users Tax 1,888 2,026 -7% 2,322 10,905 11,234 13,689 Motor Vehicle In-Lieu Tax 68 0 - 0 8,061 7,904 7,382
Other Taxes 116 202 -43% 264 6,998 7,639 7,747
Miscellaneous Income 889 763 16% 683 4,521 7,211 6,726
Franchise Tax 395 0 - 0 4,363 4,318 4,154
Interest Income 964 1,106 -13% 770 3,833 4,688 3,871
Cannabis Tax 121 121 0% 484 1,038 1,122 2,435
Transfers from Other Funds 0 0 0% 0 0 5,000 0
Total Operating Revenues 13,396 13,188 2% 13,691 173,103 184,284 177,046 Non-Operating Revenues
Grant Revenue 2,274 20 - 6,078 11,819 3,381 17,930
Other Revenue 0 0 - 0 0 3,615 4,636
Total Non-Operating Revenues 2,274 20 - 6,078 11,819 6,997 22,566 Total Revenues 15,670 13,207 19% 19,769 184,923 191,281 199,612 All Amounts in Thousand USD
YTD FY26
vs FY25
Item 1D - Page 3
--1-1 --1-1 -- ,.____ _ _____, I 1 ,____I_____.________,__________ City Council Staff Report
December 10, 2025 -- Page 3
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update from Palm Springs Disposal Services in the amount of $395k. • Interest Income is down by $0.1 million or 13% due to lower fund balances after the payment for the unfunded liability of the CalPERS Safety Plan in June 2025.
General Fund Operating Expense Highlights
The General Fund ended Q1/FY26 with total operating expenses of $34.9 million. This is down by approximately 12%, or $4.7 million, from Q1/FY25. Main reasons are less transfers from the General Fund to other funds, i.e. Fleet Services Fund and Facility Maintenance Fund (-$3.6 million), and less maintenance expense (-$0.9 million).
CHART 1
CHART 2
Item 1D - Page 4
Fleet Maintenance, \ tilities Expense, 2%
Maintenance 3% I / Other Expenses, 7%
Expense, 4%
lnsuranc;~xpense,
1 \
Transfers to Other
Contractual Services,
11%
EXPENSES Ql/FY26
Fleet Maintenance, Utilities Expense, 2%
_
3% ~ I / Other Expenses, 5%
Maintenance
Expense, 6% \
Insurance \
Expense, l%_
Funds, 15%
Contractual Services,
10%
EXPENSES Ql/FY25
Salaries & Benefits,
63%
City Council Staff Report
December 10, 2025 -- Page 4
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 2
All departments close the first quarter reasonably within budget. First quarter variances are largely caused by timing differences for recurring expenses.
Parks & Recreation is over last year’s quarter and Public Works is under, largely due to the transfer of Park Maintenance from Public Works to Parks & Recreation.
PALM SPRINGS INTERNATIONAL AIRPORT
Airport Revenue Highlights
The Palm Springs International Airport (PSP) ended Q1/FY26 with a total revenue of $9.7 million. This is up by $1.4 million or 17% from Q1/FY25, largely due to higher airline revenue.
Total Airline Revenues are up 40% from Q1/FY25, largely due to higher Terminal Airline Space Revenues.
Total Non-Airline Revenues are up 9% from Q1/FY25, largely due to higher Aeronautical Ground Rental and On-Airport Rental Car Revenues.
YTD Sep YTD Sep YTD Sep Budget Preliminary Actuals
FY26 FY25 FY24 FY26 FY25 FY24
Operating Expenses
Admin & Economic Development 1,727 1,586 9% 1,275 8,653 9,629 7,806 Development Services 3,435 3,310 4% 2,813 18,620 15,443 23,100 Fire Department 6,709 6,860 -2% 6,077 29,362 29,491 28,084 General Government 4,495 4,449 1% 3,410 21,237 21,924 19,920 Library 712 711 0% 696 3,291 3,337 3,100
Miscellaneous Expense 0 0 - 0 2,031 1,976 1,642
Parks and Recreation 2,128 1,806 18% 1,482 11,666 8,577 7,384 Police Department 9,970 10,577 -6% 10,320 43,843 47,806 42,933 Public Works 1,686 2,832 -40% 2,391 10,743 13,773 11,956 Tourism and Community Support 1,838 1,589 16% 1,481 8,148 9,364 8,005 Transfers to Other Funds 2,177 5,823 -63% 4,933 8,709 20,060 33,262 Total Operating Expenses 34,877 39,544 -12% 34,878 166,302 181,381 187,191 Non-Operating Expenses
Grant Expense 1,000 837 20% 3,392 11,819 7,349 14,942
Council Set Aside Expense 503 1,579 -68% 130 2,900 4,079 3,177 Other Expense (CalPERS) 0 0 - 0 0 27,979 0
Total Non-Operating Expenses 1,504 2,416 -38% 3,522 14,719 39,407 18,119 Total Expenses 36,381 41,961 -13% 38,401 181,022 220,788 205,309 All Amounts in Thousand USD
YTD FY26
vs FY25
Item 1D - Page 5
--11 I I 1-1---------.!
II l~I ~~
City Council Staff Report
December 10, 2025 -- Page 5
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 3
Airport Expense Highlights
The Airport Operations expenses ended Q1/FY26 with total expenses of $10.3 million.
This is a decrease of $1.0 million or 9% from Q1/FY25, largely due to less transfer from the Airport Fund to the Airport Capital Projects Fund.
All departments close the first quarter reasonably within budget. First quarter variances are largely caused by timing differences for recurring expenses.
YTD Sep YTD Sep YTD Sep Budget Preliminary Actuals
FY26 FY25 FY24 FY26 FY25 FY24
Airline Revenue
Landing Fees 607 556 9% 529 6,995 7,937 5,844
Terminal Airline Space /Joint Use 2,025 1,396 45% 1,074 6,851 6,975 5,662 Gate Per Use Fees 278 208 34% 126 2,266 2,654 1,748
Passenger Loading Bridge Fees 81 41 97% 89 580 560 658
Baggage Handling System Fees 178 70 156% 145 574 421 875 Total Airline Revenue 3,169 2,270 40% 1,963 17,266 18,547 14,787 Non-Airline Revenue
General Aviation 23 41 -43% 18 527 445 407
Non-Aeronautical Ground Rental 155 115 35% 102 671 795 645 Aeronautical Ground Rental 440 327 35% 317 1,372 1,206 1,267 Parking 1,195 1,155 4% 1,218 6,333 6,238 6,417
Airport Use Permits 9 3 187% 3 120 120 111
Non-Airline Terminal Rent Fee 339 516 -34% 54 1,045 1,808 1,032 Non-Airline Terminal Rent F&B 99 0 - 0 1,769 1,282 1,295 Non-Airline Terminal Rent Retail 156 0 - 0 2,395 1,561 1,089 Non-Airline Terminal Concessions 3 2 50% 2 22 23 21
Rental Car - Overflow Parking 2 0 - 0 368 284 240
Advertising 98 127 -22% 1 904 899 626
On Airport Rental Car 3,038 2,809 8% 998 14,666 11,763 12,199 Commercial Services Fees 125 106 18% 96 1,386 1,396 1,299 Ground Transportation Fees 177 129 38% 120 2,148 1,706 1,502 Customs 9 6 38% 10 448 440 448
All Other Revenues 662 664 0% 153 3,099 5,062 4,191
Total Non-Airline Revenue 6,529 5,999 9% 3,092 37,273 35,028 32,787 Total Revenues 9,698 8,269 17% 5,055 54,539 53,574 47,573 All Amounts in Thousand USD
YTD FY26
vs FY25
Item 1D - Page 6
,____ ___ ___. ...___......_________._____._ _ ___.1 ,___I_......_________._ _ ___.
City Council Staff Report
December 10, 2025 -- Page 6
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 4
CAPITAL UPDATE
The City’s Capital funds facilitate the funding of critical projects that both increase the quality of life for the residents and ensure for the critical safety of City infrastructure, as well as ensuring the public can carry out their day-to-day functions throughout.
The City is fortunate to have several special revenue funds which raise funds to be used on capital projects for a variety of purposes. The deployment of these resources has assisted City Staff in making great strides in improving the Parks as well as the roadways throughout the City and will continue to do so for the foreseeable future. Several notable projects funded by these resources are shown on pages 12-15, Attachment A.
These listed projects show the total budget allocated and the actual amount spent as of September 2025 for each project (Project To Date Spend).
GENERAL FUND YEAR END FY24/25 PRELIMINARY RESULTS - UNAUDITED This section provides a first update on the preliminary General Fund Revenues and Expenses. As the audit is still in progress, numbers are subject to change, as significant entries may be outstanding.
The General Fund ended fiscal year 2024-2025 (FY25) with a total operational surplus of $2.9 million. This is up $13 million from fiscal year 2023-2024 (FY24).
The Total Surplus / (Deficit) closed at a deficit of $29.5 million, largely due to a payment for the unfunded liability of the CalPERS Safety Plan in June 2025 ($28 million).
YTD Sep YTD Sep YTD Sep Budget Preliminary Actuals
FY26 FY25 FY24 FY26 FY25 FY24
Operating Expenses
Emergency Disaster 0 0 - 0 0 26 60
Airport Administration 1,376 1,520 -9% 1,075 11,758 12,572 6,362 Airport Information Technology 327 179 83% 73 1,789 846 507 Airport Law Enforcement 824 739 12% 789 3,725 5,405 3,314 Aviation Security 170 68 149% 26 1,787 848 421
Airside Operations 1,243 984 26% 1,047 3,167 5,912 6,141 Airport Rescue - Fire 1,324 1,068 24% 820 5,945 5,550 3,991 Landside Operations 505 244 107% 161 1,454 3,078 2,294
Grounds Maintenance 98 94 5% 79 902 552 449
Terminal Building Operations 1,131 1,387 -18% 995 12,019 9,349 5,604 Passenger Boarding Bridges 17 4 338% 7 89 36 41
Baggage Handling System 80 9 770% 47 1,100 914 520
Control Center Operations 983 1,229 -20% 1,091 5,989 4,878 4,299 U.S. Customs 67 88 -24% 58 516 289 306
Planning & Projects 154 40 284% 12 1,726 277 128
Budget Transfer Out 1,975 3,622 -45% 0 7,898 10,866 615 Total Operating Expenses 10,275 11,275 -9% 6,281 59,865 61,399 35,050 All Amounts in Thousand USD
YTD FY26
vs FY25
Item 1D - Page 7
City Council Staff Report
December 10, 2025 -- Page 7
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update General Fund Revenue Highlights
The General Fund ended FY25 with total revenue of 184.3 million. This is up $7.2 million or 4% from FY24, largely due to higher Transfers from Other Funds (+$5 million), Permit Fines & Fees (+1.6 million), Property Tax (+$1.5 million), Interest Income (+$0.8 million), Sales and Use Tax (+$0.7 million), and Transient Occupancy Tax (+$0.4 million). A portion of these increases were offset by decreases in Utility User Tax (-$2.5 million) and Cannabis Tax (-$1.3 million).
TABLE 5
• Transient Occupancy Tax (TOT) on cash basis is up $0.4 million or 0.8% from FY24. The reconciliation from cash basis to modified accrual for FY25 indicates the TOT is down by a moderate $0.3 million or 0.6%. Since both variances are very close to each other, this indicates that the hospitality industry in Palm Springs remains robust.
• Property Tax is up $1.5 million or 4% from FY24, as a result of higher assessed values of homes.
• Sales and User Tax is up $0.7 million or 2% from FY24, due to higher gross receipts at local businesses.
• Permits, Fines & Fees are up $1.6 million or 11% from FY24, largely due to higher revenues in Code Compliance Inspections (+$0.5 million), Mutual Aid Overtime (+$0.4 million), Special Activities (+$0.3 million), Engineering Plan Check Fees Actuals Preliminary FY25
FY24 FY25 vs. FY24
Revenue
Transient Occupancy Tax 50,378 50,791 413
Property Taxes 36,090 37,558 1,468
Sales and Use Taxes 29,905 30,578 673
Permits, Fines, and Fees 14,669 16,242 1,572
Utility Users Tax 13,689 11,234 (2,454)
Motor Vehicle In-Lieu Tax 7,382 7,904 522
Other Taxes 7,747 7,639 (107)
Miscellaneous Income 6,726 7,211 485
Franchise Tax 4,154 4,318 164
Interest Income 3,871 4,688 817
Cannabis Tax 2,435 1,122 (1,313)
Transfers from Other Funds 0 5,000 5,000
Total Operating Revenue 177,046 184,284 7,238
All Amounts in Thousand USD
Item 1D - Page 8
..,_________._________,I ......__I____.
City Council Staff Report
December 10, 2025 -- Page 8
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update (+$0.2 million), Vacation Rental Permits (+$0.2 million), and Subdivision Fees (+$0.2 million).
• Utility User Tax is down $2.5 million or 18% from FY24 and continues the slight downward trend.
• Motor Vehicle In-Lieu Tax is up $0.5 million or 7% from FY24. This is the DMV vehicle license fees (0.65% of purchase price/value of vehicle), distributed by the State Controller’s Office to the City.
• Franchise Tax is up $0.2 million or 4% from FY24, because of higher gross billings (basis of Franchise Tax Calculation) at Southern California Edison, Palm Springs Disposal Services, SoCal Gas, Charter Communications (Spectrum). • Interest Income is up $0.8 million or 21% from FY24.
• Cannabis Tax is down $1.3 million or 54% from FY24, largely due to the reduction in the tax rate to 5% from 10% starting in the middle of FY24.
General Fund Operating Expense Highlights
The General Fund ended FY25 with total operating expenses of $181.4 million. This is down $5.8 million or 3% from FY24, largely due to reduced transfers from the General Fund to other funds.
TABLE 6
The increased expenses over the previous year are mainly due to the following:
• Salary and Benefit is the largest expense category (59% of total expense in FY25) and are up approximately 10% in FY25 compared to FY24, largely due to the Actuals Preliminary FY25
FY24 FY25 vs. FY24
Expenses
Admin & Economic Development 7,806 9,629 1,823
Development Services 23,100 15,443 (7,657)
Fire Department 28,084 29,491 1,407
General Government 19,920 21,924 2,004
Library 3,100 3,337 238
Miscellaneous Expense 1,642 1,976 334
Parks and Recreation 7,384 8,577 1,193
Police Department 42,933 47,806 4,874
Public Works 11,956 13,773 1,817
Tourism and Community Support 8,005 9,364 1,359
Transfers to Other Funds 33,262 20,060 (13,202)
Total Operating Expenses 187,191 181,381 (5,810)
All Amounts in Thousand USD
Item 1D - Page 9
.....___...._______.I ,____I___.
City Council Staff Report
December 10, 2025 -- Page 9
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update continued hiring of staff in the current fiscal year and scheduled salary increases with staff labor unions.
• Contractual Services is the second largest expense category (18% of total expenses in FY25) and is down by $3.3 million or 10.5% from FY24, largely due to the Navigation Center expenses in FY24 ($7.2 million). • City Admin & Economic Development is up $1.8 million or 23% from FY24, due to overall increased Salaries & Benefits and increased programs and activity in Business Development (+$0.5 million), Capital Outlay expenses for GASB87 Leases FY25 adjustment in Document Management (+$0.5 million), and higher legal expenses (+$0.4 million).
• Development Services is down $7.7 million, largely due to expenses for the Navigation Center in FY24 ($7.2 million – Project completed in 2024). • General Government is up $2 million or 10% from FY24, due to overall increased Salaries & Benefits and higher expenses for computer software for the IT department.
• Police Department is up $4.8 million or 11% from FY24, due to overall increased Salaries & Benefits and increased CalPERS Safety Plan expenses (+$0.8 million), increased loan interest (+$1.1 million) and increased Capital Outlay expenses for GASB87 Leases FY25 adjustment (+$2 million).
• Transfer to Other Funds is down $13.2 million or 40% from FY24, due to transfers in FY24 only for Plaza Theater ($12.5 million).
• Table 7 on the next page depicts the actual Transfer In and Out for FY25.
Item 1D - Page 10
City Council Staff Report
December 10, 2025 -- Page 10
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 7
General Fund Non-Operating Revenue and Expenses Highlights Total Non-Operating ended with a deficit of $32 million, largely due to a payment for the unfunded liability of the CalPERS Safety Plan in June 2025 ($28 million).
FY25 FY25
TRANSFERS TRANSFERS
IN OUT
GENERAL FUND
To Debt Service Fund
Police Building 134,700
Parking Structure 706,250
Opterra 1,301,387
Convention Center 4,663,500
To Motor Vehicle Fund 4,302,250
To Facilities Management Fund 4,051,500
To Housing Sucessor Fund 2,200,000
To Risk Management Fund 2,700,000
From Employee Retirement Benefits 5,000,000
Subtotal General Fund 5,000,000 20,059,587
Employee Retirement Benefits
To General Fund 5,000,000
Motor Vehicle Fund
From General Fund 4,302,250
Facilities Management Fund
From General Fund 4,051,500
Debt Service Fund
From General Fund 6,805,837
Housing Sucessor Fund
From General Fund 2,200,000
Risk Management Fund
From General Fund 2,700,000
Total 25,059,587 25,059,587
All Amounts in USD
Transfers IN & OUT Schedule General Fund - Actuals FY25 Item 1D - Page 11
I
I
City Council Staff Report
December 10, 2025 -- Page 11
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 8
General Fund Balance Development and Reconciliation
The General Fund ended with a total fund balance of $116.4 million. This is down $29.5 million or 20%, due to the substantial downpayment for CalPERS Safety Plan (28 million) in June 2025.
Subsequently the assigned fund balance CalPERS is down by $22 million, combined with an increase of $6 million annual accrual for CalPERS.
The minimum fund balance is maintained for FY25 at 20% of the adopted operating expenses.
The unreserved portion of the Unassigned Fund Balance for FY25 is $57.5 million. This is down $9.3 million, or 14%. Table 9 below illustrates this development in FY25:
TABLE 9
Table 10 on the following page depicts the development and reconciliation of all assigned and unassigned fund balances for the General Fund.
Actuals Preliminary FY25
FY24 FY25 vs. FY24
Non-Operating
Grant Revenue 17,930 3,381 (14,548)
Grants Expense (14,942) (7,349) 7,593
Council Set Aside Expense (3,177) (4,079) (902)
Debt Issuance 4,636 3,615 (1,021)
CalPERS Payment Safety Plan 0 (27,979) (27,979)
Total Non-Operating 4,447 (32,411) (36,858)
All Amounts in Thousand USD
Beginning Fund Balance Unreserved - Remaining 66,706
CalPERS Accrual FY25 (6,000)
Aviation Fuel Tax - now a separate line item in FY25 (1,339) Deficit (w/o Payment Unfunded Liability of CalPERS Safety) (1,527) Increase Min.FundBalance (345)
Increase Cannabis Program (18)
Increase Afford. Housing (24)
Ending Fund Balance Unreserved - Remaining 57,452
Preliminary Numbers All Amounts in Thousand USD
Item 1D - Page 12
______ I _I_
City Council Staff Report
December 10, 2025 -- Page 12
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update TABLE 10
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Foundation: Economic Development.
FISCAL IMPACT:
None.
Actuals Preliminary
FY24 FY25
Fund Balance - General Fund
Beginning Fund Balance 151,625 145,927
Total Revenues 177,046 184,284
Total Expenses 187,191 181,381
Total Non Operating 4,447 (32,411)
Total Surplus/(Defiict) (5,698) (29,507)
Ending Fund Balance 145,927 116,420
Fund Balance Reconciliation
Assigned Fund Balances
Affordable Housing 6,167 6,191
CalPERS 40,250 18,271
Cannabis Program 49 66
Economic Incentive 167 167
Aviation Fuel Tax 1,339
Total Assigned Fund Balance 46,632 26,033
Unassigned Fund Balances
Minimum Fund Balance (20%) 32,589 32,934
Unreserved - Remaining 66,706 57,452
Total Unassigned Fund Balance 99,295 90,387
Total End of Year Fund Balance 145,927 116,420
All Amounts in Thousand USD
Item 1D - Page 13
City Council Staff Report
December 10, 2025 -- Page 13
General Fund, Airport, and Capital for First Quarter FY 2025-26 Budget Update REVIEWED BY:
Director of Finance: Kristopher J. Mooney
City Engineer: Joel Montalvo
Assistant Airport Director: Victoria Carpenter
Executive Director of Aviation: Harry Barrett Jr.
City Manager: Scott Stiles
ATTACHMENTS:
A. Financial Report for General Fund/Airport/Capital – Fiscal Year 2025-26 – YTD September 2025
Item 1D - Page 14
ATTACHMENT A
Financial Report for General
Fund/Airport/Capital - Fiscal
Year 2025-26 - YTD
September 2025
Item 1D - Page 15
Page
Dashboards
General Fund 2
Airport 3
Capital 4
Year End FY25 General Fund
Preliminary Results - Unaudited 5
Executive Summaries
General Fund 6 - 8
Airport 9 - 11
Capital 12 - 15
The purpose of this financial reqport is two-fold:
First , it ensures that the City is consitently monitoring its revenues and expenditures to be able to respond to changes.
Second , these reports continue to increase the transperancy of the City finances and performance.
This report is an unaudited financial statement and the data provided are the most up-to-date information available at the point in time of preparation and compares actuals to the adopted budget and/or the two previous fiscal years.
Most revenues and expenditures do not occur uniformly throughout the year, due to its seasonality or volatility. Therefore one quarter is not simply 25% of the annual budget.
Table of Content
City of Palm Springs
Department of Finance
General Fund / Airport / Capital
Financial Report - Fiscal Year 2025-26
YTD September 2025
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 1 of 15 12/2/202510:56 AM Item 1D - Page 16
Top Three Revenue
Property Taxes paid twice a year (Dec & Apr)
General Fund
FY26 - YTD September 2025
T O T
Budget
$49.1M
YTD
$3.6M
Sales Tax
Budget
$29.8M
YTD
$2.2M
Prop Tax
Budget
$38.3M
YTD
$0.0M
$3.6M $2.2M $0.0M $3.2M
$4.4M
-$22.0M -$3.9M -$2.2M -$1.4M -$1.3M -$1.1M -$2.8M
-$21.5M -$50.0M
-$40.0M
-$30.0M
-$20.0M
-$10.0M
$0.0M
$10.0M
$20.0M
General Fund Revenue and Expense Waterfall - FY26 YTD Sep in million $
Increase
Decrease
Total
$13.4M $13.2M $13.7M
$34.9M
$39.5M
$34.9M
-$21.5M -$26.4M -$21.2M
-$30.0M
-$25.0M
-$20.0M
-$15.0M
-$10.0M
-$5.0M
$0.0M
$0.0M
$5.0M
$10.0M
$15.0M
$20.0M
$25.0M
$30.0M
$35.0M
$40.0M
$45.0M
YTD FY26 YTD FY25 YTD FY24
General Fund Operating Result YTD Sep
in million $
Total Revenue Total Expense Operating Surplus/(Deficit) Salary and Benefits
63%
Contractual Services
12%
Transfer
to Other
Funds
Insurance
4%
Maintenance
Expense
4%
Fleet Maintenance
3%
Other Expenses
8%
Expenses by Category FY26 YTD Sep
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 2 of 15 12/2/202510:56 AM Item 1D - Page 17
- -
- -
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Revenues
A i r p o r t
FY26 - YTD September 2025
Airline
Budget
$17.3M
YTD
$3.2M
Non-Airline
Budget
$37.3M
YTD
$6.5M
$3.0M
$2.0M
$1.2M $0.6M
$2.8M
-$5.1M
-$1.3M -$0.8M
-$0.9M
-$2.2M -$0.6M
Rental Car
Terminal Space
Parking
Landing Fees
Other Revenues
Salaries & …
Contractual …
Materials & …
Repair & …
Other Expenses
Surplus/(Deficit)
-$2.0M
$0.0M
$2.0M
$4.0M
$6.0M
$8.0M
$10.0M
$12.0M
Airport Operations Financial Waterfall - FY26 YTD Sep
in million $
Increase
Decrease
Total
$9.7M
$8.3M
$5.1M
$10.3M $11.3M
$6.3M
-$0.6M
-$3.0M
-$1.2M
-$3.5M
-$3.0M
-$2.5M
-$2.0M
-$1.5M
-$1.0M
-$0.5M
$0.0M
$0.0M
$2.0M
$4.0M
$6.0M
$8.0M
$10.0M
$12.0M
YTD FY26 YTD FY25 YTD FY24
Airport Operating Results YTD Sep
in million $
Total Revenue Total Expense Operating Surplus/(Deficit) Total
Passengers
FY26 (YoY Growth %)
July
125k
+11%
August
123k
+4%
September
153k
+7%
Salaries &
Benefits
49%
Contractual
Services
13%
Materials &
Supplies
7%
Repair &
Maintenance
9%
Other Expenses
22%
EXPENSES BY CATEGORY FY26 YTD SEP
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 3 of 15 12/2/202510:56 AM Item 1D - Page 18
EJ
E)
D
-
--
- -
■
-- ■ - ■ • --
C a p i t a l
FY26 - YTD September 2025
Above illustrated represent Project -To-Date Spent and Project -To-Date Budget Capital
Budget
$207.5M
Spent
$37.8M
Measure J
Budget
$39.4M
Spent
$8.6M
Airport CIP
Budget
$105.9M
Spent
$3.2M
Bridges, $34.0M
Roads, Maint.
& Traffic,
$8.0M
Library & Swim
Center, $2.7M Airport, $3.2M
Project Spending Current Projects LTD
(in million $)
Bridges Roads, Maint. & Traffic Library & Swim Center Airport $0.0M $20.0M $40.0M $60.0M $80.0M $100.0M $120.0M $140.0M Bridges
Roads, Maint. & Traffic
Library & Swim Center
Airport
Def.Maint.
Parks
Fleet Vehicles
Current Project Categories - Spent vs. Remaining
(in million $)
Spent Remaining
Def.Maint.
Budget
$7.7M
Spent
$0M
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 4 of 15 12/2/202510:56 AM Item 1D - Page 19
■
I
-
-
■ ■ ■
■ ■
City of Palm Springs
Department of Finance
General Fund
Year End FY24/25
Preliminary Results - Unaudited
The FY25 Audit is currently in progress; significant entries may still be outstanding; FY25 preliminary numbers are subject to change
Financial Report - General Fund - Airport - Capital FY26 YTD September 12/2/202510:58 AM Item 1D - Page 20
Description FY 22-23
Actuals
FY 23-24
Actuals
FY 24-25
Forecast
FY 24-25
Preliminary
FY 25-26
Budgeted
FY 26-27
Budgeted
Revenue
Transient Occupancy Tax $ 53,002,407 $ 50,377,986 $ 48,990,196 $ 50,790,787 $ 49,105,600 $ 49,586,656 TOT Property Taxes 32,492,905 36,089,876 37,651,390 37,557,888 38,261,300 38,643,913 PT Sales and Use Taxes 33,170,143 29,905,257 29,037,700 30,578,248 29,839,008 30,167,739 ST Permits, Fines, and Fees 14,221,192 14,669,467 15,353,204 16,241,687 16,178,076 16,677,831 PFF Utility Users Tax 14,988,973 13,688,713 10,686,817 11,234,404 10,904,900 11,023,949 UT Motor Vehicle In-Lieu Tax 6,739,528 7,382,166 7,795,932 7,903,706 8,060,800 8,131,408 MV Other Taxes 7,168,911 7,746,812 7,406,259 7,639,324 6,998,080 7,067,900 OT Miscellaneous Income 2,741,211 6,726,271 4,689,038 7,211,096 4,521,205 4,552,595 MI Franchise Tax 4,571,990 4,153,894 4,769,609 4,317,663 4,362,900 4,406,529 FT Interest Income 2,095,940 3,870,964 3,751,433 4,688,017 3,833,400 3,871,734 II Cannabis Tax 3,188,249 2,434,504 1,127,412 1,121,531 1,038,100 1,053,481 CT Total Revenue $ 174,381,449 $ 177,045,910 $ 171,258,990 $ 179,284,351 $ 173,103,369 $ 175,183,735 Transfers from Other Funds 1,000,000 5,000,000 5,000,000 0 0 Total Revenue & Transfers $ 175,381,449 $ 177,045,910 $ 176,258,990 $ 184,284,351 $ 173,103,369 $ 175,183,735 Expenses
Admin & Economic Development $ 5,964,302 $ 7,805,983 $ 9,125,918 $ 9,628,818 $ 8,653,447 $ 9,085,631 Development Services 12,293,298 23,100,050 15,647,809 15,442,561 18,619,906 22,124,891 Fire Department 24,732,998 28,083,846 29,627,721 29,491,327 29,362,255 30,003,859 General Government 17,248,814 19,919,645 21,637,297 21,923,983 21,237,387 21,971,410 Library 2,947,669 3,099,794 3,260,030 3,337,376 3,290,842 3,348,020 Miscellaneous Expense 1,662,906 1,641,692 1,912,858 1,976,136 2,030,617 1,746,907 Parks and Recreation 6,182,388 7,384,132 8,463,681 8,577,170 11,666,021 12,016,068 Police Department 41,271,130 42,932,652 43,786,215 47,806,374 43,842,999 46,861,918 Public Works 10,314,482 11,956,016 14,871,544 13,773,378 10,742,797 10,435,969 Tourism and Community Support 8,515,675 8,005,178 9,167,576 9,363,812 8,147,587 8,564,565 Total Expenses $ 131,133,660 $ 153,928,986 $ 157,500,649 $ 161,320,936 $ 157,593,858 $ 166,159,238 Transfers to Other Funds 30,506,359 33,261,523 15,159,587 20,059,587 8,708,567 8,866,465 Total Expense & Transfers $ 161,640,019 $ 187,190,509 $ 172,660,236 $ 181,380,523 $ 166,302,425 $ 175,025,703 Total Operating Surplus/(Deficit) 13,741,430 -10,144,599 3,598,754 2,903,827 6,800,944 158,032 Grant Revenue $ 17,913,516 $ 17,929,542 $ 10,529,687 $ 3,381,464 $ 11,819,172 $ 2,832,283 Grants Expense (6,563,625) (14,942,182) (10,529,687) (7,348,849) (11,819,172) (2,832,283) Council Set Aside Expense (4,029,415) (3,176,617) (6,130,788) (4,078,913) (2,900,000) 0 Debt Issuance 425,787 4,636,182 0 3,615,075 0 0
CalPERS Payment Safety Plan 0 0 (28,500,000) (27,979,480) 0 0 Non-operating Total $ 7,746,263 $ 4,446,925 ($ 34,630,788) ($ 32,410,704) ($ 2,900,000) $ 0 Total Surplus/(Deficit) $ 21,487,693 ($ 5,697,674) ($ 31,032,034) ($ 29,506,876) $ 3,900,944 $ 158,032 Fund Balances
Beginning of year $ 130,136,954 $ 151,624,646 $ 145,926,972 $ 145,926,972 $ 114,894,938 $ 118,795,882 End of Year Balance $ 151,624,646 $ 145,926,972 $ 114,894,938 $ 116,420,096 $ 118,795,882 $ 118,953,914 End of Year Fund Balance Reconciliation
Assigned Fund Balance
Reserve for Affordable Housing 6,166,762 9,166,762 6,191,068 9,191,068 12,191,068 Reserve for CALPERS 34,250,000 40,250,000 17,750,000 18,270,520 19,270,520 20,270,520 Reserve for Cannabis Programs 48,538 70,917 66,153 86,915 107,985 Reserve for Economic Incentive 166,667 166,667 166,667 166,667 166,667 166,667 Reserve for Aviation Fuel Tax - - - 1,339,063 1,514,063 1,689,063 Total Assigned $ 34,416,667 $ 46,631,967 $ 27,154,346 $ 26,033,471 $ 30,229,233 $ 34,425,302 Unassigned Fund Balance
Minimum Fund Balance (20%) 32,589,131 32,934,476 32,934,476 31,518,772 33,231,848 Unreserved - Remaining 117,207,979 66,705,874 54,806,116 57,452,149 57,047,877 51,296,763 Total Unassigned $ 117,207,979 $ 99,295,005 $ 87,740,592 $ 90,386,625 $ 88,566,649 $ 84,528,611 Total End of Year Fund Balance $ 151,624,646 $ 145,926,972 $ 114,894,938 $ 116,420,096 $ 118,795,882 $ 118,953,914
EXECUTIVE SUMMARY
General Fund - Preliminary Results FY25
(The FY25 Audit is currently in progress; significant entries may still be outstanding; FY25 preliminary numbers are subject to change) Financial Report - General Fund - Airport - Capital FY26 YTD September Page 5 of 15 12/2/202510:56 AM Item 1D - Page 21
City of Palm Springs
Department of Finance
General Fund
Executive Management Summary Report
FY25/26 YTD September
Financial Report - General Fund - Airport - Capital FY26 YTD September 12/2/202510:58 AM Item 1D - Page 22
Actuals Actuals Actuals Budget Preliminary Actuals
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep FY26 FY25 FY24
Revenues:
Transient Occupancy Tax 3,580,973 3,866,829 -7% 4,111,908 49,105,600 50,790,787 50,377,986 Property Taxes 333 - (0) 2,767 38,261,300 37,557,888 36,089,876 Sales and Use Taxes 2,201,240 2,297,965 -4% 2,153,737 29,839,008 30,578,248 29,905,257 Permits, Fines, and Fees 3,172,111 2,804,632 13% 2,899,228 16,178,076 16,241,687 14,669,467 Utility Users Tax 1,888,434 2,026,410 -7% 2,321,622 10,904,900 11,234,404 13,688,713 Motor Vehicle In-Lieu Tax 67,528 - - - 8,060,800 7,903,706 7,382,166 Other Taxes 116,271 -43% 264,395 202,240 6,998,080 7,639,324 7,746,812 Miscellaneous Income 889,088 16% 683,058 763,241 4,521,205 7,211,096 6,726,271 Franchise Tax 395,420 - - - 4,362,900 4,317,663 4,153,894 Interest Income 963,620 1,105,546 -13% 769,953 3,833,400 4,688,017 3,870,964 Cannabis Tax 120,875 0% 484,261 120,794 1,038,100 1,121,531 2,434,504 Transfers From Other Funds - - - 5,000,000 - -
Total Revenues 13,395,893 13,187,658 2% 13,690,929 173,103,369 184,284,351 177,045,909 Non-Operting Revenues
Grant Revenues 2,273,761 - 6,077,667 19,773 11,819,172 3,381,464 17,929,542 Other - - - - 3,615,075 - 4,636,182
Total Non-Operating Revenues 2,273,761 - 6,077,667 19,773 11,819,172 6,996,539 22,565,724 Total Revenues 15,669,655 13,207,431 19% 19,768,596 184,922,541 191,280,889 199,611,633 - -
Revenue Remarks:
Other Taxes include:
Misc. Income include:
Franchise Tax paid once a year in April (SCE & SoCal Gas) and quarterly by PSDS & Charter Comm.
Grant Revenues in FY24 YTD Aug is mainly for Navigation Center and Cannabis Grant Net Ab 1x26, Cra Pass Thru City of PS, Rpttf, Cannabis Tax - Meas E, Parking Tax, TOT Audit Recovery, Document Transfer Tax, New Development Tax, Cannabis Odor Recovery
Admin Service Charges, Interest Income-Fiscal Agent, Unrealized Gain or Loss, Realized Gain or Loss, Penalty/Interest Deliq Taxes, Contrib Non-Govt Sources, Legal Fee-Reimbursement, Misc. Revenue, Cashier Over, Damage Recovery, Settlement Revenue, Cares Act Funds, 911 Emergency Response Fee, Contributions-Non Govt, Unrestricted Donations, Restricted Donations, Rent-Master Lease, Sale Real or Personal Property, Reimbursements TOT on cash basis closes lower than previous YTD periods (-7%), however on accrual basis it closes 5% below FY25 (Jul-Aug)
EXECUTIVE SUMMARY
General Fund - FY 2025-26 YTD September
(Unaudited numbers and subject to change)
Property Taxes paid twice a year (Dec & Apr).
Sales and Use Tax paid two months after end of month.
Motor Vehicle In-Lieu Tax paid in Feb and Jun each year YTD
FY26
vs
FY25
(0.5)
-
0.5 1.0
1.5 2.0
2.5 3.0
3.5 4.0
4.5 General Fund Revenue 3 Year Trend YTD Sep
(in million $)
FY26 FY25 FY24
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 6 of 15 12/2/202510:56 AM Item 1D - Page 23
II --· Ill I 111 --
■ ■ ■
Actuals Actuals Actuals Budget Preliminary Actuals
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep FY26 FY25 FY24
Expenses by Department:
Admin & Economic Development 1,726,736 1,586,492 9% 1,275,047 8,653,447 9,628,818 7,805,983 Development Services 3,434,794 3,310,491 4% 2,813,047 18,619,906 15,442,561 23,100,050 Fire Department 6,708,827 6,859,534 -2% 6,077,461 29,362,255 29,491,327 28,083,846 General Government 4,495,311 4,449,484 1% 3,409,611 21,237,387 21,923,983 19,919,645 Library 712,130 0% 696,469 711,094 3,290,842 3,337,376 3,099,794 Miscellaneous Expense - - - 2,030,617 - 1,976,136 1,641,692 Parks and Recreation 2,128,496 1,806,277 18% 1,481,694 11,666,021 8,577,170 7,384,132 Police Department 9,970,242 10,577,252 -6% 10,319,991 43,842,999 47,806,374 42,932,652 Public Works 1,686,097 2,831,709 -40% 2,391,052 10,742,797 13,773,378 11,956,016 Tourism and Community Support 1,837,693 1,588,514 16% 1,480,995 8,147,587 9,363,812 8,005,178 Transfers to Other Funds 2,177,142 5,823,197 -63% 4,932,970 8,708,567 20,059,587 33,261,523 Total Operating Expenses 34,877,469 39,544,044 -12% 34,878,337 166,302,425 181,380,523 187,190,509 Non-Operting Expenses
Grant Expense 1,000,361 20% 3,392,232 837,114 11,819,172 7,348,849 14,942,182 Council Set Aside 503,389 1,579,376 -68% 130,179 2,900,000 4,078,913 3,176,617 CalPERS Payment Safety Plan - - - 27,979,480 - -
Total Non-Operating Expense 1,503,750 2,416,490 -38% 3,522,411 14,719,172 39,407,242 18,118,799 Total Surplus/(Deficit) (20,711,565) (28,753,102) -28% (18,632,152) 3,900,944 (29,506,876) (5,697,674)
EXECUTIVE SUMMARY
General Fund - FY 2025-26 YTD September
YTD
FY26
vs
FY25
(Unaudited numbers and subject to change)
Admin & Economic Dev.,
$1.7M
Library,
$0.7M
Parks and Recs, $2.1M
Public Works, $1.7M
Tourism and Community
Support, $1.8M
Transfers to Other
Develop. Services, $3.4M Funds, $2.2M
Fire Department, $6.7M
General Government, $4.5M
Police Department,
$10.0M
Expenses by Department FY26 YTD Sep (in million $)
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 7 of 15 12/2/202510:56 AM Item 1D - Page 24
Actuals Actuals Actuals Budget Actuals Actuals
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep FY26 FY25 FY24
Expenses by Category
Salaries & Benefits 22,031,497 22,232,759 -1% 19,635,300 98,339,875 98,082,512 89,540,047 Contractual Services 3,938,364 4,005,058 -2% 3,177,938 23,253,847 21,367,423 25,602,094 Transfers to Other Funds 2,177,142 5,823,197 -63% 4,932,970 8,708,567 20,059,587 33,261,523 Insurance Expense 1,442,997 1,185,152 22% 1,034,954 5,751,923 4,746,107 4,140,465 Maintenance Expense 1,330,245 2,306,594 -42% 2,078,195 5,467,036 8,997,953 8,430,743 Fleet Maintenance 1,119,135 1,293,494 -13% 1,250,750 4,441,972 5,174,177 5,002,603 Utilities Expense 558,009 -22% 626,152 710,975 3,430,102 4,049,948 3,137,446 Special Programs 310,010 -11% 296,741 347,863 2,846,361 1,942,537 2,498,996 Loan Principal & Interest 162,217 - - 2,215,828 - 4,324,260 2,724,564 Computer Software 797,652 6% 541,661 750,309 2,124,973 1,039,048 740,900 Materials and Supplies 345,482 31% 385,444 263,666 1,762,097 1,956,764 1,808,111 Improv., Furniture and Equip. 8,596 -92% 422,879 102,658 1,599,093 501,873 928,092 Employee Develop. & Travel 170,375 -19% 195,328 210,374 1,282,863 907,605 877,507 Other 485,748 56% 300,025 310,451 5,077,891 8,230,729 8,497,418 Total Operating Expenses 34,877,469 39,542,551 -12% 34,878,337 166,302,425 181,380,523 187,190,509 - (1,493) -
Grants Expense 1,000,361 20% 3,392,232 837,114 11,819,172 7,348,849 14,942,182 Council Set Aside 503,389 1,579,376 -68% 130,179 2,900,000 4,078,913 3,176,617 CalPERS Payment Safety Plan - - - - 27,979,480 -
Total Expenses 36,381,219 41,959,041 -13% 38,400,748 181,021,597 220,787,765 205,309,307 YTD
FY26
vs
FY25
(Unaudited numbers and subject to change)
EXECUTIVE SUMMARY
General Fund - FY 2025-26 YTD September
Salary and Benefits
63%
Contractual Services
12%
Transfer to
Other
Funds
6%
Insurance
4%
Maintenance Expense
4%
Fleet Maintenance
3% Other Expenses
8%
General Fund Expenses by Category FY26 YTD Sep
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 8 of 15 12/2/202510:56 AM Item 1D - Page 25
City of Palm Springs
Department of Finance
Airport
Executive Management Summary Report
FY25/26 YTD September
Financial Report - General Fund - Airport - Capital FY26 YTD September 12/2/202510:58 AM Item 1D - Page 26
Actuals Actuals Actuals Budget Actuals Actuals
FY26 YTD Sep FY25 YTD Sep FY 24 YTD Sep FY26 FY25 FY24
Airport Operations & Maintenance
Airline Revenues
Landing Fees 607,106 555,527 9% 528,889 6,994,958 7,936,949 5,843,864 Terminal Airline Space /Joint Use 2,024,746 1,396,022 45% 1,073,562 6,851,243 6,975,147 5,661,953 Gate Per Use Fees 277,750 207,571 34% 126,428 2,265,677 2,653,875 1,748,041 Passenger Loading Bridge Fees 80,589 40,927 97% 88,852 580,091 560,021 657,807 Baggage Handling System Fees 178,483 69,799 156% 144,983 573,558 420,741 874,909 Total Airline Revenues 3,168,675 2,269,845 40% 1,962,715 17,265,527 18,546,733 14,786,574 Non-Airline Revenues
General Aviation 23,359 40,756 -43% 17,818 527,400 445,016 407,097 Non-Aeronautical Ground Rental 154,819 114,772 35% 102,480 670,980 795,489 644,870 Aeronautical Ground Rental 439,822 326,866 35% 316,933 1,372,284 1,206,030 1,266,565 Parking 1,195,398 1,154,653 4% 1,218,152 6,332,898 6,238,366 6,416,507 Airport Use Permits 9,023 3,142 187% 3,183 120,000 119,786 110,701 Non-Airline Terminal Rent Fee 338,687 516,153 -34% 53,714 1,045,281 1,808,045 1,031,575 Non-Airline Terminal Rent F&B 98,805 - - - 1,769,472 1,281,732 1,294,775 Non-Airline Terminal Rent Retail 155,961 - - - 2,394,660 1,561,197 1,088,979 Non-Airline Terminal Concessions 2,545 1,702 50% 1,626 21,835 22,824 20,617 Rental Car - Overflow Parking 1,584 - - - 368,085 284,268 240,157 Advertising 98,495 126,804 -22% 1,314 904,305 898,657 625,805 On Airport Rental Car 3,038,124 2,809,167 8% 997,672 14,665,829 11,762,548 12,198,791 Commercial Services Fees 124,586 105,659 18% 95,760 1,385,796 1,395,991 1,298,680 Ground Transportation Fees 177,217 128,534 38% 120,267 2,147,531 1,705,861 1,502,444 Customs 8,944 6,463 38% 9,728 448,233 440,119 448,095
All Other Revenues 661,773 664,348 0% 153,402 3,098,641 5,061,817 4,191,138 Total Non-Airline Revenues 6,529,142 5,999,021 9% 3,092,051 37,273,231 35,027,746 32,786,795 Total Revenues 9,697,817 8,268,866 17% 5,054,765 54,538,758 53,574,479 47,573,370
EXECUTIVE SUMMARY
Airport - FY 2025-26 YTD September
(Unaudited numbers and subject to change)
YTD
FY26
vs
FY25
$0.0M
$1.0M
$2.0M
$3.0M
$4.0M
$5.0M
$6.0M
Landing Fees Terminal Airline
Space /Joint
Use
Gate Per Use
Fees
Other Airline
Revenue
Aeronautical
Ground Rental
Parking Non-Airline
Terminal Rent
On Airport
Rental Car
Commercial
Services Fees
Ground
Transportation
Fees
Other NonAirline
Revenues
PSP Revenue Trend YTD Sep FY26 - FY24
in million $
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 9 of 15 12/2/202510:56 AM Item 1D - Page 27 Ill 111
·-·
••• Ill
II_
I __ _ __ II .
■ ■ ■
Actuals Actuals Actuals Budget Actuals Actuals
FY26 YTD Sep FY25 YTD Sep FY 24 YTD Sep FY26 FY25 FY24
Airport Operations & Maintenance
Operating Expenditures
Emergency Disaster - - - - - 26,403 59,601
Airport Administration 1,376,143 1,519,797 -9% 1,075,262 11,758,402 12,572,474 6,362,275 Airport Information Technology 327,305 178,828 83% 73,387 1,789,305 846,354 506,902 Airport Law Enforcement 824,336 738,918 12% 788,919 3,725,167 5,404,694 3,313,876 Aviation Security 169,879 68,267 149% 26,176 1,787,000 848,487 420,858 Airside Operations 1,243,272 983,985 26% 1,046,984 3,167,000 5,911,705 6,140,976 Airport Rescue - Fire 1,324,319 1,067,759 24% 820,004 5,945,225 5,549,866 3,990,568 Landside Operations 504,585 244,014 107% 161,483 1,454,219 3,078,385 2,293,956 Grounds Maintenance 98,425 93,667 5% 79,000 901,571 551,621 448,777 Terminal Building Operations 1,131,201 1,386,752 -18% 994,823 12,018,606 9,349,056 5,603,549 Passenger Boarding Bridges 17,165 3,918 338% 7,406 88,630 35,705 40,985 Baggage Handling System 79,693 9,162 770% 46,570 1,100,205 914,270 519,611 Control Center Operations 983,304 1,229,472 -20% 1,090,578 5,989,139 4,877,512 4,299,376 U.S. Customs 67,087 88,091 -24% 57,658 516,428 288,835 305,513 Planning & Projects 154,126 40,162 284% 12,359 1,725,607 277,405 128,075 Budget Transfer Out 1,974,574 3,622,000 -45% 7,898,295 - 10,866,000 615,000 Total Operating Expenses 10,275,413 11,274,792 -9% 6,280,609 59,864,799 61,398,772 35,049,897 - - -
Operating Surplus/(Deficit) (577,595) (3,005,926) -81% (1,225,844) (5,326,041) (7,824,293) 12,523,472
EXECUTIVE SUMMARY
Airport - FY 2025-26 YTD September
(Unaudited numbers and subject to change)
YTD
FY26
vs
FY25
Salaries & Benefits
49%
Contractual Services
13%
Materials &
Supplies
7%
Repair &
Maintenance
9%
Other Expenses
22%
Expenses by Category FY26 YTD Sep
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 10 of 15 12/2/202510:56 AM Item 1D - Page 28
Airport - Other Highlights
July Passenger 11% increase over 2024
August Passenger 4% increase over 2024
September Passenger 7% increase over 2024
FY26 FCST
November 28,108
December 31,056
January 31,164
February 29,864
4 Months Total 120,192
Based on 10/6/25 schedule data of Canadian based airlines; subject to change.
Santa Rosa on Alaska Oct - Apr 5x/week
Austin on Southwest and Delta Mar - May Weekend only
Charlotte on American Dec - Apr Saturdays
33,513
33,142
36,029
134,208
PSP Air Service Announcements:
EXECUTIVE SUMMARY
Airport - FY 2025-26 YTD September
(Unaudited numbers and subject to change)
Customer & Passenger Facility Charges
FY24 Act.
27,850
29,119
29,887
FY25 Act.
31,524
30,411
117,267
Canadian Arriving Seats
355
387
493
407
249
140 125 123
153
337
383
473
382
246
132 113 118 143
259
308
339
-
100
200
300
400
500
600
January February March April May June July August September October November December PSP Total Passenger 2025 vs 2024 (in 000's)
2025 2024
171
836
584
268 - -
-
100
200
300
400
500
600
700
800
900
1,000
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep
Customer Facility Charges - FY26-FY24 YTD Sep
in $000's
Revenue Expenses
971
591 563
(50)
5 1
(50)
50 150
250
350
450
550
650
750
850
950
FY26 YTD Sep FY25 YTD Sep FY24 YTD Sep
Passenger Facility Charges - FY26-FY24 YTD Sep
in $000's
Revenue Expenses
Nominated for Best
Resort Airportg
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 11 of 15 12/2/202510:56 AM Item 1D - Page 29
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City of Palm Springs
Department of Finance
Capital
Executive Management Summary Report
FY25/26 YTD September
Financial Report - General Fund - Airport - Capital FY26 YTD September 12/2/202510:58 AM Item 1D - Page 30
Project Description
Budget
Through
FY2025
FY2026
Budget Total Budget
Project to
Date Spend % Complete Fund Sources
19-24 & 21-16 Demuth Dog Park 2,094,348 1,545,828 3,640,176 - 0% Measure J Paving Annual paving Rehabilitation 5,832,885 6,000,000 11,832,885 7,992,416 68% Measure J 18-10 Portable Vehicle Barricade System 500,000 941,375 1,441,375 - 0% Measure J 22-21 Pedestrian Streets Master Plan 1,335,141 750,000 2,085,141 - 0% Measure J 19-25 Life Safety Imprv Fire Sprklr 1,900,000 - 1,900,000 - 0% Measure J New In ground Pedestrian System Replacement - 2,000,000 2,000,000 - 0% Measure J New Convention Center Design - 4,455,000 4,455,000 - 0% Measure J 23-51 Mizell Center Solar Canopies 500,000 - 500,000 - 0% Measure J - CIP New
Palm Springs Stadium Deferred Maintenance
841,000 - 841,000 - 0% Measure J - CIP
19-16 PD911 CAD RMS 2,700,027 - 2,700,027 558,020 21% Measure J New Fire Station #1 Design - 3,000,000 3,000,000 - 0% Measure J 19-26 Emergency Genertators CityFac 1,977,500 - 1,977,500 - 0% Measure J 20-04 Sunrise Plaza HVAC Improvements 1,746,500 - 1,746,500 - 0% Measure J PWF26-1 1 Fire Truck (Pumper) - 1,230,728 1,230,728 - 0% Measure J Total 19,427,401 19,922,931 39,350,332 8,550,436 22%
Status
Expect bid 2026, expected completion
late 2027
Ongoing annual project
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2027
Expect to complete FY2026
Expect to complete FY2026
Expect to complete FY2026
EXECUTIVE SUMMARY
Measure J
Capital Projects - FY 25-26 First Quarter
(Unaudited numbers and subject to change)
Expect to complete FY2026
5386.6758
17359.40084
8332.5
4041.02732
3000
1230.728
0 7992.416
0 558.01957
0 0
0 2000
4000
6000
8000
10000
12000
14000
16000
18000
20000
Parks & Recreation Roads, Maintenance &
Traffic
Citywide & Cogen Community Initiated
Projects
Fire Station Vehicles
Measure J Project by Category
(in $ thousands)
Budget to Date Project to Date Spend
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 12 of 15 12/2/202510:56 AM Item 1D - Page 31
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Project Description
Budget
Through
FY2025
FY2026
Budget Total Budget
Project to
Date Spend % Complete Fund Sources
01-11 Indian Union Pacific RR Bridge 59,784,356 500,000 60,284,356 25,166,610 42% Capital/Measure
A/WWTP
08-25 Ramon Road Bridge 33,348,036 10,500,000 43,848,036 4,110,955 9% Capital/Measure A 12-02 S Palm Canyon Tahquitz Creek Bridge 14,888,386 200,000 15,088,386 3,636,016 24% Capital/Measure A 12-04 EPC Palm Canyon Wash Bridge 9,813,936 2,150,000 11,963,936 1,083,073 9% Capital/Measure A 16-08 Main Library Renovations 15,120,100 27,479,685 42,599,785 2,670,227 6% Capital/Measure
J/Bond
25-06 New Swim Center - 7,000,000 7,000,000 - 0% Measure J/Bond 18-14 Gene Autry Wind Wall 2,680,694 600,000 3,280,694 738,884 23% Capital/Measure A 22-24 Pickleball Courts 6,050,000 - 6,050,000 381,689 6% Quimby, Measure J 25-09 New WWTP Scada Improvements - 4,350,000 4,350,000 - 0% Wastewater
Treatment Plant
25-10 New WWTP Upgrade Lift Stations - 5,800,000 5,800,000 - 0% Wastewater
Treatment Plant
25-11 New WWTP Digester No. 1 Replacement - 7,250,000 7,250,000 - 0% Wastewater
Treatment Plant
Total 141,685,509 65,829,685 207,515,194 37,787,454 18% Construction to begin 2026, completion
late 2027
Construction to begin 2026, completion
EXECUTIVE SUMMARY
Engineering Projects
Capital Projects - FY 25-26 First Quarter
(Unaudited numbers and subject to change)
Status
Under Construction, expected
completion late 2027
Completing Right of Way Phase, expect
Under Construction, expected
Right of way Design 2026, construction
Under design 2026, expected
construction to begin 2027
Under design 2026, expected
construction to begin 2027
Construction to begin 2026, completion
Expect bid 2026, expected completion
Under design 2026, expected
construction to begin 2027
131184.7144
49599.785
3280.69443 6050
17400
33996.6541
2670.22703 738.88439 381.68883 0 0
20000
40000
60000
80000
100000
120000
140000
Roads & Bridges Library & Swim Center Flood, Wind & Storm Control Parks & Recreation Wastewater Engineering Project by Category
(in $ thousands)
Budget to Date Project to Date Spend
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 13 of 15 12/2/202510:56 AM Item 1D - Page 32
-
- --
- ■ ■
Project Description
Budget
Through
FY2025
FY2026
Budget Total Budget
Project to
Date Spend % Complete Fund Sources
15-07 Downtown Park Splash Pad 714,925 - 714,925 - 0% Expect to complete FY2026 Measure J 18-06 Victoria Park Restroom 1,562,345 - 1,562,345 - 0% Expect to complete FY2027 Measure J 22-26 San Rafael Turf Conversion 137,820 - 137,820 - 0% Expect to complete 2027 Measure J PW26-03 City Hall Large Conference Room Upgrade - 200,000 200,000 7,743 4% Expect to complete FY2026 Measure J PW26-06 Muni Plant - Upgrade Switch Gear - 250,000 250,000 25,687 10% Expect to complete 2027 Measure J PW26-13 Police Department Lobby Ballistic Doors - 70,000 70,000 - 0% Expect to complete 2027 Measure J PW26-23 City Hall Lobby Renovation - 80,000 80,000 - 0% Expect to complete 2027 Measure J New Arenas District Flag Pole - - - - 0% Expect to complete 2027 Measure J PW26-22 City Hall Chiller Replacement - 300,000 300,000 - 0% Expect to complete 2027 Measure J PW26-09 CVEP Roof Replacement - 230,000 230,000 - 0% Expect to complete 2027 Measure J PW26-44 Firearms Training Facility - 200,000 200,000 - 0% Expect complete 2027 Def.Main/ Safety Aug
PW26-57 Belardo/Baristo Parking Structure Safety Study - 1,218,000 1,218,000 - 0% Expect to complete 2027 Deferred Maintenance PW26-68 Fire Station 5 - Space Planning Renovation - 750,000 750,000 - 0% Expect to complete 2026 Deferred Maintenance PW26-10 Realtime Crime Center Buildout Prep - 200,000 200,000 1,600 1% Expect complete 2026 Deferred Maintenance New Vehicles - 1,795,000 1,795,000 - 0% Expected delivery 2027 Fleet/Airport Total 2,415,090 5,293,000 7,708,090 35,030 0%
EXECUTIVE SUMMARY
Deferred Maintenance
Capital Projects - FY 25-26 First Quarter
(Unaudited numbers and subject to change)
Status
2278
750
2277.26961
470
137.82
1795
33.43 0 0 1.6 0 0
0 500
1000
1500
2000
2500
Citywide & Cogen Fire Parks & Recreation Police Roads, Maintenance & Traffic
Vehicles
Deferred Maintenance Project by Category
(in $ thousands)
Budget to Date Actual Spend to Date
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 14 of 15 12/2/202510:56 AM Item 1D - Page 33
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Budget
Through
FY2025
FY2026
Budget Total Budget
Project to Date
Spend
%
Complete Status Fund Sources
93,569,359 - 93,569,359 2,338,743 2% Notice to proceed to Swinerton (GC) in October
BHS $12m, AIG $21m,
AIP $8m, TSA $25m
3,600,000 - 3,600,000 0% -
Design complete; awaiting
egress analysis CIP
2,500,000 - 2,500,000 1% 12,900 Bids received and been
evaluated CIP
1,300,000 - 1,300,000 0% -
Design Concept complete,
30% drawing are being
reviewed
CIP
1,000,000 - 1,000,000 2% 21,745 Shade Structure Study
Phase complete Measure J
700,000 500,000 1,200,000 0% - Project in bidding process Improvement other than Buildings
659,650 - 659,650 411,950 62% Project in progress Contractual Services 559,125 500,000 1,059,125 0% - Notice to proceed issued ZEV Grant $559,125 536,000 - 536,000 384,462 72%
Repair in progress,
expected to be completed
in Q4 2025
Other Equipment
500,000 - 500,000 0% -
In process of obtaining a
cost estimate
CIP
Total 104,924,134 1,000,000 105,924,134 3,169,800 3%
Procure (8) Eight Battery Electric Pick-up Trucks
Repair Airport Elevators
Hangar 18 Outfall Repair
Airport Projects
Capital Projects - FY 25-26 First Quarter
(Unaudited numbers and subject to change)
Escalator In-Truss Modification
Renovate Terminal Restrooms - Design
Construct Taxi & TNC Shade Structures - Preliminary Design Studies Parking Access & Revenue Control System
Integrated Design Standards & Guidelines
Description
Baggage Handling In-Line System
Replace Breach Gate Revolving Door System
EXECUTIVE SUMMARY
93,569
3,600 2,500 1,300 1,059 3,896 2,339 - 13 - - 818
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
BHS Breach Gate Escalator Restroom Electric Vehicles Other Projects Airport Project by Category
(in $ thousands)
Total Budget Project to Date Spend
Financial Report - General Fund - Airport - Capital FY26 YTD September Page 15 of 15 12/2/202510:56 AM Item 1D - Page 34
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E. APPROVE CONSTRUCTION CONTRACT NO. 25C445 WITH
INNOVATIVE PLAYGROUNDS COMPANY, INC. FOR THE PURCHASE
AND INSTALLATION OF PLAYGROUND EQUIPMENT, AND
CONSTRUCTION CONTRACT NO. 25C448 WITH SHADE
STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES FOR
THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT
DESERT HIGHLAND PARK.
RECOMMENDATION:
1. Approve Construction Contract No. 25C445 with Innovative Playgrounds Company, Inc. to purchase and install playground equipment at Desert Highland Park, for an amount of $562,651.20;
2. Approve Construction Contract No. 25C448 with Shade Structures, Inc., dba USA Shade & Fabric Structures to purchase and install shade structure equipment at Desert Highland Park, for an amount of $298,173.33; and
3. Authorize the City Manager or designee to execute all necessary documents.
Item 1E - Page 1
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 CONSENT CALENDAR
SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 25C445 WITH
INNOVATIVE PLAYGROUNDS COMPANY, INC. FOR THE PURCHASE
AND INSTALLATION OF PLAYGROUND EQUIPMENT, AND
CONSTRUCTION CONTRACT NO. 25C448 WITH SHADE
STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES FOR
THE PURCHASE AND INSTALLATION OF SHADE STRUCTURES AT
DESERT HIGHLAND PARK
FROM: Scott C. Stiles, City Manager
BY: Nicholas S. Gonzalez, Director of Parks & Recreation SUMMARY:
This action will approve Construction Contract No. 25C445 with Innovative Playgrounds Company in the amount of $562,651.20 for the purchase and installation of playground equipment, and Construction Contract No. 25C448 with Shade Structures, Inc., dba USA Shade & Fabric Structures in the amount of $298,173.33 for the purchase and installation of shade structures at Desert Highland Park.
RECOMMENDATION:
1) Approve Construction Contract No. 25C445 (Attachment A) with Innovative Playgrounds Company, Inc. to purchase and install playground equipment at Desert Highland Park, for an amount of $562,651.20;
2) Approve Construction Contract No. 25C448 (Attachment B) with Shade Structures, Inc., dba USA Shade & Fabric Structures to purchase and install shade structure equipment at Desert Highland Park, for an amount of $298,173.33; and 3) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment C), Innovative Playgrounds Company, Inc. is a corporation and registered in the state of California, and Shade Item 1E - Page 2
City Council Staff Report
December 10, 2025 -- Page 2
Desert Highland Park – Playground & Shade Structure
Structures, Inc., dba USA Shade & Fabric Structures is a corporation formed in the state of Delaware (Attachment D).
BACKGROUND:
The installation of the existing playground equipment at Desert Highland Park was completed in 2009 as part of the Community Development Block Grant 2008-2010 program year. The typical life expectancy for playground equipment is estimated at 15 years. Staff have identified the playground at Desert Highland Park as having reached the end of its useful life, requiring replacement. Parks & Recreation staff have worked with the community and playground vendor on the layout and playground equipment features. Those plans were then reviewed by the Park Enhancements Ad-Hoc Committee of the Parks & Recreation Commission as well as the Parks & Recreation Commission for additional input and feedback.
Throughout the design phase of the project, and driven by community input, the design attributes and features of the playground total proposals grew to exceed the $800,000 previously allocated under deferred maintenance and re-allocated to the Measure J fund.
On August 26, 2025, the Department of Parks & Recreation conducted the Desert Highland Park Playground Replacement Community Meeting. The meeting took place at 6:00pm at the request of the community to ensure those wishing to attend had adequate time in which to arrive and participate. Two design options were presented during the meeting, with the community making the final design selection. The community group was comprised of members of the Desert Highland Gateway Estates Community Action Association, the Parks & Recreation Commission, City Council, as well as members of the general public. In addition to Department of Parks & Recreation Staff, the playground vendor also had representatives in attendance, and both parties facilitated community discussion, noted feedback on design and proposed alterations, and answered questions.
Changes requested by the community included thematic elements more in alignment and representative of Desert Highland Park and the surrounding communities.
On September 9, 2025, updated designs were presented at the Desert Highland Gateway Estates Community Action Association meeting. The community approved the design changes, which the community members and Association approved with a few minor adjustments, which were made, and subsequently presented and approved at the following Desert Highland Gateway Estates Community Action Association meeting conducted on October 14, 2025.
On September 29, 2025, the Parks & Recreation Commission received a presentation from Parks & Recreation staff and discussed the elements of the playground and shade structure features for Desert Highland Park to ensure that there would be a variety of colors and types of play elements for different age groups. At the conclusion, the Parks & Recreation Commission voted to recommend approval of the project to the City Council for consideration. Similar to other park playground projects, the specific colors of the Item 1E - Page 3
City Council Staff Report
December 10, 2025 -- Page 3
Desert Highland Park – Playground & Shade Structure
playground equipment and shade structures have been coordinated with staff, community members, and the Park Enhancements Ad-Hoc Committee.
On October 14, 2025, the Parks & Recreation Department requested an additional allocation of $200,000 from the Measure J Commission. The Commission reviewed the project scope and voted unanimously in support of the additional allocation in support of the community project.
The total combined construction contracts equal $860,824.53 to install replacement playground structures, shade structures, and pour in place seamless rubberized surfacing, with a total project contingency of 14%, or $139,175.47. The current construction contracts are not inclusive of fees associated with landscape architect design services and solar lighting, which are additional items that will need to be added to the project budget. The completed project will include solar lighting to light the playground.
STAFF ANALYSIS:
In accordance with City of Palm Springs Municipal Code Section 7.03.09, “Special Procurement Methods,” Section 5, “Cooperative Purchasing Programs”, the City Council may authorize the acquisition of supplies or services through a joint powers or other cooperative purchasing program with a public entity or association of public agencies or officials, provided that the contractor selected has been selected through a competitive process and the department finds that the competitive process is similar to that contained in Title 7 or adequate to protect the public interest, and due to economies of scale, the nature of the product, or market conditions, the price of the supplies or services is likely to be less through the cooperative purchase than through the City’s independent purchasing pursuant to Title 7.
Sourcewell is a public agency that conducts competitive solicitations and awards contracts to qualified vendors, allowing participating agencies to benefit from volume pricing and streamlined procurement processes. This cooperative purchasing arrangement provides competitive pricing and efficient procurement to support the operational needs of the Parks and Recreation Department through Sourcewell Cooperative Contract #010521-BUR, with authorized dealer Innovative Playgrounds Company, Inc., for the purchase and installation of playground equipment and Sourcewell Cooperative Contract #010521-LTS-6 with authorized dealer Shade Structures, Inc., dba USA Shade & Fabric Structures for purchase and installation of shade structures at Desert Highland Park playground.
The new playground and shade structures will enhance park aesthetics and safety. The new playground equipment is compliant with Americans with Disabilities Act (ADA), ASTM/CPSC (American Society for Testing and Materials/Consumer Product Safety Commission), as well as IPEMA (International Play Equipment Manufacturers Association) Certified to ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.
Item 1E - Page 4
City Council Staff Report
December 10, 2025 -- Page 4
Desert Highland Park – Playground & Shade Structure
The playground equipment installation includes a Palm Springs Aerial Tramway and city inspired themed custom playground designed in conjunction with the community featuring playground structures designed for youth 2-5 years old and youth 5-12 years old; including a two-bay swing set, musical instruments, and Serenity Spot for a quiet area for those children with stimulus overload, inclusive features including the Movement Inclusive game center, accessible swings, interactive panels, a 360 Loop transfer slide, and Volta Spinner as shown in the images on the following page.
Desert Highland Park Playground and Shade Structures
Item 1E - Page 5
City Council Staff Report
December 10, 2025 -- Page 5
Desert Highland Park – Playground & Shade Structure
Playground Equipment for youth age group 5-12 years
Playground Equipment for youth age group 2-5 and 5-12 years Desert Highland Park Playground and Shade Structures
The original deferred maintenance budgeted for this project was $800,000, to install replacement playground structures, shade structures, and pour in place seamless rubberized surfacing. The project was reallocated under Measure J for FY26-27, which Item 1E - Page 6
City Council Staff Report
December 10, 2025 -- Page 6
Desert Highland Park – Playground & Shade Structure
allowed for the separate playground sites to be combined into a single, larger footprint.
Throughout the duration of the design process, the City conducted several community meetings and updates to ensure community co-development of the project design, including combining the current separate 2-5 and 5-12-year-old playground sites into one larger footprint. Combining the playground sites allowed for internal economies of scale to focus more of the budget on structural attributes than soft costs, notably reducing engineering costs associated with two shade structures to one larger structure.
The Department of Parks & Recreation will source and manage a landscape architect to provide the necessary site plans required for all permitting and other applicable reviews.
As part of this project, independent sail shade structures will be installed over the playground equipment, providing relief from the sun. New playground rubber surfacing will also be installed, allowing for a safe play experience. Staff has reviewed the cooperative contract pricing and finds Innovative Playground Company and Shade Structures, Inc., dba USA Shade & Fabric Structures is in line with the Sourcewell contract and recommends the approval of Construction Contract No. 25C445, in the amount of $562,651.20, and Construction Contract No. 25C448, in the amount of $298,173.33, leaving a project contingency of 14% or $139,175.47.
The project will also be the first playground in Palm Springs to incorporate lighting, allowing for extended hours of use during evening hours.
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.
In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff have determined that replacement of playground equipment is considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority: Infrastructure and Facilities – Provide for quality, well-maintained infrastructure and facilities.
Item 1E - Page 7
City Council Staff Report
December 10, 2025 -- Page 7
Desert Highland Park – Playground & Shade Structure
FISCAL IMPACT:
The City’s Measure J Fund includes funds for this project (Project Number PW26-05) of $800,000 for Fiscal Year 2025-26 in the Measure J – Deferred Maintenance & Vehicles fund. This action will additionally fund $200,000, previously approved by the Measure J Commission on October 14, 2025, for a total project amount of $1,000,000.
REVIEWED BY:
Director of Parks & Recreation: Nicholas S. Gonzalez
Procurement & Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Construction Contract No. 25C445
B. Construction Contract No. 25C448
C. Innovative Playground Company Public Integrity Disclosure Form D. Shade Structures, Inc., dba USA Shade & Fabric Structures Public Integrity Disclosure Form
Item 1E - Page 8
ATTACHMENT A
CONSTRUCTION CONTRACT 25C445
Item 1E - Page 9
55575.18100\42920836.2
Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
SHORT FORM CONSTRUCTION CONTRACT
DESERT HIGHLAND PARK PLAYGROUND PURCHASE AND
INSTALLATION PROJECT
1. PARTIES AND DATE.
This Contract is made and entered into this 11th day of December 2025 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Innovative Playgrounds Company, a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 Cooperative Agreement. This Contract is made and entered into in reference to the competitively solicited Sourcewell Contract No. 010521-BUR with Contractor (“Cooperative Agreement”)
2.2 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.3 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing playground installation and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class B
2.4 Project. City desires to engage Contractor to render such services for the Desert Highland Park Playground Installation (“Project”) as set forth in this Contract.
2.5 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, payment and performance bonds, and insurance documents as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Five Hundred Sixty-Two Thousand Six Hundred Fifty-One Dollars and Twenty Cents ($562,651.20) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
Item 1E - Page 10
55575.18100\42920836.2
Revised 8.9.23 Page 2 of 43
3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, Item 1E - Page 11
55575.18100\42920836.2
Revised 8.9.23 Page 3 of 43
in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Period of Performance and Liquidated Damages.
3.2.1 Contractor shall perform and complete all Work under this Contract within fifty (50) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
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3.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
Services/Schedule of Compensation (Exhibit “A”)
Special Conditions (Exhibit “B”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”) Public Works Contractor Registration Certification (Exhibit “D”) Payment and Performance Bonds (Exhibit “E”)
Executive Order N-6-22 Certification (Exhibit “F”)
Fleet Compliance Certification (Exhibit “G”)
Change Orders executed by the City
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “A” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “B” attached hereto and incorporated herein by this reference.
3.4.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order Item 1E - Page 13
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due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.4.3 Change Orders. Changes to the Contract Time (as defined in Section
3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.4.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, Item 1E - Page 14
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processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests.
Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.
Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations Item 1E - Page 15
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respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at Item 1E - Page 16
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all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “D” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm Item 1E - Page 17
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water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.
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Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a Item 1E - Page 19
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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit G” may render the Bid non-responsive.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Item 1E - Page 20
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Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or Item 1E - Page 21
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damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
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a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
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by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.
The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
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3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
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3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
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Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
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3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages Item 1E - Page 28
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for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty Item 1E - Page 29
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at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “C” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other Item 1E - Page 30
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available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
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3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may Item 1E - Page 32
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be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Innovative Playground Company, Inc.
Attention: Vanessa Larios
12407 E. Slauson Ave, Unit D
Whittier, CA 90606
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
Item 1E - Page 33
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3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
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3.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
3.22 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND INNOVATIVE PLAYGROUNDS COMPANY, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By Date
Signature
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: Item No.
APPROVED AS TO FORM: ATTEST:
By By
City Attorney City Clerk
APPROVED:
By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1E - Page 36
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EXHIBIT “A”
SERVICES / SCHEDULE OF COMPENSATION
Scope of services shall include the demolition of existing playground structure, purchase and installation of playground equipment at Desert Highland Park, as identified herein Exhibit A”, and in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract No. 010521-BUR.
Item 1E - Page 37
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Item 1E - Page 38
Innovative Playgrounds Co., Inc.
12407 E. Slauson Ave. Unit D
Whittier. CA 90606
562-693·5200
Innovative Estimate
www .lnnovplay.com PLAYGROUNDS" co.
ADDRESS
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
SOURCEWELL IOI 75934
SHIP TO
Dasen Highland Park
480 W Tramview Rd.
Palm Springs. CA 92262
ESTIMATE t DATE
11061 11/1 7/2025
TRACKING NO. SALES REP
New Play Uni1s Exp- Opt 2 ALVINO
ACTIVITY
PREP WORK
DEMO-PLAY
DEMO
DEMO
PREP WORK
PREP WORK
PREP WORK
PLAY UNIT
KIT-2
WARRANTY
INSTALLATION•1
PIP-1
INSTALL-PIP
DESCRIPTION
Provide temporary fencing during installation of play equipment and play area surfacing. (1 Day) Demo and dispose of existing play equipment in 5- 12 play area. (up to 3 Days) Demo and dispose of approx. (2,505) sq. ft. of existing rubber tiles at 4.5" depth. (up 10 3 Days) Demo and dispose of approx. (55) LF of existing concrete curb at a· x 12" to expand play area. (1 Day) Excavate and grade approx. (2,405) sq. ft. of existing dirt area at 7.5" depth for expansion area. (2 Days) Repalr and re-compact approx. (2,505) sq. ft. of existing base and backfill o holes from old equipment in existing area. (2 Days)
lnstaD (2.405) sq. ft. of aggregate base at 4" depth to expanded area to prep or rubber surfacing. (3 Days) Construct approx. (167) LF of new concrete curb at a· x Io·. (2 Days) Supply Burke Play Equipment as per drawing #513·204339--3, includes (1) "Nucleus Series" Unit for 5-12 age group. and (I) "Nucleus Series· Unit for 2-5 age group with 5" OD aluminum posts. (4) Custom Palm Tree Post Toppers. (1) Seek and Find Custom Activity Panel, (6) Custom Post Mount Spinners. (2) Custom Cobra Slide Barriers. Customization on Play Panels. (1) Serenity Spot. (1) Communication Board, (1) Music PlayEnsemble Center, ( 1) Custom Counter Panel, (1) Volta Inclusive Spinner. ( 1) MOVMNT Inclusive Grune. (I) B rke 5" OD double bay single post frame swing at 8' toprail with (2) belt seats, (1) ADA Freedom Seat. and (1) Konnection Seat, (5) 6' PVC Traditional Series Bench with Back, (3) PVC LC Stat Flat Covet Ttash Receptacles. and (2) F,eestanding Welcome/Safety Age Sign.
LIST PRICE $241.123. t 0
"SOURCEWELL CUSTOMER DISCOUNT" APPLIED ($36.168.47)
"MOVE WITH US GRANT CUSTOMER DISCOUNT" APPLIED ($32,071.54) (Burke Sourcewell Conttact # 010521 •BUR)
FREE Maintenance Kit (includes installation booklet. gra ti remover, tools and touch up Paint).
LIST PRICE $250.00
LONGEST AND STRONGEST WARRANTY. INCLUDING UV-20 PROTECTION ON PLASTICS.
Install Burke Play Equipment as per dtawing #5 I 3•204339--3 Into base. (15 Days) Supply approx. (4,910) Sq. Ft. of 3.5"· 4.5" hick Pour in Place surfacing with 1/2" EPDM cap. PIP to be 50% color (to be selected from manufacturer standard colors at time of order placement) and 50% black, with aliphatic binder.
Install approx. (4.910) Sq. Ft. of 3.5"· 4.5" thick Pour in Place surfacing with 1/2" EPDM cap and alipha1ic binder. (4 Days)
ESTIMATE VALID FOR 30 DAYS
j
AMOUNT
3,154.93
16,443.66
14,289.08
1.204.58
17,139.86
12,829.08
11.290.1 4
172.883.10T
O.OOT
0.00 114.373.66
82.224.11T
54.411.28
Accep1ance of estima1e: the above prices. specifications and conditions are satisfactory and are hereby accepted. Any alterations or deviations from the above will be accepted only upon wrinen notice and will become an extra charge ove, and above the estimate period. 50% deposit due with orde,, unless net 30 terms have been app,oved.
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Item 1E - Page 39
ACTIVITY
FREIGHT
FREIGHT
BONDS
INCLUDES
EXCLUDES
DESCRIPTION
Burke shipping charge 10 PALM SPRINGS, CA. Freight price valid for 30 days only. due lo flUCluating fuel pricing. Please requote after 12/19/25.
PIP Rubber & Redelivery of Equipment Shipping charge to PALM SPRINGS. CA. Freight price valid for 30 days only. due 10 flUCluating fuel pricing. Please requote after 12/19/25. (Open Market) PAYMENT BOND & PERFORMANCE BOND (3% of Total: $546.26329) Pricing Includes prevailing wage rates.
Pricing excludes regular wage rates. city permitting fees. fencing (permanent). speclal Installation due 10 un oreseen site conditions and any additional site work/preparation/amenities. Dir9CI cost for any additional Insurance limits above what Is offered on our current policy for GL. WC. and AUlo ·11 be dlr8Clly charged 10 customer tt required by conttaCI.
SPECIAL NOTES:
The discount for the play equipment was provided via our "2025 MOVE WITH US GRANT". ORDERS MUST BE PLACED NO LATER THAN DECEMBER 19. 2025 to take advantage of this special offer.
PAYMENT TERMS:
NET 30 ON PO'S FROM CITIES. SCHOOL DISTRICTS. STATE. OR FEDERAL ENilllES.
SUBTOTAL
TAX (9.25%)
TOTAL
AMOUNT
9,620.00
12,802.40
16,387.90
O.OOT
O.OOT
539,053.78
23,597.42
$562,651.20
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EXHIBIT “B”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
Item 1E - Page 40
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EXHIBIT “C”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
INNOVATIVE PLAYGROUND COMPANY, INC.
By:
Signature
Name (print)
Title (print)
Title (Print)
Item 1E - Page 41
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EXHIBIT “D”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
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EXHIBIT “E”
PAYMENT AND PERFORMANCE BONDS
Item 1E - Page 43
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Innovative Playground Company, Inc., (hereinafter referred to as the “Contractor”) an agreement for Desert Highland Park Playground Purchase and Installation Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 11, 2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Innovative Playground Company, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of FIVE HUNDRED SIXTY-TWO THOUSAND SIX HUNDRED FIFTY-ONE DOLLARS AND TWENTY CENTS, ($562,651.20), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
Item 1E - Page 45
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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Item 1E - Page 46
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(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 that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Item 1E - Page 47
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed December 10 2025, has awarded to Innovative Playground Company, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
Desert Highland Park Playground Purchase and Installation Project (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 11, 2025 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Sixty-Two Thousand Six Hundred Fifty-One Dollars and Twenty Cents ($562,651.20) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any Item 1E - Page 48
55575.18100\42920836.2
Revised 8.9.23 Page 40 of 43
scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(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 that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Item 1E - Page 50
I I
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EXHIBIT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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EXHIBIT “G”
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Contractor: _____________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Item 1E - Page 52
ATTACHMENT B
CONSTRUCTION CONTRACT 25C448
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Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
SHORT FORM CONSTRUCTION CONTRACT 25C448
DESERT HIGHLAND PARK SHADE STRUCTURE INSTALLATION
1. PARTIES AND DATE.
This Contract is made and entered into this 11TH day of December 2025 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Shade Structures, Inc., dba USA Shade & Fabric Structures, a Texas corporation (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 Cooperative Agreement. This Contract is made and entered into in reference to the competitively solicitated Sourcewell Contract No. 010521-LTS-6 with Contractor (“Cooperative Agreement”).
2.2 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.3 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing shade structure installation and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class A or B license
2.4 Project. City desires to engage Contractor to render such services for the purchase and installation of shade structure at Desert Highland Park playground(“Project”) as set forth in this Contract.
2.5 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bonds, payment bonds, and insurance documents as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred Ninety-Eight Thousand One Hundred Seventy-Three Dollars and Thirty-Three Cents ($298,173.33) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
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3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Item 1E - Page 55
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Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Period of Performance and Liquidated Damages.
3.2.1 Contractor shall perform and complete all Work under this Contract within Sixty (60) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor.
Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One Thousand Dollars ($1,000.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
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3.2.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
3.3 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Schedule of Compensation (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Fleet Compliance Certification (Exhibit “H”)
• Change Orders executed by the City
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.
Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.4.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
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performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.4.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, markups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.4.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Item 1E - Page 58
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Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests.
Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations Item 1E - Page 59
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respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all Item 1E - Page 60
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reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law.
Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all Item 1E - Page 61
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regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, Item 1E - Page 62
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regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If Item 1E - Page 63
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such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.10.8 Air Quality. Contractor shall fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non-responsive.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall Item 1E - Page 64
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indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money– will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
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3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due Item 1E - Page 66
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on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.
3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
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3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.12.10 Government Code Claim Procedures.
3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
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3.12.10.3 Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.
3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.14 Indemnification.
3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all consequential damages, expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
3.14.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and Item 1E - Page 69
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authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.15 Insurance.
3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation Item 1E - Page 70
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or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
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3.15.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
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3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the Item 1E - Page 73
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sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.18 Employee/Labor Certifications.
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
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3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates City Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
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Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Shade Structures, Inc., dba USA Shade &
Fabric Structures
Attention: Ashley Donde,
Senior Regional Manager
2580 Esters Blvd., Suite 100
DFW Airport, TX 75161
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
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3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
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3.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
3.22 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6- 22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By Date
Signature
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: 12/10/2025 Item No.
APPROVED AS TO FORM: ATTEST:
By By
City Attorney City Clerk
APPROVED:
By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SERVICES / SCHEDULE
Contractor shall procure, deliver, and cause to be installed shade structure equipment at Desert Highland Park, in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract #010521-LTS-6 and as identified in Exhibit “B”.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
Item 1E - Page 81
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Desert Highland Park
Priced per SOURCEWELL Contract Number 010521-LTS-6
10/29/2025
Pricing Valid for 15 Days
Project Information: Sales Information:
Purchaser: CITY OF PALM SPRINGS Contact: Sales
Rep: Hrabal, Nathan
Project
Name: Desert Highland Park Phone: Phone: 214-206-1040
Quote No: CA1025NH25458-R0 Email: Email: Nathan.Hrabal@playpowe r.com
Billing Address Information: Shipping Address Information: Jobsite Information:
Name: CITY OF PALM SPRINGS Name: Desert Highland Park Name: Desert Highland Park Address: 3200 E Tahquitz Canyon
Way Address: 480 W Tramview Rd Address: 480 W Tramview Rd City: Palm Springs City: Palm Springs City: Palm Springs State: CA State: CA State: CA
Zip Code: 92262 Zip Code: 92262 Zip Code: 92262
Contact: Contact: Contact:
Email: Email: Email:
Phone: Phone: Phone:
NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.
CORPORATE ADDRESS:
2580 Esters Blvd., Suite 100 DFW
Airport, TX 75261
MAILING ADDRESS:
P.O. Box 3467 Coppell, TX 75019
REMITTANCE ADDRESS:
P.O. Box 734158 Dallas, TX 75373-
4158
SOUTHERN CALIFORNIA:
1085 N. Main Street, Suite C
Orange, CA 92867
ARIZONA:
2415 S. 18th Place
Phoenix, AZ 85024
LAS VEGAS:
3111 So. Valley View Blvd. Suite B-117
Las Vegas, NV 89102
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USASHADE*
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533
PRODUCTS
DESCRIPTION DETAILS
Joined 3pt and 4pt Sails, per
CA1025NH25458-1000 Model Number Dimensions Entry Height
QTY IMAGE CUSTOM
1 Fabric Type Fabric Color Electrical Provisions
Commercial_95FR Excluded
Steel Finish Steel Color Cable/HDW Finish
Powder Coated Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier Recessed Base Plate Included
SOURCEWELL PRICING
QTY NOTES DESCRIPTION UNIT PRICE UNIT TOTAL
1 10% Discount for $50,000.00
and above
Joined 3pt and 4pt Sails, per
CA1025NH25458-1000 $139,857.55 Each Unit price less Discount$125,871.79 Unit Subtotal: $125,871.79
Shipping and Handling: $7,842.14
Taxable Subtotal: $133,713.93
Sales Tax @ 9.25%: $12,368.54
1 Equipment Installation: $106,931.00
1 Stamped Drawings $2,500.00 $2,500.00
6 $2,500.00-$6,000.00 per day Site Preparation: $3,374.55 – Each $20,247.30 6 $0.00-$2,500.00 per day Planning and Design Services: (Calculations) $1,954.65 - Each $11,727.90 1 $0.00-$2,500.00 per day Planning and Design Services: (Permitting) $2,000.00 - Each $2,000.00 Subtotal $289,488.67
Bonding: $8,684.66 - Each $8,684.66
TOTAL PRICE: $298,173.33
INCLUSIONS / EXCLUSIONS
INCLUDED /
EXCLUDED ENGINEERING REQUIREMENTS INCLUDED / EXCLUDED INSTALLATION - MISCELLANEOUS Included Sealed Drawings & Calculations Excluded Prevailing Wage / Certified Payroll Excluded Permit Submittal Included Union Wages
Included Permit Fee Included Fencing
Excluded DSA Submittal & Fees Excluded Water and Electrical Included Design and Engineering of Structure Excluded Landscape Repair Included Design and Engineering of Foundation Excluded Demolition (Existing Structures) Excluded Reactions and Loads for attachment to Walls,
Rooftops, or Other Included Payment and Performance Bonds Excluded Foundation Location and Elevation Survey Excluded Special Inspection Fees Item 1E - Page 83
USASHADE*
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Construction Assumptions
1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work.
5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction.
8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order.
9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation.
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USASHADE*
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES By:
Signature
Name (print)
Title (print)
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Shade Structures, Inc., dba USA Shade & Fabric Structures, (hereinafter referred to as the “Contractor”) an agreement for Desert Highland Park Shade Structure Installation (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 11, 2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Shade Structures, Inc., dba USA Shade & Fabric Structures, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of TWO HUNDRED NINETY-EIGHT
THOUSAND ONE HUNDRED SEVENTY-THREE DOLLARS AND THIRTY-THREE CENTS ($298,173.33), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(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 that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed 10th day of December 2025 has awarded to Shade Structures, Inc., dba USA Shade & Fabric Structures hereinafter designated as the “Principal,” a contract for the work described as follows:
Desert Highland Park Shade Structure Installation (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 11, 2025 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of TWO HUNDRED NINETY-EIGHT THOUSAND ONE HUNDRED SEVENTY-THREE DOLLARS AND THIRTY-THREE CENTS ($298,173.33) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating Item 1E - Page 93
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to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(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 that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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EXHIBIT “H”
FLEET COMPLIANCE CERTIFICATION
Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Contractor: _____________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ Item 1E - Page 97
ATTACHMENT C
INNOVATIVE PLAYGROUNDS COMPANY
PUBLIC INTEGRITY DISCLOSURE FORM
Item 1E - Page 98
Item 1E - Page 99
1. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Innovative Playgrounds Company, Inc.
2. Address of Entity (Principle Place of Business)
12407 E. Slauson Ave., Unit D, Whittier, CA 90606
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State California
If other than California, is the Entity also reqistered in California? n Yes n No
5. 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 Alvino Larios 0 Officer D Director D Member D Manager
(Revised 09 13 18)
[name]
D General Partner D Limited Partner
00ther CEO
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM