CITY OF PALM SPRINGS
Regular Meeting Agenda
FEBRUARY 25, 2026
3:30 PM Closed Session
5:30 PM Open Session
Council Chamber
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Palmspringsca.gov
CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
Naomi Soto, Mayor
David Ready, Mayor Pro Tem
Jeffrey Bernstein, Councilmember
Grace Elena Garner, Councilmember
Ron deHarte, Councilmember
Scott Stiles, City Manager
A
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.
3:30 PM CLOSED SESSION:
CLOSED SESSION CALL TO ORDER:
PUBLIC COMMENT FOR CLOSED SESSION (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):
CONFERENCE WITH LEGAL COUNSEL: The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION,
Pursuant to Government Code Section 54956.9(d)(1)
Three (3) matters
Supporters Alliance for Environmental Responsibility v. City of Palm Springs, et al, Riv. Superior Court No. CVRI2506980
Jennifer Gianerakis v. City of Palm Springs, Riv. Superior Court No.
CVPS2406892
Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association Case No. 01-23-0002-5716
CONFERENCE WITH LABOR NEGOTIATORS, Pursuant to
Government Code Section 54957.6
City Negotiators:
Scott Stiles, City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel
Employee
organizations:
Palm Springs Firefighters Association
Palm Springs Fire Management Association
Public Employees Association of Palm Springs
Management Association of Palm Springs
Palm Springs Police Officers Association
(PSPOA)
Palm Springs Police Management Association
(PSPMA)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant
to Government Code Section 54956.8
Property:
City Negotiator:
Negotiating
parties:
Under
negotiation:
125 E. Tahquitz Canyon Way, Palm Springs
Scott Stiles, City Manager and Jeff Ballinger, City
Attorney
Michael Braun, Grit Development
Price and Terms
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF
LITIGATION, Pursuant to Government Code Section
54956.9(d)(4)
One (1) matter
CLOSED SESSION ADJOURNMENT:
5:30 PM REGULAR MEETING:
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
A. REVIEW OF PUBLIC COMMENT RELATED TO ZONING
CODE UPDATE
PROCLAMATIONS:
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.
1A. APPROVAL OF MINUTES
RECOMMENDATION:
Approve the City Council Meeting Minutes of February 11, 2026.
1B. 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 01-17-
26 TOTALING $2,679,170.78 AND ACCOUNTS PAYABLE
WARRANTS DATED 01-15-26 TOTALING $6,530,898.98 IN THE
AGGREGATE AMOUNT OF $9,210,069.76 DRAWN ON BANK OF
AMERICA”.
1C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE
ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH
JANUARY 31, 2026
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2026.
1D. SECOND READING OF AN ORDINANCE ADDING CHAPTER
5.27 TO THE PALM SPRINGS MUNICIPAL CODE,
RESTRUCTURING THE CITY’S HOTEL OPERATIONS
INCENTIVE PROGRAM (CITYWIDE)
RECOMMENDATION:
Waive the full reading of the ordinance text in its entirety and read by title only; and conduct a second reading of Ordinance No. 2126, “AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO A RESTRUCTURED HOTEL
OPERATIONS INCENTIVE PROGRAM”
1E. APPROVE CONTRACT SERVICE AGREEMENTS NO. 26B015
AND 26B016 WITH ADVANTAGE TOTAL PROTECTION, INC.
FOR ALARM MONITORING AND MAINTENANCE SERVICES
RECOMMENDATION:
1. Approve Contract Services Agreement No. 26B015 with
Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Public Works Department in an amount not to exceed $525,000, for an initial three-year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
2. Approve Contract Services Agreement No. 26B016 with
Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Aviation Department in an amount not to exceed $75,000, for an initial three-year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
3. Authorize the City Manager or designee to execute all necessary documents.
1F. AWARD PROFESSIONAL SERVICES AGREEMENT NO.
26P020 WITH AECOM TECHNICAL SERVICES, INC., FOR
COMPREHENSIVE SHADE & HEAT MITIGATION PLAN
CONSULTING SERVICES
RECOMMENDATION:
1. Approve Professional Services Agreement No. 26P020 with AECOM Technical Services, Inc., for comprehensive shade & heat mitigation plan consulting services for a term commencing on February 26, 2026, and continuing through February 25, 2028, for an amount not to exceed $445,814;
2. Authorize the City Manager or designee to execute all necessary documents.
2. PUBLIC HEARINGS:
None.
3. BUSINESS & LEGISLATIVE:
3A. INTRODUCTION OF ORDINANCE ADDING SECTION
12.28.055 TO THE PALM SPRINGS MUNICIPAL CODE
REGULATING VEHICLE SALES ACTIVITY IN THE PUBLIC
RIGHT-OF-WAY
RECOMMENDATION:
Introduce Ordinance adding 12.28.055 to the Palm Springs Municipal Code regulating vehicle sales activity in the public right-of-way, and schedule the Ordinance for adoption at a subsequent meeting.
3B. FISCAL YEAR 2024-2025 FINANCIAL AUDIT REPORTS OF
THE CITY OF PALM SPRINGS
RECOMMENDATION:
Receive and file the following Financial Audit Reports for the fiscal year June 30, 2025:
• Annual Comprehensive Financial Report (ACFR)
• Audit Communication Letter to the City Council
• Passenger Facility Charge (PFC) Report
• Housing Successor Audit Communication letter to the City Council
• Public Financing Authority Financial Statements
• Independent Accountant’s Agreed Upon Procedures to
Appropriations (GANN)
• Measure D Independent Accountant’s Agreed Upon Procedures • Measure A Independent Accountant’s Agreed Upon Procedures (Conrad CPA
Firm)
• Measure J Financial Statements and Independent Auditors’ Report
3C. GENERAL FUND, AIRPORT, AND CAPITAL MID-YEAR
FISCAL YEAR 2025-26 BUDGET UPDATE
RECOMMENDATION:
Receive and File.
3D. UPDATE ON OFFICE OF ECONOMIC DEVELOPMENT
STRATEGIC FRAMEWORK IMPLEMENTATION PLANNING
RECOMMENDATION:
1. Approve the implementation strategy proposed by CVL Economics for the implementation of the Palm Springs Economic Strategic Framework; and,
2. Approve the amount of $285,750 for implementation consulting services from the Economic Development FY 2026 budget.
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.
A. TENTATIVE UPCOMING MEETING SCHEDULE
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 6:30 p.m., on February 18, 2026, and posted on the City’s website as required by established policies and procedures.
Brenda Pree, MMC, CERA
City Clerk
PUBLIC NOTICE
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.
(DRAFT MEETING MINUTES)
February 11, 2026
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 Soto on February 11, 2026, at 5:31 PM.
PLEDGE OF ALLEGIANCE:
Sofia Murray, an elementary school student, led the City Council in the Pledge of Allegiance.
ROLL CALL:
Present: Councilmember Jeffrey Bernstein, Councilmember Ron deHarte, Councilmember Grace Garner, Mayor Naomi Soto, Mayor Pro Tem David Ready
Absent: None
City Staff
Present:
Flinn Fagg, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Cindy Cairns, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call.
Other staff members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS:
PRESCOTT PRESERVE FIRE
Fire Chief Alvarado and Director of Special Program Compliance Goedhart presented an update on the Prescott Preserve fire.
Lynne Samson and Laurie Keith Bradley provided oral testimony.
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City Council Minutes February 11, 2026
City of Palm Springs (DRAFT) Page 2
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3 A SUNLINE TRANSIT AGENCY COMPREHENSIVE OPERATIONAL ANALYSIS UPDATE
Sunline Transit Agency CEO/General Manager Babauta, presented an operational update.
PROCLAMATIONS:
February was proclaimed as Black History Month.
ACCEPTANCE OF THE AGENDA:
Motion by Councilmember Bernstein, Second by Councilmember Garner, CARRIED 5 – 0, to: Accept the agenda with the removal of Consent Calendar Item Nos. 1F and 1H for separate discussion; with Consent Calendar Item No. 1C tabled.
AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: None
REPORT OF CLOSED SESSION:
The Closed Session of the City Council of February 11, 2026, was called to order by Mayor Soto at 4:30 PM.
The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action:
CLOSED SESSION ITEM(S):
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1)
One (1) matter
Palm Springs Promenade, LLC v City of Palm Springs, American Arbitration Association, Case No. 01-23-0002-5716
Councilmember Bernstein recused from the Palm Springs Promenade item above, LLC v City of Palm Springs, American Arbitration Association, Case No. 01-23-0002-5716
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City Council Minutes February 11, 2026
City of Palm Springs (DRAFT) Page 3
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3 PUBLIC TESTIMONY (Non-Public Hearing Agenda Items Only):
Michael Joseph Pitkin provided oral testimony.
1. CONSENT CALENDAR:
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to: Approve the Consent Calendar with removal of Item Nos. 1F and 1H for separate discussion; and tabling Consent Calendar Item No. 1C. 1A. APPROVAL OF MINUTES
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to: Approve the City Council Meeting Minutes of January 28, 2026.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1B. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2025 Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to: Receive and File.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1C. AUTHORIZE THE PURCHASE OF SANITARY SEWER AND STORM
DRAIN MAINTENANCE VEHICLES FOR USE BY VEOLIA WATER, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,513,418.19
The City Council tabled this item.
1D. AUTHORIZE A TASK ORDER IN THE AMOUNT OF $29,419.30 FOR VEOLIA WATER WEST OPERATING SERVICES, INC. TO PROVIDE
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City Council Minutes February 11, 2026
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3 PROFESSIONAL SERVICES FOR A WASTEWATER TOTAL NITROGEN
EFFLUENT LIMIT COMPLIANCE REPORT
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Authorize the City Manager to approve a task order for professional services related to the Total Nitrogen Effluent Limit Compliance Technical Report to Veolia Water West Operating, in an amount not to exceed $29,419.30.
2. Authorize the City Manager or designee to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1E. APPROVAL OF AMENDMENT NO. 4 IN THE AMOUNT OF $27,124.24 TO PROFESSIONAL SERVICES AGREEMENT NO. A6597 WITH
DOKKEN ENGINEERING FOR THE EAST PALM CANYON DRIVE
BRIDGE, CITY PROJECT NO. 12-04, FEDERAL AID PROJECT NO.
BRLS 5282(041)
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Approve Amendment No. 4 in the amount of $27,124.24 to Professional Services Agreement No. A6597 with Dokken
Engineering, for a new not to exceed amount of $1,407,428.52, for the East Palm Canyon Drive Bridge, City Project No. 12-04, Federal Aid Project No. BRLS 5282(041); and
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1F. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE
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City Council Minutes February 11, 2026
City of Palm Springs (DRAFT) Page 5
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3 GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC
DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Adopt Resolution No. 25377 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS
AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT
FUNDING.”
2. Authorize the City Manager to execute all documents consistent with this Resolution.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
1G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2125,
AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF
CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF
UTILITIES AND CLARIFYING RESPONSIBILITIES AND
ENFORCEMENT MECHANISMS FOR PRIVATE CONNECTIONS TO
UNDERGROUND PUBLIC UTILITIES
Motion by Councilmember Garner, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2125, “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 SECTION
8.04.452 AND ADDING SECTIONS 8.04.453 THROUGH 8.04.457
CLARIFYING RESPONSIBILITIES AND ENFORCEMENT MECHANISMS
FOR PRIVATE CONNECTIONS TO UNDERGROUND PUBLIC UTILITIES.”
2. Authorize the City Manager to execute all necessary documents.
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem Ready
NAYS: None
ABSTAIN: None
RECUSED: None
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City Council Minutes February 11, 2026
City of Palm Springs (DRAFT) Page 6
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3 1H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2124 ADDING CHAPTER 3.29 TO THE PALM SPRINGS MUNICIPAL CODE,
PROVIDING FOR ESTABLISHMENT OF CITY OF PALM SPRINGS
TOURISM IMPROVEMENT DISTRICT LAW
Motion by Mayor Pro Tem Ready, Second by Councilmember
Garner, CARRIED 5 – 0, to: Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2124 (Attachment A) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 3.29 TO THE PALM
SPRINGS MUNICIPAL CODE, PROVIDING FOR THE CITY OF PALM SPRINGS
TOURISM IMPROVEMENT DISTRICT LAW INCLUDING GENERAL
PROVISIONS AND DEFINITIONS, POWERS AND PROCEDURES TO ISSUE
BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR SPECIFIED PURPOSES, AND CERTAIN OTHER SUPPLEMENTAL PROVISIONS.”
AYES: Councilmember Bernstein, Councilmember deHarte,
Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
2. PUBLIC HEARINGS: None.
3. BUSINESS & LEGISLATIVE:
3A. RE-INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.27 TO
THE PALM SPRINGS MUNICIPAL CODE, RESTRUCTURING THE
CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM (CITYWIDE)
Motion by Councilmember Bernstein, Second by Councilmember deHarte, CARRIED 5 – 0, to:
1. Waive the reading of the ordinance text in its entirety and read by title only; and introduce for first reading Ordinance No. 2126 entitled, “AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM SPRINGS MUNICIPAL CODE, RELATING TO A RESTRUCTURED HOTEL OPERATIONS INCENTIVE PROGRAM,”
and approve the ordinance. (The new Chapter 5.27 will replace the current Chapter 5.26 program for future agreements.)
2. Authorize the City Manager and City Attorney to make minor non-substantive changes to the ordinance and execute all necessary documents to implement the program.
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3 AYES: Councilmember Bernstein, Councilmember deHarte, Councilmember Garner, Mayor Soto, Mayor Pro Tem
Ready
NAYS: None
ABSTAIN: None
RECUSED: None
PUBLIC COMMENT (Non-Agenda Items):
Matthew Bousquette, Claudia Murphy, Michael Joseph Pitkin, Yolanda Sandor, and Rosario Avila provided oral testimony.
CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:
A. TENTATIVE UPCOMING MEETING SCHEDULE
Assistant City Manager Fagg and the City Council discussed the tentative meeting schedule and agenda items for upcoming meetings.
ADJOURNMENT:
The City Council adjourned the Regular Meeting of February 11, 2026, at 7:22 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
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CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF 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 authorizing 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 01-17-26 TOTALING $2,679,170.78 AND ACCOUNTS PAYABLE WARRANTS DATED 01-15-26 TOTALING $6,530,898.98 IN THE AGGREGATE AMOUNT OF $9,210,069.76 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 Pam 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.
B – Page 16 of 263
City Council Staff Report
February 25, 2026 -- Page 2
Approval of Payroll & Accounts Payable Warrants, Claims and Demands 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 January 17, 2026
C. AP Check Reconciliation Register for January 15, 2026
B – Page 17 of 263
ATTACHMENT A
Resolution
B – Page 18 of 263
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 01-17-26 TOTALING $2,679,170.78 AND
ACCOUNTS PAYABLE WARRANTS DATED 01-15-26
TOTALING $6,530,898.98 IN THE AGGREGATE AMOUNT
OF $9,210,069.76 DRAWN ON BANK OF AMERICA.
W
HEREAS 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 W
HEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.
K ristopher J. Mooney
Director of Finance and Treasury
NO
W, 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.
A
DOPTED THIS 25TH DAY OF FEBRUARY 2026.
S COTT STILES
CITY MANAGER
A
TTEST:
BRENDA PREE
CITY CLERK
B – Page 19 of 263
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, 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
B – Page 20 of 263
ATTACHMENT B
Payroll & Warrants Memo for
PPE January 17, 2026
B – Page 21 of 263
INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:
RE: Payroll Wires and Warrants
PAY DATE 1/23/2026
February 25, 2026
PAYROLL PERIOD ENDING 1/17/2026
FEDERAL TAXES 371,120.16
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423241-423247 10,838.46
LIABILITY CHECK REGISTER 2028850-2028865 44,155.16
PAYROLL DIRECT DEPOSITS 1,958,755.91
STATE TAXES 128,936.96
VENDOR WIRE PYMTS 6,889.92
DEFERRED COMP: ICMA 457 77,969.04
DEFERRED COMP: NATIONWIDE 42,068.79
ICMA RHS CONTRIBUTION 33,325.00
CA DCCS 5,111.38
TOTAL 2,679,170.78
Attachment B | 02252026 |2/4/2026 | 8:48 AM (AM) 1 | 1
B – Page 22 of 263
ATTACHMENT C
AP Check Reconciliation
Register for January 15, 2026
B – Page 23 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028587 01/15/2026 PRINTED 100824 15000 INC 4,920.00
2028588 01/15/2026 PRINTED 105579 ANDREW ABDUL-WAHAB 1,746.00 2028589 01/15/2026 PRINTED 101208 ABM AVIATION INC 91,833.26 2028590 01/15/2026 PRINTED 100390 ADDICTION MEDICINE CONSUL 2,280.00 2028591 01/15/2026 PRINTED 016698 PAUL AGREGADO 341.64
2028592 01/15/2026 PRINTED 100154 AL MILLER AND SONS ROOFIN 46,300.00 2028593 01/15/2026 PRINTED 100755 ALTA LANGUAGE SERVICES IN 351.00 2028594 01/15/2026 PRINTED 016012 LUIS ALVAREZ 1,500.00 2028595 01/15/2026 PRINTED 100572 AMAZON COM 86.59
2028596 01/15/2026 PRINTED 103781 AMAZON.COM SALES INC 3,953.09 2028597 01/15/2026 PRINTED 101380 AMERICAN MEDICAL RESPONSE 4,431.00 2028598 01/15/2026 PRINTED 105343 AQUA FITNESS SOLUTIONS LL 1,758.41 2028599 01/15/2026 PRINTED 011090 GUSTAVO ARAIZA 181.03 2028600 01/15/2026 PRINTED 103528 ARCHITECTURAL RESOURCES G 8,678.25 2028601 01/15/2026 PRINTED 101049 MARY BARSALEAU 652.40 2028602 01/15/2026 PRINTED 105575 HANK BATES 1,090.00
2028603 01/15/2026 PRINTED 016638 STEPHEN BELAUSKAS 3,095.62 2028604 01/15/2026 PRINTED 104534 BENEVATE LLC 11,040.00 2028605 01/15/2026 PRINTED 100366 BIO TOX LABORATORIES 3,525.00 2028606 01/15/2026 PRINTED 101696 BLACK AND WHITE EMERGENCY 6,136.67 2028607 01/15/2026 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 125,000.00 2028608 01/15/2026 PRINTED 100128 BRODART CO 12,232.00
2028609 01/15/2026 PRINTED 016021 CHAD BROWN 236.50
2028610 01/15/2026 PRINTED 100351 BRUDVIK INC 4,254.50
2028611 01/15/2026 PRINTED 100623 CA BUILDING STANDARDS COM 2,001.60 2028612 01/15/2026 PRINTED 103633 CARAHSOFT TECHNOLOGY CORP 139,731.52 2028613 01/15/2026 PRINTED 100112 CDW GOVERNMENT INC 2,979.91 2028614 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 170.00 2028615 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2028616 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2028617 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,333.22 2028618 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 266.66 2028619 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2028620 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,708.12 2028621 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2028622 01/15/2026 PRINTED 100353 CHARTER COMMUNICATIONS 1,570.00 2028623 01/15/2026 PRINTED 100044 STATE OF CALIFORNIA - CAL 19,266.28 2028624 01/15/2026 PRINTED 100558 CINTAS CORPORATION 534.77 2028625 01/15/2026 PRINTED 016190 JAVIER CLIFT 203.34
2028626 01/15/2026 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 14,200.00 2028627 01/15/2026 PRINTED 100928 COLANTUONO HIGHSMITH AND 504.00 2028628 01/15/2026 PRINTED 104778 COMMONWEALTH BUSINESS BAN 68,323.11 2028629 01/15/2026 PRINTED 105533 COMPUNET INC 73,524.00 2028630 01/15/2026 PRINTED 104051 CONVERGINT TECHNOLOGIES L 1,124.84 2028631 01/15/2026 PRINTED 015898 JOSEPH COOK 630.23
2028632 01/15/2026 PRINTED 100205 NANCY K BOHL INC 2,000.00 2028633 01/15/2026 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 9,692.00 2028634 01/15/2026 PRINTED 100088 COUNTY OF RIVERSIDE 14,918.61 2028635 01/15/2026 PRINTED 100751 COUNTY OF RIVERSIDE 6,000.00 2028636 01/15/2026 PRINTED 010915 JARVIS CRAWFORD 51.66 2028637 01/15/2026 PRINTED 100123 CALIFORNIA SOCIETY OF MUN 800.00 2028638 01/15/2026 PRINTED 100490 COACHELLA VALLEY CONSERVA 6,811.20
B – Page 24 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028639 01/15/2026 PRINTED 104833 TREVOR J DALEY 34,268.91 2028640 01/15/2026 PRINTED 016481 RON DEHARTE 750.91 2028641 01/15/2026 PRINTED 100091 DEPARTMENT OF CONSERVATIO 950.05 2028642 01/15/2026 PRINTED 100378 DEPARTMENT OF INDUSTRIAL 139,387.33 2028643 01/15/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 525.00 2028644 01/15/2026 PRINTED 103589 DESERT ARC 45.00 2028645 01/15/2026 PRINTED 103589 DESERT ARC LANDSCAPING 22,971.00 2028646 01/15/2026 PRINTED 101041 CARLA L PAUL 5,150.00 2028647 01/15/2026 PRINTED 100048 DESERT FIRE EXTINGUISHER 5,272.97 2028648 01/15/2026 PRINTED 100008 GANNETT CALIFORNIA LOCAL 5,704.50 2028649 01/15/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 34,049.61 2028650 01/15/2026 PRINTED 104812 DIGITALRADIUS 5,512.50 2028651 01/15/2026 PRINTED 100676 DIVISION OF THE STATE ARC 542.00 2028652 01/15/2026 PRINTED 100393 GERGIS YOUSEF 4,840.00 2028653 01/15/2026 PRINTED 100984 DTPS C-15 LLC 3,477.83 2028654 01/15/2026 PRINTED 016722 CHRIS DUARTE 1,860.40 2028655 01/15/2026 PRINTED 100294 DUDEK 37,760.00 2028656 01/15/2026 PRINTED 100294 DUDEK 43,042.97 2028657 01/15/2026 PRINTED 016739 TRISTAN DUNCAN 1,505.72 2028658 01/15/2026 PRINTED 015813 FRANCISCO J DURAN 651.86 2028659 01/15/2026 PRINTED 101179 MARIANA DUSPIVA 2,093.00 2028660 01/15/2026 PRINTED 100054 DESERT WATER AGENCY 53,831.87 2028661 01/15/2026 PRINTED 100054 DESERT WATER AGENCY 39,437.33 2028662 01/15/2026 PRINTED 100054 DESERT WATER AGENCY 33,002.75 2028663 01/15/2026 PRINTED 100054 DESERT WATER AGENCY 2,896.51 2028664 01/15/2026 PRINTED 016598 BROOKLYN EDNEY 2,580.00 2028665 01/15/2026 PRINTED 100305 EISENHOWER MEDICAL CENTER 1,200.00 2028666 01/15/2026 PRINTED 100274 ENGINEERING RESOURCES OF 1,770.00 2028667 01/15/2026 PRINTED 015902 DAVID ETCHASON 2,350.00 2028668 01/15/2026 PRINTED 103451 FIESTA FORD INC 484.16 2028669 01/15/2026 PRINTED 100395 FRIENDS OF THE PALM SPRIN 2,210.65 2028670 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 105.25 2028671 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,145.81 2028672 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 8,911.68 2028673 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 3,076.73 2028674 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 512.38 2028675 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 871.70 2028676 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2028677 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 892.83 2028678 01/15/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,360.00 2028679 01/15/2026 PRINTED 105480 NARC DESTROYER LLC 9,600.00 2028680 01/15/2026 PRINTED 104595 GENESIS FLOOR COVERING IN 274,192.00 2028681 01/15/2026 PRINTED 100169 GENSLER 588.00 2028682 01/15/2026 PRINTED 016514 NIKKI GOMEZ 546.94 2028683 01/15/2026 PRINTED 016452 JACOB GONZALEZ 569.54 2028684 01/15/2026 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 1,860.40 2028685 01/15/2026 PRINTED 100480 GREATER PALM SPRINGS ANIM 109,612.00 2028686 01/15/2026 PRINTED 101733 GRAINGER 1,086.87 2028687 01/15/2026 PRINTED 100681 GREATER PALM SPRINGS PRID 25,000.00 2028688 01/15/2026 PRINTED 016634 JESSE GRIJALVA 1,168.69 2028689 01/15/2026 PRINTED 103998 JANE M GUY 878.50 2028690 01/15/2026 PRINTED 101149 STACI HALL 3,289.92
B – Page 25 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028691 01/15/2026 PRINTED 101343 HARRIS AND ASSOCIATES INC 81,645.46 2028692 01/15/2026 PRINTED 101343 HARRIS & ASSOCIATES 119,862.12 2028693 01/15/2026 PRINTED 015884 WALTER HAYS 440.00 2028694 01/15/2026 PRINTED 100729 HIRE RIGHT LLC 816.04 2028695 01/15/2026 PRINTED 105386 HOWARD INDUSTRIES INC 14,488.55 2028696 01/15/2026 PRINTED 100107 INTERNATIONAL INSTITUTE O 135.00 2028697 01/15/2026 PRINTED 101421 IMPRESSION DESIGN GROUP 9,359.22 2028698 01/15/2026 PRINTED 100483 INFOSAT 240.03 2028699 01/15/2026 PRINTED 016543 FRANCIS J INGRASSIA 1,865.33 2028700 01/15/2026 PRINTED 105050 GMAT INC 4,115.00 2028701 01/15/2026 PRINTED 101333 INNOVATIVE INTERFACES INC 34,851.26 2028702 01/15/2026 PRINTED 104298 INTERVISTAS CONSULTING US 26,012.24 2028703 01/15/2026 PRINTED 101727 IRON MOUNTAIN 613.59 2028704 01/15/2026 PRINTED 101364 IT1 SOURCE LLC 84,442.32 2028705 01/15/2026 PRINTED 101700 JNS MEDIA SPECIALISTS INC 18,684.71 2028706 01/15/2026 PRINTED 100488 JOEY ENGLISH PRODUCTIONS 1,200.00 2028707 01/15/2026 PRINTED 101249 JOHNSON CONTROLS US HOLDI 21,841.50 2028708 01/15/2026 PRINTED 016028 JEAN-MARIE KEOUGH 68.18 2028709 01/15/2026 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 92,028.28 2028710 01/15/2026 PRINTED 105114 KOCH FILTER CORPORATION 5,593.88 2028711 01/15/2026 PRINTED 100127 L N CURTIS AND SONS 2,692.54 2028712 01/15/2026 PRINTED 101475 LA PRENSA HISPANA INC 750.00 2028713 01/15/2026 PRINTED 100012 LEAGUE OF CALIFORNIA CITI 18,545.00 2028714 01/15/2026 PRINTED 101713 LESAR DEVELOPMENT CONSULT 117,010.00 2028715 01/15/2026 PRINTED 101260 THE LLOYD PEST CONTROL 1,656.00 2028716 01/15/2026 PRINTED 016461 GUSTAVO LOZA 796.41 2028717 01/15/2026 PRINTED 016433 CHLOE MASON 322.67 2028718 01/15/2026 PRINTED 100074 MATICH CORPORATION 74,626.93 2028719 01/15/2026 PRINTED 101253 PYE BARKER / FIRE PROTECT 6,461.56 2028720 01/15/2026 PRINTED 104269 MEAD AND HUNT INC 89,076.87 2028721 01/15/2026 PRINTED 104365 MEDIWASTE DISPOSAL LLC 50.00 2028722 01/15/2026 PRINTED 101798 MIDWEST TAPE INC 5,694.93 2028723 01/15/2026 PRINTED 100079 MOHICA TOWING 473.80 2028724 01/15/2026 PRINTED 015596 VICTOR MOROLES 205.54 2028725 01/15/2026 PRINTED 101855 MOTOWORX GARAGE 756.54 2028726 01/15/2026 PRINTED 104922 MAURO P GARCIA 170,600.25 2028727 01/15/2026 PRINTED 101211 NAI CONSULTING 8,163.00 2028728 01/15/2026 PRINTED 016467 KENNETH NELSON 440.00 2028729 01/15/2026 PRINTED 104404 NETWORK SERVICES COMPANY 1,403.62 2028730 01/15/2026 PRINTED 104057 DONNA S NEWTON 1,883.00 2028731 01/15/2026 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2028732 01/15/2026 PRINTED 103572 NV5 INC 38,898.00 2028733 01/15/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 5,451.36 2028734 01/15/2026 PRINTED 105470 GLOBAL SPECTRUM LP 83,333.33 2028735 01/15/2026 PRINTED 105470 GLOBAL SPECTRUM LP 191,663.75 2028736 01/15/2026 PRINTED 105470 GLOBAL SPECTRUM LP 34,886.11 2028737 01/15/2026 PRINTED 105470 GLOBAL SPECTRUM LP 31,110.98 2028738 01/15/2026 PRINTED 105333 PACIFIC CASTLE RIMROCK LL 13,862.31 2028739 01/15/2026 PRINTED 016680 DANIEL PAJONK 1,260.36 2028740 01/15/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 6,525.00 2028741 01/15/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 250.00 2028742 01/15/2026 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.78
B – Page 26 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028743 01/15/2026 PRINTED 105016 PB LOADER CORPORATION 227,521.13 2028744 01/15/2026 PRINTED 016717 CYNTHIA PECK 282.91 2028745 01/15/2026 PRINTED 105188 PISTONBONES PRINTING 1,128.43 2028746 01/15/2026 PRINTED 105562 PLAZA LAS FLORES LLC 15,000.00 2028747 01/15/2026 PRINTED 101292 PROFESSIONAL MEDICAL WARE 977.38 2028748 01/15/2026 PRINTED 100596 PROPER SOLUTIONS INC 8,122.21 2028749 01/15/2026 PRINTED 100654 PS RESORTS 120,590.48 2028750 01/15/2026 PRINTED 105518 PALM SPRINGS SMALL HOTEL 73,185.20 2028751 01/15/2026 PRINTED 105243 QUALITY FENCE CO INC 6,054.60 2028752 01/15/2026 PRINTED 104325 MICHAEL SCARCELLA 4,500.00 2028753 01/15/2026 PRINTED 105380 RIVCO MECHANICAL SERVICES 11,795.49 2028754 01/15/2026 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 373,855.50 2028755 01/15/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 198.00 2028756 01/15/2026 PRINTED 100628 RIVERSIDE COUNTY CLERK 198.00 2028757 01/15/2026 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 1,219.15 2028758 01/15/2026 PRINTED 101809 RIVERSIDE TOP SCALE INC 265.00 2028759 01/15/2026 PRINTED 103678 ROADRUNNER PRINTING AND S 1,568.84 2028760 01/15/2026 PRINTED 105034 ROBSON HANDLING TECHNOLOG 33,566.74 2028761 01/15/2026 PRINTED 105564 GARRETT ROGALIA 400.00 2028762 01/15/2026 PRINTED 015992 RYLEE BATES 48.00 2028763 01/15/2026 PRINTED 101542 SC COMMERCIAL 78,252.49 2028764 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,520.83 2028765 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 295.29 2028766 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 329.46 2028767 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 78,445.94 2028768 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 236.07 2028769 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 55.29 2028770 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 169.28 2028771 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 373.68 2028772 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 26.29 2028773 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 3,274.93 2028774 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 62,593.24 2028775 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 864.23 2028776 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 288.37 2028777 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,591.43 2028778 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.60 2028779 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 160.14 2028780 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 145.27 2028781 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,843.55 2028782 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 32,748.30 2028783 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 113.02 2028784 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 38.26 2028785 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 8,058.91 2028786 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 68.26 2028787 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 119.20 2028788 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 117.55 2028789 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 224.40 2028790 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 682.44 2028791 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 5,804.92 2028792 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 152.13 2028793 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 15,072.82 2028794 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 45.12
B – Page 27 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028795 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 27.64 2028796 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 15,784.09 2028797 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 162.47 2028798 01/15/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 982.79 2028799 01/15/2026 PRINTED 100669 SESAC INC 1,278.00 2028800 01/15/2026 PRINTED 100435 THE SHREDDERS 59.00 2028801 01/15/2026 PRINTED 015814 KATHLEEN SIMONETTE 251.15 2028802 01/15/2026 PRINTED 103659 LARA HANCOCK 808.44 2028803 01/15/2026 PRINTED 016462 BRAYDEN SMITH 440.00 2028804 01/15/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 1,505.69 2028805 01/15/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 16.05 2028806 01/15/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29,510.63 2028807 01/15/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 43.76 2028808 01/15/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 9,920.11 2028809 01/15/2026 PRINTED 104441 SOUTHSTAR ENGINEERING AND 31,298.75 2028810 01/15/2026 PRINTED 100120 SPOK INC 53.75 2028811 01/15/2026 PRINTED 101356 ST FRANCIS ELECTRIC LLC 49,118.80 2028812 01/15/2026 PRINTED 103782 T-MOBILE USA INC 165.00 2028813 01/15/2026 PRINTED 100900 TERRA NOVA PLANNING AND R 13,178.90 2028814 01/15/2026 PRINTED 103031 TROVAO AND ASSOCIATES INC 63,128.50 2028815 01/15/2026 PRINTED 105479 THE GORDIAN GROUP INC 8,887.29 2028816 01/15/2026 PRINTED 105514 CRM PARTNERS LLC 2,250.00 2028817 01/15/2026 PRINTED 104579 THOMAS S KLISE COMPANY 75.46 2028818 01/15/2026 PRINTED 104184 TK ELEVATOR CORPORATION 27,928.71 2028819 01/15/2026 PRINTED 016602 NOELLE TOERING 227.28 2028820 01/15/2026 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2028821 01/15/2026 PRINTED 100301 TRI STAR CONTRACTING INC. 9,200.00 2028822 01/15/2026 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,850.00 2028823 01/15/2026 PRINTED 102712 TSG ENTERPRISES, INC. 23,136.00 2028824 01/15/2026 PRINTED 104834 UNIFIRST CORPORATION 843.04 2028825 01/15/2026 PRINTED 100405 UNION PACIFIC RAILROAD CO 2,087.45 2028826 01/15/2026 PRINTED 100114 UNITED RENTALS 1,459.58 2028827 01/15/2026 PRINTED 104368 UNIVERSAL GREEN LLC 78,629.22 2028828 01/15/2026 PRINTED 016737 JULIO URIBE 1,505.72 2028829 01/15/2026 PRINTED 100384 US BANK 6,300.00 2028830 01/15/2026 PRINTED 016144 JACOB VALDIVIA 158.25 2028831 01/15/2026 PRINTED 100200 VALLEY LOCK AND SAFE 212.50 2028832 01/15/2026 PRINTED 100066 VALLEY MAIL DELIVERY 3,656.00 2028833 01/15/2026 PRINTED 100129 VCA ANIMAL HOSPITALS INC 584.89 2028834 01/15/2026 PRINTED 104034 VERDE FACILITIES SERVICES 67,314.97 2028835 01/15/2026 PRINTED 100621 VERIZON BUSINESS 250.08 2028836 01/15/2026 PRINTED 100144 VERIZON WIRELESS 80.53 2028837 01/15/2026 PRINTED 100144 VERIZON WIRELESS 7,281.79 2028838 01/15/2026 PRINTED 100121 VISIT GREATER PALM SPRING 235,070.92 2028839 01/15/2026 PRINTED 100121 VISIT GREATER PALM SPRING 110,682.13 2028840 01/15/2026 PRINTED 101277 VOHNE LICHE KENNELS INC 16,394.00 2028841 01/15/2026 PRINTED 101220 WATERLINE TECHNOLOGIES IN 6,977.80 2028842 01/15/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 845.21 2028843 01/15/2026 PRINTED 105338 JURGEN WEISS 27,000.00 2028844 01/15/2026 PRINTED 100222 WEST COAST ARBORISTS INC 38,923.44 2028845 01/15/2026 PRINTED 101680 WEST COAST CODE CONSULTAN 71,754.00 2028846 01/15/2026 PRINTED 016057 KYLE WILSON 2,580.00
B – Page 28 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
FOR CASH ACCOUNT: 999 10005 FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2028847 01/15/2026 PRINTED 104635 WOODCLIFF CORPORATION 1,298,139.03 2028848 01/15/2026 PRINTED 100908 YAMADA SPA MANAGEMENT INC 364.00 2028849 01/15/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 2,283.37 263 CHECKS CASH ACCOUNT TOTAL 6,530,898.98 .00
B – Page 29 of 263
City of Palm Springs, CA
AP CHECK RECONCILIATION REGISTER
Report generated: 01/15/2026 10:45
User: PatrickW
Program ID: apchkrcn
UNCLEARED CLEARED
263 CHECKS FINAL TOTAL 6,530,898.98 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
B – Page 30 of 263
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2026
FROM: Scott C. Stiles, City Manager
BY: Procurement and Contracting Department
RECOMMENDATION:
Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2026.
STAFF ANALYSIS:
The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are approved by the City Manager, or such other delegated authority, pursuant to the signature authority. Palm Springs Municipal Code §7.01.04(8) requires a monthly report to be submitted to the City Manager.
These records do not indicate the issuance of payments, but the approval of agreements and purchase orders. The original contract documents are on file in the Office of the City Clerk, and purchase orders are on file in the Procurement and Contracting Department.
REVIEWED BY:
Procurement & Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:
A. City Manager or designee authorized agreements for January 2026 B. Purchase orders for January 2026
C – Page 31 of 263
ATTACHMENT A
Agreements
January 2026
C – Page 32 of 263
STAFF AUTHORIZED AGREEMENTS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT
TOTAL
AVIATION DEPARTMENT 26X003 RODENT, PEST ELIMINATION, CLEANING SERVICES ECOLAB $ 17,837.50
ECONOMIC
DEVELOPMENT 26F001 FAÇADE IMPROVEMENT GRANT VETIVER SALON $ 3,289.92
ECONOMIC
DEVELOPMENT 26I007 FOREIGN TRADE ZONE CONSULTANCY SERVICES ITC DELIGENCE INTERNATIONAL INC. $ 10,000.00 POLICE DEPARTMENT 26I006 CERTIFICATION OF RADARS AND LIDARS WILLIAM F DUNABLE $ 6,375.00 POLICE DEPARTMENT 26I012 DIGITAL RECRUITMENT STRATEGY BGF LLC DBA GAY DESERT GUIDE/OASIS MARKETING GROUP $ 6,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
26I002 PAINT AND PAINT SUPPLIES FOR DOWNTOWN
MAINTENANCE TRU-TONE PAINT $ 15,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
26I008 PURCHASE OF DESERT LANDSCAPING,ROCK AND
SUPPLIES SOUTHWEST BOULDER AND STONE $ 15,000.00
PUBLIC WORKS -
FACILITIES
MAINTENANCE
26I014
OUTFITTING TRAFFIC MANAGEMENT AND
DISTANCE MEASURING EQUIPMENT FOR PSPD
VEHICLES
ECH TOOLS LLC $ 13,758.72
RECREATION
DEPARTMENT 26I013 CERRITOS BASEBALL FIELD MAINTENANCE AND CLEANUP BACK NINE GREENS, INC $ 19,960.00
Page1 of 1
C – Page 33 of 263
ATTACHMENT B
Purchase Orders
- January 2026
C – Page 34 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001023 OPTICAL TRANSC. & PATCH CABLES FOR CORE
SWITCHES
FS COM INC $ 14,246.22
26001024 25B396 CITY A/V AND COUNCIL ANALYSIS TRIPEPI SMITH AND ASSOCIATES INC $ 4,845.00 26001050 25S275 25S275: PSPD POLICY AND PROCEDURES SOFTWARE LEXIPOL LLC $ 18,137.69 26001057 24B204 FIBER REPAIRS AND TERMINATIONS DATASTREAM TECHNOLOGY
CONSULTING
$ 15,842.41
26001067 CITY ADOBE RENEWAL IT1 SOURCE LLC $ 27,622.76 26001068 9300L SWITCHES FOR RECREATION INSIGHT PUBLIC SECTOR INC $ 17,320.68 26001069 A9194 TOWERS AND MONITORS FOR PD DISPATCH DELL MARKETING LP $ 52,420.71 26001073 DATAPILOT RENEWAL FOR PSPD DATAPILOT INC $ 1,095.00 26001082 25S463 25S463: BERLA TOOLKIT PURCHASE AND LICENSE BERLA CORPORATION $ 15,916.25 26001083 CISCO SMARTNET FOR NAV CENTER AND DHUC AMS.NET LLC $ 4,258.79 26001088 PDU FOR PD DOWNSTAIRS IDF CDW GOVERNMENT INC $ 606.64 26001101 A9276 EDOM HILL BUSS BAR GROUNDING REPAIR AIRWAVE COMMUNICATIONS
ENTERPRISES INC
$ 2,738.74
26001102 24B203 PSP FIBER PHYSICAL DISCOVERY (COND. INSP. & DOCU.)
VETERANS COMMUNICATION SERVICES
INC
$ 13,493.84
26001104 PSP – 22 COMMISSIONER TABLETS CDW GOVERNMENT INC $ 8,437.04 CITY CLERK 26000313 24C127 24C127: COPIER SUPPLIES AND MAINTENANCE
AGREEMENT
VISUAL EDGE INC $ 45,284.00
SPECIAL PROGRAMS
COMPLIANCE
26001071 SOCIAL EQUITY CANNABIS EDUCATION DESERT COMMUNITY COLLEGE DISTRICT $ 9,674.00 SUSTAINABILITY 26001048 REUSEABLE BAGS FOR UPCOMING EVENTS DESERT PROMOTIONAL EMBROIDERY LLC $ 4,594.83
COMMUNITY
DEVELOPMENT
26001070 25N484 ENCROACHMENT AGMNT YELLOW WARBLER &
DANCING RHINO
OLD LAS PALMAS NEIGHBORHOOD
ORGANIZATION
$ 25,000.00
26001015 24B129 24B129: HYDRO-JETTING & UNCLOG TOILET KINCAID INDUSTRIES INC $ 5,914.00 26001017 VILLAGEFEST T-SHIRTS- STAFF AND VOLUNTEERS GLEN ALAN COY $ 1,311.96 26001022 25I411 25I411 TRAIL HEAD SIGN&REPLACEMENT LETTERS
FOR TRAILS
SIGNARAMA $ 778.84
26001030 24B223 24B223: PORTABLE RESTROOMS RENTAL FOR MOVIE IN PAR
K
DIAMOND ENVIRONMENTAL SERVICES LP $ 338.26
26001031 24B223 24B223: PORTABLE RESTROOMS FOR FOLP & VD PARADE
DIAMOND ENVIRONMENTAL SERVICES LP $ 8,625.48
26001032 24B223 24B223: PORTABLE RESTROOMS FOR PS PRIDE
FESTIVAL
DIAMOND ENVIRONMENTAL SERVICES LP $ 22,403.59
RECREATION
DEPARTMENT
INFO TECHNOLOGY
Page1 of 6
C – Page 35 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001051 24I280 24I280: PORTABLE POWER GENERATOR & EQUIP.
RENTALS
BRUDVIK INC $ 717.00
26001054 24B129 CLEAR CLOGGED MAIN LINE AT DEMUTH FIELD 7 & 8 KINCAID INDUSTRIES INC $ 1,416.18 26001055 24B223 24B223: RENTAL OF PORTABLE RESTROOMS FOR
VILAGEFEST
DIAMOND ENVIRONMENTAL SERVICES LP $ 34,349.64
26001056 A9296 TOW SOUND STAGE FROM YARD TO RUTH HARDY 1- 23 RETURN
PLAZA TOWING INC $ 1,086.78
26001058 A9152 A9152: AMENDMENT #4; PARADE PRODUCTION 2025 RAY W PULVER JR $ 38,142.29 26001074 24I280 24I280: PORTABLE POWER GENERATORS & EQUIP.
RENTALS
BRUDVIK INC $ 1,944.00
26001084 25I411 25I411; PS STADIUM SCOREBOARD SIGNARAMA $ 5,969.06 26001085 24B129 CLEAR DRAINS SECOND VISIT FIELD 7 & 8 KINCAID INDUSTRIES INC $ 1,318.72 26001095 25I088 25I088: PHOTO BOOTH RENTAL - BREAKFAST W/ SANTA
JOSHUA DONLIN $ 1,500.00
26001107 23B148 23B148POOL HEATER SRVS, REBUILD BACKUP CHEM PUMPS.
WATERLINE TECHNOLOGIES INC $ 5,903.00
26001122 24B274 24B274: AMENDMENT NO.3; TREE LIGHTING
CEREMONY
VIVID STAGING SOLUTIONS $ 4,248.70
26001081 NARCOTICS TEST KITS ARROWHEAD SCIENTIFIC INC/DBA
ARROWHEAD FORENSICS
$ 1,079.57
26001090 23P385 23P385; COMPLETION OF YEAR TWO - ORT
PROGRAM
EVALCORP $ 46,637.50
26001103 26I006 LIDAR AND RADAR CERTIFICATION WILLIAM F DUNABLE $ 6,375.00 26001108 HELMET FOR PSPD MOTORCYCLE OFFICER PVP COMMUNICATIONS $ 1,987.01 26001046 EQUIPMENT TO OUTFIT NEW ENGINES L N CURTIS AND SONS $ 38,063.83 26001047 EQUIPMENT TO OUTFIT NEW ENGINES L N CURTIS AND SONS $ 2,344.74 22001060 A9005 BHS MAINT SERVICE CONTROLTOUCH SYSTEMS LLC $ 93,937.60 26001009 25P030 25P030 PSP APPRAISAL 1 PROPERTY - S.EAST ALEJO ROAD
CBRE INC $ 4,000.00
26001010 23Q236 PSP CONCEPT. DEV. FIS & N. CONCOURSE
EXPANSION
M ARTHUR GENSLER JR AND ASSOCIATES
INC
$ 33,000.00
26001012 24B211 24B211 PSP HOLIDAY DECORATIONS DECOR IQ LLC $ 4,305.61 26001025 25C405 PSP LIGHT TOWERS FOR OVERFLOW LOT SUNBELT RENTALS INC $ 1,587.95 26001026 23B224 PSP GTC ROOF REPAIR AL MILLER AND SONS ROOFING INC $ 800.00 26001027 23B224 PSP REPLACEMENT OF TSA CHECKPOINT ROOF AL MILLER AND SONS ROOFING INC $ 85,400.00
FIRE DEPARTMENT
AVIATION DEPARTMENT
POLICE DEPARTMENT
Page2 of 6
C – Page 36 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001028 25C220 PSP OPS, OPS SUP, SMS & EMER PLAN ADMIN
FURNITURE
GOFORTH & MARTI $ 7,681.25
26001059 25B157 PSP EMERGENCY REPAIR FOR CARGO ELEVATOR DOOR
VALLEY LOCK AND SAFE $ 403.74
26001060 24P031 PSP PASSANGER FACILITY CHARGE PROGRAM
MGMT SUPPORT
FRASCA AND ASSOCIATES LLC $ 15,000.00
26001061 24P031 PSP FINANCIAL PLANNING, RATES, CAP PROG
COMPLIANCE
FRASCA AND ASSOCIATES LLC $ 75,000.00
26001062 24P031 PSP MUNICIPAL ADVISRY, BENCHMRKNG, ON-CALL
SERVICE
FRASCA AND ASSOCIATES LLC $ 10,000.00
26001075 25B157 PSP STAIRWELL DELAYED EGRESS PANIC BAR VALLEY LOCK AND SAFE $ 6,528.78 26001092 25F428 25F428; PSP TRIBAL MONITORING-BHS EXPANSION
PROJECT
AGUA CALIENTE BAND OF CAHUILLA
INDIANS
$ 72,864.00
26001115 25B195 PSP EMERGENCY GLASS REPAIR AT CUSTOMS EMD CONSTRUCTION INC $ 4,472.00 26001116 25B195 PSP WINDOW & GLASS REPAIR N. CURBSIDE &
ALASKA DOOR
EMD CONSTRUCTION INC $ 15,530.40
26001117 23C004 PSP TRACK REPAIRS ON DOWN ESCALATOR TK ELEVATOR CORPORATION $ 139,929.94 26001118 25B157 PSP DELAYED EGRESS BAR AGUA CALIENTE
TERMINAL
VALLEY LOCK AND SAFE $ 5,619.72
26001006 24B387 24B387; LIGHTING REPAIR PALM SPRING ANIMAL
SHELTER
AARON HAN $ 8,200.00
26001007 24B387 24B387; TWO PEDESTAL REPLACEMENTS ON PALM CANYON
AARON HAN $ 35,100.00
26001008 FILTERS FOR VARIOUS LOCATIONS FOR Q1 OF 2026 KOCH FILTER CORPORATION $ 6,601.54 26001011 23S076 23S076; EMERGENCY SERVICE PUMP AT BELARDO
PARKING
PUMPMAN HOLDINGS LLC $ 2,015.00
26001013 25B056-R 25B056-R; RESTORATION & REMEDIATION ANIMAL
SHELTER
SUMMIT LAKE PARK EAGLE RESTORATION
SYSTEMS LLC
$ 1,226.26
26001016 25I482 25I482; REFRIGERATION TRAILER FOR PS ANIMAL
SHELTER
CAESARS APPLIANCE SERVICE INC $ 5,627.00
26001019 24B186 24B186; EXPLORATORY DEMOLITION - CITY HALL LOBBY
MAURO P GARCIA $ 1,508.00
26001021 A9186 A9186; CHEMICALS FOR CITY BUILDINGS AND
COGEN PLANT
NALCO COMPANY $ 18,213.72
26001029 NEW REPLACEMENT PUMP FOR POLICE TRAINING
CENTER
ALLIED REFRIGERATION INC $ 823.72
FACILITIES
MAINTENANCE
Page3 of 6
C – Page 37 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001033 23B101 23B101; INSTALL NEW HORN STROBE AT DEMUTH
COMMUNITY CENTER
FIRE PROTECTION SERVICE CORPORATION $ 315.74
26001034 23B101 23B101; INSTALL NEW HORN STROBE AT CITY HALL FIRE PROTECTION SERVICE CORPORATION $ 327.93 26001035 23B101 23B101; INSTALL TWO NEW OUTSIDE BELLS DH PARK FIRE PROTECTION SERVICE CORPORATION $ 422.83 26001036 23B046 23B046; SEMI-ANNUAL KITCHEN FIRE SUPPRESSION
PAVILION
DESERT FIRE EXTINGUISHER CO INC $ 284.89
26001037 23B046 23B046; SEMI-ANNUAL KITCHEN FIRE SUPPRESSION DEMUTH
DESERT FIRE EXTINGUISHER CO INC $ 245.50
26001038 23B046 23B046; SEMI-ANNUAL KITCHEN FIRE SUPPRESSION FS#2
DESERT FIRE EXTINGUISHER CO INC $ 314.38
26001039 23B046 23B046; SEMI-ANNUAL KITCHEN FIRE SUPPRESSION DH PAR
K
DESERT FIRE EXTINGUISHER CO INC $ 284.89
26001040 23B101 23B101; REPLACE HORN STROBE AT MUNI COGEN PLANT
FIRE PROTECTION SERVICE CORPORATION $ 339.82
26001041 24B291 24B291; REPLACEMENT CHAIN & PROGRAM 4
TRANSMITTERS
GMAT INC $ 787.00
26001043 25B056-R 25B056-R; PSAS WATER CLARIFIER PUMPING &
HYDROJETT
SUMMIT LAKE PARK EAGLE RESTORATION
SYSTEMS LLC
$ 4,380.14
26001044 25B216 25B216; SERVICE AND REPAIR COOLING TOWER AT ANNEX
RIVCO MECHANICAL SERVICES INC $ 15,546.00
26001045 24B291 24B291; FIRE STATION #2 REPLACEMENT DOOR GMAT INC $ 27,300.00 26001052 PLUMBING SUPPLIES FOR THE MAIN WATER LINE AT
PAVILLION
HAJOCA CORPORATION $ 2,177.03
26001063 A9065 A9065; UPGRADE PANIC BARS ON DOOR TO ALLOW ENTRY
VALLEY LOCK AND SAFE $ 2,156.36
26001064 24B022 24B022; ACM AND LEAD SURVEY, CITY HALL IT TERRACON CONSULTANTS INC $ 2,748.00 26001065 24B129 24B129; CLOGGED DRAIN IN RESTROOM AT
NAVIGATION CENTER
KINCAID INDUSTRIES INC $ 1,225.00
26001066 24B289 24B217; REPAINTING DT DECORATIVE
POLES/ARCHWAYS
VIVID ACCENT PAINTING CO $ 139,950.00
26001072 24B272 24B272; GAS LINE INVESTIGATIONS AND CORE
DRILLING
KINCAID INDUSTRIES INC $ 13,568.79
26001076 25I105 25I105; VICTORIA PARK PLANS - BLUEPRINTS CANYON COPY AND PRINT INC $ 67.74 26001077 24B186 24B186; REPAIR CITY HALLS LOBBY DOOR MAURO P GARCIA $ 3,032.00 26001078 24B129 24B129; SERVICE TANKLESS WATER HEATER FOR PSPD
KINCAID INDUSTRIES INC $ 1,397.39
Page4 of 6
C – Page 38 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001079 24B022 24B022; ADD'L TESTING N BELARDO RD AND N
MUSEUM DRIVE
TERRACON CONSULTANTS INC $ 2,448.00
26001080 24B129 24B129; REPAIRS FOR THE COGEN HOT WATER LINE KINCAID INDUSTRIES INC $ 94,099.01 26001086 23B101 23B101; TROUBLESHOOTING AT THE NAVIGATION CENTER
FIRE PROTECTION SERVICE CORPORATION $ 1,821.17 26001087 A8470 A8470; SUNRISE PLAZA HVAC IMPROVEMENTS/BAS
UPGRADE
OPTERRA ENERGY SERVICES LLC $ 45,376.00
26001089 25B216 25B216; PAVILION DUCTWORK RIVCO MECHANICAL SERVICES INC $ 10,959.00 26001094 PURCHASE OF HVAC MAINTENANCE PARTS CITY-
WIDE
ALLIED REFRIGERATION INC $ 6,653.49
26001096 ICE MACHINE REPAIR PARTS FOR FIRE STATION #5 ALLIED REFRIGERATION INC $ 851.65 26001097 LEISURE HOT WATER PUMP SEAL ALLIED REFRIGERATION INC $ 197.64 26001099 A9065 A9065; ON-CALL LOCKSMITH SERVICES VALLEY LOCK AND SAFE $ 10,000.00 26001100 25B040 25B040; FIRE STATION #5 BATHROOM REMODEL GLOBAL BUILDERS INC $ 74,802.96 26001105 REPAIR PARTS FOR THE HVAC AT ANNEX ALLIED REFRIGERATION INC $ 187.64 26001109 25I401 25I401; BARRICADES RENTAL FOR WELLNESS RUN TOPS N BARRICADES INC $ 884.00 26001119 HEATING CONTROL BOARD AND SPARK IGNITION ALLIED REFRIGERATION INC $ 309.72 26001120 GASKET SEAL KIT FOR CHILLED WATER PUMP CO-
GEN MUNI PLANT
ALLIED REFRIGERATION INC $ 785.05
26001121 AUTOMATIC GREASER FOR BEARINGS IN COOLING
TOWERS
ALLIED REFRIGERATION INC $ 913.22
26001018 A9190 A9190; EMERGENCY TOWING SERVICE FOR CITY
VEHICLES
MOHICA TOWING $ 10,000.00
26001042 A9230 A9230; SERVICE WORK FOR UNIT 609 GERGIS YOUSEF $ 476.00 26001091 24I182 24I182; FORD F-250 FIRE BC BUILD UNIT 254 10-8 RETROFIT INC $ 23,953.61 26001110 26I014 26I014; OUTFITTING 2 UNITS TRAFFIC MANAGEMENT
EQUIPMENT
ECH TOOLS LLC (MATCO TOOL
DISTRIBUTOR)
$ 13,758.72
26001020 25C048 25C048; MECHANICAL BROOM TO CLEAN
CHRISTMAS STORM
UNITED RENTALS $ 2,333.58
26001049 25I401 25I401; BARRICADE RENTAL FOR SANTA PAWS RUN TOPS N BARRICADES INC $ 444.00 26001106 25I401 25I401; BARRICADES RENTAL FOR TOUR DE PLAM
SPRINGS
TOPS N BARRICADES INC $ 11,224.00
26001111 25I401 25I401; BARRICADE RENTAL FOR SPIRIT SPORTS TOPS N BARRICADES INC $ 680.00
STREETS MAINTENANCE
FLEET OPERATIONS
Page5 of 6
C – Page 39 of 263
PURCHASE ORDERS
JANUARY 1, 2026 - JANUARY 31, 2026
DEPT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL
26001113 A9192 A9192; CITY WIDE SIGN REPLACEMENT PACIFIC PRODUCTS AND SERVICES LLC $ 12,186.40
DOWNTOWN PARKS
MAINTENANCE
26001098 VACUUM PUMP AND PARTS HERITAGE POOL SUPPLY GROUP INC $ 2,284.05
ECONOMIC
DEVELOPMENT
26001093 25I462 25I462: EDITING SERVICES AND TAILOR
CONSULTANT
DRAG & FLY TOURS INC $ 2,500.00
*Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefor e, the PO issued is an order against the contract.
Page6 of 6
C – Page 40 of 263
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 CONSENT CALENDAR
SUBJECT: SECOND READING OF AN ORDINANCE ADDING CHAPTER 5.27 TO
THE PALM SPRINGS MUNICIPAL CODE, RESTRUCTURING THE
CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM (CITYWIDE)
FROM: Scott C. Stiles, City Manager
BY: Economic Development
SUMMARY:
This agenda item provides the City Council with the opportunity to conduct a second reading (adoption) of an ordinance adding a revised Hotel Operations Incentive Program.
The ordinance establishes a restructured and simplified citywide Hotel Operations Incentive Program. The existing Hotel Operations Incentive Program, first adopted in 2007 and amended in 2013, 2019, and 2023, has successfully stimulated hotel renovations over the last decade.
RECOMMENDATION:
Waive the full reading of the ordinance text in its entirety and read by title only; and conduct a second reading of Ordinance No. 2126, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM SPRINGS
MUNICIPAL CODE, RELATING TO A RESTRUCTURED HOTEL OPERATIONS INCENTIVE PROGRAM”
BACKGROUND:
On January 28, City staff presented an updated ordinance to revise Chapter 5.26 of the Palm Springs Municipal Code (Palm Springs Hotel Incentive Program), to be codified at Chapter 5.27 of the Palm Springs Municipal Code. The Council was generally supportive of the program but requested several additions to the program.
Specifically, the following updates were made to the draft Ordinance based on comments from the City Council:
D – Page 41 of 263
City Council Staff Report
February 25, 2026 -- Page 2
Second Reading (Adoption) of an Ordinance, Restructuring the City’s Hotel Operations Incentive Program
1. Provide a deadline in which a project participating in the incentive program must commence (i.e., set a date at which construction must begin following project approval from City Council). Recommended: 12 months;
2. Provide a deadline in which a project participating in the incentive program must be completed (i.e., set a date at which construction must end and Certificate of Occupancy must be issued). Recommended: 30 months;
3. Provide default provisions for operators who are enrolled in the incentive program but fail to stay current on transient occupancy tax payments;
4. Incorporate the 90/10 split of collected and remitted transient occupancy tax increment for first 5 years into Incentive Tier 1; (i.e., only the Base Tier does not receive the 90/10 split in first 5 years).
These revisions were presented to the City Council at the February 11, 2026 Council meeting, at which time the City Council conducted another first reading of the ordinance.
At the February 11, 2026 Council meeting, the Council also revised the ordinance’s language regarding participating operators who become delinquent in the payment of their TOT obligations. Specifically, the Council reduced the number of times that the City would send a notice/opportunity to cure, from four (4) to two (2), and the corresponding amount of time from 120 days to 60 days. This change was incorporated to the ordinance at the first reading and is contained in this version presented for second reading.
The Council voted unanimously to introduce the ordinance at the February 11, 2026 Council meeting.
Therefore, City staff and the City Attorney recommend that the City Council conduct a second reading (adoption) of this ordinance. If adopted, the ordinance would go into effect thirty (30) days following adoption.
A redlined version of the ordinance, showing all changes made since the January 28 accompanies this staff report as Attachment A. A clean copy of the ordinance accompanies this staff report as Attachment B.
ENVIRONMENTAL ASSESSMENT:
Unchanged from previous report.
FISCAL IMPACT:
Unchanged from January 28 staff report, other than this ordinance proposes expanding the 90/10 increment split to Tier 1 ($100,000/key). As a result, this would reduce the City’s TOT intake for projects in Tier 1 going forward.
D – Page 42 of 263
City Council Staff Report
February 25, 2026 -- Page 2
Second Reading (Adoption) of an Ordinance, Restructuring the City’s Hotel Operations Incentive Program
D – Page 43 of 263
City Council Staff Report
February 25, 2026 -- Page 3
Second Reading (Adoption) of an Ordinance, Restructuring the City’s Hotel Operations Incentive Program REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance No. 2126 – An Ordinance of the City of Palm Springs, California, Adding Chapter 5.27 to the Municipal Code “Hotel Operations Incentive Program” (Redline)
B. Ordinance No. 2126 – An Ordinance of the City of Palm Springs, California, Adding Chapter 5.27 to the Municipal Code “Hotel Operations Incentive Program” (Clean)
D – Page 44 of 263
55575.18270\44680722.1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CH APTER 5.27 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO A
RESTRUCTURED HOTEL OPERATIONS INCENTIVE
PROGRAM
City Attorney’s Summary
The existing hotel operations in centive program is limited to hotels constructed and/or renovated during specific periods of time, and over time, this has resulted in fewer hotels being eligible to apply for the program. This ordinance creates a restructured hotel operations incentive program with broader and more streamlined criteria to allow more hotels to apply for the program.
WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Section 5 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
WHEREAS, the City has an existing hotel operations incentive program set forth in Chapter 5.26 of the Palm Springs Municipal Code; and
WHEREAS, the ability of hotels to qualify for the existing hotel operations incentive program has become increasingly difficult due to specific criteria requiring that qualifying hotels have been constructed and/or renovated during specific periods of time; and
WHEREAS, the hotel operations in centive program generated an economic benefit to the City; and
WHEREAS, the City wishes to continue pr oviding a hotel operations incentive program while broadening the criteria to apply for the program; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the proposed ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are tr ue and correct and are incorporated herein by this reference as material findings in support of this Ordinance.
D – Page 45 of 263
55575.18270\44680722.1
SECTION 2. Chapter 5.27 is hereby added to the Palm Springs Municipal Code and reads as follows:
Chapter 5.27, Hotel Operations Incentive Program
5.27.010. Purpose.
5.27.020 Definitions.
5.27.030 Approval Process
5.27.040 Incentive Tiers.
5.27.050 Incentive Package Use Distribution.
5.27.060 Operating Covenants.
5.27.070 General Fund Revenues.
5.27.080 Administrative Rules and Regulations.
5.27.090 Program Sunset.
5.27.010. Purpose.
The purpose of this chapter is to provi de an incentive program for the operation and maintenance of hotel facilities which enhance the tourist and travel experience for visitors to the city of Palm Springs, maximize the use of the Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the city in achievi ng its tourism goals. In the im plementation of this hotel operations incentive program, the city council finds:
A. The general welfare and material wellbe ing of the residents of the city of Palm Springs depend in large measur e upon the growth and expansion of the tourism and travel industries in the city.
B. The operation, maintenance, and expansi on of the inventory of hotels in the city of Palm Springs will create desirabl e visitor serving facilities that will contribute to the growth and expansion of tourism and travel opportunities in the city, ensure utilization of the Convention Center, provide employment opportunities for the residents of the city, and promote and enhance the economy of the city.
C. It is in the best interest of the city of Palm Springs to induce and encourage the, operation, and maintenance of hotel facilities that would not otherwise exist, thereby creating new sources of tax revenues for the city’s general fund which supports the public services that the city provides its residents.
D. The authority granted and the purposes to be accomplished by this chapter are properly local governmental and public purposes for which public funds can be expended and that the operati on, maintenance, and expansion of the inventory of hotels is of paramount importance to the city of Palm Springs, its residents, and businesses.
D – Page 46 of 263
55575.18270\44680722.1
5.27.020 Definitions.
For the provisions of this chapter, the following definitions shall apply:
“Actual documented investment” or “ADI” means the total verifiable amount spent by the operator on a project developed pursuant to this chapter. ADI includes actual construction costs; furniture, fixtures, and equipment; and soft goods (e.g. bedding, towels, etc.). ADI does not includes professional services costs.
“Construction” means the process of making, building, fabricating, installing, and setting up tangible physical enhancements to a hotel that include without limitation, one or more of the following: (1) modification of an existing structure or amenity, (2) new or upgraded furniture, fixtures or equipment, and/or (3) new or upgraded landscaping. Construction may address hotel rooms, common areas, and/or other areas for guest use.
“Convention Center” means, collectively, the Palm Springs Convention Center located at 277 N. Avenida Caballeros, the Jackie Lee Houston Plaza located at the southwest comer of Amado Road and Calle Alvarado, and the East Lot (also known as the 8.86 acre parcel located at the northwest corner of Avenida Caballeros and Amado Road).
“Convention Center Hotel” means a hotel with 125 rooms or more, including onsite restaurant and bar, and at least a Tier 1 level investment.
“Entitlements” means all discretionary permits and approvals from the city required for the development of a project.
“Hotel” means any property containing guest rooms designed, intended, and used as transient occupancy accommodations in exchange for compensation, excluding short term rental properties.
“Operator” means the person who is proprietor of a hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such proprietor.
“Transient occupancy tax base” means t he average of the la st 36 months of annualized transient occupancy tax owed to the city by an existing hotel prior to the commencement of a qualified renovation program.
“Transient occupancy tax increment” means the difference between the transient occupancy tax base and the amount of trans ient occupancy tax owed to the city by an existing hotel after the recordation of the operating covenants by the city.
“Transient occupancy tax” or “TOT” means the tax described in Chapter 3.24 of this Code.
D – Page 47 of 263
55575.18270\44680722.1
“Transient occupancy” means an uninte rrupted stay of no more than 28 consecutive calendar days.
5.27.030 Approval Process
A. To apply for an incentive package pur suant to this chapter, the operator of a hotel shall complete and submit to the City Manager, the city’s application for participation in the hot el operations in centive program prior to receiving entitlements for the proposed project.
B. The application must:
1. Provide a general description of the project, the project location, projected tax revenue generation, estimated timeline and costs for project;
2. Specify the investment level in Section 5.27.040 that qualifies the project for a specific tier of the hotel operations incentive program; and
3. Include any other informati on as required by the city.
C. Upon receipt of a completed appl ication, City Manager or his/her designee will review the application and request that city staff perform a fiscal analysis of the proposal and requested incentive tier.
D. Following the completion of the fi scal analysis, the city will negotiate with the operator and develop a proposed incentive package which will be incorporated into a draft incentive package agreement for City Manager or City Council considerat ion and approval, along with the project’s entitlements.
1. The City Manager or his/her designee shall have discretionary approval over incentive packages awarded as part of the hotel operations incentive program valued at less than One
Hundred Thousand Dollars ($100,000.00).
2. The city shall process incentive packages awarded as part of the hotel operations incentive program valued at, or greater than, One Hundred Thousand Dollars ($100,000.00),
pursuant to all requirements of California Government Code 53083 applicable to grants of economic development
subsidies, and shall submit the incentive package agreement to City Council for approval.
E. Applications for the hotel operati ons incentive program shall be denied if the proposed project has already received entitlements from the city.
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F. The city shall not award an incent ive package that is greater than the amount equal to ADI.
G. The operator must operate at leas t 90% of the subject property as a hotel, and make a minimum investment of One Hundred Thousand ($10,000) per room of the subject hot el, to be eligible for an incentive package pursuant to this chapter.
H. Funding for the hotel operations incentive program, and the award of any incentive packages, is at sole discretion of the city and contingent on available TOT funds.
5.27.040 Incentive Tiers.
The amount of the incentive package t hat the city can award to an operator for their project is categorized into t he following tiers based on the specified factors. The term of an incentive program package agreement awarded based on any of the foll owing tiers shall commenc e on the date of the issuance of the certific ate of occupancy.
A. Base Tier. An operator investi ng a minimum of Ten Thousand Dollars ($10,000) per room is eligible to receive an amount equal to fifty (50) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code and such payments shall be made for a total of ten (10) years, or until the oper ator has received an amount equal to ADI, whichever event occurs first.
B. Tier 1. An operator investing a minimum of One Hundred Thousand Dollars ($100,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to fifty-five (55) percent, of the transient occupancy tax increment collected and remitted to the city purs uant to Chapter 3.24 of this code and such payments shall be made for a total of ten fifteen (1015) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
C. Tier 2. An operator in vesting a minimum of Two Hundred and Fifty Thousand Dollars ($225,000) per room is eligible to receive an amount equal to ninety (90) percent of the trans ient occupancy tax increment collected and remitted to the city pursuant to C hapter 3.24 of this code for five (5) years, thereafter decreasing to sixty (60) percent, and such payments shall be made for a total of twenty (20) years, or until the operat or has received an amount equal to ADI, whichever event occurs first.
D. Tier 3. An operator investing a mi nimum of Four Hundred and Fifty Hundred Thousand Dollars ($350,000) per room is eligible to receive an amount equal
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to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to sixty-five ( 65) percent, and such payments shall be made for a total of twenty-five (25) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
E. Tier 4. An operator investing a mi nimum of Seven Hundred and Fifty Hundred Thousand Dollars ($600,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to seventy-five (75) percent, and such payments shall be made for a total of thirty (30) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
F. Projects awarded an in centive package pursuant to this chapter, may be eligible for bonus incentives if the below criteria are met. An operator may only elect to receive one of the following bonuses to their incentive package.
1. Hotels that are Class 1 or Class 2 Historic Resources as defined in Palm Springs Municipal Code Chapter 8.05, shall be eligible to receive an additional five (5) percent of the transient occupancy tax increment collected and remitted to the city beginning in the sixth (6 th) year of
the incentive package agreement.
2. Convention Center Hotels shall be eligible to receive an additional ten (10) percent of the transient occupancy tax increment collected and remitted to the city begi nning in the sixth (6
th) year of the incentive
package agreement.
5.27.050 Incentive Package Use Distribution.
A. In order to receive distributi ons from an incentive package awarded pursuant to this chapter, the operator shall:
1. Obtain a building permit for the project within sixteen (16) months following the date t hat the City Council or City Manager approved the incentive package agreement;
1.2. Complete the project Obtain a certificate of occupancy for the project within thirty (30) months following obtaining a building permit for the projectand have received an approved
certificate of occupancy prior to reimbursement;
2.3. Provide the city with copies of permits and business licenses of contractor for construction of the project;
3.4. Demonstrate to the city the costs incurred using original receipts, invoices, construction drawings and/or other form of customarily recognized cost documentation;
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4.5. Maintain an active, operating city business license;
5.6. Remain current with all TOT pay ments, and other city fees and obligations, before, during, and after the term of the incentive program agreement; and
6.7. Provide any and all forms, documents, and records as may be reasonably requested by the city.
B. At least eighty (80) percent of di stributions received from an incentive package must be used towards costs associated with construction and furniture, fixtures, and equipm ent. No more than twenty (20) percent of distributions received from an incentive package may be used towards costs associated with soft goods.
C. The city reserves the right to withhold any distribution from an incentive package should operator viol ate any of the terms of this chapter. Except as set forth in Section 5.27.050(D), oOperator shall have the right to cure any violations of this chapter within 30 days of receiving a notice of such violation from the city.
D. Failure to Remain Current with TOT Payments
1. Should an operator fail to remain current with all TOT payments, pursuant to Section 5.27.050(A)(6), the city may issue a written notice to the operator, providing thirty (30) days to become current with all TOT payments.
If thirty (30) days passes from the date of receipt of the first notice and the operator is st ill not current with all TOT payments, the city shall be entitled to terminate the may issue a second notice to the operator pr oviding another thirty (30) days to become current with all TOT payments.
If thirty (30) days passes from the date of receipt of the second notice and the operator is st ill not current with all TOT payments, the city may issue a third and final notice to the operator providing another thirty (30) days to become current with all TOT payments.
1.2. If thirty (30) days passes from th e date of receipt of the third and final notice and the operator is still not current with all TOT payments, the incentive packa ge agreement shall terminate automatically and operator sha ll thereafter not be obligated entitled to any further distribut ions from the its incentive package.
5.27.060 Operating Covenants.
A. Each operator participating in the city ’s hotel operations incentive program shall execute an operating covenant agreement negotiated between the city
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and the operator, approved by the City Council, and recorded in the official records of Riverside County at or afterupon the issuance of the certificate of occupancy, against the property where the project receiving the incentive package is being developed.
B. No incentives, rebates, or credits authorized by this code shall be distributed for a project until the operating covenant agreement is approved and recorded against the property.
C. The term of the operating covenant agreement will run from the recording of the operating covenant agreement to the end of the specified term of the incentive package agreement or until the operator has received an amount equal to ADI, whichever event occurs first.
D. Each operating covenant agreement shall include:
1. A requirement that t he hotel operate as a hot el open to the public with rooms designed and intended as temporary or overnight accommodations.
2. A requirement that the hotel maintain the applicable qualifying criteria that its particular incentive was contingent on.
3. A requirement that laborers employ ed relative to the construction of the project be paid the prevailing per diem wage rate for their labor classification, as determined by t he State of California, pursuant to Labor Code Sections 1720, et seq. and Palm Springs Municipal Code Section 7.06.030(1), if the total cont ribution of the city exceeds Six Hundred Thousand Dollars ($600,000) and 2% of total project cost.
4. A general indemnification whereby the operator agrees, for itself and for its successors and assigns, to indemnify, defend with counsel acceptable to the city, and hold the city, together with its office rs, members, officials, employees, agents, volunteers, and representatives, harmless from and against any loss, liability, claim, or ju dgment arising from or related to the operator’s participation in the hotel operations incentive program pursuant to this chapter.
5. Provide the City, for public use, with a minimum of two (2) room nights per month from Monday to Thursday for official City use, subject to availability.
E. The City Council, in its sole discretion, may include other conditions in an operating covenant agreement to preserve the goals and intent of this chapter.
5.27.070 General Fund Revenues.
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Notwithstanding the provisions of Sections 3.24.030, 3.24.035, and 3.24.310 of this code, all transient occupancy tax revenues or transient occupancy tax increment remitted to the city by an operator of a hotel covered by operating covenants as provided in this chapter shall be deemed general fund revenues of the city and shall be deposited in the city’s general fund.
5.27.080 Administrative Rules and Regulations.
Consistent with the intent and goals of this chapter, the City Manager may adopt administrative rules and regulations for implementation and furtherance of the requirements of this chapter.
5.27.090 Program Sunset.
The hotel operations incentive program set forth in this chapter shall cease accepting applications on December 31, 2030.
(Ord. 1730 § 2, 2008; Ord. 1742 § 1, 2008; Ord. 1772 § 1, 2010; Ord. 1786 § 1, 2011; Ord. 1821 § 1, 2013; Ord. 1972 § 1, 2019; Ord. 2087, 9/14/2023)
SECTION 4. The City Council finds that the adoption of this Ordinance is exempt from the California Environment al Quality Act (CEQA) because it is the adoption of an ordinance, rule, or regulation that requires discretionary review, including environmental review, and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity (California Business and Professions Code sect ion 26055(h)) and because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines section 15061(b)(3)).
PASSED, APPROVED, AND ADOPTE D BY THE PALM SPRINGS CITY COUNCIL THIS _____ DAY OF ______________, 2026.
NAOMI SOTO
MAYOR
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC, CERA
C I T Y C L E R K
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ATTACHMENT B
(Ordinance No. 2126 - adding
Chapter 5.27 to the PSMC Clean)
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 5.27 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO A
RESTRUCTURED HOTEL OPERATIONS INCENTIVE
PROGRAM
City Attorney’s Summary
The existing hotel operations incentive program is limited to hotels constructed and/or renovated during specific periods of time, and over time, this has resulted in fewer hotels being eligible to apply for the program. This ordinance creates a restructured hotel operations incentive program with broader and more streamlined criteria to allow more hotels to apply for the program.
WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Section 5 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
WHEREAS, the City has an existing hotel operations incentive program set forth in Chapter 5.26 of the Palm Springs Municipal Code; and
WHEREAS, the ability of hotels to qualify for the existing hotel operations incentive program has become increasingly difficult due to specific criteria requiring that qualifying hotels have been constructed and/or renovated during specific periods of time; and
WHEREAS, the hotel operations incentive program generated an economic benefit to the City; and
WHEREAS, the City wishes to continue providing a hotel operations incentive program while broadening the criteria to apply for the program; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the proposed ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance.
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SECTION 2. Chapter 5.27 is hereby added to the Palm Springs Municipal Code and reads as follows:
Chapter 5.27, Hotel Operations Incentive Program
5.27.010. Purpose.
5.27.020 Definitions.
5.27.030 Approval Process
5.27.040 Incentive Tiers.
5.27.050 Incentive Package Use Distribution.
5.27.060 Operating Covenants.
5.27.070 General Fund Revenues.
5.27.080 Administrative Rules and Regulations.
5.27.090 Program Sunset.
5.27.010. Purpose.
The purpose of this chapter is to provide an incentive program for the operation and maintenance of hotel facilities which enhance the tourist and travel experience for visitors to the city of Palm Springs, maximize the use of the Convention Center, provide attractive and desirable visitor serving facilities and experiences, and assist the city in achieving its tourism goals. In the implementation of this hotel operations incentive program, the city council finds:
A. The general welfare and material wellbeing of the residents of the city of Palm Springs depend in large measure upon the growth and expansion of the tourism and travel industries in the city.
B. The operation, maintenance, and expansion of the inventory of hotels in the city of Palm Springs will create desirable visitor serving facilities that will contribute to the growth and expansion of tourism and travel opportunities in the city, ensure utilization of the Convention Center, provide employment opportunities for the residents of the city, and promote and enhance the economy of the city.
C. It is in the best interest of the city of Palm Springs to induce and encourage the, operation, and maintenance of hotel facilities that would not otherwise exist, thereby creating new sources of tax revenues for the city’s general fund which supports the public services that the city provides its residents.
D. The authority granted and the purposes to be accomplished by this chapter are properly local governmental and public purposes for which public funds can be expended and that the operation, maintenance, and expansion of the inventory of hotels is of paramou nt importance to the city of Palm Springs, its residents, and businesses.
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5.27.020 Definitions.
For the provisions of this chapter, the following definitions shall apply:
“Actual documented investment” or “ADI” means the total verifiable amount spent by the operator on a project developed pursuant to this chapter. ADI includes actual construction costs; furniture, fixtures, and equipment; and soft goods (e.g. bedding, towels, etc.). ADI does not includes professional services costs.
“Construction” means the process of making, building, fabricating, installing, and setting up tangible physical enhancements to a hotel that include without limitation, one or more of the following: (1) modification of an existing structure or amenity, (2) new or upgraded furniture, fixtures or equipment, and/ or (3) new or upgraded landscaping. Construction may address hotel rooms, common areas, and/or other areas for guest use.
“Convention Center ” means , collectively, the Palm Springs Convention Center located at 277 N. Avenida Caballeros, the Jackie Lee Houston Plaza located at the southwest comer of Amado Road and Calle Alvarado, and the East Lot (also known as the 8.86 acre parcel located at the northwest corner of Avenida Caballeros and Amado Road).
“Convention Center Hotel” means a hotel with 125 rooms or more, including onsite restaurant and bar, and at least a Tier 1 level investment.
“Entitlements” means all discretionary permits and approvals from the city required for the development of a project.
“Hotel” means any property containing guest rooms designed, intended, and used as transient occupancy accommodations in exchange for compensation, excluding short term rental properties.
“Operator” means the person who is proprietor of a hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such proprietor.
“Transient occupancy tax base” means the average of the last 36 months of annualized transient occupancy tax owed to the city by an existing hotel prior to the commencement of a qualified renovation program.
“Transient occupancy tax increment” means the difference between the transient occupancy tax base and the amount of transient occupancy tax owed to the city by an existing hotel after the recordation of the operating covenants by the city.
“Transient occupancy tax” or “TOT” means the tax described in Chapter 3.24 of this Code.
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“Transient occupancy” means an uninterrupted stay of no more than 28 consecutive calendar days.
5.27.030 Approval Process
A. To apply for an incentive package pursuant to this chapter, the operator of a hotel shall complete and submit to the City Manager, the city’s application for participation in the hotel operations incentive program prior to receiving entitlements for the proposed project.
B. The application must:
1. Provide a general description of the project, the project location, projected tax revenue generation, estimated timeline and costs for project;
2. Specify the investment level in Section 5.27.040 that qualifies the project for a specific tier of the hotel operations incentive program; and
3. Include any other information as required by the city.
C. Upon receipt of a completed application, City Manager or his/her designee will review the application and request that city staff perform a fiscal analysis of the proposal and requested incentive tier.
D. Following the completion of the fiscal analysis, the city will negotiate with the operator and develop a proposed incentive package which will be incorporated into a draft incentive package agreement for City Manager or City Council consideration and approval, along with the project’s entitlements.
1. The City Manager or his/her designee shall have discretionary approval over incentive packages awarded as part of the hotel operations incentive program valued at less than One
Hundred Thousand Dollars ($100,000.00).
2. The city shall process incentive packages awarded as part of the hotel operations incentive program valued at, or greater than, One Hundred Thousand Dollars ($100,000.00),
pursuant to all requirements of California Government Code 53083 applicable to grant s of economic development
subsidies, and shall submit the incentive package agreement to City Council for approval.
E. Applications for the hotel operations incentive program shall be denied if the proposed project has already received entitlements from the city.
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F. The city shall not award an incentive package that is greater than the amount equal to ADI.
G. The operator must operate at least 90% of the subject property as a hotel, and make a minimum investment of One Hundred Thousand ($10,000) per room of the subject hotel, to be eligible for an incentive package pursuant to this chapter.
H. Funding for the hotel operations incentive program, and the award of any incentive packages, is at sole discretion of the city and contingent on available TOT funds.
5.27.040 Incentive Tiers.
The amount of the incentive package that the city can award to an operator for their project is categorized into the following tiers based on the specified factors. The term of an incentive package agreement awarded based on any of the following tiers shall commence on the date of the issuance of the certificate of occupancy.
A. Base Tier . An operator investing a minimum of Ten Thousand Dollars ($10,000) per room is eligible to receive an amount equal to fifty (50) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code and such payments shall be made for a total of ten (10) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
B. Tier 1. An operator investing a minimum of One Hundred Thousand Dollars ($100,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to fifty-five (55) percent, and such payments shall be made for a total of fifteen (15) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
C. Tier 2. An operator investing a minimum of Two Hundred and Fifty Thousand Dollars ($225,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to sixty (60) percent, and such payments shall be made for a total of twenty (20) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
D. Tier 3. An operator investing a minimum of Four Hundred and Fifty Hundred Thousand Dollars ($350,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and
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remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to sixty -five (65) percent, and such payments shall be made for a total of twenty-five (25) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
E. Tier 4. An operator investing a minimum of Seven Hundred and Fifty Hundred Thousand Dollars ($600,000) per room is eligible to receive an amount equal to ninety (90) percent of the transient occupancy tax increment collected and remitted to the city pursuant to Chapter 3.24 of this code for five (5) years, thereafter decreasing to seventy -five (75) percent, and such payments shall be made for a total of thirty (30) years, or until the operator has received an amount equal to ADI, whichever event occurs first.
F. Projects awarded an incentive package pursuant to this chapter, may be eligible for bonus incentives if the below criteria are met. An operator may only elect to receive one of the following bonuses to their incentive package.
1. Hotels that are Class 1 or Class 2 Historic Resources as defined in Palm Springs Municipal Code Chapter 8.05, shall be eligible to receive an additional five (5) percent of the transient occupancy tax increment collected and remitted to the city beginning in the sixth (6 th) year of
the incentive package agreement.
2. Convention Center Hotels shall be eligible to receive an additional ten (10) percent of the transient occupancy tax increment collected and remitted to the city beginning in the sixth (6
th) year of the incentive
package agreement.
5.27.050 Incentive Package Use Distribution.
A. In order to receive distributions from an incentive package awarded pursuant to this chapter, the operator shall:
1. Obtain a building permit for the project within sixteen (16) months following the date that the City Council or City Manager approved the incentive package agreement;
2. Obtain a certificate of occupancy for the project within thirty (30) months following obtaining a building permit for the project;
3. Provide the city with copies of permits and business licenses of contractor for construction of the project;
4. Demonstrate to the city the costs incurred using original receipts, invoices, construction drawings and/or other form of customarily recognized cost documentation;
5. Maintain an active, operating city business license;
6. Remain current with all TOT payments, and other city fees
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and obligations, before, during, and after the term of the incentive program agreement; and
7. Provide any and all forms, documents, and records as may be reasonably requested by the city.
B. At least eighty (80) percent of distributions received from an incentive package must be used towards costs associated with construction and furniture, fixtures, and equipment. No more than twenty (20) percent of distributions received from an incentive package may be used towards costs associated with soft goods.
C. The city reserves the right to withhold any distribution from an incentive package should operator violate any of the terms of this chapter. Except as set forth in Section 5.27.050( D), operator shall have the right to cure any violations of this chapter within 30 days of receiving a notice of such violation from the city.
D. Failure to Remain Current with TOT Payments
1. Should an operator fail to remain current with all TOT payments, pursuant to Section 5.27.050(A)(6), the city may issue a written notice to the operator, providing thirty (30) days to become current with all TOT payments.
2. If thirty (30) days passes from the date of receipt of the first notice and the operator is still not current with all TOT payments, the city shall be entitled to terminate the incentive package agreement and the operator shall thereafter not be entitled to any further distributions from its incentive package.
5.27.060 Operating Covenants.
A. Each operator participating in the city’s hotel operations incentive program shall execute an operating covenant agreement negotiated between the city and the operator, and recorded in the official records of Riverside County upon the issuance of the certificate of occupancy, against the property where the project receiving the incentive package is being developed.
B. No incentives, rebates, or credits authorized by this code shall be distributed for a project until the operating covenant agreement is approved and recorded against the property.
C. The term of the operating covenant agreement will run from the recording of the operating covenant agreement to the end of the specified term of the incentive package agreement or until the operator has received an amount equal to ADI, whichever event occurs first.
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D. Each operating covenant agreement shall include:
1. A requirement that the hotel operate as a hotel open to the public with rooms designed and intended as temporary or overnight accommodations.
2. A requirement that the hotel maintain the applicable qualifying criteria that its particular incentive was contingent on.
3. A requirement that laborers employed relative to the construction of the project be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to Labor Code Sections 1720, et seq. and Palm Springs Municipal Code Section 7.06.030(1), if the total contribution of the city exceeds Six Hundred Thousand Dollars ($600,000) and 2% of total project cost.
4. A general indemnification whereby the operator agrees, for itself and for its successors and assigns, to indemnify, defend with counsel acceptable to the city, and hold the c ity, together with its officers, members, officials, employees, agents, volunteers, and representatives, harmless from and against any loss, liability, claim, or judgment arising from or related to the operator’s participation in the hotel operations incentive program pursuant to this chapter.
5. Provide the City, for public use, with a minimum of two (2) room nights per month from Monday to Thursday for official City use, subject to availability.
E. The City Council, in its sole discretion, may include other conditions in an operating covenant agreement to preserve the goals and intent of this chapter.
5.27.070 General Fund Revenues.
Notwithstanding the provisions of Sections 3.24.030, 3.24.035, and 3.24.310 of this code, all transient occupancy tax revenues or transient occupancy tax increment remitted to the city by an operator of a hotel covered by operating covenants as provided in this chapter shall be deemed general fund revenues of the city and shall be deposited in the city’s general fund.
5.27.080 Administrative Rules and Regulations.
Consistent with the intent and goals of this chapter, the City Manager may adopt administrative rules and regulations for implementation and furtherance of the requirements of this chapter.
5.27.090 Program Sunset.
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The hotel operations incentive program set forth in this chapter shall cease accepting applications on December 31, 2030.
(Ord. 1730 § 2, 2008; Ord. 1742 § 1, 2008; Ord. 1772 § 1, 2010; Ord. 1786 § 1, 2011; Ord. 1821 § 1, 2013; Ord. 1972 § 1, 2019; Ord. 2087, 9/14/2023)
SECTION 4. The City Council finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) because it is the adoption of an ordinance, rule, or regulation that requires discretionary review, including environmental review, and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity (California Business and Professions Code section 26055(h)) and because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines section 15061(b)(3)).
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, 2026.
NAOMI SOTO
MAYOR
ATTEST:
BRENDA PREE, MMC, CERA
CITY CLERK
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC, CERA
CITY CLERK
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CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICE AGREEMENTS NO. 26B015 AND 26B016 WITH ADVANTAGE TOTAL PROTECTION, INC. FOR ALARM
MONITORING AND MAINTENANCE SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
Harry Barrett Jr., Executive Director of Aviation
SUMMARY:
This action seeks approval of two contract service agreements with Advantage Total Protection, Inc., Agreement No. 26B015, in an amount not to exceed $525,000, and Agreement No. 26B016, in an amount not to exceed $75,000, to provide alarm monitoring and maintenance services for the Public Works and Aviation Departments, for an initial three-year term.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 26B015 with Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Public Works Department in an amount not to exceed $525,000, for an initial three-year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
2. Approve Contract Services Agreement No. 26B016 with Advantage Total Protection, Inc. to provide alarm monitoring and maintenance services for the Aviation Department in an amount not to exceed $75,000, for an initial three- year term from March 1, 2026, through February 28, 2029, with two optional one-year extensions at the City’s sole discretion.
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment C) submitted on January 22, 2026, Advantage Total Protection, Inc. is registered in the state of California.
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City Council Staff Report
February 25, 2026 -- Page 2
Award Alarm Monitoring and Maintenance Contract Services Agreements BACKGROUND:
The City of Palm Springs requires services from a licensed and qualified firm to provide comprehensive monitoring, testing, maintenance and repair services of fire and security alarm systems for City owned and maintained facilities for the Public Works and Aviation Departments.
The City routinely contracts for alarm monitoring, testing, maintenance and repair services. The current Agreement (23B101) with Fire Protection Services Corporation is set to expire on June 30, 2026. Agreement 23B101 was awarded by City Council on May 25, 2023, following a formal solicitation process conducted under Invitation for Bids (IFB 23-26) for an initial three-year term with an amount not to exceed $223,428.
Throughout the life of Agreement 23B101, six (6) amendments have been processed.
Amendment No. 1, entered into on February 21, 2024, modified the scope of work to provide for repair and replacements services, as well as continued monitoring and testing services at the Palm Springs Main Library, Belardo Downtown Parking Garage, and Palm Springs Navigation Center, for an additional amount of $36,077.37 and a revised amount not to exceed $259,505.37.
Amendment No. 2, entered into on June 3, 2024, modified the scope of work and schedule of fees to add the repair and replacement services and addition of monthly monitoring services at 2901 E Alejo Road and 3111 E Tahquitz Canyon Way, for an additional amount of $16,747 and a revised amount not to exceed $276,252.37.
Amendment No. 3, entered into on June 21, 2024, provided for the addition of burglary and fire monitoring services at the Palm Springs Navigation Center Buildings 2 and 3 and to establish monitoring and testing services at 3589 McCarthy Road, for an additional amount of $14,949.75 and a revised amount not to exceed $291,202.12.
Amendment No. 4, effective October 29, 2024, provided for the replacement and upgrade of the alarm panel for the US Customs building and the addition of burglary monitoring and testing services, for an additional amount of $3,639.92 and a revised amount not to exceed $294,842.04.
Amendment No. 5, dated July 31, 2025, modified the scope of work to include the installation of alarm monitoring hardware at the Ticket Counter within the Airport and annual inspection services, for an additional cost of $2,753.51 and a revised amount not to exceed $297,595.55.
Amendment No. 6, entered into on December 1, 2025, added the installation of fire system for the Ticket Counter, updating the Plaza Theatre security and fire installation system and a replacement fire panel for the Police Department Training Center, for an additional amount of $21,394.49 and a total revised contract amount not to exceed $318,990.04.
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City Council Staff Report
February 25, 2026 -- Page 3
Award Alarm Monitoring and Maintenance Contract Services Agreements STAFF ANALYSIS:
The contracts with Advantage Total Protection, Inc., are maintenance contracts with on- call, as needed services included. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amount set by the departments and will therefore not match the bid amounts.
An Invitation for Bids (IFB 25-17) was initiated by the City’s Procurement and Contracting Department on December 8, 2025, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by January 22, 2026, deadline as follows:
Vendor Bid
Intercom Clock & Signal Service – Riverside, CA $276,614.00 Advantage Total Protection, Inc. – Walnut Grove, CA $311,995.60 Fire Protection Services Corporation – Palm Desert, CA $377,031.00 AK Security Alarm, LLC – Riverside, CA $456,650.00
The Departments’ intent for this solicitation was to award two separate contracts to the lowest, responsive, and responsible bidder. While Intercom Clock & Signal Services submitted the lowest initial bid, the proposal was deemed non-responsive following a formal evaluation of the bid package. Consequently, Advantage Total Protection, Inc. was identified as the lowest responsive and responsible bidder for award.
The unit pricing is fixed for the first year and subject to a CPI increase in the following years.
Staff recommends approval of Contract Services Agreement No. 26B015 in the amount not to exceed $525,000 for the Public Works Department and Contract Services Agreement No. 26B016 in the amount not to exceed $75,000 for the Aviation Department with Advantage Total Protection, Inc., effective March 1, 2026, through February 28, 2029, subject to two one-year optional renewals at the sole discretion of the City.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
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City Council Staff Report
February 25, 2026 -- Page 4
Award Alarm Monitoring and Maintenance Contract Services Agreements ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
Funds for these services are budgeted and available for Fiscal Years 2025-26 and 2026- 27, and will be budgeted in subsequent fiscal years:
Public Works: 5206570-40105
Aviation: 4157050-40105
REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Executive Director of Aviation: Harry Barrett
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Galllavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement No. 26B015
B. Contract Services Agreement No. 26B016
C. Public Integrity Disclosure – Advantage Total Protection, Inc.
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ATTACHMENT A -
Contract Services Agreement No. 26B015
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CONTRACT SERVICES AGREEMENT 26B015
ALARM MONITORING AND MAINTENANCE SERVICES
This Contract Services Agreement (“Agreement”) is made and entered into on 1st day of March 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Advantage Total Protection Inc., a California Corporation, (“Contractor”) . City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a contractor, for Security Alarm Monitoring and Maintenance Services for City’s Public Works department, (“Project”).
B. Contractor has submitted to City a proposal to provide Security Alarm Monitoring and Maintenance Services, to City under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Contractor’s signed, original proposal submitted to the City (“Contractor’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for
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Proposals and the Contractor’s Schedule of Compensation, which is attached as Exhibits “B” is incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Contractor’s Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4th) the provisions of the Contractor’s Proposal.
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of five hundred twenty five thousand dollars zero cents ($ 525,000) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section
4.2. 2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty -five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
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2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years commencing on March 01, 2026, and ending on February 28, 2029, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer.
Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (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
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Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
Pamela Terfehr It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.
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A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
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$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M.
Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. required
X is not required;
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence”
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basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies,
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including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Contractor agrees to provide immediate notice to City of any claim or loss
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against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s activities or the activities of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." (" as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized
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agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement.
Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Contract Services Indemnification and Reimbursement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Contractor is providing design
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services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement.
Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and
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shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable
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attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the 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 Agreement.
9.2 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 Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement 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 Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section
7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
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B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor’s expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Advantage Total Protection, Inc.
PO Box 558
Walnut Grove, CA 95690
Attention: Pamela Terfehr, Treasurer
Telephone: (888) 646-1559
10.3 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
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10.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 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 Exhibit “C” (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 CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ADVANTAGE TOTAL PROTECTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No. _______________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – 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”
SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
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ATTACHMENT B -
Contract Services Agreement No. 26B016
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CONTRACT SERVICES AGREEMENT 26B016
ALARM MONITORING AND MAINTENANCE SERVICES
This Contract Services Agreement (“Agreement”) is made and entered into on 1st day of March 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Advantage Total Protection Inc., a California Corporation, (“Contractor”) . City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a contractor, for Security Alarm Monitoring and Maintenance Services for Palm Springs International Airport, (“Project”).
B. Contractor has submitted to City a proposal to provide Security Alarm Monitoring and Maintenance Services, to City under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Contractor’s signed, original proposal submitted to the City (“Contractor’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for
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Proposals and the Contractor’s Schedule of Compensation, which is attached as Exhibits “B” is incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Contractor’s Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4th) the provisions of the Contractor’s Proposal.
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of seventy five thousand dollars zero cents ($75,000) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.
2.2. Method of Payment . Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty -five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement,
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specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years commencing on March 01, 2026, and ending on February 28, 2029, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer.
Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice.
City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and
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orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
Pamela Terfehr It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.
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A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
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Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M.
Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. required
X is not required;
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or
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until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers,
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council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other
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claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s activities or the activities of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." (" as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized
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agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement.
Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Contract Services Indemnification and Reimbursement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Contractor is providing design
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services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement.
Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and
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shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable
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attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the 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 Agreement.
9.2 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 Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement 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 Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section
7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing of the suit or claim and given authority, information and assistance at Contractor’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Contractor when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
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B. Contractor shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Contractor’s expense. Contractor shall not be obligated to indemnify City under any settlement that is made without Contractor’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Advantage Total Protection, Inc.
PO Box 558
Walnut Grove, CA 95690
Attention: Pamela Terfehr, Treasurer
Telephone: (888) 646-1559
10.3 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
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10.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 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 Exhibit “C” (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 CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ADVANTAGE TOTAL PROTECTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No. _______________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – 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”
SCOPE OF SERVICES
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Payment:
The resulting contract for these services is monthly inspection services, and on-call as needed repair maintenance service contract. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the works at the rates shown in the contract.
Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back- up documentation for materials, subcontractor, rented equipment, cost signed by the City employee verifying the work was done. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document to: [email protected]
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
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ATTACHMENT C -
Public Integrity Disclosure – Advantage Total Protection, Inc.
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CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 CONSENT CALENDAR
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 26P020 WITH AECOM TECHNICAL SERVICES, INC., FOR COMPREHENSIVE SHADE & HEAT MITIGATION PLAN CONSULTING SERVICES
FROM: Scott C. Stiles, City Manager
BY: Sustainability
SUMMARY:
This action will award a professional services agreement with AECOM Technical Services, Inc., in an amount not to exceed $445,814 for consulting services for the Palm Springs Comprehensive Shade and Heat Mitigation Plan for Multi-Modal Transportation.
The plan is being funded by a grant from Caltrans.
RECOMMENDATION:
1. Approve Professional Services Agreement No. 26P020 with AECOM Technical Services, Inc., for comprehensive shade & heat mitigation plan consulting services for a term commencing on February 26, 2026, and continuing through February 25, 2028, for an amount not to exceed $445,814;
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted in February 2026, AECOM Technical Services, Inc., is registered in the state of California.
BACKGROUND:
On January 18, 2024, the Department of Sustainability submitted a Sustainable Transportation Planning Grant application to Caltrans to obtain funding to perform a comprehensive shade and heat mitigation plan for the City of Palm Springs.
In July 2024, the City was notified of the award, and on July 16, 2024, Staff presented a recommendation of a resolution to accept grant funding to City Council. City Council
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City Council Staff Report
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Professional Services Agreement NO. 26P020
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8 adopted Resolution No. 25236 on July 25, 2024, accepting grant funding in the amount of $400,000 with an 11.47% local match.
The Palm Springs Comprehensive Shade and Heat Mitigation Plan for Multi-modal Transportation will focus on sustainable and resilient transportation planning to mitigate and adapt to extreme heat events experienced in the Coachella Valley, where daily summer temperatures regularly exceed 100F. The project aims to build a plan which will identify strategies to enhance adaptive multi-modal infrastructure, build resilient communities and reduce overall greenhouse gas emissions. The project's key deliverables include a community and stakeholder engagement plan (with a focus on underserved and vulnerable populations), a heat and shade equity study, a heat impact assessment, as well as design plans for adaptive climate-appropriate shade structures and landscape designs along transportation routes. The strategic components align with local, regional and state planning efforts to address climate change and reduce overall carbon emissions including the State Climate Action Plan and the Riverside County 2019 Climate Action Plan.
STAFF ANALYSIS:
On December 15, 2025, the Procurement and Contracting Department issued Request for Proposals 20-25 (RFP 20-25) for Comprehensive Shade & Heat Mitigation Plan Consulting Services for the Sustainability Department. RFP 20-25 was advertised in the local newspaper, published on the PlanetBids website with notification to 359 registered vendors, and 366 vendors through Bid Broadcast. This outreach resulted in 18 attendees at the Pre-Proposal Conference on December 30, 2025, and the submission of five Proposals.
The following firms submitted Proposals for consideration by the January 20, 2026, deadline.
AECOM Technical Services, Inc. – Los Angeles, CA
Alta Planning + Design, Inc. – Los Angeles, CA
Buro Happold Consulting Engineers, Inc. – Los Angeles, CA Hua Nani Partners – Saugus, CA (Non-Responsive)
Kimley-Horn and Associates, Inc. – Orange, CA
An evaluation committee consisting of City staff from Sustainability, Planning Services, and Public Works reviewed and scored the proposals received against the criteria published in the Request for Proposals. Criteria included the firm’s experience, references, staff experience, understanding the scope of work and demonstrated understanding, and multidisciplinary team including licensed professionals presented to carry out the requested work.
AECOM Technical Services, Inc. is a full-service consulting firm with extensive California presence and over two decades of experience supporting public sector clients on climate
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8 resilience, sustainability, and infrastructure planning. AECOM specializes in extreme heat mitigation, climate vulnerability assessments, multimodal and active transportation planning, and equity-centered community engagement. The firm brings deep expertise in nature-based solutions, urban forestry, transportation and transit resilience, GIS and environmental data analysis, greenhouse gas reduction strategies, and implementation planning. Through work across Southern California and nationally, AECOM has delivered actionable climate action, adaptation, and heat mitigation plans that integrate scientific rigor, local knowledge, and inclusive engagement to protect vulnerable communities and critical infrastructure.
AECOM Technical Services, Inc. has completed similar projects with cities and agencies to explore new approaches to heat resilience (Los Angeles CHAP; Sacramento Municipal Utility District; City of Phoenix, AZ; City of El Paso, TX), leadership in climate resilience and adaptation in Southern California (SCAG Regional Resilience Toolkit; SCAG Regional Climate Adaptation Framework; Western Riverside Council of Governments Energy Resilience Plan; Inland Empire Climate Pollution Reduction Grants Regional Climate Action Plan for Riverside and San Bernardino County), and brings expertise in multimodal transportation planning (Los Angeles Metro – Vermont Avenue transit corridor planning; City of Austin Core Transportation Plan; Houston METRO’s Urban Design Guidelines).
Based on the review of the technical proposal and scoring as well as the rating of the firm’s cost proposal, staff recommend approval of a professional services agreement with the highest scoring firm, AECOM Technical Services, Inc., for comprehensive shade and heat mitigation consulting services for a contract amount not to exceed $445,814 for the term commencing on February 26, 2026, and continuing through February 25, 2028.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The study aims to align with City Council’s goals for Sustainability & Community, specifically focusing on climate resilience, and strengthening city-wide transportation safety and enhancing public services.
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City Council Staff Report
February 25, 2026 -- Page 3
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8 FISCAL IMPACT:
The total project cost is $445,814 funded by a $400,000 grant from Caltrans and a $45,814 local match from the City’s Sustainability Fund 138.
REVIEWED BY:
Assistant City Manager: Flinn Fagg
Procurement & Contracting Manager: Tabitha Richards
City Manager: Scott Stiles
ATTACHMENTS:
A. Professional Services Agreement 26P020
B. Public Integrity Disclosure Forms
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ATTACHMENT A
Professional Services
Agreement 26P020
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PROFESSIONAL SERVICES AGREEMENT 26P020
COMPREHENSIVE SHADE & HEAT MITIGATION PLAN CONSULTING
SERVICES
This Professional Services Agreement (“Agreement”) is entered into this 26TH day of February 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and AECOM Technical Services, Inc., (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a qualified firm to conduct a comprehensive shade & heat mitigation plan (“Project”).
B. Consultant has submitted to City a proposal to provide a comprehensive shade & heat mitigation plan consulting services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or
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inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Four Hundred Forty-Five Thousand Eight Hundred Forteen Dollars ($445,814) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts
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to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two years, commencing on the Effective Date, and ending on February 25, 2028, unless extended by mutual written agreement of the Parties.
3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant.
Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters
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occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Diana Edwards, Principal, Climate Resilience. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
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4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
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Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
X required
is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing
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insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
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A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.
G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a
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waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. " This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. " Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no
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obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the
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performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State
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of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not
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preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
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10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: AECOM Technical Services, Inc.
300 South Grand Avenue, 9 th Floor
Los Angeles, CA 90071
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10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 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 Exhibit “C” (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 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AECOM TECHNICAL SERVICES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
Date: __ Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _2/25/26______ 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”
SCOPE OF SERVICES
1.1 Background:
A. Consultant shall perform a variety of sustainability consulting services as they relate to the completion of a Comprehensive Shade and Heat Mitigation Plan for Multimodal Transportation (CSHMP) for the City of Palm Springs (City).
B. Purpose of Comprehensive Shade and Heat Mitigation Multi-modal Transportation Plan:
a. The CSHMP will provide a roadmap to the City and the Office of Sustainability for strategies, incentives and interventions that can be implemented in the City. b. The time frame for these elements should be considered over the Near-term (“Near,” within one to two years) Midterm (“mid,” three - five years) and Long term (“Long” ten – fifteen years plus).
c. The CSHMP should build on the City’s Vision and provide a framework of strategies, objectives, and implementation measures that guide the City’s efforts to mitigate extreme heat, expand equitable shade access, and enhance multimodal transportation resilience.
C. The Comprehensive Shade and Heat Mitigation Plan shall serve as a guiding framework for developing and implementing strategies that enhance climate resilience and adaptive multi-modal transportation throughout the City. The results of the analyses and equity studies will provide the City with a clear roadmap for prioritizing investments, shaping policies, and identifying targeted mitigation and adaptation measures while addressing extreme heat and shade inequities.
1.2 Scope:
A. Comprehensive Shade and Heat Mitigation Plan (CSHMP):
a. In order to complete the CSHMP, The Contractor will conduct existing conditions and other analyses of the general environment, climate and built infrastructure conditions of the City, that influence urban heat exposure and impacts the City’s transportation network. In addition, The Contractor will facilitate and present to a number of stakeholder and City Council meetings.
b. Summary of Scope Activities for the development of the CSHMP are outlined in the following tasks below:
i. Task 1.0 – General description of the project administration and summary of meetings, facilitations, and site visit requirements to develop the plans, processes and work products that will lead to the completion of a Comprehensive Shade and Heat Mitigation Plan.
1. Task 1.1 – Kickoff Meeting
a. No more than two weeks from the start of work, facilitate a kickoff meeting with internal project stakeholders (as mutually determined with the City) to establish baseline expectations for ongoing work;
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b. Kickoff meeting will cover topics including but not limited to: establishing project goals; defining roles and
responsibilities; establishing communication channels to ensure timely and quality of delivery of project tasks and deliverables; defining key stakeholders and stakeholder groups; ordering of project objectives including project tasks, methodology, schedule, deliverables, protocols and identification of necessary amendments to the scope of
work that may result from the discussion at the kickoff meeting;
2. Task 1.2 – Document Review
a. Prior to the kickoff meeting, prepare and review a list of publicly available data and relevant reports, including – but not limited to - area and comprehensive plans,
surveys, previous demographic studies, socio-economic
outlooks, transportation data and studies, and
environmental and climate reports to inform
understanding of conditions in Palm Springs.
b. Identify gaps in background information and resolve with the City at kickoff meetings.
c. Review these documents and use them to inform the work product of the CSHMP.
3. Task 1.3 – Site Visit
a. Conduct site visits to gather field data based on City boundaries, including an observational assessment of the City infrastructure including but not limited to streets, sidewalks, bike and pedestrian trails, bus shelters, trees and landscaping, pedestrian crossings, rights-of-ways
and adjacent vacant land and buildings, points of interest, land use, as well as any other field data required to
complete the work product of the CSHMP.
4. Task 1.4 – Stakeholder Interviews and Meetings
a. Facilitate several in-person sessions with each of the stakeholder groups (not to exceed six stakeholder groups unless otherwise agreed upon identified in the kickoff
meeting to help engage the community and address the
needs of diverse populations, guiding the objective and strategies of the CSHMP.
b. Different Stakeholder groups to consider include:
i. Public bodies and officials such as the Palm
Springs City Council and Commissions; internal
City leadership and department heads, other non-
governmental organizations (NGOs) (e.g., Sunline
Transit Agency, Coachella Valley Association of
Governments).
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ii. Community organizations, such as Chambers of
Commerce, professional organizations, non-profit
organizations, neighborhood organizations, and
other community-based organizations.
iii. Hospitality sector organizations, including
Convention Center and Visit Greater Palm
Springs, Palm Springs Tourism, and private
hospitality organizations (e.g. Palm Springs
Hospitality Association), Underserved
communities, non-traditional, and non-English
speaking communities.
iv. Retail, restaurant and other commercial service
for-profit organizations, companies, owners and
managers.
v. Airport and other institutional facilities such as
healthcare, hospitals, and other.
5. Task 1.5 – City Council interviews
a. Facilitate interviews with each City Council member to gather input on the City’s and relevant District’s goals, priorities, and focus areas related to extreme heat, shade equity, and climate resilience. Interviews will be scheduled in coordination with City staff, and feedback from Council members will be incorporated into the Plan to ensure
alignment with policy priorities and community needs.
6. Task 1.6 – Feedback from the City
a. The City shall provide feedback on various drafts of the report provided by the Contractor.
b. The Contractor shall Incorporate all feedback, when
agreed upon, into the work product of the CSHMP.
7. Task 1.7 – City Council Presentations
a. The Contractor shall conduct several in-person
presentations (as determined in prior tasks) to the City Council and conduct City Council outreach through
interviews in coordination with City’s project manager, to include:
b. Present an overview of the initial findings and stakeholder feedback and seek input from City Council on various
elements of the results of work from Section A, Tasks 1.0-
2.6; this to be scheduled in cooperation with the City’s project manager.
i. Final presentation of report to include review of
report, data, and supporting information to be
scheduled in coordination with the City’s project
manager.
ii. Task 2.0 – Conduct Existing Conditions Analyses and Assessments
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Research and analyze current City environmental conditions; conduct and complete strengths, weaknesses, opportunities, and threats analysis (SWOT) (or current industry alternative):
1. Task 2.1 – Citywide Analysis Report- Physical Environment and Climate Assessment
a. Conduct a citywide analysis of physical, environmental, and socio-spatial conditions, including topography, land use, vegetation cover, impervious surfaces, and mobility infrastructure.
b. Assess conditions of existing multimodal transportation networks, including sidewalks, trails, bike lanes, transit stops.
c. Identify the presence and performance of green
infrastructure and urban canopy citywide.
d. Analyze current built environment conditions including shade infrastructure, heat-mitigating features, and the available of climate-adaptive materials.
e. Evaluate accessibility, visibility, and connectivity of transportation infrastructure, especially as it impacts underserved and vulnerable populations.
f. Conduct analysis using the best available City data as the initial source, supplementing additional data only if
necessary.
g. Develop a Citywide Shade Index that quantifies existing shade coverage and thermal comfort conditions across
public and private realms.
i. The Index shall use consistent, replicable metrics
and enable comparison across corridors,
neighborhoods, and user groups, with a particular
focus on areas serving vulnerable populations and
pedestrian/multimodal transportation routes.
2. Task 2.2. – Historical Context and Extreme Heat Impact Assessment
a. Compile historical data for the region, including trends in averages and extreme temperatures, heatwave duration
and frequency, and seasonal changes over time.
b. Evaluate the impacts of extreme heat events on
transportation systems, public health, economic activity, and community function across the City’s districts and
neighborhoods.
c. Identify heat islands and zones of concentrated
vulnerability based on land use, surface materials,
vegetation cover, and availability of shade.
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d. Conduct stakeholder outreach to understand local
experiences, responses and behaviors to heat exposure.
3. Task 2.3 – Heat and Shade Equity Study
a. Conduct a Heat Equity Study to identify disparities in exposure to heat.
b. Conduct a Shade Equity Study to identify and map the presence and accessibility of shade, both natural and
built, across the City.
c. Identify priority areas where lack of shade and high heat vulnerability overlaps, particularly in underserved
communities and vulnerable populations.
4. Task 2.4 - GIS Mapping and Visualization of Vulnerabilities and Assets
a. Develop GIS-based maps and visuals illustrating:
i. Heat distribution and urban heat islands.
ii. Shade and canopy cover and distribution.
iii. City assets, land use and transportation network.
b. Map of underserved areas.
c. Integrate map data with studies to create visual overlays, identifying strategies and critical areas.
iii. Task 3.0 –Analysis of Findings and Strategy Development
1. Develop and organize a preliminary list of strategies for mitigating heat exposure and improving shade equity along multimodal transportation corridors, informed by the existing conditions, relevant studies and community priorities.
2. Identify short-, medium-, and long-term strategies that address urban heat, reduce greenhouse gas emissions, and improve transportation equity.
3. Assess the feasibility, effectiveness, and scalability of each strategy using qualitative and quantitative data.
4. Conduct a cost/benefit analysis of proposed strategies, taking into account implementation costs, potential co-benefits (e.g., public health, climate resilience, ecosystem services), and
consequences of non-action.
5. Summarize analytical findings in an accessible format suitable for public presentation.
iv. Task 4.0 – Draft Conditions Report; Design, Draft and Complete Comprehensive Shade and Heat Mitigation Plan Report, Revisions, and Final Report
1. Task 4.1 Technical appendices and results of analyses:
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a. Draft and deliver a technical appendices report to the City of the outcomes of research and analysis conducted in the work in Tasks 2.0-3.0, including the Heat Impact
Assessment, Heat Equity Study, Shade Equity Study, and
GIS Mapping no later than April 30, 2027. The Contractor shall deliver the technical report in concert with the
CSHMP, such that:
i. The report shall present both quantitative and
qualitative findings using charts, tables, maps, and
graphics that are informative and easy to interpret.
ii. Where applicable, the technical appendices will
include clear explanations of assumptions and
methodologies and the inclusion of references and
sources to ensure transparency, accuracy and
alignment with best practices.
iii. The technical appendices shall support and
complement the strategies and recommendations
outlined in the CSHMP.
iv. Where projections are required, clearly identify
and explain the basis or assumptions for the
projection.
v. The technical appendices shall compliment and
support the outcomes of the CSHMP.
2. Task 4.2 – Draft Comprehensive Shade and Heat Mitigation Plan
a. No later than May 31, 2027, the Contractor will draft and deliver a draft CSHMP that reflects the research,
community engagement, and analyses conducted in prior
tasks.
b. The Draft Plan shall:
i. Identify and prioritize strategies to reduce heat
exposure, expand shade access, and enhance
multimodal transportation resilience.
ii. Provide near-, mid-, and long-term strategies,
implementation measures, and cost
considerations.
iii. Align with local, regional, and state climate action and transportation plans.
iv. Include design concepts for climate-appropriate
shade structures, tree canopy expansion, and
adaptive landscape treatments.
v. Recommend policy, infrastructure, and
programmatic actions to support equitable
adaptation and greenhouse gas reduction.
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3. Task 4.3 – Public Communication Materials
a. Produce clear, accessible, and visually engaging
materials—including maps, graphics, and summaries—
that can be shared with the general public, stakeholders, and partner agencies.
b. Ensure materials highlight findings, strategies, and community benefits in a way that supports public
outreach, funding applications, and implementation
campaigns.
4. Task 4.4 – City Council Working Session
a. Facilitate a working session with the City Council to present the Draft CSHMP, including the proposed
strategies, key findings, and implementation framework. b. Prepare a professional presentation deck with graphics, maps, and summaries to encourage feedback and
discussion.
c. Incorporate Council feedback into the Final Plan.
5. Task 4.5 – Final Comprehensive Shade and Heat Mitigation Plan
a. Incorporate feedback from City Council, staff,
stakeholders, and the community into the Final CSHMP.
b. Present the Final Plan to the City Council, including a complete report and a visually engaging slide deck.
c. The Final Plan shall include:
i. Cohesive strategies and recommendations for
mitigating heat impacts and expanding shade.
ii. Implementation timelines, responsible parties, and
potential funding sources.
iii. Maps, graphics, and design concepts that illustrate recommendations.
iv. Cost/benefit analysis of key strategies.
v. Recommendations for near-, mid-, and long-term
actions that support climate resilience and
sustainable multimodal transportation.
vi. Recommendations on City investments including
staffing, administration, operations, incentives,
budgets, acquisitions and any other use of public
funds identified in the research.
1.3 Schedule:
Work will commence on the Effective date and the schedule for the Comprehensive Shade and Heat Mitigation Plan technical appendices will be due on April 30, 2027, and a draft of the full CSHMP will be due by May 31, 2027. A final report will be completed within 60
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days of the review of the draft document by the City Council and terminate on February 25, 2028.
1.4 Compensation:
Work will be compensated on a not to exceed basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
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ATTACHMENT B
Public Integrity
Disclosure Form
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City of Palm Springs Comprehensive Shade and Heat Mitigation Plan AECOM
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
The Earth Technology Corporation (USA) 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitYl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Ga�Lp�
Date
January 16, 2026
Regional Business Line Leader - Advisory Services
PENALTIES
Falsification of information or failure to report information required to be reported mav subiect vou to administrative action bv the Citv.
44 No individual owners with a 5% or more beneficial interest.
F – Page 165 of 263
100%
100%
100%
100%
100%
AECOM
AECOM Global II, LLC
AECOM Technical
Services, Inc.
The Earth Technology
Corporation (USA)
URS Global Holdings, Inc.
URS Holdings, Inc.
13355 Noel Road, Suite 400, Dallas, Texas, 75240
300 South Grand Avenue, 9th Floor, Los Angeles, California, 90071 300 South Grand Avenue, 9th Floor, Los Angeles, California, 90071 300 South Grand Avenue, 9th Floor, Los Angeles, California, 90071 300 South Grand Avenue, 9th Floor, Los Angeles, California, 90071 300 South Grand Avenue, 9th Floor, Los Angeles, California, 90071
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55575.18100\44646701.1
CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2026 BUSINESS & LEGISLATIVE
SUBJECT: INTRODUCTION OF ORDINANCE ADDING SECTION 12.28.055 TO THE
PALM SPRINGS MUNICIPAL CODE REGULATING VEHICLE
COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:
This agenda item provides the City Council with the opportunity to consider and introduce an ordinance that regulates vehicle sales/rental activity in the public right-of-way in a content-neutral manner to promote traffic and pedestrian safety, and protect residential parking. The proposed Ordinance would add Section 12.28.055 to the Palm Springs Municipal Code and would generally prohibit vehicle sales/rental activity in the public right-of-way, while providing a narrow safe harbor based on objective criteria.
RECOMMENDATION:
Introduce Ordinance adding 12.28.055 to the Palm Springs Municipal Code regulating vehicle commercial activity in the public right-of-way, and schedule the Ordinance for adoption at a subsequent meeting.
BACKGROUND:
The City has received recurring complaints regarding vehicles that are parked and left standing on City streets for multiple days in a manner consistent with using the public right-of-way to facilitate vehicle sales or rentals/exchanges. Residents have reported that these vehicles reduce the availability of curb parking for nearby homeowners and visitors, and create traffic and pedestrian safety concerns where pedestrians stop to view vehicles, particularly in areas where vehicle speeds are higher.
The City’s existing parking regulations in Chapter 12.32 provide the City with authority to establish parking prohibitions and time limits through posted signage and curb markings.
In practice however, residents and staff have reported ongoing challenges in addressing vehicle parking patterns associated with vehicle commercial activity, including circumstances where vehicles are moved short distances to avoid citation or where sign-
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Vehicle Sales Activity in the Public Right-of-Way
based time limitations are not in place. In addition, the City has previously prohibited the use of City streets for storage of vehicles (PSMC 12.28.040) as well as for the purpose of washing, waxing, wiping, greasing, or repairing vehicles (PSMC 12.28.050).
The proposed Ordinance is intended to provide an additional tool for addressing this ongoing issue by regulating conduct and use of the public right-of-way in a content neutral manner, without regulating the content of signage.
STAFF ANALYSIS:
Under the proposed Ordinance, the City Council would add a new Section 12.28.055 to the Palm Springs Municipal Code, to regulate vehicle commercial activity in the public right-of-way. The key components of the Ordinance are summarized below.
1. Content-Neutral Approach.
The Ordinance is drafted to regulate conduct within and the use of the public right-of-way, not speech. The Ordinance does not reference the content of any “for sale” sign or other message. A violation of the Ordinance may be established without regard to, and without evidence of, the content of any sign, writing, or communication.
2. General Prohibition.
The Ordinance would generally prohibit “Vehicle Commercial Activity” in the public right- of-way. “Vehicle Commercial Activity” is defined to include parking, standing, stopping, placing, or leaving a vehicle in the public right-of-way for the primary purpose of facilitating the sale, exchange, lease, or transfer of ownership of the vehicle for value, including conduct intended to coordinate viewings, inspections, test drives, or otherwise facilitate a any such transaction.
3. Objective Enforcement Tools; Rebuttable Presumption.
To improve clarity and enforceability, the Ordinance provides that enforcement may consider the totality of circumstances and includes an objective rebuttable presumption of Vehicle Commercial Activity where the same vehicle is parked or left standing in the public right-of-way within a one-thousand (1,000) foot radius for more than seventy-two (72) consecutive hours, unless credible evidence demonstrates a lawful purpose unrelated to facilitating a commercial transaction.
4. Safe Harbor Defense for Limited Local Activity.
The Ordinance establishes a narrow safe harbor defense, in order to minimize impacts to City residents who may occasionally sell a personally owned vehicle in proximity to where it is ordinarily kept. The safe harbor would apply when the vehicle is parked within one- tenth (0.1) mile of the vehicle’s registered owner address and is otherwise lawfully parked, complies with all other applicable parking restrictions (including posted time limits and curb markings), and does not create a traffic or pedestrian safety hazard. The safe harbor
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includes limitations intended to prevent abuse, including limitations on multiple vehicles associated with the same registered owner address and time limitations.
5. Relationship to Existing Parking Regulations.
The Ordinance is intended to supplement, and not limit, the City’s existing parking authorities, including the City’s ability to establish parking prohibitions and time limits through authorized signage pursuant to Palm Springs Municipal Code Section 12.32.010 and related provisions. Staff anticipates that, depending on conditions in particular neighborhoods, a combination of existing sign-based tools and the proposed Ordinance may be appropriate.
6. Enforcement.
The Ordinance contemplates enforcement by peace officers or code enforcement officers of the City. Violations may be enforced through administrative citation pursuant to the City’s administrative citation procedures set forth in Chapter 1.06 of the Palm Springs Municipal Code. Each day a violation continues constitutes a separate violation. Any vehicle removal or towing is expressly limited to the extent authorized by state law and applicable City policies and procedures.
Staff believes the proposed Ordinance provides a balanced approach to address persistent impacts on residential parking and public safety, while minimizing unintended impacts on residents who occasionally sell a vehicle near their home. The safe harbor is intended to provide narrow and objective pathways for limited activity while preventing repeated, extensive, or extended use of the public right-of-way for commercial purposes.
ENVIRONMENTAL ASSESSMENT:
The proposed ordinance is not a project subject to the California Environmental Quality Act (“CEQA”). (State CEQA Guidelines, § 15060(c)(3).) Section 15378 of the State CEQA Guidelines provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment do not qualify as a project subject to CEQA. Here, the proposed ordinance constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment because it establishes regulations governing vehicle commercial activity in the public right-of-way. Accordingly, the proposed ordinance is not a project subject to CEQA.
Even if the proposed ordinance does qualify as a project subject to CEQA, it would be exempt from CEQA because it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment for the same reasons referenced above. (State CEQA Guidelines, § 15061(b)(3).)
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Vehicle Sales Activity in the Public Right-of-Way
ALIGNMENT WITH STRATEGIC PLANNING:
This agenda item aligns with the City Council’s goal of focusing on items that impact quality of life by promoting traffic and pedestrian safety and protecting the reasonable availability of residential curb parking.
FISCAL IMPACT:
Fiscal impacts are anticipated to be minimal and primarily related to staff time for enforcement and administration of the hardship permit process. Any administrative citation revenue is not intended as a funding source and is dependent on compliance and enforcement activity.
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance adding Section 12.28.055 to the Palm Springs Municipal Code Regulating Vehicle Commercial Activity in the Public Right-of-Way.
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ATTACHMENT A
Ordinance Regulating Vehicle
Commercial Activity in the Public
Right-of-Way
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 12.28.055 TO THE PALM
SPRINGS MUNICIPAL CODE REGULATING VEHICLE
COMMERCIAL ACTIVITY IN THE PUBLIC RIGHT-OF-WAY
TO PROMOTE TRAFFIC AND PEDESTRIAN SAFETY AND
PROTECT RESIDENTIAL PARKING
City Attorney’s Summary
This Ordinance regulates the use of the public right-of-way for vehicle sales/rental activity to protect traffic safety, pedestrian safety, sight distance, and the reasonable availability of curb parking for City residents and visitors. The Ordinance
generally prohibits vehicle sales/rental activity in the public- right-of way, establishes a narrow safe harbor for limited sales/rental activity occurring within one-tenth (0.1) of a mile of the vehicle’s DMV-registered owner address, and
authorizes a temporary hardship permit process based on objective criteria.
WHEREAS, the City of Palm Springs has a substantial interest in promoting traffic safety, pedestrian safety, preserving sight distance on City streets, and protecting the reasonable availability of curb parking for City residents and visitors; and WHEREAS, the City has experienced recurring instances in which vehicles are parked and left standing on public streets for extended periods in a manner consistent with using the public right-of-way to facilitate private vehicle transactions, thereby reducing parking availability for nearby residents and encouraging pedestrians to stop and view the vehicles, which increase safety risks in areas where vehicle speeds are higher; and
WHEREAS, the City has previously prohibited the use of City streets for storage of vehicles (PSMC 12.28.040) as well as for the purpose of washing, waxing, wiping, greasing, or repairing vehicles (PSMC 12.28.050); and
WHEREAS, the City Council desires to regulate use of the public right-of-way to address these impacts through objective, content-neutral regulations that do not depend on the content of any sign, writing, or communication; and WHEREAS, the City Council also recognizes that individuals may occasionally sell a personally owned vehicle in proximity to where the vehicle is ordinarily kept, and desires to establish a narrow, objective safe harbor and a limited temporary hardship permit process based on objective criteria; and
WHEREAS, the City Council considered this ordinance at a duly noticed public
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Ordinance No. _____