Palm Springs City Council
April 8, 2026

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SECTION 3. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that the amendment to the location requirements for vehicle storage facilities is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), and 15378(b)(5). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) Staff is hereby directed to prepare, execute and file with the Riverside County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

SECTION 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in the official newspaper of the City of Palm Springs within fifteen (15) days following its adoption.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 8TH DAY OF APRIL 2026.

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK

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Ordinance No. 2129

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Ordinance No. 2129

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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. 2129 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on March 25, 2026, and adopted at a regular meeting of the City Council held on April 8, 2026, 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 April 2026.

BRENDA PREE, MMC

CITY CLERK

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CITY COUNCIL STAFF REPORT
DATE: April 8, 2026 CONSENT CALENDAR
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 26Q022 WITH

DALEY STRATEGIES, LLC FOR STRATEGIC COMMUNICATIONS FOR

THE PALM SPRINGS CONVENTION CENTER RENOVATION AND

EXPANSION PROJECT
FROM: Scott C. Stiles, City Manager
BY: Economic Development
SUMMARY:

This action will award a professional services agreement with Daley Strategies, LLC for strategic communications services for the Palm Springs Convention Center Renovation and Expansion Project for an amount not to exceed $264,000 for an initial one-year term.

RECOMMENDATION:

1. Approve Professional Services Agreement No. 26Q022 with Daley Strategies, LLC to provide strategic communications services for the Palm Springs Convention Center Renovation and Expansion Project in an amount not to exceed $264,000 for an initial one-year term commencing on April 9, 2026, and continuing through April 8, 2027, with two one-year extension options by mutual consent;

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 January 2026, Daley Strategies is registered in the state of California.

BACKGROUND:

Residents, businesses, and community stakeholders depend on the City to provide timely, accurate information regarding municipal operations, public policies, City Council initiatives, and major projects and programs. To support these needs, the City issued a solicitation seeking to retain a firm to provide strategic communications in partnership with the City Manager and the Economic Development Department for the Palm Springs Convention Center Renovation and Expansion Project.

STAFF ANALYSIS:

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City Council Staff Report
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2 On December 4, 2025, the Procurement and Contracting Department issued Request for Qualifications 17-25 (RFQ 17-25) for Strategic Communication Services for the Palm Springs Convention Center (PSCC) Renovation and Expansion project for the City Manager and the Economic Development Department. RFQ 17-25 was advertised in the local newspaper, published on the PlanetBids website with notification to 333 registered vendors, and 500 vendors through Bid Broadcast. This outreach resulted in 21 attendees at the Pre-Qualification Conference on December 16, 2025, and the submission of 5 Statements of Qualifications (SOQs).

The following firms submitted SOQs for consideration by January 6, 2026, deadline:
ASC Firm, LLC – Chicago, IL
CV Strategies – Palm Desert, CA
Daley Strategies, LLC – Palm Springs, CA
RockSpark Inc. – Palm Springs, CA
WeUsThem, Inc. – Halifax/Nova Scotia, Canda
An evaluation committee consisting of City staff from the City Manager, Communications, Economic Development, and Development Services Departments reviewed and scored the statements of qualifications received against the criteria published in the Request for Qualifications. Criteria included the firm’s experience, references, staff’s experience, understanding the scope of work, and demonstrated understanding of City goals and values.

PSCC Renovation and Expansion Project
PSCC strategic communications services shall include a dedicated team to provide communication and outreach services to support the modernization of the PSCC established through a not-to-exceed cost basis. These services include:

A. Capital Project

1. At the direction of the City Manager and Office of Economic Development, Consultant shall develop and implement communications strategies related to the PSCC modernization project.

2. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed.

3. Confer with City Manager and Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits.

4. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.

B. Community & Stakeholder Engagement

1. Design and facilitate engagement opportunities with stakeholders.

2. At the direction of the City Manager and Office of Economic

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2 Development and in conjunction with the Owner’s Representative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person.

3. Maintain stakeholder databases and provide summaries of input to inform project decisions.

4. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.

5. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID).

C. Convention Center Strategic Counsel & Government Relations Support

1. Provide strategic communications counsel for City Manager and Chief Economic Development Officer in preparing for City Council and other public review bodies.

2. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level.

3. Monitor legislation and funding opportunities.

4. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.

D. Convention Center Communications Planning & Media Relations

1. Draft press releases, position letters, editorials, talking points, and presentations to support City leadership.

2. Provide media relations support, including strategy, message development, and training.

3. Offer rapid response support for sensitive or high-profile issues, including crisis communications.

4. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.

E. On-Call Availability

1. Consultant shall be available on an as-needed basis to provide immediate support for emerging issues requiring strategic communications.

2. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.

F. Deliverables

1. Communications and outreach plans for major projects.

2. Public engagement event planning and staffing.

3. Microsites, fact sheets, FAQs, and stakeholder reports.

4. Briefing memos and talking points for leadership and elected officials.

5. Media releases and messaging documents.

6. Reports documenting outreach outcomes, media coverage, and recommendations.

7. Website and other social media updates.

Daley Strategies is a Southern California and Palm Springs based government and public

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2 affairs firm specializing in strategic communications, crisis response, public affairs, and community engagement for public agencies operating in complex, high visibility environments. They bring decades of experience working both inside and alongside government, supporting city leadership, public safety departments, regional agencies, and major public institutions.

Daley Strategies has served as a strategic communications partner to the City of Palm Springs, providing on-call counsel, message development, crisis preparedness, and community engagement support. Through this ongoing partnership, they have developed a strong understanding of the operational, legal, and political pressures facing municipal leadership, allowing Daley Strategies to operate seamlessly with City staff and deliver immediate value on time-sensitive and highly visible matters.

Beyond Palm Springs, Daley Strategies supports major public agencies including the Los Angeles Homeless Services Authority and Los Angeles World Airports, where they have led strategic communications, stakeholder engagement, and political outreach for large scale, sensitive and highly regulated programs. Across all engagements, Daley Strategies emphasizes disciplined messaging, transparency, preparedness, and coordination to maintain public trust and support effective governance.

Based on the review of the statements of qualifications and scoring, staff recommend approval of a professional services agreement with the highest scoring firm, Daley Strategies, for PSCC Renovation and Expansion Project Strategic Communications services for an amount not to exceed $264,000 for an initial one-year term commencing on April 9, 2026, and continuing through April 8, 2027, with two one-year extension options.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Foundation: Economic Development, to support a vibrant economy, including tourism, and good governance.

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2 FISCAL IMPACT:

Funding for strategic communications services for the Palm Springs Convention Center Renovation and Expansion Project is available in the current fiscal year and in FY26-27 in the Convention Center Project Account, and will be budgeted in future fiscal years if the City elects to exercise either of the two one-year extension options.

REVIEWED BY:

Department Director: Wayne Olson
Procurement & Contracting Manager: Tabitha Richards
City Manager: Scott Stiles

ATTACHMENTS:

A. Professional Services Agreement 26Q022
B. Public Integrity Disclosure Form

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ATTACHMENT A
Professional Services
Agreement 26Q022

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PROFESSIONAL SERVICES AGREEMENT 26Q022 STRATEGIC

COMMUNICATIONS FOR PALM SPRINGS CONVENTION CENTER

RENOVATION AND EXPANSION PROJECT
This Professional Services Agreement (“Agreement”) is entered into this 9th day of April 2026 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Daley Strategies, a limited liability company, (“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 provide strategic communication for Palm Springs Convention Center renovation and expansion project (“Project”).

B. Consultant has submitted to City a proposal to provide strategic communications 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. 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 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 “A”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall

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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 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: (1 st) 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, (4 th) 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 Two Hundred Sixty-Four Thousand Dollars and Zero Cents ($264,000 ) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” 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 (10 th) 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

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eporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or 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 one year, commencing on the Effective Date, and ending on April 8, 2027. The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.

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

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

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: Trevor Daley, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be 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

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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.

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

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

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the 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.

required

X 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

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period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

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

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

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

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insurance policies required of Consultant under this Agreement:

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.

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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. 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).

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

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

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

6. INDEMNIFICATION

6.1 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

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accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, 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.

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8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

8.3 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

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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 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

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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 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

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To Consultant: Daley Strategie LLC
Attention: Trevor Daley
1625 Sienna Court
Palm Springs, CA 92262

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

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

CONSULTANT:

By: ______________________________ By: _______________________________ Signature Signature
__ Date:

Item No.

Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _4/8/2026______
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
A. Consultant shall provide professional strategic communications and outreach services to support modernization of the Palm Springs Convention Center (PSCC) modernization project on an as-needed basis. Services shall include, but are not limited to, the following:
a. Capital Project
i. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC modernization project
ii. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed. iii. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits.
iv. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.
b. Community & Stakeholder Engagement
i. Design and facilitate engagement opportunities with stakeholders ii. At the direction of the Office of Economic Development and in conjunction with the Owner’s Representative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
iii. Maintain stakeholder databases and provide summaries of input to inform project decisions.
iv. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
v. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)
c. Strategic Counsel & Government Relations Support
i. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
ii. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level. iii. Monitor legislation and funding opportunities

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iv. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.
d. Communications Planning & Media Relations
i. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
ii. Provide media relations support, including strategy, message development, and training.
iii. Offer rapid response support for sensitive or high-profile issues, including crisis communications.
iv. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.
e. On-Call Availability
i. Consultant shall be available on an as-needed basis to provide immediate support for emerging issues requiring strategic communications.
ii. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.

B. Deliverables
a. Communications and outreach plans for major projects. b. Public engagement event planning and staffing.
c. Microsites, fact sheets, FAQs, and stakeholder reports. d. Briefing memos and talking points for leadership and elected officials. e. Media releases and messaging documents.
f. Reports documenting outreach outcomes, media coverage, and recommendations.
g. Website and other social media updates.

C. Schedule:

Work will commence on the issuance of a Notice to Proceed and all work shall continue for an initial one-year term with two one-year optional renewal term, at the mutual written consent of the Parties.

D. Compensation:

Work will be compensated on an hourly rate basis in accordance with Exhibit “B” Schedule of Compensation. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant 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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CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT

REQUEST FOR QUALIFICATIONS 17-25

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

ISSUED: DECEMBER 4, 2025

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TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.7. Public Record: .......................................................................................................... 4

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

3.9. Compliance with Law:............................................................................................... 6

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

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

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

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

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

3.15. Form of Agreement: ................................................................................................. 7 SECTION 4 – SCOPE OF WORK ........................................................................................... 9

4.1. Background: ............................................................................................................. 9

4.2. Scope: ...................................................................................................................... 9

4.3. Schedule: ................................................................................................................11

4.4. Compensation: ........................................................................................................11 SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND ORGANIZATION ...........12

5.1. Statement of Qualifications Requirements: ..............................................................12

5.2. Statement of Qualifications Format: .........................................................................12

5.3. Statement of Qualifications Content: .......................................................................12

5.4. Submission of Statement of Qualifications: ..............................................................15 SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION........................................16

6.1. Evaluation of Statements of Qualifications: ..............................................................16

6.2. Selection Process and Award of Contract: ...............................................................17 SECTION 7 – RFQ FORMS ...................................................................................................18 SECTION 8 – SAMPLE AGREEMENT ................................................................................... 1

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SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS

1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with professional strategic communications services. The scope of work will consist of strategic communications including development of project specific based comprehensive communication strategies, public relations, and community outreach services including organizing and leading stakeholder meetings on an on-call/as-needed by basis for City Administration and Communications, and the Department of Economic Development. These services may be collectively awarded to one firm or awarded to multiple firms. If awarded separately they are intended to be distinguished by 1) City Administration and Communications , and 2) Department of Economic Development , either of which may retain one or more firms.

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

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

Activity Due/Time
Request for Qualifications Issued THURSDAY, DECEMBER 4, 2025) Pre-Qualification Conference
TUESDAY, DECEMBER 16, 2025 @
11:00 am PST
Requests for Clarifications from Responders
are due
TUESDAY, DECEMBER 23, 2025 @
2:00 pm PST
Responses to Requests for Clarification will
be posted via Addendum TUESDAY, DECEMBER 30, 2025
Statements of Qualifications are Due
TUESDAY, JANUARY 6, 2026 @
2:00 pm PST
Recommendation/Selection (tentative) JANUARY 2026
Projected Date for Award of Contract/ PO FEBRUARY 2026

1.4. Procurement Officer and Delivery Address:

Tabitha Richards
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]

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SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1. Obtaining RFQ Documents and Addenda:

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

2.2. Pre-Qualification Conference:

A Pre-Qualification Conference will be held as follows:

Date: TUESDAY, DECEMBER 16, 2025
Time: 11:00 am PST
Location: Virtually. - Interested participants who wish to participate in the Prequalification conference by either requesting a link to attend via email to:

[email protected] or by following the directions below:

Microsoft Teams meeting
Join on your computer or mobile app
Join the meeting now
Meeting ID: 212 476 860 064 49
Passcode: Qg74nK3h

Dial in by phone
+1 872-239-6004,,510929101# United States, Chicago
Find a local number
Phone conference ID: 510 929 101#
For organizers: Meeting options | Reset dial-in PIN
All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

2.3. Responder’s Minimum Requirements:

Part 1: City Administration and Communications

A. Experience: The Responder must have a minimum of three years’ experience in providing strategic communications expertise for a municipal client . Responders shall outline this experience in Section A of the proposal.

B. Knowledge: The Responder must have knowledge relative to public communications planning, public relations, crisis communication and community engagement strategies. Responders shall outline this knowledge in Section A of the proposal.

Part 2: Department of Economic Development

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A. Experience: The Responder must have a minimum of seven years’ experience in providing strategic communications support to a municipal, county, state or federal body, and at least five years of experience in providing strategic communications to a municipal client. Responders shall outline this experience in Section A of the proposal.

B. Knowledge: The Responder shall demonstrate comprehensive knowledge of governmental strategic communications, including experience on a minimum of two (2) projects specific to municipal clients. Responders must show a clear understanding of delivering strategic communications in support of large municipal infrastructure projects or programs with a value exceeding $25 million. Additionally, Responders shall demonstrate proficiency in managing community and public relations involving diverse stakeholder groups and individuals; the ability to develop and deliver concurrent messaging within a dynamic political environment; and the capacity to maintain confidential, secure communications with, for, and on behalf of a municipal client. Responders shall outline this knowledge in Section A of the proposal.

Part 1 and Part 2:

C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter

3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.

2.4. Submission of Statements of qualifications:

1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule.

The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process.

Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications .

Statement of Qualification files shall be clearly labeled Part 1: City Administration and Communications and Part 2: Department of Economic Development per the instructions provided and submitted electronically. If responding to both Part 1 and Part 2 please upload two separate electronic files in PlanetBids.

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SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1. Request for Clarifications/Questions:

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

B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ . The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding.

Oral and other interpretations or clarifications will be without legal or contractual effect.

3.2. Responders Ethical Behavior:

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

3.3. Statements of Qualifications to Remain Open:

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

3.4. Right to Accept or Reject Statements of Qualifications:

The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications , as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.5. Responsibility of Responder:

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

3.6. Insurance:

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

3.7. Public Record:

1. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921

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

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

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

3.8. Cost Related to Statement of Qualifications Preparation:

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

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3.9. Compliance with Law:

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

3.10. Licenses, Permits, Fees and Assessments:

Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of th e Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.11. Investigations:

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

3.12. Non-Collusion:

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

3.13. Signed Statement of Qualifications and Exceptions:

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

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3.14. Award of Contract:

It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, or to make no award, whichever is in the best interest of the City. These services may be collectively awarded to one firm or awarded to multiple firms. If awarded separately they are intended to be distinguished by 1) City Administration and Communications, and 2) Department of Economic Development , either of which may retain one or more firms . It is anticipated that award of the contract or contracts will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

3.15. Form of Agreement:

A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement ( see Section 8). Please note that the Exhibits are intentionally not complete in the attached sample standard document.

These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.

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

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

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

B. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this

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

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SECTION 4 – SCOPE OF WORK

4.1. Background:

The City of Palm Springs, with a full-time population of approximately 48,000 residents, is an internationally recognized resort community located in Southern California’s Coachella Valley.

The City is served by one of the most forward-thinking City Councils in the State of California.

Residents, businesses, and community stakeholders depend on the City to provide timely, accurate information regarding municipal operations, public policies, City Council initiatives, major projects and programs, and local emergency response efforts. To support these needs, the City is seeking to retain a firm or multiple firms to provide on-call strategic communication services in partnership with the City Manager’s Office, the Communications Department, and the Economic Development Department.

The resulting contract(s) may be awarded to a single firm or to multiple firms. If awarded to more than one firm, the scope of services is expected to be divided into: 1) City Administration and Communications, and 2) Department of Economic Development , either of which may retain one or more firms..

4.2. Scope:

Part 1: City Manager and Communication:

A. Consultant shall provide a full range of communications, public relations, and community engagement services that include, but are not limited to the following:
a. Communications
i. Consultant shall work the City’s Communications team to engage the Palm Springs community by assisting with development of public education programs, communications planning, messaging, and strategy to highlight important City policies, initiatives and additional complex issues as they arise.
b. Content Support
i. Consultant shall provide messaging support for the City’s communications and public relations team by providing assistance with the development of, shall include, but are not limited to the following, as they relate to strategic communications:

1. Newsletter

2. Mailers

3. Brochures

4. FAQ documents

5. Op Eds

6. News Releases

7. Video Messaging
c. As-Needed External Affairs Support Services

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i. Consultant shall be available to provide a variety of external affairs support services, shall include, but are not limited the following:

1. Assistance developing and coordinating community meetings, town halls, presentations and other special events.

2. Market research and public opinion polling and surveys

3. Graphic design services
Part 2: Department of Economic Development
A. Consultant shall provide professional strategic communications and outreach services to support modernization of the Palm Springs Convention Center (PSCC) modernization project on an as -needed basis. Services shall include, but are not limited to, the following:
a. Capital Project
i. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC modernization project
ii. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed. iii. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits.
iv. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.
b. Community & Stakeholder Engagement
i. Design and facilitate engagement opportunities with stakeholders ii. At the direction of the Office of Economic Development and in conjunction with the Owner’s Rep resentative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
iii. Maintain stakeholder databases and provide summaries of input to inform project decisions.
iv. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
v. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)
c. Strategic Counsel & Government Relations Support
i. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
ii. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level.

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iii. Monitor legislation and funding opportunities
iv. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.
d. Communications Planning & Media Relations
i. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
ii. Provide media relations support, including strategy, message development, and training.
iii. Offer rapid response support for sensitive or high-profile issues, including crisis communications.
iv. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.
e. On-Call Availability
i. Consultant shall be available on an as -needed basis to provide immediate support for emerging issues requiring strategic communications.
ii. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.

B. Deliverables
a. Communications and outreach plans for major projects. b. Public engagement event planning and staffing.
c. Microsites, fact sheets, FAQs, and stakeholder reports. d. Briefing memos and talking points for leadership and elected officials. e. Media releases and messaging documents.
f. Reports documenting outreach outcomes, media coverage, and recommendations.
g. Website and other social media updates.

4.3. Schedule:

Work will commence on the issuance of a Notice to Proceed and all work shall continue for an initial three-year term with two one-year optional renewal term, at the City’s sole discretion.

4.4. Compensation:

Work will be compensated on an hourly rate basis in accordance with individually approved proposals resulting in the issuance of purchase orders. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant 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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SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND

ORGANIZATION

5.1. Statement of Qualifications Requirements:

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

5.2. Statement of Qualifications Format:

Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 25 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D”, “E” and “F” and Addenda acknowledgment do NOT count toward the limit (everything else does).

5.3. Statement of Qualifications Content:

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

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

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

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

Section A: Firm (including any subcontractors) Qualifications and Experience including References
A.1 Company Overview. Please provide a description of the services that your company has provided in other cities, how long you have been in operation, and any unique features of the services you offer.

Please also include how you meet the minimum requirements that will be scored on a pass fail basis.

A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub- contractor’s qualifications, background, and specific expertise that they bring to the Project.

A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your proposal. In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail t he work undertaken with the references provided and any other material information you would like the City

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to know about your work for that reference that is relevant to the work described in this RFQ.

Section B: Staff, Teams (including any subcontractors) qualifications and experience.

B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.

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

B.3. Partners. The respondent should list any organizations they plan to partner with to implement the scope of work.

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

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

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

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

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

Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to- day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and

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the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

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

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non- local business that requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications . T he City reserves the right to determine eligibility.

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

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5.4. Submission of Statement of Qualifications:

One electronic file for each Part 1 and Part 2 shall be uploaded separately and labeled “Part 1)City Administration and Communications Strategic Communications”, and “Part 2) Department of Economic Development Strategic Communications” to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal- home and then selecting the RFQ.

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

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

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SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION

6.1. Evaluation of Statements of Qualifications:

This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.

An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Part 1 and Part 2 will be evaluated separately, and may result in separate contract awards.

Part 1 Evaluation Criteria
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ , including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5

Part 2 Evaluation Criteria
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References
20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 20 Demonstrate Understanding in providing strategic communication in support of large municipal projects, including at least two municipal client references.
20 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.

Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are

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evaluated on the information contained in their statement of qualifications , information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.

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

6.2. Selection Process and Award of Contract:

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

The selected firm will be required to comply with all insurance and license requirements of the City.

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

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

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

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

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

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

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ATTACHMENT “A”

SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________

PRINTED NAME AND TITLE
____________________________________________________

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

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

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

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

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

ADDENDA ACKNOWLEDGMENT:

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

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

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

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ATTACHMENT “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

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

Signature:______________________________________________

Title: _____________________________________________

Date: ______________________

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ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

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

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

NAME OF RESPONDER: ________________________________________

NAME and TITLE of Authorized Representative:

(Print) ______________________________________________________________

Signature and Date of Authorized Representative:

(Sign) ____________________________________________ (Date) ________________

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.

Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

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

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

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

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

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

NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

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CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:

If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

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

 Other

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

 Other

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

 Other

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title Date

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

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City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

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ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

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ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:______________________________________

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SECTION 8 – SAMPLE AGREEMENT

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SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE

Note: This Agreement must be reviewed by Responders for acceptance during the RFQ process, and any changes or questions must be addressed during the question- and-answer period outlined in the RFQ. The City will not accept any changes to the agreement after the question period is closed. SOQs submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.

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PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]

This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 20__ (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and [***INSERT NAME OF CONSULTANT***], a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] , (“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 [***INSERT CONSULTANT TYPE***] , for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).

B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED***], 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 perf orming 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

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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 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, (4 th) 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 [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("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 perform ed by Consultant and accompanied by such

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reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or 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 [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***] , commencing on the Effective Date, and ending on [***INSERT AGREEMENT END DATE***], unless extended by mutual written agreement of the Parties. However, the term shall not exceed [***INSERT AGREEMENT TERM LENGTH***] from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.

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.

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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 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. Notwithstandi ng 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:
[***INSERT NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE***] 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 Consult ant 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 operatio n 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 Consul tant 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

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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.

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 o fficers, 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

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agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, 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 em ployees. 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. 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) 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.

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(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreem ent. 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 ev idence of Consultant’s ability to pay

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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:

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 as sumes 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 sub consultants and others engaged i n 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

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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. 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).

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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 certificat es 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 ar ising 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.

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7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, 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 ins pect 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

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parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

8.3 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

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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 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 proceedi ng. 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 thi s 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

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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

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, informati on 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

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Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: [***INSERT CONSULTANT’S CONTACT INFORMATION***]

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), at tached hereto and incorporated herein by

O – Page 505 of 679

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]

O – Page 506 of 679

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***]

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: _______________ 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

O – Page 507 of 679

EXHIBIT “A”

SCOPE OF SERVICES

O – Page 508 of 679

EXHIBIT “B”

SCHEDULE OF COMPENSATION

O – Page 509 of 679

EXHIBIT “C”

EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

O – Page 510 of 679

CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT

REQUEST FOR QUALIFICATIONS 17-25

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

ISSUED: DECEMBER 4, 2025

O – Page 511 of 679

Statement of Qualifications

RFQ 17-25 | City of Palm Springs Part 2 – Department of Economic Development Strategic Communications Executive Summary
Daley Strategies, LLC is pleased to submit this Statement of Qualification in response to RFQ 17-25

for

Part

2:

Department

of

Economic

Development.

As

a

Palm

Springs–based

government

and

public

affairs

firm,

Daley

Strategies

has

been

deeply

involved

in

the

City’s

most

significant

economic

development

and

infrastructure

initiatives—most

notably

the

Palm

Springs

Convention

Center

(PSCC)

Modernization

and

Connectivity

Project—and

brings

demonstrated

experience

delivering

strategic

communications

in

politically

complex,

high-profile

municipal

environments.

Daley Strategies has served as a trusted strategic communications and stakeholder engagement

partner

to

the

City

of

Palm

Springs,

working

closely

with

the

City

Manager’s

Office,

the

Office

of

Economic

Development,

elected

leadership,

consultants,

and

community

stakeholders

to

advance

large-scale

capital

projects

exceeding

$25

million.

Our

experience

aligns

directly

with

the

City’s

stated

objectives

for

Part

2 of

this

RFQ.

Section A – Firm Qualifications and Experience
Company Overview
Daley Strategies is a Palm Springs–based government affairs and strategic communications firm

with

extensive

experience

providing

senior-level

communications,

stakeholder

engagement,

and

external

affairs

support

to

government,

nonprofit,

and

private

sector

clients.

Founded

in

2021

by

Trevor

Daley,

the

firm

has

extensive

experience

serving

municipal

clients

and

leading

communications

efforts

for

large-scale

public

infrastructure

and

economic

development

projects,

including

aviation,

transportation,

and

entertainment

initiatives.

Daley Strategies currently serves as a strategic communications partner to the City of Palm Springs,

working

closely

with

the

City

Manager’s

Office,

the

Office

of

Economic

Development,

and

elected

leadership

on

some

of

the

City’s

most

complex,

high-profile

initiatives.

Most

notably,

Daley

Strategies

has

been

deeply

involved

in

the

Palm

Springs

Convention

Center

Modernization

and

Connectivity

Project,

a

$135

million

capital

investment,

providing

integrated

communications,

stakeholder

coordination,

and

City

Council

support

across

all

phases

of

project

development.

Palm Springs Convention Center Modernization & Connectivity Project 1 O – Page 512 of 679

Daley Strategies has played a central, ongoing role in shaping and implementing the communications

and

stakeholder

engagement

framework

for

the

Palm

Springs

Convention

Center

Modernization

and

Connectivity

Project.

From

early

project

definition

through

procurement,

public

engagement,

and

implementation

planning,

Daley

Strategies

has

functioned

as

an

extension

of

the

City’s

internal

project

management

and

communications

capacity.

Working in close coordination with the City Manager’s Office and the Office of Economic Development,

Daley

Strategies

helped

design

and

operationalize

the

project’s

stakeholder

engagement

structure.

This

included

organizing

and

supporting

four

City-led

Convention

Center

stakeholder

working

groups,

at

the

direction

of

the

City

Council,

to

move

the

project

forward:

Capital

Improvements

&

Construction,

Urban

Design

&

Connectivity,

Tourism

Infrastructure

District

(TID),

and

Public

Finance.

These

working

groups

brought

together

elected

officials,

City

staff,

hospitality

and

tourism

leaders,

consultants,

and

community

stakeholders.

Daley

Strategies

supported

agenda

development,

meeting

design,

facilitation

strategy,

documentation

of

discussions,

and

synthesis

of

stakeholder

input

to

ensure

that

feedback

was

clearly

conveyed

to

City

leadership

and

incorporated

into

project

decision-making.

Daley Strategies has also served as a key member of the City Manager’s core Convention Center

project

implementation

team.

In

this

role,

the

firm

has

supported

internal

coordination

across

City

departments

and

external

consultant

teams,

including

Conventional

Wisdom,

Civitas,

and

Best

Best

&

Krieger

(BBK).

Daley

Strategies

has

prepared

briefing

memoranda,

background

materials,

and

issue

summaries

on

behalf

of

the

City

Manager

and

Chief

Economic

Development

Officer

for

the

Mayor

and

City

Council,

ensuring

elected

officials

receive

clear,

timely,

and

accessible

information

on

project

scope,

schedule,

financing,

and

key

decision

points.

Throughout 2025, Daley Strategies spearheaded public-facing communications for the Convention

Center

modernization

and

connectivity

initiative.

The

firm

developed

and

implemented

communications

strategies

to

explain

the

project’s

objectives,

community

benefits,

and

long-term

economic

value.

This

work

included

drafting

fact

sheets,

FAQs,

presentations,

press

releases,

e-blasts,

and

web

content;

supporting

the

development

of

a

dedicated

project

webpage;

and

assisting

City

staff

in

delivering

consistent,

accurate

messaging

to

the

public.

Daley

Strategies

worked

closely

with

the

Office

of

Economic

Development

to

translate

complex

technical,

financial,

and

design

information

into

materials

that

could

be

readily

understood

by

the

general

public.

Daley Strategies has played a particularly significant role in communications related to the City’s ongoing

development

of

a

Tourism

Infrastructure

District

(TID).

The

firm

is

currently

assisting

City

staff

in

communicating

the

City’s

financial

plan

and

revenue

capture

methodologies

to

a

wide

range

of

stakeholders,

including

hospitality

businesses,

property

owners,

elected

officials,

and

the

broader

community.

This

work

has

required

careful

message

development,

stakeholder

outreach,

and

responsiveness

to

concerns

regarding

structure,

timeline,

costs,

governance,

and

long-term

impacts.

2 O – Page 513 of 679

In addition, Daley Strategies supported communications and coordination related to key procurement

processes

associated

with

the

Convention

Center

project,

including

the

selection

of

architectural

and

engineering

teams,

urban

planning

consultants,

and

district

branding

partners.

The

firm

also

supported

communications

related

to

the

onboarding

of

Oak

View

Group

as

the

Convention

Center’s

new

operations

and

management

partner,

helping

ensure

continuity

of

messaging

and

stakeholder

confidence

during

a

critical

transition

period.

Additional Palm Springs Work
In addition to the Convention Center modernization effort, Daley Strategies has supported the City

of

Palm

Springs

on

a

range

of

other

priority

infrastructure,

economic

development,

and

crisis

communications

initiatives.

This

work

has

included

strategic

communications

and

community

engagement

support

for

the

South

Palm

Canyon

Bridge

Project,

where

Daley

Strategies

assisted

City

staff

with

public

education,

community

outreach,

and

synthesis

of

public

feedback

related

to

project

design,

rationale,

alternatives,

and

impact.

As

the

project

progressed,

the

firm

also

supported

clear,

disciplined

public

communications

during

a

legally

sensitive

period,

helping

ensure

residents

and

stakeholders

remained

informed

about

a

highly

visible

public

safety

project

affecting

a

critical

transportation

corridor.

Daley Strategies has also provided ongoing strategic communications, government relations, and

stakeholder

engagement

support

to

Palm

Springs

International

Airport

(PSP).

In

this

role,

the

firm

has

assisted

with

communications

related

to

airport

master

planning,

capital

improvements,

budgetary

matters,

and

community

outreach,

as

well

as

coordination

with

local,

state,

and

federal

elected

officials.

This

work

builds

on

the

firm’s

deep

aviation

and

transportation

expertise

and

reinforces

its

familiarity

with

Palm

Springs’

tourism-driven

economy

and

regional

partnerships.

The firm has further supported the City on sensitive land use and reparations matters, including work

related

to

Section

14,

where

communications

and

stakeholder

engagement

required

cultural

and

historical

sensitivity,

thoughtful

planning,

and

careful

alignment

with

City

leadership.

In

addition,

Daley

Strategies

has

provided

crisis

communications

support

to

the

City

on

urgent

and

high-profile

matters

like

the

2025

reproductive

clinic

bombing,

assisting

with

rapid-response

messaging,

coordination

across

departments,

and

the

dissemination

of

accurate

public

information

in

an

emergency.

Collectively, this body of work reflects Daley Strategies’ broad and trusted role with the City of Palm

Springs

across

departments

and

issue

areas,

and

demonstrates

the

firm’s

ability

to

support

both

long-term

economic

development

initiatives

and

time-sensitive

communications

challenges.

Experience with Additional Los Angeles and Southern California Clients Daley Strategies’ municipal and economic development experience is complemented by its work

with

public

agencies,

nonprofit

organizations,

and

mission-driven

private-sector

clients

throughout

Los

Angeles

and

Southern

California.

3 O – Page 514 of 679

The firm provides or has provided strategic communications, government relations, and stakeholder

engagement

support

to

organizations

such

as:

Los Angeles Homelessness Services Agency (LAHSA)
We partner with the regional homeless services agency, leading their government and external relations.

We

help

LAHSA

with

organizational

development

and

communications

goals,

including

developing

vision

and

mission

statements,

internal

protocols,

and

focused

and

targeted

outreach

programs.

We

devise

strategies

and

help

implement

government

engagement

at

the

local

and

state

levels.

National Alliance on Mental Illness, Greater Los Angeles County (NAMI GLAC) We lead government advocacy and relationship building with key stakeholders at the local level to

enhance

wellness,

recovery,

and

mental

health

initiatives.

We

track

relevant

legislation

and

offer

insights

on

policies

that

impact

mental

health

services,

and

develop

partnerships

between

NAMI

GLAC

and

government

offices.

Entertainment Community Fund
We partner with the Entertainment Community Fund (formerly the Actors’ Fund) on government, community,

and

relationship-building

for

its

Hollywood

Arts

Collective

project,

a

full-service

housing

and

wraparound

services

development

supporting

artists.

Los Angeles County Business Federation (BizFed)
We partnered with the region’s top business organization, leading the organization’s political action

committee

on

all

LA

City

and

LA

County

races,

as

well

as

serving

as

the

lead

consultants

for

the

Anti-Poverty,

Education,

and

Workforce

Development

Committee

and

Polling

&

Metrics

Committee.

Our

team

retains

an

active

presence

with

BizFed,

including

co-chairing

this

year’s
Anti-Poverty, Education, and Workforce Development committee.

Happy Trails for Kids
We lead government relations and community engagement for this non-profit dedicated to providing

memorable

camp

experiences

to

children

in

the

foster

care

system.

We

have

assisted

Happy

Trails

with

earmark

requests

for

the

Offices

of

Senator

Alex

Padilla

and

Senator

Laphonza

Butler,

who

demonstrate

continued

support

for

the

organization.

We

also

helped

secure

a

135-acre

permanent

home

for

a

campsite

through

the

county,

including

millions

of

dollars

in

county

funding

to

support

the

development

of

the

acquired

campsite.

Through this work, Daley Strategies has supported clients advancing housing and homelessness

services,

mental

health

initiatives,

transportation

innovation,

workforce

development,

and

arts

and

entertainment

sector

recovery

in

the

wake

of

the

COVID-19

pandemic.

These

engagements

frequently

involve

coordination

with

City

and

County

departments,

elected

officials,

and

community

stakeholders,

and

require

the

same

core

4 O – Page 515 of 679

competencies relevant to this RFQ: translating complex policy and funding frameworks into clear

public

narratives,

building

constructive

relationships

with

policymakers,

and

managing

communications

in

fast-moving

environments.

This broader regional experience strengthens Daley Strategies’ work for the City of Palm Springs

by

bringing

perspective

from

comparable

urban

policy

challenges,

funding

environments,

and

stakeholder

dynamics,

while

maintaining

a

strong

local

presence

and

commitment

to

Palm

Springs’

unique

economic

development

goals.

Subcontractors
Daley Strategies does not anticipate utilizing subcontractors to deliver the core scope of work described

in

Part

2 of

this

RFQ.

The

firm

maintains

in-house

capacity

across

strategic

communications,

stakeholder

engagement,

government

relations,

and

public

affairs

sufficient

to

meet

the

City’s

needs.

If

specialized

services

are

required—such

as

polling,

advanced

graphic

design,

or

web

development—Daley

Strategies

would

coordinate

with

City-approved

vendors

or

qualified

local

partners,

subject

to

City

approval.

References

1. Kelly Bruno-Nelson, Executive Director, Medi-Cal/CalAIM at CalOptima Health a. Email: [email protected] 2. Lindsay Elliot, Executive Director, Happy Trails for Kids a. Email: [email protected] b. Phone: 813-507-8484 3. Rachel Johnson, Chief of Staff, Los Angeles Homeless Services Authority (LAHSA) a. Email: [email protected] b. Phone: (336) 413-8213 Section B – Staff and Team Qualifications
Daley Strategies employs a senior-led, integrated staffing model designed to provide municipal clients

with

both

strategic

oversight

and

hands-on

execution.

For

large-scale

economic

development

and

infrastructure

initiatives

such

as

the

Palm

Springs

Convention

Center

modernization,

the

firm

assigns

a

dedicated

core

team

with

clear

roles,

continuity

across

project

phases,

and

direct

access

to

senior

leadership.

Trevor Daley, Founder & Chief Executive Officer , provides executive-level strategic counsel and

guidance.

Mr.

Daley

brings

more

than

two

decades

of

experience

managing

government

relations,

public

affairs,

and

communications

programs

for

major

public

agencies

and

infrastructure

initiatives.

His

prior

leadership

roles

include

Deputy

Executive

Director

and

Chief

of

External

Affairs

for

Los

Angeles

World

Airports,

where

he

directed

external

affairs

for

multi-billion-dollar

airport

modernization

programs,

and

President

of

Cerrell

Associates,

one

of

California’s

leading

public

affairs

firms.

Mr.

Daley

also

served

for

nearly

fifteen

years

in

senior

5 O – Page 516 of 679

roles for U.S. Senator Dianne Feinstein, including as State Director, where he advanced major transportation

and

infrastructure

projects

across

California.

His

experience

navigating

complex

political

environments,

funding

strategies,

and

stakeholder

dynamics

informs

Daley

Strategies’

work

for

the

City

of

Palm

Springs

and

provides

a

senior-level

perspective

on

large

capital

projects.

Mark Waier, Principal , serves as Project Lead for infrastructure and economic development communications.

Mr.

Waier

has

more

than

twenty

years

of

experience

leading

communications,

stakeholder

engagement,

and

public

outreach

for

major

transportation

and

infrastructure

initiatives.

His

background

includes

senior

communications

roles

for

the

$6

billion

Landside

Access

Modernization

Program

at

LAX,

where

he

oversaw

messaging,

media

relations,

and

community

outreach

for

the

automated

people

mover

and

related

projects,

as

well

as

leadership

roles

at

Metrolink

and

in

real

estate

development.

Mr.

Waier

brings

deep

expertise

in

translating

complex

infrastructure

projects

into

clear,

credible

narratives

for

elected

officials,

stakeholders,

and

the

public.

Liam Arnade-Colwill, Account Coordinator , provides comprehensive, day-to-day project support

for

the

City

of

Palm

Springs’

Convention

Center

modernization

and

connectivity

initiative.

Mr.

Arnade-Colwill

has

been

directly

involved

in

supporting

stakeholder

working

groups,

preparing

briefing

materials

and

agendas

for

City

leadership

and

public

meetings,

assisting

with

community

engagement

logistics,

and

contributing

to

research

and

drafting

related

to

project

communications

and

Tourism

Infrastructure

District

(TID)

outreach.

His

ongoing

involvement

ensures

continuity,

institutional

knowledge,

and

responsiveness

as

the

project

advances

through

multiple

phases.

This team structure allows Daley Strategies to respond quickly to emerging issues, maintain consistent

messaging

across

audiences,

and

support

City

staff

and

elected

officials

with

reliable,

well-informed

communications

support.

Partners
Daley Strategies’ approach to the Convention Center modernization and related economic development

work

is

grounded

in

close

collaboration

with

the

City

of

Palm

Springs’

internal

leadership

team

and

the

City’s

broader

consultant

team.

While

Daley

Strategies

does

not

rely

on

subcontractors

to

deliver

its

scope

of

work,

successful

implementation

of

the

project

requires

coordinated

partnership

with

other

City-retained

consultants

and

stakeholders.

For the Palm Springs Convention Center Modernization and Connectivity Project, Daley Strategies

works

in

active

coordination

with

the

Office

of

Economic

Development,

the

City

Manager’s

Office,

the

City

Engineer,

the

Director

of

Finance

and

Treasurer,

and

other

core

City

departments

to

ensure

communications

are

aligned

with

project

delivery,

financial

planning,

and

policy

objectives.

This

internal

coordination

is

essential

to

producing

accurate,

timely,

and

Council-ready

communications

materials.

6 O – Page 517 of 679

Daley Strategies also collaborates closely with external consultants engaged by the City for the Convention

Center

project,

including

Oak

View

Group,

which

is

supporting

the

Convention

Center’s

operations

and

management

transition

and

related

website

and

digital

content;

Conventional

Wisdom,

which

provides

owner’s

rep

and

Convention

Center

project

management

expertise

and

services;

BBK,

which

provides

legal

support

and

advises

on

the

Management

District

Plan

and

Council

action;

and

Civitas,

which

is

supporting

Tourism

Infrastructure

District

development

and

implementation.

Daley

Strategies

coordinates

messaging,

public-facing

materials,

and

stakeholder

engagement

efforts

with

these

teams

to

ensure

consistency

across

technical,

financial,

and

operational

workstreams.

This partnership-based approach allows Daley Strategies to function as a connective communications

hub

across

City

staff

and

consultant

teams,

helping

translate

technical

work

into

clear

public

narratives

while

maintaining

alignment

with

the

City’s

strategic

and

economic

development

goals.

Section C – Demonstrated Understanding of the Project & Scope

of

Work

Daley Strategies approaches economic development communications as an integral component of

successful

project

delivery.

For

large

municipal

capital

projects,

communications

must

be

embedded

within

project

management,

aligned

with

policy

and

financial

considerations,

and

responsive

to

both

political

and

community

dynamics.

Daley

Strategies’

work

with

the

City

of

Palm

Springs

on

the

Convention

Center

modernization

reflects

this

integrated

approach.

Proposed Approach
For the Palm Springs Convention Center Modernization and Connectivity Project, Daley Strategies

has

developed

and

implemented

a

comprehensive

communications

strategy

that

supports

the

City’s

economic

development

objectives

while

maintaining

transparency,

public

trust,

and

stakeholder

alignment.

This

approach

includes

close

coordination

with

the

Office

of

Economic

Development

to

deliver

clear,

accessible

information

regarding

project

benefits,

timelines,

and

public

value;

preparation

of

fact

sheets,

FAQs,

presentations,

press

releases,

digital

content,

and

social

media

materials;

and

the

development

and

maintenance

of

project-specific

web

and

digital

platforms

for

information

sharing

and

public

updates.

Daley Strategies provides visual communications support—including presentations, exhibits, renderings,

and

infographics—to

help

explain

complex

design,

construction,

and

financing

concepts

to

elected

officials,

stakeholders,

and

the

public.

The

firm

designs

and

facilitates

engagement

opportunities

tailored

to

each

audience,

recognizing

that

elected

officials,

business

owners,

residents,

and

regional

partners

often

require

different

levels

of

detail

and

emphasis.

At the direction of the Office of Economic Development, and in coordination with the Owner’s Representative

and

consultant

teams,

Daley

Strategies

plans,

staffs,

and

supports

public

meetings,

open

houses,

and

workshops,

both

virtual

and

in-person.

The

firm

maintains

7 O – Page 518 of 679

stakeholder databases, tracks feedback, and prepares summaries of input to inform project decisions

and

refine

communications

strategies.

This

disciplined

approach

ensures

that

engagement

efforts

are

meaningful,

manageable,

and

aligned

with

project

objectives.

Daley Strategies also assists the City in communicating complex financial plans, including revenue

capture

methodologies

such

as

the

Tourism

Infrastructure

District.

This

work

requires

careful

framing,

consistency,

and

sensitivity

to

stakeholder

concerns.

Daley

Strategies

supports

City

leadership

in

articulating

the

rationale,

structure,

and

anticipated

benefits

of

financial

tools

in

a

manner

that

is

transparent

and

credible.

Furthermore, Daley Strategies provides strategic communications counsel to the Chief Economic

Development

Officer

and

City

Manager

in

preparation

for

City

Council

meetings

and

other

public

review

bodies.

This

includes

the

development

of

briefing

packets,

talking

points,

and

memoranda

to

support

engagement

with

elected

officials

at

the

local,

state,

and

federal

levels,

as

well

as

monitoring

relevant

legislation

and

funding

opportunities

that

may

affect

project

delivery.

Risk Management and Continuity
Large, multi-year capital and economic development projects inherently involve political, financial,

operational,

and

reputational

risks

that,

if

not

anticipated

and

actively

managed,

can

affect

public

confidence,

funding

certainty,

and

project

timelines.

Daley

Strategies

approaches

risk

management

as

an

integral

component

of

project

delivery,

embedding

strategic

communications

directly

into

project

management,

stakeholder

coordination,

and

leadership

decision-making.

Based on its experience supporting complex public infrastructure initiatives, Daley Strategies proactively

identifies

potential

risks

early

and

works

closely

with

City

leadership

to

mitigate

them

before

they

escalate.

Common

risks

on

major

capital

projects

include

budget

and

financing

uncertainty

(including

cost

escalation

or

changes

in

revenue

assumptions);

schedule

impacts

related

to

procurement,

contracting,

approvals,

or

shifts

in

funding

or

project

scope;

changes

in

stakeholder

or

political

consensus;

public

misunderstanding

of

project

rationale,

benefits,

or

financing

tools;

delays

resulting

from

litigation

or

regulatory

challenges

such

as

CEQA-related

actions;

and

reputational

risks

arising

from

third-party

actions,

market

conditions,

or

external

events

beyond

the

City’s

direct

control.

While

not

all

risks

materialize

on

every

project,

anticipating

these

scenarios

allows

the

City

to

respond

deliberately

rather

than

reactively.

Daley Strategies mitigates these risks by maintaining continuous engagement with City leadership,

internal

project

teams,

and

external

consultants;

flagging

emerging

issues

and

decision

points;

and

preparing

communications

materials

in

advance

for

a

range

of

potential

outcomes.

When

challenges

arise,

the

firm

supports

leadership

with

issue

analysis,

scenario-based

communications

planning,

and

coordinated

outreach—ensuring

that

elected

officials,

stakeholders,

and

the

public

receive

clear,

timely,

and

consistent

information.

8 O – Page 519 of 679

A recent example is the Tourism Infrastructure District (TID) component of the Convention Center

modernization

effort,

where

evolving

stakeholder

concerns

regarding

restaurant

inclusion

had

the

potential

to

affect

project

financing

and

schedule.

Daley

Strategies

supported

City

leadership

by

facilitating

stakeholder

coordination,

preparing

briefing

and

decision-support

materials,

and

developing

communications

strategies

for

multiple

possible

paths

forward.

This

work

helped

enable

a

swift

consensus

decision

to

remove

restaurants

from

the

TID,

confirm

alternative

financing

options,

and

clearly

communicate

next

steps

to

Councilmembers,

stakeholders,

and

the

broader

community.

As

a

result,

key

milestones—including

Council

action,

consultant

onboarding,

and

stakeholder

engagement—continued

largely

on

schedule,

with

minimal

disruption

to

overall

project

momentum.

More broadly, Daley Strategies views strategic communications as a core risk-management tool.

The

firm

regularly

assists

City

leadership

in

translating

complex

financial,

legal,

and

technical

information

into

clear

narratives

that

emphasize

public

benefit,

fiscal

responsibility,

and

long-term

economic

value.

This

includes

preparing

comparative

analyses,

FAQs,

presentations,

and

visual

materials

designed

to

address

stakeholder

concerns,

reduce

misinformation,

and

reinforce

confidence

in

City

decision-making.

Daley Strategies also provides seamless continuity of service. Because the firm is already deeply

engaged

with

the

City

of

Palm

Springs

on

economic

development

and

infrastructure

initiatives,

it

is

fully

prepared

to

continue

supporting

the

City

on

day

one

with

no

transition

period

or

loss

of

institutional

knowledge.

The

team’s

ongoing

work

with

the

City

Manager’s

Office,

the

Office

of

Economic

Development,

elected

leadership,

and

the

City’s

consultant

teams

ensures

consistent

messaging,

continuity

across

project

phases,

and

the

ability

to

respond

quickly

to

emerging

issues.

If

selected,

Daley

Strategies

will

continue

to

function

as

an

extension

of

the

City’s

internal

team,

helping

manage

risk,

maintain

momentum,

and

support

the

successful

delivery

of

the

Convention

Center

Modernization

&

Connectivity

Project.

Section D – Local Preference
Daley Strategies qualifies as a local business under the City of Palm Springs Local Preference Ordinance.

The

firm

maintains

a

valid

physical

presence

in

the

Coachella

Valley

and

performs

work

on

a

day-to-day

basis

within

the

region.

The

project

team,

including

Trevor

Daley,

Mark

Waier,

and

Liam

Arnade-Colwill,

brings

substantial

local

expertise

and

on-the-ground

experience.

This

is

vital

to

ensuring

the

City

receives

responsive,

informed,

and

context-sensitive

strategic

communications

support

that

reflects

Palm

Springs’

unique

character,

community,

economy,

and

governance

environment.

Section E – Forms
9 O – Page 520 of 679

ATTACHMENT “A”- Signature Authorization Form, including Addenda acknowledgment.

Must

be

completed

and

included

with

the

statement

of

qualifications.

ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included

with

the

statement

of

qualifications.

ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form.

Must

be

completed

and

included

with

the

statement

of

qualifications.

ATTACHMENT “D” – Business Disclosure Form. Must be completed and included

with

the

statement

of

qualifications.

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

statement

of

qualifications.

ATTACHMENT “F” - Executive Order N-6-22 Certification *Must be completed for

state-funded

work

and

submitted

with

the

statement

of

qualifications.

10 O – Page 521 of 679

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

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

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

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

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

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

O – Page 522 of 679

ATTACHMENT “A”

SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________

PRINTED NAME AND TITLE
____________________________________________________

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

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

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

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

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

ADDENDA ACKNOWLEDGMENT:

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

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

Addendum(s) # _______________ is/are hereby acknowledged. ✓
87-3408852
✓
Daley Strategies
1625 Sienna Court, Palm Springs, CA 92262
Trevor Daley
[email protected]
(310) 428-4178
Trevor J. Daley, Founder & Chief Executive Officer

01.06.26 1 & 2

O – Page 523 of 679

CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328

BUSINESS LICENSE CERTIFICATE
Fees Paid: $94.00

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE

LICENSEE TO OPERATE OR MAINTAIN A BUSINESS
IN VIOLATION OF ANY OTHER LAW OR ORDINANCE.

THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.

Business Name: Daley Strategies
DBA:

Owner: Trevor Daley
Mailing Address: 1625 SIENNA CT
PALM SPRINGS, CA 92262
License Number: ICA-006363-2024
Expiration Date: 05/31/2026

PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.

Business Location: 1625 SIENNA CT, PALM
SPRINGS, CA 92262
Business Description: HOP - Consultant Services

TO BE POSTED IN A CONSPICUOUS PLACE

O – Page 524 of 679

ATTACHMENT
“B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT
*THIS FO

RM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

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

Signature:___________
___________________________________
Title: _____________________________________________

Date: ______________________
Trevor J. Daley
Founder & Chief Executive Officer

01.06.26 O – Page 525 of 679

ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

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

Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.0 2, including without limitation the provision of benefits, relating to non- discrimination in city contracting.

NAME OF RESPONDER: ________________________________________

NAME and TITLE of Authorized Representative:

(Print) ______________________________________________________________

Signature and Date of Authorized Representative:

(Sign) ____________________________________________ (Date) ________________ Daley Strategies
Trevor J. Daley, Founder & Chief Executive Officer

01.06.26 O – Page 526 of 679

CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.

Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

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

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

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

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

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

NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

O – Page 527 of 679

CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

5. Type of Entity

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note:

If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

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

 Other

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

 Other

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

 Other
Daley Strategies, LLC.
1625 Sienna Court, Palm Springs, CA 92262
California
Trevor J. Daley

O – Page 528 of 679

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title Date

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

01.06.26 Trevor J. Daley, Founder & Chief Executive Officer

O – Page 529 of 679

City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

O – Page 530 of 679

ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

CITY ADMINISTRATION AND ECONOMIC DEVELOPMENT

Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:
310.428.4178
[email protected]
Happy Trails for Kids
Lindsey Elliott, Executive Director
(813) 507-8484
$120,000/year
$60,000/year
515 South Figueroa Street, Suite 1300.

Los Angeles, CA 90071
2525 Ocean Park Blvd., Suite 104
Santa Monica, CA 90403
[email protected]
Daley Strategies leads government relations and community engagement for this non-profit dedicated to providing memorable camp experiences to children in the foster care system.

The firm has assisted Happy Trails with earmark requests for the Offices of Senator Alex Padilla and Senator Laphonza Butler, who demonstrate continued support for the organization.

The firm also helped secure a permanent home for a campsite through the county, including substantial county funding to support the development of the campsite.

Los Angeles Housing Services Authority
707 Wilshire Boulevard, 10th Floor
Los Angeles, CA 90017
(336) 413-8213
January 2022 - January 2024
December 1, 2021 - Present
April 15, 2022 - Present
National Health Foundation
Daley Strategies work included local political engagement to build relationships as the organization is a key provider of affordable housing in LA County. This resulted in several new housing projects that were initiated by NHF utilizing county funding mechanisms.

Rachel Johnson, Chief of Staff
[email protected]
$102,000/year
Daley Strategies partners with the lead regional homeless services agency, a Joint Powers Authority between the City and County of Los Angeles.

The firm supports LAHSA with government engagement at all levels of government and advise executive leadership and team members on external engagement.

The firm also helps lead LAHSA’s engagement with LA City, LA County, and state elected offices and agencies.

Kelly Bruno, Chief Executive Officer

O – Page 531 of 679

ATTA
CHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 17-25)

STRATEGIC COMMUNICATIONS

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

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

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

Signat
ure:

Printed Name:

Title:

Firm Name:

Date:______________________________________
Trevor J. Daley
Founder & Chief Executive Officer
Daley Strategies

01.06.26 O – Page 532 of 679

55575.18100\42907009.1

BB&K (2024) Page 20 of 21

EXHIBIT “B”

SCHEDULE OF COMPENSATION

O – Page 533 of 679

SCHEDULE OF COMPENSATION
Palm Springs Convention Center Modernization & Connectivity Project The fee, staffing, and travel allocations below respond to the City’s request for a cost proposal with a not-to-exceed amount of $264,000, and up to $624,000 should both extension options be exercised, inclusive of all professional services to be provided by Daley Strategies. All services will be billed on an hourly, task- order basis in accordance with the contract structure.

A. Scope of Work
Consultant shall provide professional strategic communications and outreach services to support modernization and connectivity of the Palm Springs Convention Center (PSCC) Modernization & Connectivity Project on an as-needed basis. Services shall include, but are not limited to, the following:

1. Capital Project
a. At the direction of the Office of Economic Development Consultant shall develop and implement communications strategies PSCC Modernization & Connectivity Project b. Prepare materials such as fact sheets, FAQs, microsite/web content, presentations, press releases, and social media content as directed.
c. Confer with Office of Economic Development to deliver clear, accessible information to the public regarding project benefits, timelines, and other public benefits. d. Provide visual communications support (presentations, exhibits, renderings, infographics) to help explain complex projects to elected officials, stakeholders, and the public.

2. Community & Stakeholder Engagement
a. Design and facilitate engagement opportunities with stakeholders b. At the direction of the Office of Economic Development and in conjunction with the Owner’s Representative, Architectural and Engineering Services, Urban Design and Branding and Marketing teams, plan, staff, and support public meetings, open houses, and workshops—both virtual and in-person
c. Maintain stakeholder databases and provide summaries of input to inform project decisions. d. Develop and maintain project microsites or dedicated digital platforms for information sharing, public comment, and updates.
e. Assist in communicating the City’s financial plan to various stakeholders, including possible liaison with revenue capture methodologies such as a Tourism Infrastructure District (TID)

3. Strategic Counsel & Government Relations Support
a. Provide strategic communications counsel for Chief Economic Development Officer in preparing for City Council and other public review bodies
b. Develop briefing packets, talking points, and memos to support engagement with elected officials at the local, state, and federal level.
c. Monitor legislation and funding opportunities
d. Assist in building and maintaining constructive relationships with policymakers and key stakeholders.

4. Communications Planning & Media Relations

O – Page 534 of 679

a. Draft press releases, position letters, editorials, talking points, and presentations to support PSP leadership.
b. Provide media relations support, including strategy, message development, and training. c. Offer rapid response support for sensitive or high-profile issues, including crisis communications. d. Coordinate with the City’s Communications team to ensure alignment of messaging across departments.

5. On-Call Availability
a. Consultant shall be available on an as-needed basis to provide immediate support for emerging issues requiring strategic communications.
b. Services may include crisis response, stakeholder outreach, community relations, or public meeting preparation.

B. Hourly Rates Summary
The following hourly rates are fully burdened and include all labor, overhead, and profit. Rates shall govern on-call/as-needed services and any additional services requested outside of defined project scopes.

Labor Category Government Rates
(20% Discount)
Chief Executive Officer $ 420/hr
Principal $ 320/hr
Senior Vice President $ 304/hr
Vice President $ 280/hr
Account Executive $ 220/hr
Account Coordinator $ 160/hr
Senior Research Associate $ 120/hr
Research Associate $ 80/hr
Administrative Assistant $ 80/hr

O – Page 535 of 679

C. Estimated Staffing Distribution
The staffing distribution reflects a master-planning–level effort consistent with assignments of similar scope, scale, and complexity to the Palm Springs Convention Center project. The staffing distribution below is used for planning and cost-allocation purposes only and may vary by task order based on City direction and project needs:
● Chief Executive Officer: 5%
● Principal: 25-30%
● Account Executive / Account Coordinator: 25-30%
● Senior Research Associate: 15-20%
● Research Associate: 5-10%
● Administrative Assistant: 15-20%
Please note: A blended effective team rate is not used for billing; it is used only to translate NTE values into estimated hours for planning and allocation.

D. Proposed Not-To-Exceed Cost Summary
Based on the City’s identified areas of need, Daley Strategies has developed the following planning-level not-to-exceed cost distribution across the outlined deliverable categories.

Year One reflects a higher level of effort associated with project initiation, communications strategy development, realigned engagement priorities requested by City leadership, and early-stage public outreach.

Years Two and Three reflect a reduced, steady-state level of effort focused on ongoing coordination, content updates, stakeholder communications, and as-needed support as construction progresses and major policy decisions have been completed.

Actual expenditures will be governed by approved task orders and billed at the hourly rates outlined in Section B.

Year One – Professional Services Cost Summary
The Year One cost proposal reflects actual utilization to date and the anticipated level of effort associated with project initiation and early implementation, including communications planning, stakeholder engagement, and development of foundational materials.

Deliverable Estimated Hours Estimated NTE Allocation
Communications and outreach plans for Palm
Springs Convention Center
~330 hrs $ 62,172
Public engagement event planning and staffing ~330 hrs $ 62,172 Microsites, fact sheets, FAQs, and stakeholder ~270 hrs $ 50,868

O – Page 536 of 679

reports
Briefing memos and talking points for leadership
and elected officials
~200 hrs $ 37,680
Media releases and messaging documents ~95 hrs $ 17,898 Reports documenting outreach outcomes,
media coverage, and recommendations
~65 hrs $ 12,246
Website and other social media updates ~48 hrs $ 9,043
Total ~1,388 hrs $ 252,000
Hours allocated per task order based on the proposed rate sheets.

Year Two & Three – Professional Services Cost Summary
Years Two and Three reflect a reduced, steady-state level of effort aligned with later phases of the project. The distribution below applies to each renewal year, subject to City authorization.

Deliverable Estimated Hours Estimated NTE Allocation
Communications and outreach plans for Palm
Springs Convention Center
~235 hrs $ 43,750
Public engagement event planning and staffing ~205 hrs $ 38,500 Microsites, fact sheets, FAQs, and stakeholder
reports
~170 hrs $ 31,500
Briefing memos and talking points for leadership
and elected officials
~140 hrs $ 26,250
Media releases and messaging documents ~95 hrs $ 17,500 Reports documenting outreach outcomes,
media coverage, and recommendations
~55 hrs $ 10,500
Website and other social media updates ~35 hrs $ 7,000
Total ~935 hrs $ 175,000
Hours allocated per task order based on the proposed rate sheets.

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Summary of Professional Services Amounts
● Year One: $252,000
● Year Two: $175,000
● Year Three: $175,000
Note: Estimated hours are planning-level estimates based on a blended estimating rate and are intended to support transparency and scope management. Billing will occur at approved hourly rates.

Total Not-To Exceed Amounts
Inclusive of professional services and reimbursable expenses allowance (refer to Section E), the total not-to-exceed amounts are:
● Year One: $264,000
● Year Two: $180,000
● Year Three: $180,000
E. Reimbursable Expenses Allowance
In response to the City’s request, the Not-to-Exceed amount includes a planning-level allowance for reimbursable travel and related expenses associated with in-person meetings, stakeholder engagement, public outreach activities, and project coordination.

In line with varying anticipated workload across the three-year contract, the reimbursable allowance is also distributed proportionately.

Year One: up to $12,000
Year Two: up to $5,000
Year Three: up to $5,000
Assumptions:
● Frequency: At least one in-person trip per month over the contract term. ● Purpose: Stakeholder and community meetings, public engagement events, project management coordination, deliverable execution, and integration with City staff and consultant teams. ● Staffing: One to two Daley Strategies staff per trip, typically a Principal and/or Account Coordinator. ● Estimated per-trip cost: Approximately $600–$700, reflecting a mix of lodging, mileage, local transportation, and meals.

Based on these assumptions, this proposal includes a total reimbursable expense allowance of up to $22,000 for the three-year contract term, included within the overall NTE.

O – Page 538 of 679

Actual reimbursable expenses will be billed at cost in accordance with the Agreement, supported by appropriate

documentation,

and

will

not

exceed

the

authorized

allowance

without

prior

City

approval.

Any

unused

portion

of

the

allowance

will

not

be

billed.

F. General Assumptions This cost schedule reflects an informed, planning-level estimate developed based on Daley Strategies’ understanding

of

the

City’s

scope

of

work

for

strategic

communications,

public

outreach,

stakeholder

engagement,

and

related

support

services

associated

with

the

Palm

Springs

Convention

Center

Modernization

&

Connectivity

Project.

The proposed staffing distribution, estimated hours, deliverables, and cost allocations are intended to represent reasonable

assumptions

aligned

with

the

anticipated

level,

duration,

and

complexity

of

a

multi-year

capital

project,

rather

than

fixed

commitments

regarding

sequencing,

workload,

or

effort

distribution.
● The estimated hours and cost framework reflect a master-planning–level effort consistent with assignments

of

similar

scope,

scale,

and

complexity

to

the

Palm

Springs

Convention

Center

project

and

are

intended

to

establish

a

clear

baseline

for

scope

management

and

fiscal

oversight.

Any

material

increase

or

modification

to

assumptions—including,

but

not

limited

to,

additional

public

meetings,

engagement

activities,

deliverables,

coordination

efforts,

or

time-sensitive

requests

beyond

those

reasonably

contemplated—shall

constitute

a

scope

change

and

may

require

corresponding

fee

adjustments

via

task

order

or

contract

amendment.
● Daley Strategies will actively manage and staff the work to remain within the City-approved professional services

Not-To-Exceed

amounts

of

$264,000

for

Year

One

and

$180,000

for

each

of

Years

Two

and

Three,

unless

additional

authorization

is

provided

by

the

City.

All

professional

services

will

be

initiated

and

authorized

through

City-approved

task

orders

and

billed

in

accordance

with

the

approved

hourly

rate

schedule.
● Billing shall occur at approved hourly rates, and reimbursable expenses, if authorized, will be billed at actual

cost

in

accordance

with

the

Agreement.

Staffing

assignments

and

level

of

effort

for

individual

task

orders

may

vary

based

on

the

specific

needs

of

the

City,

coordination

with

the

Owner’s

Representative

and

consultant

teams,

and

the

nature

of

the

requested

services.

G. Conclusion This Schedule of Compensation reflects Daley Strategies’ understanding of the City’s strategic communications and

outreach

needs

for

the

Palm

Springs

Convention

Center

Modernization

&

Connectivity

Project.

The proposed staffing approach, deliverables-based cost framework, and reimbursable expense assumptions are

grounded

in

and

aligned

with

the

City’s

stated

scope

of

work.

The

planning-level

estimates

included

herein

are

intended

to

provide

transparency,

fiscal

accountability,

and

flexibility

while

enabling

the

City

to

authorize

services

as

needed.

Daley Strategies looks forward to supporting the City of Palm Springs on this important project and remains available

to

refine

or

supplement

this

proposal

at

the

City’s

request.

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55575.18100\42907009.1

BB&K (2024) Page 21 of 21

EXHIBIT “C”

O – Page 540 of 679

ATTACHMENT B
Public Integrity
Disclosure

O – Page 541 of 679

CITY OF PALM SPRINGS – PUBLIC INTEGRITY

DISCLOSURE

APPLICANT DISCLOSURE FORM
(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other
Officer Director Member Manager
[name]
General Partner Limited Partner
Other

O – Page 542 of 679

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date

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

01.06.26 Trevor J. Daley, Founder & Chief Executive Officer Trevor J. Daley
100%, Daley Strategies, LLC.

O – Page 543 of 679

CITY COUNCIL STAFF REPORT
DATE: April 8, 2026 BUSINESS & LEGISLATIVE
SUBJECT: RENAMING J.C. FREY BUILDING AND OTHER SPECIFIC AREAS OF

THE PALM SPRINGS PUBLIC LIBRARY
FROM: Scott C. Stiles, City Manager
BY: Library
SUMMARY:

The Memorandum of Understanding between the Palm Springs Public Library Foundation (“Foundation”) and the City of Palm Springs requires the City Council to approve naming opportunities for the Palm Springs Public Library system valued at more than $100,000.

The Foundation requests approval of naming rights for designated areas of the Palm Springs Public Library.

RECOMMENDATION:

1. Accept the gift of $250,000 from Friends of the Palm Springs Library for naming rights of the J.C. Frey Building and approve the renaming of the J.C. Frey Building to Friends of the Palm Springs Library Building.

2. Accept the multi-year sustaining gift of $125,000 from the Estate of Jane Lykken Hoff and the Inland Empire Community Foundation to name the desert landscaping and approve the naming of the desert landscaping in memory of Jane Lykken Hoff.

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

BACKGROUND:

On May 25, 2023, the City Council approved a Memorandum of Understanding (MOU) (Attachment A) between the City and the Palm Springs Public Library Foundation.

The Foundation officially launched a capital campaign on October 27, 2025, to support the library renovation, continued operation and long-term maintenance of the Palm Springs Public Library. During this initial phase, the Foundation successfully raised over $1 million, triggering a $1 million matching gift from the Library Board of Trustees Trust Fund.

A – Page 544 of 679

City Council Staff Report
April 8, 2026 -- Page 2
Renaming of J.C. Frey Building and other Areas of Library Of the more than 35 capital campaign donations committed to date, two require City Council approval, Friends of the Palm Springs Library and Jane Lykken Hoff. Seven donations require City Manager approval (Attachment B) and City Manager Stiles expects to approve those following this meeting.

Friends of the Palm Springs Library Building:

The Friends of the Palm Springs Public Library, Inc., a 501(c)(3) nonprofit organization, provides annual gifts in support of the Library that have totaled over $1 million.

Additionally, they pledged $250,000 for the opportunity to rename the J.C. Frey Building as the Friends of the Palm Springs Library Building. This building located on the Palm Springs Public Library campus was constructed in 1965 at a cost of $45,000 by the Junior Chamber of Commerce (Jaycees), deeded to the City of Palm Springs, and for years was called the Dr. Frey-J.C. Building. The name has created confusion between noted architect Albert Frey and Dr. Russell G. Frey, an avid Bridge player and prominent donor of funds to construct the building. Dr. R.G. Frey donated $7,000 at the time to help the Jaycees reach their fundraising goal. The J.C. Frey name will be retired and replaced as Friends of the Palm Springs Library Building.

Jane Lykken Hoff Desert Scaping:

Jane Lykken Hoff was born and raised in Palm Springs in 1920 and died at the age of 103 in 2023. She was the daughter of a pioneer family, Carl and Edith Lykken, who had a grocery store, hardware store, and post office. They had the first telegram service; Carl was the town’s first postmaster. Carl Lykken was a founding member of the City of Palm Springs’ Library Board, on which he served at his death at the age of 87 in 1972. Jane Lykken Hoff’s estate left numerous gifts to local nonprofit organizations through the Inland Empire Community Foundation, including a sustaining gift to the Palm Springs Public Library Foundation. In this specific instance, the Palm Springs Public Library Foundation has identified naming the desert scaping as an appropriate naming opportunity to honor her memory and love of the desert. The amount determined for naming the desert scaping was set at $125,000.

STAFF ANALYSIS:

Naming opportunities provide a meaningful way for community members to support the restoration and renovation of the Palm Springs Public Library while establishing a lasting legacy. These contributions strengthen the Foundation’s relationships with donors and help cultivate both sustaining and legacy gifts.

This fundraising approach directly advances the capital campaign’s objectives, which include enhancing the $45 million renovation project through improvements to the Children’s Room and upgrades to technology within the Community Room. The naming gifts recommended in this report are designated specifically for capital campaign purposes and are not part of the Foundation’s endowment strategy. Separately, the Foundation also intends to build a $5 million endowment to ensure long-term, reliable support for library services and programs. Together, these efforts reflect the community’s

A – Page 545 of 679

City Council Staff Report
April 8, 2026 -- Page 3
Renaming of J.C. Frey Building and other Areas of Library strong commitment to the Library’s future.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15375(a), a “Project” means the whole of an action which has a potential for resulting in a direct physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

Per the MOU, any direct costs incurred in connection with the issuance of Naming Rights Opportunities shall be assumed and paid by the Foundation or donors. This includes the cost of signage, plaques, name plates, changes in lighting and the like, and the cost of any marketing material or events required to identify and engage prospective donors.

The Foundation will remit the approved naming-rights contributions to the City as project timelines progress and as funds are needed, in accordance with the MOU’s required schedule.

REVIEWED BY:

Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Memorandum of Understanding between the Palm Springs Public Library Foundation and the City of Palm Springs
B. Memorandum to City Manager Scott Stiles for gifts of $25,001-$100,000.

A – Page 546 of 679

Attachment A

MOU Between City of
Palm Springs And PS
Library Foundation

A – Page 547 of 679

55575.18200\40893611.7

Agreement A9435
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND

THE CITY OF PALM SPRINGS

This Memorandum of Understanding (“MOU”), by and between the City of Palm Springs (the “City”), and the Palm Springs Public Libr ary Foundation (the “Foundation”), and together known as the “Parties,” establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and pros per. This MOU shall be effective on the date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties.

RECITALS

WHEREAS, the City is a charter city and California municipal corporation;

WHEREAS, the Palm Springs Library Board of Trustees (“Board”) reviews and amends library policy, reviews progress reports, discusses immediate and long-range library planning, prepares an annual budget, prepares an annual report for the City Council and State Library, and administers the Library Trust Fund;

WHEREAS, the Foundation was established as a nonprofit public benefit corporation in the State of California on June 3, 2014;

WHEREAS, the Foundation was created to engage in the solicitation, receipt, and administration of funds and property, and from time to time, to disburse such funds, property and the income thereof to, or for the benefit of, the Palm Springs Public Library system;

WHEREAS, the Foundation intends to solicit donations for the Palm Springs Public Library system from individuals, organizations and corporations and recommend to the City that the Palm Springs Public Library system amenities be named for specific donors depending on the amount donated;

WHEREAS, the Parties desire to enter this MOU to clearly delineate the responsibilities of the Parties to each other in accomplishing the purposes stated herein.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, both Parties agree as follows:












 



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55575.18200\40893611.7

Agreement A9435
2 I. OBLIGATIONS OF THE CITY

a. Governance/Administration

i. Authorize the Foundation to use the name, likeness and logo of the City and the Palm Springs Public Library when deemed appropriate by the Director of Library Services, or his or her designee.
ii. Prior to any use of the Foundation’s logo the City shall receive approval of the President of the Foundation.
iii. Recognize the Foundation as a legally separate, independent entity with its own governing body.

b. Coordination

i. Provide support for mutually agreed upon Foundation programs, budgets, projects, fundraising activities, and/or reports.
ii. Provide staff consulting and technical assistance for mutually agreed upon improvement programs and projects whenever possible. iii. Assist the Foundation’s coordina tion with other agencies, as needed. iv. Hold a regular meeting, at a min imum annually, between the City and the Foundation to discuss matters mutually agreed upon between the City and the Foundation.
v. The Director of Library Services sh all be the primary contact on behalf of the City.

c. Maintenance Standards
i. Except as may be set forth in one or more Facility Use Agreements, the City shall be solely responsible for maintaining all Palm Springs Public Library system facilities in good condition, substa ntial repair, in a safe, clean and sanitary condition, and in compliance with all rules, regulations, ordinances, or laws.
d. Finances

i. Any funds provided to the City under this MOU shall be used to support the construction, operation, maintenance, and improvement of the Palm Springs Public Library system.
ii. Upon receiving any funds pursuant to II.c.iii., determine whether any such funds are funds contributed to the Foundation from the Library Trust Funds and return any such funds to the appropriate Library Trust Fund account(s). e. Services Offered to the Foundation

i. Provide space at Palm Springs Public Library system facilities, as well as program and maintenance support for activities and other Palm Springs Public Library system improvement projects, to include meeting, program, 










 



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55575.18200\40893611.7

Agreement A9435
3 fundraising, and event space at mutually agreed upon times at the Palm Springs Public Library system facilities. To the extent that a Palm Springs Public Library system facility is use d, either by the Foundation itself (i.e., for meetings or events), or by third parties (i.e., for fundraising events), any such use shall be subject to a Facility Use Agreement, in a form approved by the City Attorney and City Manager.
ii. Promote the Foundation’s presence and programs, as permitted. iii. Publicly recognize the work, cont ributions, services, and/or donations received directly or i ndirectly from the Foundation.
iv. The City will coordinate with the Foundation to erect and/or install signage and other Library Elements (as define d in Section III.a, below) at Palm Springs Public Library system facilities. The approval, permitting and display of such signage shall be subject to the City’s laws and regulations.

The Foundation will pay for the signa ge and the City shall provide personnel to assist in erecting and/or installing the signage at the Palm Springs Public Library system facilities. Notwithstanding the foregoing, for electronic signage, the City shall pa y for, maintain, and update such electronic signage for Palm Springs Pu blic Library events and for donor recognition.
viii. Contributions. The Board may, in its sole and absolute discretion, disburse funds to the Foundation to assist th e Foundation in its fundraising efforts for the benefit of the Palm Springs Public Library system. The Board shall consider contribution requests made in accordance with Section II.d below.

II. OBLIGATIONS OF THE FOUNDATION

a. Governance/Administration

i. Register with the Internal Revenue Service (IRS) and California Franchise Tax Board (FTB) as a non-profit orga nization, and maintain such status. ii. Meet federal, state and local charitable solicitation requirements, if the Foundation solicits funds.
iii. Obtain and maintain any necessary permits, licenses, special insurance, equipment, and inspections for Foundation programs, activities, or events and pay associated costs or fees, if any.
iv. Authorize the City to use the logo of the Foundation to promote the Foundation and its activities when deemed appropriate by the President of the Foundation. v. Prior to any use of the name, likeness and logo of the City and the Palm Springs Public Library the Foundation shall receive approval of the Director of Library Services, or his or her designee.

b. Coordination

i. Work with the Director of Library Services or his or her designee and the Board to coordinate on Foundation plans, programs, needs, and projects. 










 



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55575.18200\40893611.7

Agreement A9435
4 ii. Coordinate fundrai sing activities on Palm Springs Public Library system facilities with Palm Springs Public Library staff.
iii. The Foundation shall provide semi-a nnual reports to the Director of Library Services showing all donations, disbursements and other expenditures, and funds held. Moreover, the report shall list the number of fundraising events held, and the amount of money raised from each event. These reports shall be provided to the Director of Library Services on February 1 and August 1 of each year. The Foundation shall provide any financial records requested by the City within thirty (30) days following such request.

c. Finances

i. Comply with all IRS and FTB non-profit requirements to remain in good standing.
ii. Donate specific, individual donations for the purchase and/or design and construction of Palm Spring Public Library system facility features, as set forth in Section IV, below.
iii. Upon dissolution, return any and a ll funds donated to the Foundation for the benefit of the Palm Springs Public Library system to the City, in accordance with Article IX of the Articles of Incorporation of the Palm Springs Public Library Foundation.

d. Contribution Requests

i. The Foundation may submit contribution requests to the Board for the following expenses: fundraising events and efforts, fundraising data collection tools (including software or databases), personnel salaries for the Foundation’s Executive Director or other fundraising/administrative staff, program support for new or ongoing programs and services at the Palm Springs Public Library, costs for capital or awareness campaigns, and other expenses to directly support activities th at either support or raise funds for the Palm Springs Public Library.
ii. The Foundation shall not submit any contribution requests to the Board for the following expenses: memberships, and travel or meal expenses (including expenses for alcohol).
iii. Each contribution request submitted to the Board shall include the following items/information in order to be considered by the Board:

1. The amount of the contribution sought;

2. A description of the activity, services, or goods that the contribution will be used for;

3. A specific budget demonstrating how the contribution will be allocated; and

4. A description of the forecasted or anticipated outcome of the activity, services, or goods for which the contribution will be used.












 



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Agreement A9435
5 III. NAMING RIGHTS FOR THE LIBRARY AND ITS ELEMENTS
a. Right to Issue Naming Rights. The Parties acknowledge and agree that the Foundation will be better able to support the renovation and con tinued operation and long-term maintenance of the Palm Springs Public Library system if it is able to raise funds through the issuance of naming rights for the Palm Springs Public Library and its component parts (“Naming Rights Opportunities”). Examples of potential Naming Rights Opportunities include, but are not limited to, the Library itself, the lobby, rooms, othe r facilities, and improveme nts, (the “Library Elements”). To the extent permitted by law, and subject to the City’s prior approval, as set forth in Section III.c, the Foundation shall have the right to issue Naming Rights Opportunities to the Palm Springs Public Library and the Library Elements.
b. Term of Naming Right. The name will be affiliated with the Library Element for the applicable Naming Rights Term depending on the amount donated, as follows:

Amount Donated Naming Rights Term
Less than $5,000 1 years
$5,001 to $10,000 5 years
$10,001 to $50,000 10 years
$50,001 to $100,000 15 years
$100,001 or More 20 years

c. Termination of Naming Right. Notw ithstanding the specified Naming Rights Term, if the Library Element must be replaced or substantially repaired, it may be renamed for a new donor. The Naming Rights Opportuni ty may additionally be terminated under the following circumstances:
i. The Foundation and the City shall each individually retain the right to rescind the naming rights if, in their sole discretion, it is determined that (i) a previously-approved name has become inap propriate due to subsequent criminal acts or acts of moral turpitude of the donor or the person or entity honored by the issuance of the naming rights, (ii) a donor has failed to meet its financial obligations relating to a pledged donation, or (iii) a ny other factor relating to the donor, the honoree, or the donation has arisen that would discredit the Foundation, the Palm Springs Public Library, or the City and/or is contrary to the City’s interests. d. The City’s Prior Approval. The City shall retain all cont rol over location, size, type, and amount of all Naming Rights Opportunities, and any in-kind donation. Prior to issuing any Naming Rights Opportunity, the Foundation sha ll obtain the City’s written approval of the Naming Rights Opportunity, including as applic able, the proposed location, size, type of opportunity, any required signage /installation, expected donation amount, value of in-kind 










 



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Agreement A9435
6 donation, and the donor’s name. The City shall have thir ty (30) calendar days to review and approve or deny any proposed Naming Rights Opportunity. i. The Director of Library Services ha s the authority to approve or disapprove a proposed Naming Rights Opportunity up to $25,000.
ii. The City’s City Manager has the authority to approve or disapprove a proposed Naming Rights Opportunity in excess of $25,000 up to $100,000. iii. Naming Rights Opportunities in ex cess of $100,000 shall require specific approval by the City’s City Council.
iv. The Foundation shall not be required to obtain City approval for dedication plaques, engraved tiles or bricks or donor walls in lo cations approved by the City in its sole and absolute discretion. Such features shall be consistent with the design and functionality of the Palm Springs Public Library.
e. Proceeds from Naming Rights. Othe r than reasonable Foundation operating expenses, the Foundation will us e all donations it receives for th e benefit of the Palm Springs Public Library system, including the restorati on, operation (including pr ograms and services), maintenance, and improvement of the Palm Springs Public Library System. The Foundation shall provide City the proceeds from the Naming Rights w ithin thirty (30) days of receipt from donor.

If the Foundation determines operating expenses ar e necessary to be retained from the donation, the Foundation shall provide the Director of Libr ary Services documentation of the expense and justification for retaining the operating expense. If the Director of Library Services does not agree to the retaining of the operating expense, a hearing shall be held before the Board to determine if the operating expense is justified. If the Board determines the operating expense is not justified, the Foundation shall return the withheld proceeds of the donation to the City within thirty (30) days from the Board hearing.

f. Costs. Any direct costs incurred in connection with the issuance of Naming Rights Opportunities shall be assumed and paid entirely by the F oundation or by donors. As further described below, this includes, without limitation, the cost of signage, plaques, name plates, changes in lighting, and the like, and the cost of any marketing materials or events required to identify and engage prospective donors. The Fo undation shall be responsib le for repairing any damage to any signage, plaques, or name plates. The City shall not be obligated to replace any Library Element or signage, plaque, or name plate that is damaged or destroyed. Any donor with naming rights to the damaged Library Element shal l be honored in an alternative method at the sole discretion of the Director of Library Services.
g. No Property Interest. Notwithstanding a ny provision of this MOU, the Parties do not intend to convey any ownership or other inte rest in the Palm Springs Public Library and nothing in this MOU or any donation agreement sha ll be construed or inte rpreted as a grant of easement or any other interest in any property , including any portion of any Palm Springs Public Library system facility. If this MOU or any provisions of this MOU are construed or interpreted by a court of competent jurisdiction as conveying an interest in real prop erty among the Parties, 










 



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Agreement A9435
7 this MOU shall immediately become of no further force or effect, without notice to or action by any Party.

IV. DONATIONS TO FUND LIBRARY ELEMENTS
a . It is understood that the Foundation sha ll have the right to solicit donations that are designated by an individual donor (the “Specific Donation”). The Specific Donation can be designated by the individual donor toward the F oundation’s endowment or for use towards the purchase and/or design and constr uction of the Palm Springs Public Library, or the construction and installation of any Library Element. The individual donors and any conditions attached to the Specific Donation shall be consistent with the goals, values and objectives of the City and the Foundation and the design and functionality of the Palm Springs Public Library system facility for which the Specific Donation was made.

V. INSURANCE

The Foundation shall obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on the Foundation’s structure and activities.

VI. AMENDMENT, RENEWAL AND TERMINATION

a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on the expiration of ten (10) years following the Effective Date (“the Expiration Date”). Either Party may renew this MOU for an additional period of ten (10) years to commence upon the Expiration Date. To exercise this option to renew, a Party must deliver to the other Party a written notice of its exercise of the option to renew at least sixty (60) days prior to the Expiration Date.

b. Any modifications, assignm ents, alterations, or extens ions must be in writing, signed, and approved by both Parties.

c. This MOU may be terminated by either Party upon 30 days written notice.

d. Distribution of Proceeds Upon Expiration of the Term or Termination. At the Board’s sole and absolute discretion, any loan made to the Foundation by the Board may become automatically due and payable upon termination or upon expiration of the Term.

VII. INDEMNITY

a. Each Party agrees to indemnify, defend, and hold harmless the other Party, its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys’ fees and costs of suit, to the extent caused by, arising out of, or in connection wit h, the indemnifying Party’s negligent or 










 



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Agreement A9435
8 wrongful acts or omissions arising from its respective activities pursuant to this MOU.

VIII. DISPUTE RESOLUTION
a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will m eet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process.

IX. GENERAL PROVISIONS

a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, w ithout obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of the Foundation and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and th e Foundation understand, acknowledge and agree that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The City and the Foundation understand, ac knowledge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein. d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. e. Warranty of Authority. The persons exec uting this MOU on behalf of the City and the Foundation represent and warrant that they ar e duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. f. Severability. If any section, subsection, se ntence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held inva lid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU.
g. Notices. All notices, demands and co mmunications between the City and the Foundation shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses:











 



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Agreement A9435
9 City of Palm Springs Palm Springs Public Library Foundation 3200 E. Tahquitz Canyon Way 300 S. Sunrise Way
Palm Springs, CA 92262 Palm Springs, CA 92262
Attn: City Manager Attn: President

The foregoing names, addresses may be changed at any time by written notice, as provided above. h. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity sh all be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. i. Counterparts. This MOU may be execu ted electronically, a nd in one or more counterparts, each of which shall constitute an original.

IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date.

[Signatures on the following page.]












 



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Agreement A9435
10 SIGNATURE PAGE
TO

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE PALM SPRINGS PUBLIC LIBRARY FOUNDATION
AND

THE CITY OF PALM SPRINGS

PALM SPRINGS PUBLIC LIBRARY

FOUNDATION

CITY OF PALM SPRINGS

By: ___________________________
David Sidley, President

Date: ___________________

By: ___________________________
Scott C. Stiles City Manager

Date: ___________________

By: ___________________________
Serena Leiterman, Secretary

Date: ___________________

ATTEST:

By: ___________________________
Brenda F. Pree, MMC, CERA, City
Clerk

APPROVED AS TO FORM:

By: ___________________________
Jeffrey S. Ballinger
City Attorney












 




 










A – Page 557 of 679

Attachment B

Memorandum to City
Manager for Gifts of
$25,001-$100,000

A – Page 558 of 679

City Manager Memorandum
March 16, 2026 -- Page 2
Library naming rights

MEMORANDUM

DATE: MARCH 16, 2026

SUBJECT: RENAMING SPECIFIC AREAS OF THE PALM SPRINGS PUBLIC

LIBRARY

TO: Scott C. Stiles, City Manager

FROM: Jeannie Kays, Director of Library Services

SUMMARY:

The Memorandum of Understanding between the Palm Springs Public Library Foundation (“Foundation”) and City of Palm Springs requires the City Manager to approve naming opportunities for the Palm Springs Public Library of donations between $25,000- $100,000. The Foundation requests approval of naming rights for designated areas of the Palm Springs Public Library.

BACKGROUND:

On May 25, 2023, the City Council approved a Memorandum of Understanding (MOU) (Attachment A) between the City and the Palm Springs Public Library Foundation.

The Foundation officially launched a capital campaign on October 27, 2025, to support the library renovation, continued operation and long- term maintenance of the Palm Springs Public Library. During this initial phase, they successfully raised over $1 million , triggering a $1 million matching gift from the Library Board of Trustees Trust Fund. At this writing, two gifts are going before City Council for approval at the April 8, 2026, meeting.

1. A $250,000 gift from Friends of the Palm Springs Library , to rename the Dr.

R.G. Frey-Jaycees building the Friends of the Palm Springs Library building.

2. A $125,000 gift on behalf of the Jane Lykken Hoff Endowment from the Inland Empire Community Foundation to name the desert landscaping around the library in her memory.

A – Page 559 of 679

City Manager Memorandum
March 16, 2026 -- Page 3
Library naming rights

The following donations require City Manager approval:

Library Atrium — $100,000
Anonymous

This gift is made by a longtime member of the Board of the Friends of the Palm Springs Library and a former City of Palm Springs commissioner. The Library Atrium will be named in memory of the donor’s parents, honoring their legacy and supporting the library as a welcoming gathering space for the community.

Study Room & Children’s Room Creative Elements — $100,000 Karla Kjellin-Elder and Jeff Elder

Karla Kjellin -Elder and Jeff Elder are active supporters of numerous nonprofit organizations in the Coachella Valley. Since relocating from Orange County, they have made significant philanthropic contributions to organizations including DAP Health and The Living Desert. Now Palm Springs residents, they continue to invest their time and charitable support in strengthening the community.

Family Patio — $100,000
Lamb Family Foundation

The Lamb Family Foundation was established by Joan Lamb to support charitable causes with a primary focus on education. A graduate of Stanford University and UCLA Anderson School of Management, Lamb built a career in banking and investment banking before later serving in public service in Sun Valley, Idaho. A longtime seasonal resident of Palm Springs, she credits libraries as foundational to her own success and is proud to support opportunities for learning and community connection.

Large Study Room — $75,000
Deborah Schwarz (In Memory of Joanne Schwarz)

This gift is made by a Trustee of the Palm Springs Public Library in honor of her mother, Joanne Schwarz, a children’s librarian and teacher. It celebrates her lifelong love of books and her dedication to introducing young people to the magic of reading. Through this tribute, her legacy will continue to inspire learning and curiosity for generations to come.

A – Page 560 of 679

City Manager Memorandum
March 16, 2026 -- Page 4
Library naming rights

Local History Wall — $50,000
Eric and Vivian Chiel

Eric and Vivian Chiel have long supported the Palm Springs Public Library and its efforts to celebrate and preserve local history. Eric has hosted exhibitions on Mid- Century Modern architecture and presented programs on researching neighborhood history. Their support of the Local History Wall will help create rotating displays that highlight the people, architecture, and stories that define Palm Springs.

Passport Office — $50,000
Jim Gray & Bernard Rottner, and Betty Rae Smith

Jim Gray and Bernard Rottner, along with Jim’s sister Betty Rae Smith, made this gift to support the Library’s Passport Office and expand services for the community. Jim serves on the Board of the Palm Springs Public Library Foundation, and Bernard chairs the Palm Springs Sustainability Commission. Having lived abroad, Jim and Bernard in Ireland and Betty Rae in Singapore, they believe international travel fosters cultural understanding and global connection.

Rainbow Endowment — $50,000
Ken Pengelly and David Engen

Ken Pengelly and David Engen have been generous supporters of the Palm Springs Public Library since relocating from Minnesota. Both previously served on the Board of the Palm Springs Public Library Foundation, where David continues to serve today. Their support of the Rainbow Endowment reflects their commitment to ensuring the library remains a welcoming and inclusive space for all.

Gifts of distinction approved at Library Director level:

Children’s Play Structure — $15,000
BIGHORN Cares Foundation

Computer Terminals— $15,000
Sue Burnside
Jack Fitzsimmons and Walter Gendell

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City Manager Memorandum
March 16, 2026 -- Page 5
Library naming rights

Book Stacks — $10,000
Jessica & Gary Grace
Ron Florance
Sara Rutenberg

Other gifts with no naming or naming location not yet assigned:

$5,000-$15,000:

David Brinkman
Mike Fedderson and Tom McClay
Kevin E. Harrigan and Joel Preston
Timothy Hohmeier
David Huebner
Ed McBride and Tad Green
Laura (Lolly) Mitchell
Jeffrey Norman
Steve and Wendy Rubin
Dr. Elizabeth Smalley and Garth Gilpin
Carol M. Tallichet in memory of David C. Tallichet
Nancy Ventrudo
William and Pamela Wylie

$1,000-$4,999:

Salim Alama
Gretchen Cotter
Pamela Erwin and Susan Unger in memory of Harold Matzner Brad Fuhr
David Haugland
Charles and Karen Nourrcier
Mary and Frank Phillips
Peter Schireson
Fred Schmeltzer
Kathy Weremiuk
Ron Willison

Gifts $500 and under:

Phyllis Bart
Scott Discount
Roy Huebner
Robyn Meltzer
Roger Neustadter
Cass Stillman
Chris and Pat Teske in honor of Maggie Teske

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City Manager Memorandum
March 16, 2026 -- Page 6
Library naming rights

REQUEST:

At this time, the Palm Springs Public Library Foundation is requesting City M anager approval for the following names:

Anonymous
Karla Kjellin-Elder and Jeff Elder
Lamb Family Foundation
Deborah Schwarz
Eric and Vivian Chiel
Jim Gray, Bernard Rottner, and Betty Rae Smith
Ken Pengelly and David Engen

Jeannie Kays
Director of Library Services

ATTACHMENTS:

A. Memorandum of Understanding between the Palm Springs Public Library Foundation and the City of Palm Springs

A – Page 563 of 679

CITY COUNCIL STAFF REPORT
DATE: April 8, 2026 CONSENT CALENDAR
SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH THE PALM SPRINGS

TOURISM INFRASTRUCTURE DISTRICT
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

Adoption of this Resolution (Attachment A) will result in a public meeting on May 12, 2026 and a public hearing on May 27, 2026, on the formation of the Palm Springs Tourism Infrastructure District and the levy of assessments on lodging businesses.

RECOMMENDATION:

1. Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ESTABLISH THE PALM SPRINGS TOURISM INFRASTRUCTURE DISTRICT (PSTID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF”.

2. Authorize the City Manager to execute all documents consistent with this Resolution.

BACKGROUND:

The Palm Springs Tourism Infrastructure District (PSTID) is a benefit assessment district proposed to create a revenue source to help fund capital improvements and debt service programs for Palm Springs lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed businesses. The proposed PSTID includes all lodging businesses available for public occupancy, existing and in the future, located within the boundaries of the City of Palm Springs.

Lodging business owners decided to pursue formation of the PSTID in order to create a revenue source devoted to increasing demand for overnight visitation to Palm Springs as a tourist, meeting and event destination. If established, the PSTID would generate approximately $4,100,000 on an annual basis for capital improvements and debt service

B – Page 564 of 679

City Council Staff Report
April 8, 2026 -- Page 2
Resolution of Intention to Establish the Palm Springs Tourism Infrastructure District programs intended to increase visitation and increase the desirability of the Palm Springs Convention Center as a tourist, meeting, and event destination.

TOURISM INFRASTRUCTURE DISTRICTS
Tourism Infrastructure Districts (TIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow assessed business owners to organize their efforts to increase tourism. Business owners within the TID fund the TID, and those funds are used to provide services that are desired by and benefit the assessed businesses within the TID.

TID benefits:
Funds cannot be diverted for other government programs. They are customized to fit the needs of each destination. They allow for a wide range of services, including destination marketing, tourism promotion, sales lead generation, and capital improvements. They are designed, created and governed by those who will pay the assessment. They provide a stable funding source for tourism promotion.

In California, TIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TID. The City Council adopted Ordinance No. 2124 (Ordinance), establishing Chapter 3.29 of the Palm Springs Municipal Code, which modifies the 1994 Law to allow the City to pledge assessment revenues to bond repayment and other obligations for a term of up to forty (40) years.

The PSTID is proposed to be established pursuant to the provisions of the 1994 Law and the Ordinance.

MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment B) includes the proposed boundary of the PSTID, a service plan and budget, and a proposed means of governance. The PSTID will include all lodging businesses available for public occupancy, existing and in the future, located within the boundaries of the City.

The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on the following: stays of more than twenty-eight (28) consecutive days; any person as to whom or any occupancy as to which it is beyond the power of the City to impose the assessment herein provided; any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays pursuant to contracts executed prior to July 1, 2026.

B – Page 565 of 679

City Council Staff Report
April 8, 2026 -- Page 3
Resolution of Intention to Establish the Palm Springs Tourism Infrastructure District The proposed PSTID will have a term equal to the number of years necessary to pay off the bonds, which is expected to occur thirty (30) years after the effective date of the assessment, but in no event will occur beyond forty (40) years from the date of issuance of the first series of bonds, beginning July 1, 2026, or as soon as possible thereafter.

The City will be responsible for collecting the assessment on a monthly basis from each assessed business. If funds allow, any excess revenue collected in excess of what is needed to pay principal and interest on the bonds or other obligations issues or incurred shall be forwarded to PS Resorts to fund marketing and sales programs, in accordance with the Management District Plan. The City shall be paid a fee of up to three percent (3%) of the amount of assessment collected to cover its costs of collection and administration.

PSTID FORMATION PROCESS
April 8, 2026 RESOLUTION OF INTENTION HEARING
Upon the submission of a written petition signed by the business owners in the proposed PSTID who will pay more than fifty percent (50%) of the assessments proposed to be levied, the City Council (Council) may initiate proceedings to establish the PSTID by the adoption of a resolution expressing its intention to establish the PSTID.

Petition Status: Petitions in favor of PSTID formation were submitted by assessed businesses, which represent more than fifty percent (50%) of the total PSTID assessment. This majority petition allows the Council to initiate proceedings for PSTID formation at the April 8, 2026 meeting.

No later than
April 12, 2026 NOTICE
The 1994 Law requires the City to mail written notice to the owners of all businesses proposed to be assessed within the PSTID. Mailing the notice begins a mandatory forty-five (45) day period in which assessed business owners may protest PSTID formation.

May 12, 2026 PUBLIC MEETING
Allow public testimony on the formation of the PSTID and levy of assessments. No Council action required.

May 27, 2026 FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the proposed PSTID which will pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no

B – Page 566 of 679

City Council Staff Report
April 8, 2026 -- Page 4
Resolution of Intention to Establish the Palm Springs Tourism Infrastructure District further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.

If the Council, following the public hearing, decides to establish the proposed PSTID, the Council shall adopt a resolution of formation.

STAFF ANALYSIS:

The Council could choose not to adopt the Resolution of Intention. Staff do not recommend this option.

FISCAL IMPACT:

None immediately. The City will receive a fee of up to three percent (3%) of the amount collected to cover its costs of administration. Because the PSTID programs are intended to increase visitation to the City, there may be an increase in Transient Occupancy Tax and Sales Tax Collections.

REVIEWED BY:

Department Director: Kristopher J. Mooney
Economic Development Officer: Wayne Olson
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution
B. Management District Plan

B – Page 567 of 679

ATTACHMENT A
Resolution

B – Page 568 of 679

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS DECLARING ITS INTENTION TO ESTABLISH

THE PALM SPRINGS TOURISM INFRASTRUCTURE DISTRICT

AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING

AND A PUBLIC HEARING THEREON AND GIVING NOTICE

THEREOF

WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq. (the “94 Law”), authorizes the City of Palm Springs (the “City”) to establish business improvement districts for the purposes of promoting tourism; and

WHEREAS, on February 11, 2026, the City Council adopted Ordinance No. 2124 (the “Ordinance”), adding Chapter 3.29 to the Palm Springs Municipal Code, which establishes the “City of Palm Springs Tourism Improvement District Law” and authorizes the City Council to enact provisions different than, supplemental to, or in addition to the 94 Law, including the authority to pledge assessment revenues to bonds and other obligations until their maturity, but in no case for a term exceeding forty (40) years;

WHEREAS, lodging businesses, industry stakeholders, and representatives from the City have met to consider the formation of the Palm Springs Tourism Infrastructure District (the “PSTID”); and

WHEREAS, assessed businesses worked with industry stakeholders to develop a Management District Plan (the “Plan”) which sets forth the proposed boundary of the PSTID, a service plan and budget, and a proposed means of governance, the assessment of the lodging business within the PSTID to finance improvements and services described in the Plan, and that the Plan was prepared in accordance with the 94 Law and the Ordinance; and

WHEREAS, the purpose of the PSTID will be to fund services that benefit the assessed businesses, to fund capital improvements including expansion and modernization to the Palm Springs Convention Center’s, and to pay debt service on any bonds of the PSTID issued for the purpose of funding the capital improvements as more specifically described in the Plan;

WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the PSTID have petitioned the City Council to establish the PSTID.

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

SECTION 1. The recitals set forth herein are true and correct.

SECTION 2. The City Council finds that the assessment will be on lodging businesses in the City and that the assessed businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the

B – Page 569 of 679

Resolution No.