Cities Index.
Agenda packet

Palm Springs City Council
August 26, 2026

Document
Agenda packet
Meeting
August 26, 2026
Body
Palm Springs City Council
Pages
22,222,222
Original file
163.1 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

BRENDA PREE

CITY CLERK

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ATTACHMENT B
Payroll & Warrants Memo
for PPE May 9, 2026

U – Page 801 of 1230

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants
TOTAL 2,825,033.34
DEFERRED COMP: NATIONWIDE 75,497.83
ICMA RHS CONTRIBUTION 33,600.00
CA DCCS 5,656.99
STATE TAXES 137,022.41
VENDOR WIRE PYMTS 15,542.90
DEFERRED COMP: ICMA 457 71,459.04
FEDERAL TAXES 399,553.57
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423303 - 423308 13,021.95
LIABILITY CHECK REGISTER 2031058 - 2031069 28,096.44
PAYROLL DIRECT DEPOSITS 2,045,582.21
PAY DATE 5/15/2026
August 26, 2026
PAYROLL PERIOD ENDING 5/9/2026
Attachment B - Payroll & Warrants Memo for PPE May 9, 2026 | 082626 |8/5/2026 | 8:38 AM (AM) 1 | 1

U – Page 802 of 1230

ATTACHMENT C
Payroll & Warrants Memo
for PPE May 23, 2026

U – Page 803 of 1230

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants
TOTAL 2,711,129.12
DEFERRED COMP: NATIONWIDE -

ICMA RHS CONTRIBUTION -
CA DCCS 543.15
STATE TAXES 151,843.22

VENDOR WIRE PYMTS -
DEFERRED COMP: ICMA 457 -
FEDERAL TAXES 430,227.81
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 423309, 423310 - 423319 26,487.00 LIABILITY CHECK REGISTER 2031290 - 2031292 2,196.75
PAYROLL DIRECT DEPOSITS 2,099,831.19
PAY DATE 5/29/2026
August 26, 2026
PAYROLL PERIOD ENDING 5/23/2026
Attachment C - Payroll & Warrants Memo for PPE May 23, 2026 | 082626 (2) |8/5/2026 | 8:43 AM (AM) 1 | 1

U – Page 804 of 1230

ATTACHMENT D
AP Check Reconciliation
Register for May 7, 2026

U – Page 805 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030813 05/07/2026 PRINTED 104375 4LEAF INC 8,400.00
2030814 05/07/2026 PRINTED 104726 ACCENTURE LLP 123,676.28 2030815 05/07/2026 PRINTED 101263 ACTION PARK ALLIANCE 53,390.00 2030816 05/07/2026 PRINTED 100292 ADMINSURE INC 20,799.00 2030817 05/07/2026 PRINTED 105588 ADVANTAGE TOTAL PROTECTIO 6,487.50 2030818 05/07/2026 PRINTED 104401 HEALTH AND HUMAN RESOURCE 2,293.30 2030819 05/07/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 7,020.75 2030820 05/07/2026 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 44,381.25 2030821 05/07/2026 PRINTED 103797 ALLISON MECHANICAL INC 66,730.82 2030822 05/07/2026 PRINTED 100572 AMAZON COM 95.78
2030823 05/07/2026 PRINTED 103781 AMAZON.COM SALES INC 1,373.88 2030824 05/07/2026 PRINTED 100383 AMERICAN FORENSIC NURSES 523.00 2030825 05/07/2026 PRINTED 105512 AMERICAN INTEGRATED SERVI 26,154.11 2030826 05/07/2026 PRINTED 100221 AMERIGAS 141.86
2030827 05/07/2026 PRINTED 105013 APTAERO INC 3,100.00
2030828 05/07/2026 PRINTED 105129 ART IN METAL USA LLC 5,000.00 2030829 05/07/2026 PRINTED 105325 AT&T MOBILITY LLC 488.88 2030830 05/07/2026 PRINTED 105661 AVALON PALM SPRINGS 2,636.00 2030831 05/07/2026 PRINTED 103384 AVIATRIX COMMUNICATIONS 800.00 2030832 05/07/2026 PRINTED 100413 B & H PHOTO 586.68
2030833 05/07/2026 PRINTED 105302 JAKE BACHMAN 1,250.00 2030834 05/07/2026 PRINTED 016776 JAMES BARQUERA 656.56 2030835 05/07/2026 PRINTED 105372 ACKLEY SCOOPS LLC 569.20 2030836 05/07/2026 PRINTED 105123 LAWRENCE SINOR 9,550.00 2030837 05/07/2026 PRINTED 104386 BERG AND ASSOCIATES INC 36,481.82 2030838 05/07/2026 PRINTED 015894 SCOTT BIEGEN 55.90
2030839 05/07/2026 PRINTED 105168 BIRD ROCK SYSTEMS INC 11,340.00 2030840 05/07/2026 PRINTED 101696 BLACK AND WHITE EMERGENCY 6,133.38 2030841 05/07/2026 PRINTED 105300 BLUETRITON BRANDS INC 406.42 2030842 05/07/2026 PRINTED 015989 LISA BROCK 1,961.06
2030843 05/07/2026 PRINTED 100128 BRODART CO 1,254.29
2030844 05/07/2026 PRINTED 104371 BUBBLES CARPET CLEANING L 9,364.00 2030845 05/07/2026 PRINTED 100623 CA BUILDING STANDARDS COM 5,222.70 2030846 05/07/2026 PRINTED 104497 CALIFORNIA PPE RECON INC 6,884.50 2030847 05/07/2026 PRINTED 103604 CAROLLO ENGINEERS INC 15,233.56 2030848 05/07/2026 PRINTED 105680 CARTER PERMIT CONSULTING 7,273.00 2030849 05/07/2026 PRINTED 101837 CASC ENGINEERING AND CONS 8,210.00 2030850 05/07/2026 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2030851 05/07/2026 PRINTED 100353 CHARTER COMMUNICATIONS 307.83 2030852 05/07/2026 PRINTED 015915 MARK CHAVEZ JR 560.00 2030853 05/07/2026 PRINTED 016190 JAVIER CLIFT 269.77
2030854 05/07/2026 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 205,220.93 2030855 05/07/2026 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 39,576.91 2030856 05/07/2026 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 14,332.50 2030857 05/07/2026 PRINTED 104851 CODE STUDIO INC 72,380.10 2030858 05/07/2026 PRINTED 101744 COMPRESSED AIR SPECIALTIE 600.88 2030859 05/07/2026 PRINTED 103834 COMPUTERSHARE TRUST COMPA 2,500.00 2030860 05/07/2026 PRINTED 104051 CONVERGINT TECHNOLOGIES L 1,033.46 2030861 05/07/2026 PRINTED 016170 SEAN CORBIN 71.92
2030862 05/07/2026 PRINTED 100205 NANCY K BOHL INC 325.00 2030863 05/07/2026 PRINTED 100196 COUNTY OF RIVERSIDE 7,279.01 2030864 05/07/2026 PRINTED 010915 JARVIS CRAWFORD 69.02

U – Page 806 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030865 05/07/2026 PRINTED 100326 KAM SOFTWARE TECHNOLOGIES 3,900.00 2030866 05/07/2026 PRINTED 016083 KIRSTEN D'AMATO 1,734.73 2030867 05/07/2026 PRINTED 100179 DAVES TOWING SERVICE 460.00 2030868 05/07/2026 PRINTED 100265 DELL MARKETING LP 27,661.30 2030869 05/07/2026 PRINTED 100067 DEMCO 654.87
2030870 05/07/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 910.00 2030871 05/07/2026 PRINTED 103589 DESERT ARC 186.30
2030872 05/07/2026 PRINTED 103589 DESERT ARC LANDSCAPING 68,913.00 2030873 05/07/2026 PRINTED 102657 THE DESERT BIENNIAL 37,500.00 2030874 05/07/2026 PRINTED 100117 DESERT ELECTRIC SUPPLY 4,263.11 2030875 05/07/2026 PRINTED 100048 DESERT FIRE EXTINGUISHER 2,672.50 2030876 05/07/2026 PRINTED 100580 DESERT PROMOTIONAL EMBROI 555.66 2030877 05/07/2026 PRINTED 100008 USA TODAY MEDIA CORP FKA 8,919.77 2030878 05/07/2026 PRINTED 101227 DISCOUNT TWO-WAY RADIO CO 3,278.38 2030879 05/07/2026 PRINTED 016582 JADA DORROUGH 1,908.20 2030880 05/07/2026 PRINTED 100984 DTPS C-15 LLC 3,477.83 2030881 05/07/2026 PRINTED 016722 CHRIS DUARTE 749.20
2030882 05/07/2026 PRINTED 100294 DUDEK 35,583.75
2030883 05/07/2026 PRINTED 105670 PS VENTURES I LLC 169,017.37 2030884 05/07/2026 PRINTED 100054 DESERT WATER AGENCY 73,501.03 2030885 05/07/2026 PRINTED 100054 DESERT WATER AGENCY 23,521.75 2030886 05/07/2026 PRINTED 016598 BROOKLYN EDNEY 599.78 2030887 05/07/2026 PRINTED 100305 EISENHOWER MEDICAL CENTER 2,000.00 2030888 05/07/2026 PRINTED 100750 ELM USA INC 284.45
2030889 05/07/2026 PRINTED 100274 ENGINEERING RESOURCES OF 15,796.90 2030890 05/07/2026 PRINTED 101496 ESCOBEDO ENTERPRISES 4,300.00 2030891 05/07/2026 PRINTED 100300 ENVIRONMENTAL SYSTEMS RES 5,809.50 2030892 05/07/2026 PRINTED 105298 FIRST AMERICAN DATA CO LL 2,810.00 2030893 05/07/2026 PRINTED 104789 FLOCK GROUP INC 25,000.00 2030894 05/07/2026 PRINTED 104587 FOLLETT HIGHER EDUCATION 1,892.25 2030895 05/07/2026 PRINTED 104699 FRASCA AND ASSOCIATES LLC 7,037.50 2030896 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 90.77 2030897 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 81.64 2030898 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,123.33 2030899 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 9,201.90 2030900 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 3,233.88 2030901 05/07/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 501.05 2030902 05/07/2026 PRINTED 103920 FUEL PROS INC 1,151.62 2030903 05/07/2026 PRINTED 100174 G/M BUSINESS INTERIORS 7,366.94 2030904 05/07/2026 PRINTED 100158 GALLS LLC 4,770.36
2030905 05/07/2026 PRINTED 105682 TALON GILLESPIE 647.00 2030906 05/07/2026 PRINTED 016766 NELSON GONZALEZ-HERNANDEZ 749.20 2030907 05/07/2026 PRINTED 105453 GOSEETELL NETWORK INC 242,558.38 2030908 05/07/2026 PRINTED 105051 GALVIN PRESERVATION ASSOC 7,497.07 2030909 05/07/2026 PRINTED 100480 GREATER PALM SPRINGS ANIM 418.61 2030910 05/07/2026 PRINTED 101733 GRAINGER 4,335.28
2030911 05/07/2026 PRINTED 104989 ADAM A CAMPOS 1,515.50 2030912 05/07/2026 PRINTED 104516 GROUP 4 ARCHITECTURE RESE 46,249.21 2030913 05/07/2026 PRINTED 016554 DEAN GRUBL 176.92
2030914 05/07/2026 PRINTED 101343 HARRIS AND ASSOCIATES INC 383,033.37 2030915 05/07/2026 PRINTED 104383 HD SUPPLY INC 17,526.82 2030916 05/07/2026 PRINTED 102402 HJH CONSTRUCTION 1,600.00

U – Page 807 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030917 05/07/2026 PRINTED 016732 JASON HODGES 233.97
2030918 05/07/2026 PRINTED 103944 COREY IVAN HOLLAND 25,960.00 2030919 05/07/2026 PRINTED 100382 HOME DEPOT USA INC 3,590.10 2030920 05/07/2026 PRINTED 105130 JACK HOWARD-POTTER 10,000.00 2030921 05/07/2026 PRINTED 101300 ILLINOIS LIBRARY ASSOCIAT 3,075.49 2030922 05/07/2026 PRINTED 101421 IMPRESSION DESIGN GROUP 262.50 2030923 05/07/2026 PRINTED 105050 GMAT INC 30,975.00
2030924 05/07/2026 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 4,987.04 2030925 05/07/2026 PRINTED 100119 INTERACTIVE DESIGN CORPOR 33,194.46 2030926 05/07/2026 PRINTED 101786 INTERWEST CONSULTING GROU 5,122.50 2030927 05/07/2026 PRINTED 101727 IRON MOUNTAIN 2,596.46 2030928 05/07/2026 PRINTED 015875 REGINA KAYS 92.80
2030929 05/07/2026 PRINTED 100336 KEENAN AND ASSOCIATES 100,000.00 2030930 05/07/2026 PRINTED 103525 KGAY PSP CORPORATION 2,400.00 2030931 05/07/2026 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 163,169.72 2030932 05/07/2026 PRINTED 105038 KRAFIX DESIGN INC 6,112.50 2030933 05/07/2026 PRINTED 100127 L N CURTIS AND SONS 23,753.58 2030934 05/07/2026 PRINTED 101475 LA PRENSA HISPANA INC 4,860.00 2030935 05/07/2026 PRINTED 016217 STEPHANIE LAING 82.09 2030936 05/07/2026 PRINTED 101225 LAZ PARKING CALIFORNIA LL 26,154.25 2030937 05/07/2026 PRINTED 101713 LESAR DEVELOPMENT CONSULT 41,615.00 2030938 05/07/2026 PRINTED 103966 LOWES COMPANIES INC 6,556.13 2030939 05/07/2026 PRINTED 016781 MIGUEL LUNA JR 388.16 2030940 05/07/2026 PRINTED 016792 RUTH LUNA 388.16
2030941 05/07/2026 PRINTED 100849 MANSFIELD POWER AND GAS L 23,243.72 2030942 05/07/2026 PRINTED 101513 MARTHA'S VILLAGE AND KITC 653,138.49 2030943 05/07/2026 PRINTED 015908 ARUN MAYANI 33.64
2030944 05/07/2026 PRINTED 010953 SHERYL MCMICHAEL 13.34 2030945 05/07/2026 PRINTED 105684 BYRON MERIDA 65.00
2030946 05/07/2026 PRINTED 103017 MGT OF AMERICA CONSULTING 2,800.00 2030947 05/07/2026 PRINTED 101798 MIDWEST TAPE INC 1,241.90 2030948 05/07/2026 PRINTED 105679 MICHAELYN WILLIAMS MITCHE 41.00 2030949 05/07/2026 PRINTED 101420 MIWALL CORPORATION 3,339.39 2030950 05/07/2026 PRINTED 105553 DJ MODGIRL 1,500.00
2030951 05/07/2026 PRINTED 100079 MOHICA TOWING 1,589.80 2030952 05/07/2026 PRINTED 104491 MOTION INDUSTRIES INC 3,171.42 2030953 05/07/2026 PRINTED 101748 MOTOROLA SOLUTIONS INC 122,480.75 2030954 05/07/2026 PRINTED 100720 MOVIE COLONY EAST NEIGHBO 2,816.00 2030955 05/07/2026 PRINTED 100765 MUNISERVICES / AVENU INSI 25,712.50 2030956 05/07/2026 PRINTED 101304 MWH CONSTRUCTORS INC 2,459.00 2030957 05/07/2026 PRINTED 015603 YRENE NAVARRO 54.23
2030958 05/07/2026 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 38,144.35 2030959 05/07/2026 PRINTED 104404 NETWORK SERVICES COMPANY 2,451.62 2030960 05/07/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 4,152.35 2030961 05/07/2026 PRINTED 104805 ONYX PAVING COMPANY INC 17,280.00 2030962 05/07/2026 PRINTED 100926 PALM GROVE GROUP LLC 123,197.70 2030963 05/07/2026 PRINTED 100599 PALM SPRINGS ART MUSEUM 75,000.00 2030964 05/07/2026 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 59.00 2030965 05/07/2026 PRINTED 016533 DEBORAH PIERREL 729.60 2030966 05/07/2026 PRINTED 103798 PIROZZI FAMILY TRUST ESTD 3,628.77 2030967 05/07/2026 PRINTED 105011 PITNEY BOWES GLOBAL FINAN 3,679.34 2030968 05/07/2026 PRINTED 105198 PRESIDIO NETWORKED SOLUTI 13,269.60

U – Page 808 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2030969 05/07/2026 PRINTED 101292 PROFESSIONAL MEDICAL WARE 20,525.04 2030970 05/07/2026 PRINTED 100596 PROPER SOLUTIONS INC 15,208.22 2030971 05/07/2026 PRINTED 100654 PS RESORTS 71,064.30
2030972 05/07/2026 PRINTED 101253 PYE BARKER / FIRE PROTECT 6,123.75 2030973 05/07/2026 PRINTED 101230 R S AND H CALIFORNIA INC 11,121.13 2030974 05/07/2026 PRINTED 016789 MANDY RAINEY 388.16
2030975 05/07/2026 PRINTED 016651 JESUS FERNANDO RAMIREZ-AL 109.40 2030976 05/07/2026 PRINTED 016779 BRIAN RAMIREZ-ALVARA 388.16 2030977 05/07/2026 PRINTED 105380 RIVCO MECHANICAL SERVICES 98,991.41 2030978 05/07/2026 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 26,132.13 2030979 05/07/2026 PRINTED 105192 PUBLIC SERVICE LAW CORPOR 19,249.60 2030980 05/07/2026 PRINTED 103678 ROADRUNNER PRINTING AND S 223.96 2030981 05/07/2026 PRINTED 105032 RPMAYER AND ASSOCIATES LL 2,327.50 2030982 05/07/2026 PRINTED 016106 BERNARD RYAN 484.23
2030983 05/07/2026 PRINTED 101803 DRI-STICK DBA RYDIN DECAL 2,497.47 2030984 05/07/2026 PRINTED 104059 SAME DAY EXPRESS LLC 1,900.00 2030985 05/07/2026 PRINTED 101542 SC COMMERCIAL 20,020.99 2030986 05/07/2026 PRINTED 101542 SC COMMERCIAL LLC 50,090.78 2030987 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 851.55 2030988 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 483.31 2030989 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 485.57 2030990 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 439.54 2030991 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,919.48 2030992 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 11,741.53 2030993 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 4,590.78 2030994 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 23.99 2030995 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 214.98 2030996 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 47.09 2030997 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 491.25 2030998 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.27 2030999 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 17.27 2031000 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 218.84 2031001 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24,790.70 2031002 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 299.08 2031003 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 797.60 2031004 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,188.27 2031005 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 722.66 2031006 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 120.54 2031007 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 147.56 2031008 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 127.29 2031009 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 107.67 2031010 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,654.00 2031011 05/07/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 120.37 2031012 05/07/2026 PRINTED 100435 THE SHREDDERS 118.00
2031013 05/07/2026 PRINTED 101383 SNACK SHACK 5,637.40
2031014 05/07/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 829.72 2031015 05/07/2026 PRINTED 015207 KYLE STJERNE 797.43
2031016 05/07/2026 PRINTED 105042 STOKER CONSTRUCTION INC 900.00 2031017 05/07/2026 PRINTED 105660 RENAYA HALL 7,500.00
2031018 05/07/2026 PRINTED 100043 SWRCB FEES 619.00
2031019 05/07/2026 PRINTED 105678 SANDRA TEJADA 59.00
2031020 05/07/2026 PRINTED 100900 TERRA NOVA PLANNING AND R 8,441.45

U – Page 809 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031021 05/07/2026 PRINTED 103046 TERRACON CONSULTANTS INC 7,215.00 2031022 05/07/2026 PRINTED 103275 TJKM 2,073.69
2031023 05/07/2026 PRINTED 104184 TK ELEVATOR CORPORATION 16,205.81 2031024 05/07/2026 PRINTED 105290 TRIPEPI SMITH AND ASSOCIA 1,983.75 2031025 05/07/2026 PRINTED 101854 TRITECH SOFTWARE SYSTEMS 5,266.76 2031026 05/07/2026 PRINTED 105574 GAIL BOBRO 515.86
2031027 05/07/2026 PRINTED 102712 TSG ENTERPRISES, INC. 20,773.00 2031028 05/07/2026 PRINTED 100386 U S CUSTOMS SERVICE 7,765.79 2031029 05/07/2026 PRINTED 104834 UNIFIRST CORPORATION 410.25 2031030 05/07/2026 PRINTED 100114 UNITED RENTALS 473.10 2031031 05/07/2026 PRINTED 100295 US BANK CORPORATE PAYMENT 189,458.19 2031032 05/07/2026 PRINTED 101405 HONEYWELL INTERNATIONAL I 19,640.79 2031033 05/07/2026 PRINTED 101784 V AND V MANUFACTURING 571.94 2031034 05/07/2026 PRINTED 105683 CRISTIAN VALDEZ 65.00 2031035 05/07/2026 PRINTED 015437 NANCY VALDIVIA 64.16
2031036 05/07/2026 PRINTED 100200 VALLEY LOCK AND SAFE 2,036.46 2031037 05/07/2026 PRINTED 100066 VALLEY MAIL DELIVERY 4,068.00 2031038 05/07/2026 PRINTED 103893 VALLEY VOICE MEDIA 3,900.00 2031039 05/07/2026 PRINTED 105328 VECTOR FLEET MANAGEMENT L 248,631.98 2031040 05/07/2026 PRINTED 100144 VERIZON WIRELESS 15,242.53 2031041 05/07/2026 PRINTED 100144 VERIZON WIRELESS 3,729.60 2031042 05/07/2026 PRINTED 100144 VERIZON WIRELESS 5,414.07 2031043 05/07/2026 PRINTED 100144 VERIZON WIRELESS 3,141.00 2031044 05/07/2026 PRINTED 100144 VERIZON WIRELESS 80.44 2031045 05/07/2026 PRINTED 104950 VETERANS COMMUNICATION SE 17,662.71 2031046 05/07/2026 PRINTED 105089 VETERANS HIGH RISK SECURI 55,851.26 2031047 05/07/2026 PRINTED 016790 MATEO VILLEGAS 388.16 2031048 05/07/2026 PRINTED 105095 JOSHUA DONLIN 1,500.00 2031049 05/07/2026 PRINTED 015525 JULIE WARREN 89.10
2031050 05/07/2026 PRINTED 016126 MATTHEW WASHBURN 107.14 2031051 05/07/2026 PRINTED 105338 JURGEN WEISS 1,310.82 2031052 05/07/2026 PRINTED 100222 WEST COAST ARBORISTS INC 30,505.90 2031053 05/07/2026 PRINTED 105681 WILCOX DESIGNS 1,352.00 2031054 05/07/2026 PRINTED 100461 WOMEN LEADERS FORUM OF TH 1,000.00 2031055 05/07/2026 PRINTED 105625 SONORA GROUP LLC 34,407.87 2031056 05/07/2026 PRINTED 105128 JEFF ZISCHKE 5,000.00 2031057 05/07/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 7,745.44 245 CHECKS CASH ACCOUNT TOTAL 4,871,357.20 .00

U – Page 810 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/07/2026 14:22
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
245 CHECKS FINAL TOTAL 4,871,357.20 .00
** END OF REPORT - Generated by Patrick Wynhoff **

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ATTACHMENT E
AP Check Reconciliation
Register for May 21, 2026

U – Page 812 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031070 05/21/2026 PRINTED 104806 10-8 RETROFIT INC 24,027.02 2031071 05/21/2026 PRINTED 100824 15000 INC 840.00
2031072 05/21/2026 PRINTED 100436 3CMA CITY-COUNTY COMMUNIC 400.00 2031073 05/21/2026 PRINTED 100180 AMERICAN ASSOCIATION OF A 10,000.00 2031074 05/21/2026 PRINTED 105692 ABI DOCUMENT SUPPORT SERV 15.00 2031075 05/21/2026 PRINTED 104726 ACCENTURE LLP 111,700.00 2031076 05/21/2026 PRINTED 100024 ACE PRINTING 491.63
2031077 05/21/2026 PRINTED 100543 ACTION TARGET 1,194.12 2031078 05/21/2026 PRINTED 104389 AECOM TECHNICAL SERVICES 101,764.97 2031079 05/21/2026 PRINTED 100218 AGUA CALIENTE BAND OF CAH 4,174.50 2031080 05/21/2026 PRINTED 015763 JOEL AGUILERA 2,589.26 2031081 05/21/2026 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 39,170.91 2031082 05/21/2026 PRINTED 100154 AL MILLER AND SONS ROOFIN 85,400.00 2031083 05/21/2026 PRINTED 100053 ALLIED REFRIGERATION INC 1,735.82 2031084 05/21/2026 PRINTED 100572 AMAZON COM 88.46
2031085 05/21/2026 PRINTED 103781 AMAZON.COM SALES INC 123.27 2031086 05/21/2026 PRINTED 100383 AMERICAN FORENSIC NURSES 4,260.00 2031087 05/21/2026 PRINTED 104496 AQUATECH WATER SYSTEMS IN 472.00 2031088 05/21/2026 PRINTED 104905 ASM CONSULTING & INVESTIG 12,172.88 2031089 05/21/2026 PRINTED 100370 AT&T 310.64
2031090 05/21/2026 PRINTED 101345 LUIS AZARCOYA 625.00
2031091 05/21/2026 PRINTED 100413 B & H PHOTO 26.38
2031092 05/21/2026 PRINTED 103994 BANNER BANK 1,885.00
2031093 05/21/2026 PRINTED 016776 JAMES BARQUERA 656.56 2031094 05/21/2026 PRINTED 101049 MARY BARSALEAU 1,046.50 2031095 05/21/2026 PRINTED 100167 BEARCOM 9,340.51
2031096 05/21/2026 PRINTED 101488 BIO SOCAL 495.00
2031097 05/21/2026 PRINTED 100366 BIO TOX LABORATORIES 6,155.00 2031098 05/21/2026 PRINTED 101696 BLACK AND WHITE EMERGENCY 52,518.55 2031099 05/21/2026 PRINTED 015747 AMY BLAISDELL 373.92
2031100 05/21/2026 PRINTED 100568 BOYS AND GIRLS CLUB OF PA 94,210.00 2031101 05/21/2026 PRINTED 100128 BRODART CO 2,359.81
2031102 05/21/2026 PRINTED 015950 DANNY BUDUAN 178.00
2031103 05/21/2026 PRINTED 105652 BUZZ SEATING INC 2,477.00 2031104 05/21/2026 PRINTED 104497 CALIFORNIA PPE RECON INC 8,060.50 2031105 05/21/2026 PRINTED 103778 CALIFORNIA WATER OPERATOR 800.00 2031106 05/21/2026 PRINTED 103619 CHANDLER ASSET MANAGEMENT 29,274.00 2031107 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2031108 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 180.00 2031109 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2031110 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 2,333.22 2031111 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 283.10 2031112 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 124.98 2031113 05/21/2026 PRINTED 100353 CHARTER COMMUNICATIONS 300.00 2031114 05/21/2026 PRINTED 100558 CINTAS CORPORATION 900.28 2031115 05/21/2026 PRINTED 105341 CIVICPLUS LLC 7,924.77 2031116 05/21/2026 PRINTED 100573 CLEAN ENERGY 2,928.91 2031117 05/21/2026 PRINTED 100308 CLINICAL LABORATORY OF SA 40.00 2031118 05/21/2026 PRINTED 100928 COLANTUONO HIGHSMITH AND 840.00 2031119 05/21/2026 PRINTED 104773 TIFFANY COLLINS 100.00 2031120 05/21/2026 PRINTED 101744 COMPRESSED AIR SPECIALTIE 2,378.30 2031121 05/21/2026 PRINTED 105477 CONNOISSEUR MEDIA 1,594.00

U – Page 813 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031122 05/21/2026 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 3,016.00 2031123 05/21/2026 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 11,687.50 2031124 05/21/2026 PRINTED 100318 DATA TICKET INC 7,144.09 2031125 05/21/2026 PRINTED 104952 DATASTREAM TECHNOLOGY CON 66,018.38 2031126 05/21/2026 PRINTED 100179 DAVES TOWING SERVICE 550.00 2031127 05/21/2026 PRINTED 104343 LENA DAVIS 100.00
2031128 05/21/2026 PRINTED 104601 DEANGELO CONTRACTING 3,908.45 2031129 05/21/2026 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 350.00 2031130 05/21/2026 PRINTED 103589 DESERT ARC 48.15
2031131 05/21/2026 PRINTED 100117 DESERT ELECTRIC SUPPLY 14,682.60 2031132 05/21/2026 PRINTED 100048 DESERT FIRE EXTINGUISHER 3,179.00 2031133 05/21/2026 PRINTED 100580 DESERT PROMOTIONAL EMBROI 39.33 2031134 05/21/2026 PRINTED 100008 USA TODAY MEDIA CORP FKA 5,172.74 2031135 05/21/2026 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 2,762.28 2031136 05/21/2026 PRINTED 104306 EMMANUEL DOUBLIN 100.00 2031137 05/21/2026 PRINTED 100393 GERGIS YOUSEF 3,380.00 2031138 05/21/2026 PRINTED 101179 MARIANA DUSPIVA 2,100.00 2031139 05/21/2026 PRINTED 100054 DESERT WATER AGENCY 41,380.56 2031140 05/21/2026 PRINTED 100054 DESERT WATER AGENCY 3,063.18 2031141 05/21/2026 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 1,014.20 2031142 05/21/2026 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 3,122.58 2031143 05/21/2026 PRINTED 104203 EMD CONSTRUCTION INC 111,996.25 2031144 05/21/2026 PRINTED 100226 ENTERPRISE RENT A CAR 2,560.77 2031145 05/21/2026 PRINTED 105440 EVERGREEN SOLUTIONS LLC 12,487.50 2031146 05/21/2026 PRINTED 100035 FIRST AMERICAN TITLE COMP 1,000.00 2031147 05/21/2026 PRINTED 100395 FRIENDS OF THE PALM SPRIN 1,724.65 2031148 05/21/2026 PRINTED 105572 TIDAL VISION PRODUCTS INC 472.00 2031149 05/21/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,574.99 2031150 05/21/2026 PRINTED 100740 FRONTIER COMMUNICATIONS C 877.72 2031151 05/21/2026 PRINTED 103920 FUEL PROS INC 250.00
2031152 05/21/2026 PRINTED 016363 TERESA GALLAVAN 160.00 2031153 05/21/2026 PRINTED 016705 JONATHAN GAN 621.13
2031154 05/21/2026 PRINTED 016262 GRACE GARNER 240.00
2031155 05/21/2026 PRINTED 100742 THE GREATER COACHELLA VAL 1,250.00 2031156 05/21/2026 PRINTED 101733 GRAINGER 4,056.01
2031157 05/21/2026 PRINTED 016554 DEAN GRUBL 69.32
2031158 05/21/2026 PRINTED 101672 GULF CALIFORNIA BROADCAST 2,785.00 2031159 05/21/2026 PRINTED 103998 JANE M GUY 392.00
2031160 05/21/2026 PRINTED 015521 JENNIFER HENNING 721.79 2031161 05/21/2026 PRINTED 100382 HOME DEPOT USA INC 3,004.32 2031162 05/21/2026 PRINTED 100483 INFOSAT 244.11
2031163 05/21/2026 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 15,739.20 2031164 05/21/2026 PRINTED 104298 INTERVISTAS CONSULTING US 52,965.38 2031165 05/21/2026 PRINTED 101786 INTERWEST CONSULTING GROU 585.00 2031166 05/21/2026 PRINTED 101727 IRON MOUNTAIN 2,808.23 2031167 05/21/2026 PRINTED 101249 JOHNSON CONTROLS US HOLDI 530.25 2031168 05/21/2026 PRINTED 016756 RYAN KASPARI 380.98
2031169 05/21/2026 PRINTED 016090 KONGTHONG KETSOUVANNASANE 1,907.12 2031170 05/21/2026 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 84,933.79 2031171 05/21/2026 PRINTED 101475 LA PRENSA HISPANA INC 2,025.00 2031172 05/21/2026 PRINTED 016014 JASON LAMB 789.00
2031173 05/21/2026 PRINTED 103753 LIFE INSURANCE COMPANY OF 54,028.21

U – Page 814 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031174 05/21/2026 PRINTED 105686 LIFE-ASSIST INC 4,376.43 2031175 05/21/2026 PRINTED 101309 LNRS DATA SERVICES INC. 2,020.75 2031176 05/21/2026 PRINTED 016781 MIGUEL LUNA JR 388.16 2031177 05/21/2026 PRINTED 016792 RUTH LUNA 388.16
2031178 05/21/2026 PRINTED 104358 JESSICA MACIAS 100.00 2031179 05/21/2026 PRINTED 101003 MCA DIRECT 303.52
2031180 05/21/2026 PRINTED 104365 MEDIWASTE DISPOSAL LLC 405.36 2031181 05/21/2026 PRINTED 101798 MIDWEST TAPE INC 2,830.76 2031182 05/21/2026 PRINTED 016362 ANDREW MILLS 531.62
2031183 05/21/2026 PRINTED 100079 MOHICA TOWING 1,797.80 2031184 05/21/2026 PRINTED 104348 MAXIMUS MORIN 100.00
2031185 05/21/2026 PRINTED 104922 MAURO P GARCIA 66,597.25 2031186 05/21/2026 PRINTED 100148 NALCO COMPANY 18,034.81 2031187 05/21/2026 PRINTED 015431 DAN NAVA 1,500.00
2031188 05/21/2026 PRINTED 104463 NEIGHBORHOOD PARTNERSHIP 48,322.00 2031189 05/21/2026 PRINTED 104404 NETWORK SERVICES COMPANY 3,167.98 2031190 05/21/2026 PRINTED 104057 DONNA S NEWTON 2,362.50 2031191 05/21/2026 PRINTED 104634 PHONG NGUYEN MD APC 18,000.00 2031192 05/21/2026 PRINTED 100417 NI GOVERNMENT SERVICES IN 315.63 2031193 05/21/2026 PRINTED 103572 NV5 INC 13,798.75
2031194 05/21/2026 PRINTED 103900 ODP BUSINESS SOLUTIONS 7,135.27 2031195 05/21/2026 PRINTED 105470 GLOBAL SPECTRUM LP 10,590.00 2031196 05/21/2026 PRINTED 105470 GLOBAL SPECTRUM LP 3,602.06 2031197 05/21/2026 PRINTED 105470 GLOBAL SPECTRUM LP 37,950.65 2031198 05/21/2026 PRINTED 105470 GLOBAL SPECTRUM LP 83,333.33 2031199 05/21/2026 PRINTED 105470 GLOBAL SPECTRUM LP 191,663.75 2031200 05/21/2026 PRINTED 105333 PACIFIC CASTLE RIMROCK LL 13,862.31 2031201 05/21/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 3,333.33 2031202 05/21/2026 PRINTED 100569 PALM SPRINGS CHAMBER OF C 6,500.00 2031203 05/21/2026 PRINTED 100003 PALM SPRINGS DISPOSAL SER 292.78 2031204 05/21/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 572.40 2031205 05/21/2026 PRINTED 101728 PALM SPRINGS WATER SYSTEM 190.80 2031206 05/21/2026 PRINTED 104341 ELIEL PALMA 100.00
2031207 05/21/2026 PRINTED 101585 PASTION INDUSTRIES INC. 10,800.00 2031208 05/21/2026 PRINTED 101516 PHOTOS BY LANI 800.00 2031209 05/21/2026 PRINTED 105562 PLAZA LAS FLORES LLC 7,500.00 2031210 05/21/2026 PRINTED 100431 POLICE EXECUTIVE RESEARCH 11,200.00 2031211 05/21/2026 PRINTED 101674 PROCAST PRODUCTS INC 513.48 2031212 05/21/2026 PRINTED 100596 PROPER SOLUTIONS INC 25,003.19 2031213 05/21/2026 PRINTED 100654 PS RESORTS 152,964.30 2031214 05/21/2026 PRINTED 105518 PALM SPRINGS SMALL HOTEL 130,953.60 2031215 05/21/2026 PRINTED 105555 PS TRADING (KETTLE CORN) 5,412.50 2031216 05/21/2026 PRINTED 101528 PUMPMAN LLC 4,076.00
2031217 05/21/2026 PRINTED 100550 PVP COMMUNICATIONS 3,974.00 2031218 05/21/2026 PRINTED 105243 QUALITY FENCE CO INC 4,550.00 2031219 05/21/2026 PRINTED 101580 QUINN POWER SYSTEMS 6,708.68 2031220 05/21/2026 PRINTED 016779 BRIAN RAMIREZ-ALVARA 388.16 2031221 05/21/2026 PRINTED 101629 THE RAMSAY GROUP 9,900.00 2031222 05/21/2026 PRINTED 101527 RATTLE TECH LLC 570.10 2031223 05/21/2026 PRINTED 015020 DAVID READY 805.84
2031224 05/21/2026 PRINTED 016750 VICTOR REYES 4,241.23 2031225 05/21/2026 PRINTED 105380 RIVCO MECHANICAL SERVICES 36,824.52

U – Page 815 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031226 05/21/2026 PRINTED 104774 JAVIER RIVERA 100.00
2031227 05/21/2026 PRINTED 102760 RIVERSIDE CONSTRUCTION CO 184,541.17 2031228 05/21/2026 PRINTED 100950 COUNTY OF RIVERSIDE 34,492.13 2031229 05/21/2026 PRINTED 104347 ROSARIO SALAZAR 100.00 2031230 05/21/2026 PRINTED 102484 RESORTS PALM SPRINGS LLC 83,763.90 2031231 05/21/2026 PRINTED 101542 SC COMMERCIAL 27,443.33 2031232 05/21/2026 PRINTED 101542 SC COMMERCIAL LLC 50,931.41 2031233 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 33,061.00 2031234 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,704.21 2031235 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 81.15 2031236 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 16,881.77 2031237 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 34.35 2031238 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 41.72 2031239 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 14,731.32 2031240 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 59.02 2031241 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24.55 2031242 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 141.09 2031243 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 313.78 2031244 05/21/2026 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 441.88 2031245 05/21/2026 PRINTED 105691 TRECIA SIMMONDS 177.51 2031246 05/21/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29.13 2031247 05/21/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 3,404.71 2031248 05/21/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 33,720.42 2031249 05/21/2026 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 28,929.55 2031250 05/21/2026 PRINTED 101822 SO CAL LAND MAINTENANCE I 19,683.30 2031251 05/21/2026 PRINTED 100000 SOUTH COAST AQMD 1,034.94 2031252 05/21/2026 PRINTED 104309 SOUTHWEST BOULDER AND STO 267.87 2031253 05/21/2026 PRINTED 100120 SPOK INC 54.00
2031254 05/21/2026 PRINTED 102359 THE RECTOR WARDENS AND VE 6,000.00 2031255 05/21/2026 PRINTED 100084 STERICYCLE INC LLC SHRED 146.07 2031256 05/21/2026 PRINTED 103901 STEVE P RADOS INC 35,815.04 2031257 05/21/2026 PRINTED 016488 SCOTT STILES 158.49
2031258 05/21/2026 PRINTED 104938 SUNBELT RENTALS INC 8,213.34 2031259 05/21/2026 PRINTED 101852 TESLA ENERGY OPERATIONS I 11,238.74 2031260 05/21/2026 PRINTED 101852 TESLA ENERGY OPERATIONS I 8,491.37 2031261 05/21/2026 PRINTED 104579 THOMAS S KLISE COMPANY 393.14 2031262 05/21/2026 PRINTED 016035 MICHAEL TORRES 255.47 2031263 05/21/2026 PRINTED 101503 TRANSGENDER HEALTH & WELL 200.00 2031264 05/21/2026 PRINTED 101391 TRANSUNION RISK AND ALTER 544.00 2031265 05/21/2026 PRINTED 105574 GAIL BOBRO 454.57
2031266 05/21/2026 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,500.00 2031267 05/21/2026 PRINTED 100386 U S CUSTOMS SERVICE 6,104.81 2031268 05/21/2026 PRINTED 016345 JASON UNDERWOOD 805.79 2031269 05/21/2026 PRINTED 104834 UNIFIRST CORPORATION 845.91 2031270 05/21/2026 PRINTED 100114 UNITED RENTALS 2,333.58 2031271 05/21/2026 PRINTED 016144 JACOB VALDIVIA 196.90 2031272 05/21/2026 PRINTED 100200 VALLEY LOCK AND SAFE 1,578.40 2031273 05/21/2026 PRINTED 100129 VCA ANIMAL HOSPITALS INC 37.16 2031274 05/21/2026 PRINTED 105328 VECTOR FLEET MANAGEMENT L 341,434.37 2031275 05/21/2026 PRINTED 104034 VERDE FACILITIES SERVICES 77,658.70 2031276 05/21/2026 PRINTED 100621 VERIZON BUSINESS 259.85 2031277 05/21/2026 PRINTED 100144 VERIZON COMMUNICATIONS IN 5,977.55

U – Page 816 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: Uncleared
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2031278 05/21/2026 PRINTED 104950 VETERANS COMMUNICATION SE 10,428.61 2031279 05/21/2026 PRINTED 102406 DAVID VIGNOLO 250.00
2031280 05/21/2026 PRINTED 016790 MATEO VILLEGAS 388.16 2031281 05/21/2026 PRINTED 100121 VISIT GREATER PALM SPRING 202,246.01 2031282 05/21/2026 PRINTED 101277 VOHNE LICHE KENNELS INC 400.00 2031283 05/21/2026 PRINTED 100156 WAXIE SANITARY SUPPLY 911.31 2031284 05/21/2026 PRINTED 016577 MACKENZIE WEBER 699.14 2031285 05/21/2026 PRINTED 100222 WEST COAST ARBORISTS INC 64,213.47 2031286 05/21/2026 PRINTED 100223 WILLIAMS SCOTSMAN INC 973.08 2031287 05/21/2026 PRINTED 100908 YAMADA SPA MANAGEMENT INC 150.50 2031288 05/21/2026 PRINTED 104909 YIFTEE INC 50,000.00
2031289 05/21/2026 PRINTED 100268 ZOLL MEDICAL CORPORATION 516.47 220 CHECKS CASH ACCOUNT TOTAL 3,512,306.48 .00

U – Page 817 of 1230
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/19/2026 15:07
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
220 CHECKS FINAL TOTAL 3,512,306.48 .00
** END OF REPORT - Generated by Patrick Wynhoff **

U – Page 818 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AN AMENDMENT TO THE AGREEMENT WITH LIEBERT

CASSIDY WHITMORE TO PROVIDE EMPLOYMENT AND LABOR

RELATIONS LEGAL SERVICES
FROM: Scott C. Stiles, City Manager
BY: Human Resources
SUMMARY:

This action will approve an amendment to the current contract with Liebert Cassidy Whitmore to provide employment and labor relations legal services to the City.

RECOMMENDATION:
1) Approve an Amendment (Attachment A) to the Agreement for Special Services with Liebert Cassidy Whitmore to provide consulting, representational and legal services pertaining to employment relations matters.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Liebert Cassidy Whitmore, a Professional Corporation, is included as Attachment B.

BACKGROUND:

The City has utilized the law firm Liebert Cassidy Whitmore (LCW) to provide legal and consulting services for matters pertaining to employee and labor relations since 2007.

These services include labor negotiations, legal consultation and representation in administrative and court proceedings. The current contract was approved by City Council on November 10, 2022, with an effective date of October 1, 2022. LCW is increasing their billing rates effective July 1, 2026.

STAFF ANALYSIS:

Due to the evolving complex nature of employment law, the City desires to retain the law firm Liebert Cassidy Whitmore for as-needed legal services. The services will be utilized

V – Page 819 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Amendment to Agreement with Liebert Cassidy Whitmore for Employment and Labor Legal Services in 2027 as the new labor agreements with the Palm Springs Fire Management Association and Teamsters Local 1932 are being negotiated.

Staff finds the new billing rates reasonable and comparable to the rates of other law firms.

The procurement of contracts for legal services are exempt from Title 7 of the Palm Springs Municipal Code, Procurement and Contracting. Staff recommends the City Council approve the attached amendment (Attachment A) to the Agreement for Special Services with the law firm of Liebert Cassidy Whitmore for as requested legal services.

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.

FISCAL IMPACT:

Funds for outside legal services are currently budgeted. No additional appropriations are requested as a part of this report.

REVIEWED BY:

Department Director: Stephanie George
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Amendment 1
B. Business Disclosure Form
C. Original Agreement for Special Services

V – Page 820 of 1230

ATTACHMENT A

Item 1X - Page 3

V – Page 821 of 1230
AMENDMENT NO.2 TO

AGREEMENT FOR SPECIAL SERVICES

BY AND BETWEEN

THE CITY OF PALM SPRINGS
AND

LIEBERT CASSIDY WHITMORE,

A PROFESSIONAL CORPORATION
THIS AMENDMENT is executed by and between Liebert Cassidy Whitmore, a professional corporation ("Attorney") and the City of Palm Springs ("City"), and will amend the prior agreement between the parties entitled Agreement for Special Services which was entered into October 2, 2022.

WHEREAS, the parties desire to amend their agreement to allow or provide for the continued consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations;
WHEREAS, the Agreement provides for amendments; and
WHEREAS, the City and Attorney are desirous of amending the Agreement for the purpose of adjusting the Hourly Fee Schedule;
NOW, THEREFORE, the parties hereto agree as follows:

1. This amendment shall be effective as of September l, 2026.

2. Fees, Costs, Expenses: Section 3, Paragraph 2 - The current range of hourly rates for Attorney time is from Three Hundred Thirty to Four Hundred Ninety Dollars ($330.00 - $490.00).

3. Schedule I - Fees & Costs
Negotiations (Peter Brown)
Partners
Senior Associate Attorneys
Junior Associate Attorneys (Up to 4 years)
Labor Relations/HR Consultant
Paralegals
Classification & Compensation Consultant
E-Discovery Specialists
Law Clerks
$490.00
$475.00
$415.00
$330.00
$340.00
$185.00
$250.00
$185.00
$180.00 - $200.00

4. That in all other respects the prior agreement of the parties shall remain in full force and effect except as amended herein.

LIEBERT CASSIDY WHITMORE,
A Professional Corporation
By~/1~
Name (Vt e.,,l a ,1 '~ l,. (Aq,.1 e,J
Title Y?i,4,;\.,~, i 111 f f wfvv/
Date g _. J _,., l/0 1., 'r

CITY OF PALM SPRINGS
By _
Name _
Title -----------
Date _
13485806.1 LC00 1-009

V – Page 822 of 1230

ATTACHMENT B

Item 1X - Page 5

V – Page 823 of 1230
Item 1X - Page 6
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS}
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

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

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

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 of 2 ends

V – Page 824 of 1230
Item 1X - Page 7
. \_ '
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) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

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

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 09 13 18)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

V – Page 825 of 1230
Item 1X - Page 8

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)
{t(P,) W, eE?N"rvt.y U>i..vlr STt 51)0 r LOS ftt.Jt.GLC~ 41DD4S3. Local or California Address (if different than #2)

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) te: If any response is not a natural person, please identify all officers, directors, embers, managers and other fiduciaries for the member, manager, trust or other entity - ---lf-- ---------------D Officer ~ irector D Member D Manager [name]
~-OtM'ltN/J D General Partner D Limited Partner
• other ? ~(.St~ ~N ,--
~ Gn'--""~c....,,,c,... · LO~· /\..-,. -----=----r--------r vt----,U.,,,- fl __ 12B~i-· ~ • Officer • Director • Member • Manager [name] /
BP-1~1'J WAL,.113'- []:"General Partner D Limited Partner D Other ____________ _
---=:...------==-----+---o1;;...e::-f------c...-,::.-- ----'------D Officer D Director D Member D Manager [name]
(V} Ur- M fy ff'-'tofF-· [tGeneral Partner D Limited Partner (Revised 09 13 18)
D Other _____________ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

V – Page 826 of 1230
Item 1X - Page 9
7, Owners/Investors with a 5% beneficial interest in the Annllcant Entltv or a related entltv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial Interest In entity and name of entltvl
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
B.
[name of owner/Investor] [percentage of beneficial Interest in entity
and name of entitvl
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 entitvl
E.
[name of owner/investor] [percentage of beneficial Interest In entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13 18)
Date

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

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ATTACHMENT C
Item 1X - Page 10

V – Page 828 of 1230
1 10264774.1 LC001-009

AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF PALM SPRINGS, A Municipal Corporation (“City”).

1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement.

2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.

3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.

The current range of hourly rates for Attorney time is from Two Hundred Seventy to Three Hundred Eighty-Five Dollars ($270.00 - $385.00). See Schedule I for a full Fee Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of onetenth of an hour.

Item 1X - Page 11

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2 10264774.1 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and EDiscovery Management.

Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached.

Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.

4. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage.

5. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.

Item 1X - Page 12

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3 10264774.1 LC001-009
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs.

6. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.

Item 1X - Page 13

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4 10264774.1 LC001-009

7. Assignment
This Agreement is not assignable without the written consent of City.

8. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.

9. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.

10. Term
This Agreement is effective October 1, 2022, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.

LIEBERT CASSIDY WHITMORE, CITY OF PALM SPRINGS
A Professional Corporation A Municipal Corporation
By: ________________________ By: _______________________ Name: ______________________ Name: _____________________ Title: _______________________ Title: ______________________ Date: _______________________ Date: ______________________ Item 1X - Page 14

V – Page 832 of 1230
5 10264774.1 LC001-009
SCHEDULE I – FEES & COSTS

1. Hourly Rates (As of Agreement Effective Date)
Negotiations (Peter Brown) $385.00
Partners $360.00
Senior Associate Attorneys $295.00
Junior Associate Attorneys (up to [4] years) $270.00
Labor Relations/HR Consultant $270.00
Paralegals $145.00
E- Discovery Specialists $145.00
Law Clerks $145.00 - $185.00

2. COSTS

1. Photocopies $0.15 per copy
Item 1X - Page 15

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6 10264774.1 LC001-009

SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges.

Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates.

Item 1X - Page 16

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CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVE OFFICAL POLICE TOW AND STORAGE SERVICE AGREEMENT NO. 26Q168 WITH ALFONSO TOWING, INC.; NO. 26Q169 WITH DAVE’S TOWING SERVICE; AND NO. 26Q170 WITH MOHICA
TOWING, INC. FOR AS-NEEDED VEHICLE TOWING AND STORAGE

SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

The City Council has adopted an ordinance establishing the selection process and contractual system for vehicle towing and storage services that are initiated by the Palm Springs Police Department. To facilitate the selection process, the City solicited qualifications from tow companies wishing to provide vehicle towing and storage services to the Police Department. This action will award agreements to three (3) tow companies that have been deemed qualified and competent to provide as-needed vehicle towing and storage services for the Palm Springs Police Department.

This action will approve Agreement No. 26Q168 with Alfonso Towing Inc., No. 26Q169 with Dave’s Towing Services, and No. 26Q170 with Mohica Towing Inc., for an initial three-year term, with two one-year extension options for as-needed vehicle towing and storage services.

RECOMMENDATION:
1) Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREEMENTS WITH

CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE TOWING AND
STORAGE SERVICES FOR THE PALM SPRINGS POLICE DEPARTMENT." 2) Authorize the City Manager or designee to execute all necessary documents.

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City Council Staff Report
August 26, 2026 -- Page 2
Approve Official Police Tow and Storage Service Agreements BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) submitted in June 2026, Alfonso Towing, Inc., Dave’s Towing Services, and Mohica Towing, Inc. are registered in the state of California.

BACKGROUND:

The City of Palm Springs Police Department requires the services of qualified contractors to provide professional towing, recovery, and vehicle storage services in support of its public safety operations. The Department does not possess the specialized equipment, personnel, or certifications necessary to safely and effectively perform these services internally.

Contracted towing services are essential to ensure the timely removal, recovery, transportation, and secure storage of vehicles resulting from traffic collisions, criminal investigations, vehicle impounds, abandoned vehicles, and other law enforcement activities. Utilizing qualified towing contractors ensures compliance with applicable state laws, industry standards, and safety requirements while allowing Police Department personnel to remain focused on their core public safety responsibilities.

Entering into agreements with qualified towing service providers will ensure the Department maintains reliable, responsive, and professional towing services that support public safety, protect City assets, and provide efficient service to the community.

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

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

The terms of these agreements were 5 years, through December 2024, and have subsequently continued on an interim basis to allow staff to prepare a new Request for

W – Page 836 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Approve Official Police Tow and Storage Service Agreements Proposals/Statement of Qualifications (RFP/SOQ) to solicit new proposals for tow services.

On March 14, 2024, City Council adopted Resolution No. 25189 approving maximum rates that tow service providers can charge and an updated the Vehicle Towing Administrative Cost Recovery (VTACR) fee for the Palm Springs Police Department and Amendment No. 2 to Agreements A6281 and A6282.

On March 25 and April 8, 2026, City Council adopted Ordinance 2129 amending Section

11.82.130 (j)(1), Subdivision (j)(1) of Section 11.82.130 of Chapter 11.82 of Title 11 of the Palm Springs Municipal code to read as follows:
(j) Official police tow service shall have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet.
(1) The vehicle storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.

The prior code required tow facilities to be located within cooperate boundaries of the city which resulted in reduced competition, therefore staff desired to modify the location requirements for vehicle storage facilities. This change will now provide the tools necessary for the Police Department to retain a rotational pool to clear the roadway of damaged vehicles and debris, remove abandoned vehicles, recover stolen vehicles, and help ensure roadway safety. Official police tow service providers, dispatched on a rotational basis, remove and store vehicles the Department impounds or holds for investigation, examination, or evidence.

On May 12, 2026, City Council adopted Resolution No. 25394, authorizing staff to advertise and solicit responses for as-needed vehicle towing and storage services for the Palm Springs Police Department.

STAFF ANALYSIS:

The City’s Procurement Department worked closely with the Police Department and City Attorney’s Office to prepare the solicitation and Official Police Tow Services Agreement and posted, distributed, and advertised the Request for Qualifications (RFQ 04-26) for Official Police Towing and Storage Services on May 18, 2026. The Notice was electronically transmitted to nine tow companies operating throughout the region. The City received five responses to its RFQ.
• Alexandra Recovery Services Inc. – Palm Springs, CA (Non-Responsive) • Alfonso Towing Inc. – Desert Hot Springs, CA
• Daves Towing Service – Palm Springs, CA

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City Council Staff Report
August 26, 2026 -- Page 4
Approve Official Police Tow and Storage Service Agreements • Mohica Towing Inc. – Palm Springs, CA
• RRR Towing, Inc. – Palm Springs, CA (Non-Responsive)
An evaluation panel consisting of representatives from the Police Department evaluated these responses based upon the criteria set forth in the RFQ. Criteria included the firm’s facilities, equipment and personnel; staff and team’s qualifications and experience; demonstrated understanding of the overall scope of work requested, financial and organization stability; successful completion of similar services, and safety record.

After reviewing and scoring the five responses, the evaluation panel concluded that only three of the five firms met the minimum qualifications to provide the towing services as requested in the RFQ and is recommending that the City Council award agreements to the following tow companies (in alphabetical order): Alfonso Towing; Dave's Towing; and Mohica Towing.

Staff recommend approval of Official Police Tow Service Agreement No. 26Q168 with Alfonso Towing, Inc.; No. 26Q169 with Dave’s Towing Service; and No. 26Q170 with Mohica Towing, Inc., for the initial three-year term, subject to two one-year optional renewals upon mutual agreement (Attachment C).

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:

These services directly align with the City's broader goals of enhancing public safety and delivering high-quality community services. Maintaining qualified towing and storage contractors ensures the Police Department can respond efficiently to emergencies, remove hazards from public roadways, preserve evidence when necessary, and provide timely service to the community. This partnership supports the Department's mission of protecting the public while promoting safe, efficient, and effective municipal operations.

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City Council Staff Report
August 26, 2026 -- Page 5
Approve Official Police Tow and Storage Service Agreements FISCAL IMPACT:

No impact, as City expenses will be recovered via implementation of the VEHICLE TOWING ADMINISTRATIVE COST RECOVERY (VTACR) fee as established by the City Council and adopted by Resolution No. 25189 on March 14, 2024.

REVIEWED BY:

Department Director: Andrew Mills
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Resolution No.

B. Public Integrity Disclosures
C. Official Police Towing and Storage Services Agreements

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS APPROVING AGREEMENTS WITH

CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE

TOWING AND STORAGE SERVICES FOR THE PALM

SPRINGS POLICE DEPARTMENT

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs, California, (the “City”), requires the services of one or more privately-owned tow companies for the purposes of effectively enforcing parking and traffic laws; promptly towing vehicles that are inoperative or involved in a collision; and expeditiously removing and safely storing vehicles that the City’s Police Department impounds or holds for investigation, examination or evidence.

B. The City Council previously adopted Chapter 11.82, “Police Tow Services Standards,” of the Palm Springs Municipal Code, establishing a selection process and contractual system for vehicle towing and storage services that are initiated by the Palm Springs Police Department.

C. In accordance with Chapter 11.82, on May 12, 2026 the City Council did adopt Resolution No. 25394, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING THE REQUEST FOR

PROPOSALS/QUALIFICATIONS FOR THE ROTATIONAL TOW PROGRAM,

AUTHORIZING STAFF TO ADVERTISE AND SOLICIT RESPONSES FOR THE PALM SPRINGS POLICE DEPARTMENT.”
D. Incorporated as part of Resolution No. 25189, the City Council adopted the Vehicle Towing Administrative Cost Recovery Fee (the “VTACR Fee”) of $345,016.16 as an annual fee establishing the actual and reasonable costs of the City’s administration of the rotational tow program.

E. On May 18, 2026, the City’s Office of Procurement and Contracting issued its Request for Qualifications (RFQ 04-26) for Official Police Towing and Storage Services of Vehicles as Requested by the Palm Springs Police Department, (the “RFQ”), and subsequently issued two Addenda in response to certain questions related to the RFQ.

F. On June 22, 2026, the City received Statements of Qualifications in response to the RFQ from the five following firms: Angelos’s Towing; Alfonso Towing, Inc.; Dave’s Towing Service; Mohica Towing, Inc.; and Road Runner Towing.

G. An Evaluation Panel consisting of representatives from the City’s Police Department evaluated the Statements of Qualifications received in response to the RFQ, and have determined three firms (Alfonso Towing Inc.; Dave’s Towing Service; and Mohica Towing Inc.) were fully responsive to the RFQ, and are qualified to provide the

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Resolution No._____

Page 2 ends

rotation tow program services to the City.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES AS FOLLOWS:

Section 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.

Section 2. In accordance with Section 11.82.060 of the Palm Springs Municipal Code, the City Council hereby approves an Official Police Towing and Storage Service Agreement with the following firms:

Alfonso Towing, Inc.

Dave’s Towing Service
Mohica Towing, Inc.

Section 3. The City Manager is hereby authorized to take all actions necessary to execute the agreements.

ADOPTED THIS 26th DAY OF AUGUST 2026.

Scott Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk

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Resolution No._____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on August 26, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

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ATTACHMENT A
Resolution

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS APPROVING AGREEMENTS WITH

CERTAIN TOW COMPANIES FOR AS-NEEDED VEHICLE

TOWING AND STORAGE SERVICES FOR THE PALM

SPRINGS POLICE DEPARTMENT

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs, California, (the “City”), requires the services of one or more privately-owned tow companies for the purposes of effectively enforcing parking and traffic laws; promptly towing vehicles that are inoperative or involved in a collision; and expeditiously removing and safely storing vehicles that the City’s Police Department impounds or holds for investigation, examination or evidence.

B. The City Council previously adopted Chapter 11.82, “Police Tow Services Standards,” of the Palm Springs Municipal Code, establishing a selection process and contractual system for vehicle towing and storage services that are initiated by the Palm Springs Police Department.

C. In accordance with Chapter 11.82, on May 12, 2026 the City Council did adopt Resolution No. 25394, entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING THE REQUEST FOR

PROPOSALS/QUALIFICATIONS FOR THE ROTATIONAL TOW PROGRAM,

AUTHORIZING STAFF TO ADVERTISE AND SOLICIT RESPONSES FOR THE PALM SPRINGS POLICE DEPARTMENT.”
D. Incorporated as part of Resolution No. 25189, the City Council adopted the Vehicle Towing Administrative Cost Recovery Fee (the “VTACR Fee”) of $345,016.16 as an annual fee establishing the actual and reasonable costs of the City’s administration of the rotational tow program.

E. On May 18, 2026, the City’s Office of Procurement and Contracting issued its Request for Qualifications (RFQ 04-26) for Official Police Towing and Storage Services of Vehicles as Requested by the Palm Springs Police Department, (the “RFQ”), and subsequently issued two Addenda in response to certain questions related to the RFQ.

F. On June 22, 2026, the City received Statements of Qualifications in response to the RFQ from the five following firms: Angelos’s Towing; Alfonso Towing, Inc.; Dave’s Towing Service; Mohica Towing, Inc.; and Road Runner Towing.

G. An Evaluation Panel consisting of representatives from the City’s Police Department evaluated the Statements of Qualifications received in response to the RFQ, and have determined three firms (Alfonso Towing Inc.; Dave’s Towing Service; and Mohica Towing Inc.) were fully responsive to the RFQ, and are qualified to provide the

W – Page 844 of 1230
Resolution No._____

Page 2 ends

rotation tow program services to the City.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES AS FOLLOWS:

Section 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.

Section 2. In accordance with Section 11.82.060 of the Palm Springs Municipal Code, the City Council hereby approves an Official Police Towing and Storage Service Agreement with the following firms:

Alfonso Towing, Inc.

Dave’s Towing Service
Mohica Towing, Inc.

Section 3. The City Manager is hereby authorized to take all actions necessary to execute the agreements.

ADOPTED THIS 26th DAY OF AUGUST 2026.

Scott Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk

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Resolution No._____

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on August 26, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

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ATTACHMENT B
Public Integrity Disclosure
Forms

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ATTACHMENT C
Official Police Towing and
Storage Services

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Page 1 of 36 ends

CITY OF PALM SPRINGS
OFFICIAL POLICE TOWING AND STORAGE SERVICES 26Q168

THIS OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “Agreement”) is made and entered into on this 27th day of August 2026 by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”), and Alfonso Towing Inc. (hereinafter referred to as “Contractor”). Any reference in this Agreement to the “Department” shall be deemed to refer to the Palm Springs Police Department.

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

B. As a means for providing the necessary towing service, City has approved the use of one or more towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the Tow Ordinance, the City’s Police Department, the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (RFQ 04-26) for Towing and Storage of Vehicles, as requested by the Department.

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

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

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

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

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

AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this Agreement; (2) the City of Palm Springs Request for Statements of Qualifications (RFQ 04- 26) for Towing and Storage of Vehicles as Requested by the Palm Springs Police

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Department (“SOQ”), including all addenda issued related thereto; and, (3) the signed, original Statement of Qualifications submitted (“Submittal”) by Contractor in response to the SOQ, which shall all be referred to collectively hereinafter as the “Contract Documents.” The SOQ and signed submittal are both hereby incorporated by reference and are made part of this Agreement as though fully set forth herein. All provisions of the SOQ and the Submittal shall be binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract Documents, the provisions of the Agreement, then the provisions of the SOQ, then the provisions of the Submittal shall control. To ensure the efficient performance of police towing services for the Department, Contractor hereby agrees to the following service provider requirements, specifications, performance criteria, and terms and conditions:

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

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

2. Done without the vehicle owner’s or operator’s knowledge, consent, or authorization, regardless of whether the vehicle is on public or private property. Examples include, but are not limited to, a vehicle for which registration is at least six months past due, or a vehicle driven by persons who are not licensed for that particular class of vehicle, or when an owner or an operator:
a. Is arrested, detained, incapacitated, or physically unable to drive the vehicle, or b. Fails to either designate or express a preference for a particular towing company. “Official police tow services provider” means a towing company having a contractual relationship with the City of Palm Springs to provide towing services to the Police Department.
“Operator” means a person who is lawfully entitled to possession of a vehicle. The term includes the owner’s agent.
“Owner” has the same meaning as that that term is defined in Vehicle Code Section 460, or any successor legislation. The term includes the owner’s agent.

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“Person” means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized. “Police Chief” means the Chief of Police for the City of Palm Springs, or the designee of the Chief of Police.
“Recovery” refers to responding to a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.
“Response time” means the elapsed time between the relaying of the tow service request to the Contractor and arrival of the appropriate tow vehicle on the scene. “Tow truck” is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles. “Towed” means a vehicle hauled, pulled, or transported by a tow truck. “Towing service” means roadside assistance, towing, storing, lien-selling, or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
“Vehicle” has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation. A “stored vehicle” or “impounded vehicle” is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a Vehicle Report (currently, CHP form is provided to the Official Police Tow service provider).

2.0 COORDINATION OF WORK

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

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

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

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

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

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

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

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

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

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

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

3. INSURANCE

3.1 Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees.

In the event the City Manager determines that the
Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. All insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

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

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

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

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

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

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

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

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

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

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

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

3.1.9 Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be

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considered to be transporting property subject to normal minimum insurance requirements of Section 34631.5 of the Vehicle Code.

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

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

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

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

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

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

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

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

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

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

3.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

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

3.3.9 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.

3.3.10 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.

3.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other 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.

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

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3.4 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.

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

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

1. "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).

2. "This insurance is primary and non-contributory over any insurance or selfinsurance 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).

3. "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.

4. 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 Contractor’s obligation to provide them.

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4 BREACH OF CONTRACT
Any of the following acts if committed by Contractor during the performance of this Agreement shall be considered a material breach of this Agreement:

4.1 Nonpayment of City any business license fees, VTACR fees, or any other fees required by this Agreement or the Palm Springs Municipal Code.

4.2 Failing to comply with any provision of this Agreement or breach of any rules, regulations, or conditions provided in this Agreement or the Palm Springs Municipal Code.

4.3 Violation of any federal, state or local law by Contractor, any person having any ownership interest in Contractor, or any employee of Contractor.

4.4 Failing to maintain a satisfactory level of service to the City or the public.

4.5 Failing to keep any vehicle towed at the request of the Department in safe condition and good repair.

4.6 Failing to use distinctive coloring, monogram, or insignia on the vehicle.

4.7 Any deviation from the schedule of rates set forth in this Agreement without prior approval of the Chief of Police.

4.8 Passing on, or refusing, for any reason, a tow assignment from the Department three or more times in any calendar month.

4.9 Allowing the insurance coverage required herein to either be withdrawn or lapse or to no longer be in force for any reason.
5 ACTS OR OMISSIONS OF REPRESENTATIVES
It is understood and agreed by the parties that the acts and/or omissions of the owner(s), officers, operators, officials, employees, agents, and representatives of Contractor in the performance of the services and obligations under this Agreement shall constitute the acts and/or omissions of Contractor.
6 ENFORCEMENT OF AGREEMENT

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

6.2 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

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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.

6.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

6.3.1 If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.

Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 5.3.

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

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

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6.5 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.

6.6 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.

6.7 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 contractor 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.
7 COMPLAINT PROCESS; TERMINATION FOR VERIFIED COMPLAINTS

7.1 Acknowledgement of Complaint Procedure. Contractor hereby acknowledges and agrees that its performance under this Agreement shall be subject to the City Police Department’s (the “Department”) internal complaint and grievance procedure (the “Complaint Procedure”), which permits members of the public to submit complaints concerning Contractor’s provision of towing and storage services.

7.2 Investigation and Recordkeeping. The Department shall have the sole discretion to receive, investigate, and evaluate complaints submitted under the Complaint Procedure. The Department shall maintain records of all complaints, including findings as to whether any complaint is determined to be verified and meritorious.

Contractor shall cooperate fully with any inquiry or investigation undertaken by the Department in connection with such complaints, including the production of records and the reasonable availability of personnel for interviews.

7.3 Grounds for Termination. The receipt of verified and meritorious complaints, in such number or nature as the Department reasonably determines evidences a pattern of misconduct, substandard performance, or other failure to comply with the terms of the Agreement or applicable law, shall constitute grounds for termination of this Agreement pursuant to Section 11.82.150 of the City of Palm Springs Municipal Code.

7.4 Reservation of Rights. Nothing herein shall be construed to limit or restrict the City’s authority under Section 11.82.150 of the City of Palm Springs Municipal Code, or any other provision of this Agreement, to suspend, revoke, or terminate this Agreement or to exercise any other remedy available at law or in equity.

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

To City: City of Palm Springs
Attention: City Manager & City
Clerk 3200 E. Tahquitz Canyon
Way Palm springs, California
92262 Telephone: (760)323-8204
Facsimile: (760) 323-8332
To Contractor: Alfonso Towing Inc.

Attention: Luis Valverde Flores
17448 Ben Mar Rd.

Desert Hot Springs, CA 92240
Telephone: (760) 993-7518
9 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

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

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

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

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condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10 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. 11 INTEGRATION
This Agreement constitutes the entire agreement between the Parties and supersedes 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. 12 AMENDMENT
No modification, amendment, addition to, deletion, or alteration of the terms of this Agreement, whether written or oral, shall be valid unless made in writing and formally approved and executed by all parties.
13 NO WAIVER
No delay or omission in the exercise of any right or remedy available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver of any default or condition hereunder must be in writing and shall not be construed as a waiver of any other default concerning the same or any other provision of this Agreement.

The waiver by City of any breach by Contractor of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach or default by Contractor either of the same or a different provision of this Agreement. 14 THIRD PARTY BENEFICIARIES
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.
15 SUCCESSORS IN INTEREST

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This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
16 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.
17 EFFECTIVE DATE
The Effective Date of the Agreement shall be that which is entered at the top of the first page of this agreement, where upon both parties have fully executed the documents herein.

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALFONSO TOWING INC.

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

CONTRACTOR:

By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)
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 – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES

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

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

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

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

Towed vehicles shall first be transported to a designated drop location, where they will remain until (30) thirty minutes past the official start time of VillageFest. If the registered owner or authorized agent claims the vehicle during this holding period, they shall be charged for one (1) hour of towing service, and all City administrative fees shall be waived. The tow operator shall be responsible for facilitating vehicle release during this time.

Once the holding period expires, all unclaimed vehicles shall be relocated to the Contractor’s storage facility, where standard storage fees shall apply. Registered owners or authorized agents of vehicles towed from VillageFest shall be charged for one (1) hour of towing service and all City administrative fees shall be waived.

After hours gate fees would apply if the owner/agent retrieves the vehicle outside regular business hours. Contractors must ensure full compliance with all recordkeeping, reporting, and operational requirements as set forth by the Department.

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

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

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1. Homecoming Parade

2. Pride Block Parties

3. Pride Festival

4. Pride Parade

5. Veteran’s Day Parade

6. Festival of Lights Parade

7. Tour de Palm Springs

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

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

1.3.3 As-needed abatement of vehicles from private property at the direction of the City’s Code Enforcement Officers in accordance with the City’s Abandoned Vehicle Abatement Program in accordance with the terms and conditions set forth in Title 11 of the City of Palm Springs Municipal Code, “Peace, Morals and Safety”, Chapter 11.80, “Abandoned Vehicles” which is incorporated herein by reference and may be found online at: City of Palm Springs, CA ABANDONED VEHICLES.

No charge shall be assessed against City or the owner of any vehicle that is towed, stored, or dismantled under the provisions of the Abandoned Vehicle Abatement Program.

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

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

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

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

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

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

2. Term and Termination

2.1 This Agreement shall remain in effect for three (3) years from the Effective Date. This Agreement may be reviewed at the conclusion of the initial three (3) year period and extended for up to two (2) one (1) year periods by mutual written agreement of the parties.

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

2.3 This Agreement may also be cancelled without cause upon thirty (30) days written notice provided by the City or upon ninety (90) day written notice from the Contractor.

In the event that City should cancel, revoke, or suspend Contractor’s work pursuant to this Section 2.3, Contractor shall be entitled to payment for services fully and adequately provided hereunder prior to the effective date of the cancellation, revocation, or suspension. Contractor shall provide documentation deemed adequate by the Department to show the services actually completed by Contractor prior to the effective date of termination. Contractor’s sole remedy for City’s cancellation, revocation, or suspension of work pursuant to this Section 2.3 shall be the payment of funds as expressly provided in this Section 2.3.

2.4 In the event this Agreement is terminated, in whole or in part, as provided by this Section 2, City may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated.

2.5 The rights and remedies of the parties provided in this Section 2 are in addition to any other rights and remedies provided by law or under this Agreement, including, but not limited to, those rights and remedies set forth in Palm Springs Municipal Code Section 11.82.150, as it may be amended.

3. Location

3.1 All storage facilities that are utilized to store police-stored or impounded vehicles by Contractor shall be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.

3.2 All vehicles stored or impounded at the direction of the Department shall be

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

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

4. Personnel

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

4.2 All tow truck operators shall be required to have all necessary certificates required by the State of California to operate a tow truck, including a valid California Tow Truck Driver Certification and California Driver’s Licenses in the proper class pursuant to Vehicle Code Sections 12520 and 12804.9(b). Within ten (10) days of the Effective Date of this Agreement, and annually thereafter (within ten (10) days of the anniversary of the Effective Date of this Agreement), Contractor shall provide a list of its tow truck operators and a CHP Form 234F (Tow Operator/Driver Information) for each tow truck operator and such other executed releases and authorizations as the City may require to allow the Department to conduct a background check, including, but not limited to a State of California Department of Motor Vehicles (“DMV”) printout, and fingerprints for each tow truck operator to be utilized in Department tow program. Any subsequent employment of a new tow truck operator shall be reported in writing to the Department immediately, including submittal of the above-referenced materials.

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

4.4 Contractor shall have an alcohol and drug program that includes, at a minimum, an alcohol and drug free workplace policy, and a tow truck operator alcohol/drugtesting program that complies with the U.S. Department of Transportation requirements to the extent allowed by law, including random alcohol and drug testing. Any tow truck operator found working under the influence of alcohol or drugs shall be immediately removed from operating a tow truck and from providing any further services pursuant to this Agreement. The alcohol and drug program shall meet the following requirements

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

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

4.6 Contractor shall not employ in the performance of services pursuant to this Agreement any tow truck operator convicted of or having pled nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or moral turpitude, fraud related to the towing business, a violation of any of the provisions of Vehicle Code Section 22658, or misdemeanor or felony driving while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code Section 13377.

If any tow truck operator is charged with any of the above-listed crimes, Contractor shall immediately suspend that operator from duties under this Agreement pending the outcome of the criminal case.

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

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

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

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

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

4.12 Rude or discourteous behavior.

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

4.14 Any act of sexual harassment or sexual impropriety.

4.15 Unsafe driving practices.

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

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

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

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

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

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

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

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

6. Response to call and response time

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

6.2 Contractor shall be called in response to a Department request upon the occurrence of its turn in rotation. Whenever Contractor cannot, for any reason, respond with any equipment needed to accomplish the requested service within

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the response time specified herein, it shall be passed over and the next official police tow service provider on the list will be called. Contractor shall become eligible to provide service again only in its next turn in rotation. Whenever a Department employee determines that an emergency exists because Contractor is unable, for any reason, to provide adequate tow service, the Department employee shall have the right to have such services performed by any other means available. In the event a Department employee cancels a rotation tow due to no fault on the part of the Contractor, Contractor shall be placed on the top of the rotation list for the next requested tow.

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

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

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

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

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

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

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

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7. Equipment Standards

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

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

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

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

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

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

7.7 There are two (2) classes of tow trucks covered under this Agreement a. Class A- Light Duty: Contractor shall maintain a minimum of one tow truck, which has a manufacturer’s GVWR of at least 14,000 pounds. Class A 4- wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the 234A. These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive.
b. Class B - Medium Duty: Contractor shall maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.

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

8. General Equipment Specifications

8.1 Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

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

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

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

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

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

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

9. Communications and Operational Requirements

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

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

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

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

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

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

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

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

10. Vehicle Identification

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

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

11. Storage service responsibilities

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

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

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

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

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

11.6 All vehicles stored or impounded as a result of a tow ordered by the Department shall be made available during business hours to the owner of the vehicle or his representative, or any authorized insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a “police hold”.

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

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limitation, Vehicle Code Section 10652 (reporting storage of vehicles over thirty days).

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

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

11.10 Contractor is authorized and encouraged to take photographs of vehicles towed under this Agreement for the sole purpose of documenting the condition of the vehicle, including any damage or lack thereof, at the time of the tow. Such photographs shall be treated as confidential and may only be disclosed to the vehicle owner or other interested parties, as determined by the Department in its sole and absolute discretion. Under no circumstances shall Contractor post, publish, or otherwise disseminate such photographs—whether in print, online, through social media, or by any other means—without the prior written consent of the Department.

12. Storage Facility Standards

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

12.2 The vehicles storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.

12.3 The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty- four hours.

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

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

12.6 Contractor shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the Department. Nothing herein shall be deemed to prevent or prohibit Contractor from commencing the lien sale process on any such impounded vehicle.

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12.7 The Contractor must install and maintain a continuously recording video surveillance system, as approved by the Chief of Police or their designee. This system shall, at the minimum, monitor the entirety of indoor and outdoor vehicle storage lots, any points of ingress or egress to the establishment, and all locations within the establishment open to the public. Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress. Images captured by the surveillance system shall be retained for a period of no less than thirty (30) days and must be made accessible to the Chief of Police or their designee upon request. Copies of footage shall be made available to the Chief of Police or his designee no later than two (2) business days after a request for the footage is made.

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

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

13. Reports and Records

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

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

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

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event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

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

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

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

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

13.8 Contractor shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following information a. Total Department impounds and storages;
b. Number of times dispatched by the Department;
c. Number of calls for service resulting in impounds;
d. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, and as that law may be amended from time to time; e. Number of vehicles sold on lien sale under authority of Civil Code Section 3073, and as that law may be amended from time to time;

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f. Certification of (a) the availability of the names and addresses of buyers sand description of vehicles when sold and (b) that such names, addresses, and descriptions are available for inspection by the Chief of Police and the Finance Director; and
g. Number of calls for service answered in which time beyond one hour was required to be handled.

14. Liens and Disposals

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

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

15. Performance

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

15.2 Contractor’s performance of all terms and conditions set forth herein shall be monitored and verified by the Supervisor or Sergeant of the Department’s Traffic Division.

15.3 Contractor acknowledges and agrees that the minimum performance standards required under this Agreement shall include the performance standards described in the SOQ, but not be limited to, the following; a. Timely payment to City of VTACR Fee
b. Contractor shall provide payment to the City by the 10th day of each month, for the preceding month tows for all vehicle impound subject to the Vehicle Towing Administrative Cost Recovery fee.
c. Contractor shall include with each VTACR payment both a paper and electronic report of all the preceding months tows in which they collected the VTACR fee, in a format approved by the Department.
d. VTACR payment and report shall be provided to the following departments: Police
i. Timely submission of all required monthly reports.

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

16. Inspection

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

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

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

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

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

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

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

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

17. Special Equipment

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

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

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

18. Risk

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

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

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

19. Insolvency
Contractor shall not, without the prior written consent of the Chief of Police, suffer either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor or make a general assignment of such assets for the benefit of creditors.

Any such action taken or suffered by Contractor under any insolvency or bankruptcy proceeding constitutes a breach of contract by Contractor and all property assigned by City for safe care shall be “released” to another assigned service provider, as specified by the Chief of Police or his or her designee, with a reimbursement for towing, storage, and related fees borne by the service provider assuming the new responsibility.

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

1. Rates and VTACR Fee

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

Each official police tow services provider shall collect the VTACR fee at the time of vehicle release and remit payment to the City of Palm Springs no later than the 10th day of each month. The remittance shall include an itemized report detailing all vehicles towed under the program. The City may waive the VTACR fee in cases of abandoned vehicles, where neither the City nor the Contractor collects any towing or storage fees, and the Contractor avails itself of the Abandoned Vehicle Abatement Program, as set forth in Palm Springs Municipal Code Section 11.80.

The Tow Fee Schedule is adopted as follows:

Fee Schedule

TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*

STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $90
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235

OTHER RELATED FEES

ONE TIME
AFTER HOURS RELEASE / GATE FEE $100

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SECONDARY / SUBSEQUENT TOW ½

ESTABLISHED

TOW RATE
*Hourly rates

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

1.3 “Dry Runs”: City shall not be liable to pay Contractor any charge whatsoever or fee for a call that does not result in a chargeable service being rendered by Contractor (i.e., a “dry run”). In the event that a vehicle towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall wave all towing, storage, and administrative fees associated with the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.

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

1.5 All rates and charges shall be conspicuously posted in the Contractor’s office and in all tow vehicles and shall be available for review by City personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be the Contractor’s responsibility to collect payment for services it renders under this Agreement from the motorists, and City shall not be responsible in any way whatsoever for payment of these charges.

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

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

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

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

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shall maintain records of such waivers and provide documentation upon request by the Department.

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

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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

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CITY OF PALM SPRINGS
OFFICIAL POLICE TOWING AND STORAGE SERVICES 26Q169

THIS OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “Agreement”) is made and entered into on this 27th day of August 2026 by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”), and Dave’s Towing Service (hereinafter referred to as “Contractor”). Any reference in this Agreement to the “Department” shall be deemed to refer to the Palm Springs Police Department.

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

B. As a means for providing the necessary towing service, City has approved the use of one or more towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the Tow Ordinance, the City’s Police Department, the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (RFQ 04-26) for Towing and Storage of Vehicles, as requested by the Department.

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

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

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

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

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

AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this Agreement; (2) the City of Palm Springs Request for Statements of Qualifications (RFQ 04- 26) for Towing and Storage of Vehicles as Requested by the Palm Springs Police

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Department (“SOQ”), including all addenda issued related thereto; and, (3) the signed, original Statement of Qualifications submitted (“Submittal”) by Contractor in response to the SOQ, which shall all be referred to collectively hereinafter as the “Contract Documents.” The SOQ and signed submittal are both hereby incorporated by reference and are made part of this Agreement as though fully set forth herein. All provisions of the SOQ and the Submittal shall be binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract Documents, the provisions of the Agreement, then the provisions of the SOQ, then the provisions of the Submittal shall control. To ensure the efficient performance of police towing services for the Department, Contractor hereby agrees to the following service provider requirements, specifications, performance criteria, and terms and conditions:

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

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

2. Done without the vehicle owner’s or operator’s knowledge, consent, or authorization, regardless of whether the vehicle is on public or private property. Examples include, but are not limited to, a vehicle for which registration is at least six months past due, or a vehicle driven by persons who are not licensed for that particular class of vehicle, or when an owner or an operator:
a. Is arrested, detained, incapacitated, or physically unable to drive the vehicle, or b. Fails to either designate or express a preference for a particular towing company. “Official police tow services provider” means a towing company having a contractual relationship with the City of Palm Springs to provide towing services to the Police Department.
“Operator” means a person who is lawfully entitled to possession of a vehicle. The term includes the owner’s agent.
“Owner” has the same meaning as that that term is defined in Vehicle Code Section 460, or any successor legislation. The term includes the owner’s agent.

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“Person” means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized. “Police Chief” means the Chief of Police for the City of Palm Springs, or the designee of the Chief of Police.
“Recovery” refers to responding to a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.
“Response time” means the elapsed time between the relaying of the tow service request to the Contractor and arrival of the appropriate tow vehicle on the scene. “Tow truck” is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles. “Towed” means a vehicle hauled, pulled, or transported by a tow truck. “Towing service” means roadside assistance, towing, storing, lien-selling, or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
“Vehicle” has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation. A “stored vehicle” or “impounded vehicle” is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a Vehicle Report (currently, CHP form is provided to the Official Police Tow service provider).

2.0 COORDINATION OF WORK

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

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

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

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

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

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

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

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

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

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

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

3. INSURANCE

3.1 Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees.

In the event the City Manager determines that the
Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

3.1.9 Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance

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requirements of Section 34631.5 of the Vehicle Code.

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

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

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

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

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

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

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

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

3.3.6 Contractor agrees to ensure that subcontractors, and any other parties

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

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

3.3.8 Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

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

3.3.9 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.

3.3.10 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.

3.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other 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.

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

3.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by

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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.

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

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

1. "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).

2. "This insurance is primary and non-contributory over any insurance or selfinsurance 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).

3. "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.

4. 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 Contractor’s obligation to provide them.

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4 BREACH OF CONTRACT
Any of the following acts if committed by Contractor during the performance of this Agreement shall be considered a material breach of this Agreement:

4.1 Nonpayment of City any business license fees, VTACR fees, or any other fees required by this Agreement or the Palm Springs Municipal Code.

4.2 Failing to comply with any provision of this Agreement or breach of any rules, regulations, or conditions provided in this Agreement or the Palm Springs Municipal Code.

4.3 Violation of any federal, state or local law by Contractor, any person having any ownership interest in Contractor, or any employee of Contractor.

4.4 Failing to maintain a satisfactory level of service to the City or the public.

4.5 Failing to keep any vehicle towed at the request of the Department in safe condition and good repair.

4.6 Failing to use distinctive coloring, monogram, or insignia on the vehicle.

4.7 Any deviation from the schedule of rates set forth in this Agreement without prior approval of the Chief of Police.

4.8 Passing on, or refusing, for any reason, a tow assignment from the Department three or more times in any calendar month.

4.9 Allowing the insurance coverage required herein to either be withdrawn or lapse or to no longer be in force for any reason.
5 ACTS OR OMISSIONS OF REPRESENTATIVES
It is understood and agreed by the parties that the acts and/or omissions of the owner(s), officers, operators, officials, employees, agents, and representatives of Contractor in the performance of the services and obligations under this Agreement shall constitute the acts and/or omissions of Contractor.
6 ENFORCEMENT OF AGREEMENT

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

6.2 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

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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.

6.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

6.3.1 If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.

Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 5.3.

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

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

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6.5 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.

6.6 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.

6.7 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 contractor 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.
7 COMPLAINT PROCESS; TERMINATION FOR VERIFIED COMPLAINTS

7.1 Acknowledgement of Complaint Procedure. Contractor hereby acknowledges and agrees that its performance under this Agreement shall be subject to the City Police Department’s (the “Department”) internal complaint and grievance procedure (the “Complaint Procedure”), which permits members of the public to submit complaints concerning Contractor’s provision of towing and storage services.

7.2 Investigation and Recordkeeping. The Department shall have the sole discretion to receive, investigate, and evaluate complaints submitted under the Complaint Procedure. The Department shall maintain records of all complaints, including findings as to whether any complaint is determined to be verified and meritorious.

Contractor shall cooperate fully with any inquiry or investigation undertaken by the Department in connection with such complaints, including the production of records and the reasonable availability of personnel for interviews.

7.3 Grounds for Termination. The receipt of verified and meritorious complaints, in such number or nature as the Department reasonably determines evidences a pattern of misconduct, substandard performance, or other failure to comply with the terms of the Agreement or applicable law, shall constitute grounds for termination of this Agreement pursuant to Section 11.82.150 of the City of Palm Springs Municipal Code.

7.4 Reservation of Rights. Nothing herein shall be construed to limit or restrict the City’s authority under Section 11.82.150 of the City of Palm Springs Municipal Code, or any other provision of this Agreement, to suspend, revoke, or terminate this Agreement or to exercise any other remedy available at law or in equity.

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

To City: City of Palm Springs
Attention: City Manager & City
Clerk 3200 E. Tahquitz Canyon
Way Palm springs, California
92262 Telephone: (760)323-8204
Facsimile: (760) 323-8332
To Contractor: Dave’s Towing Service
Attention: David E. Bell
370 West San Rafael Drive, Suite 9
Palm Springs, CA 92262
Telephone: (760) 322-5441
9 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

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

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

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

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are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10 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. 11 INTEGRATION
This Agreement constitutes the entire agreement between the Parties and supersedes 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. 12 AMENDMENT
No modification, amendment, addition to, deletion, or alteration of the terms of this Agreement, whether written or oral, shall be valid unless made in writing and formally approved and executed by all parties.
13 NO WAIVER
No delay or omission in the exercise of any right or remedy available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver of any default or condition hereunder must be in writing and shall not be construed as a waiver of any other default concerning the same or any other provision of this Agreement.

The waiver by City of any breach by Contractor of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach or default by Contractor either of the same or a different provision of this Agreement. 14 THIRD PARTY BENEFICIARIES
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.
15 SUCCESSORS IN INTEREST

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This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
16 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.
17 EFFECTIVE DATE
The Effective Date of the Agreement shall be that which is entered at the top of the first page of this agreement, where upon both parties have fully executed the documents herein.

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND DAVE’S TOWING SERVICE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: ____________________________
Signature

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

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EXHIBIT “A”

SCOPE OF SERVICES

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

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

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

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

Towed vehicles shall first be transported to a designated drop location, where they will remain until (30) thirty minutes past the official start time of VillageFest. If the registered owner or authorized agent claims the vehicle during this holding period, they shall be charged for one (1) hour of towing service, and all City administrative fees shall be waived. The tow operator shall be responsible for facilitating vehicle release during this time.

Once the holding period expires, all unclaimed vehicles shall be relocated to the Contractor’s storage facility, where standard storage fees shall apply. Registered owners or authorized agents of vehicles towed from VillageFest shall be charged for one (1) hour of towing service and all City administrative fees shall be waived.

After hours gate fees would apply if the owner/agent retrieves the vehicle outside regular business hours. Contractors must ensure full compliance with all recordkeeping, reporting, and operational requirements as set forth by the Department.

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

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

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1. Homecoming Parade

2. Pride Block Parties

3. Pride Festival

4. Pride Parade

5. Veteran’s Day Parade

6. Festival of Lights Parade

7. Tour de Palm Springs

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

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

1.3.3 As-needed abatement of vehicles from private property at the direction of the City’s Code Enforcement Officers in accordance with the City’s Abandoned Vehicle Abatement Program in accordance with the terms and conditions set forth in Title 11 of the City of Palm Springs Municipal Code, “Peace, Morals and Safety”, Chapter 11.80, “Abandoned Vehicles” which is incorporated herein by reference and may be found online at: City of Palm Springs, CA ABANDONED VEHICLES.

No charge shall be assessed against City or the owner of any vehicle that is towed, stored, or dismantled under the provisions of the Abandoned Vehicle Abatement Program.

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

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

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

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

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

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

2. Term and Termination

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

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

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

2.3 This Agreement may also be cancelled without cause upon thirty (30) days written notice provided by the City or upon ninety (90) day written notice from the Contractor.

In the event that City should cancel, revoke, or suspend Contractor’s work pursuant to this Section 2.3, Contractor shall be entitled to payment for services fully and adequately provided hereunder prior to the effective date of the cancellation, revocation, or suspension. Contractor shall provide documentation deemed adequate by the Department to show the services actually completed by Contractor prior to the effective date of termination. Contractor’s sole remedy for City’s cancellation, revocation, or suspension of work pursuant to this Section 2.3 shall be the payment of funds as expressly provided in this Section 2.3.

2.4 In the event this Agreement is terminated, in whole or in part, as provided by this Section 2, City may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated.

2.5 The rights and remedies of the parties provided in this Section 2 are in addition to any other rights and remedies provided by law or under this Agreement, including, but not limited to, those rights and remedies set forth in Palm Springs Municipal Code Section 11.82.150, as it may be amended.

3. Location

3.1 All storage facilities that are utilized to store police-stored or impounded vehicles by Contractor shall be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.

3.2 All vehicles stored or impounded at the direction of the Department shall be

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

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

4. Personnel

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

4.2 All tow truck operators shall be required to have all necessary certificates required by the State of California to operate a tow truck, including a valid California Tow Truck Driver Certification and California Driver’s Licenses in the proper class pursuant to Vehicle Code Sections 12520 and 12804.9(b). Within ten (10) days of the Effective Date of this Agreement, and annually thereafter (within ten (10) days of the anniversary of the Effective Date of this Agreement), Contractor shall provide a list of its tow truck operators and a CHP Form 234F (Tow Operator/Driver Information) for each tow truck operator and such other executed releases and authorizations as the City may require to allow the Department to conduct a background check, including, but not limited to a State of California Department of Motor Vehicles (“DMV”) printout, and fingerprints for each tow truck operator to be utilized in Department tow program. Any subsequent employment of a new tow truck operator shall be reported in writing to the Department immediately, including submittal of the above-referenced materials.

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

4.4 Contractor shall have an alcohol and drug program that includes, at a minimum, an alcohol and drug free workplace policy, and a tow truck operator alcohol/drugtesting program that complies with the U.S. Department of Transportation requirements to the extent allowed by law, including random alcohol and drug testing. Any tow truck operator found working under the influence of alcohol or drugs shall be immediately removed from operating a tow truck and from providing any further services pursuant to this Agreement. The alcohol and drug program shall meet the following requirements

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

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

4.6 Contractor shall not employ in the performance of services pursuant to this Agreement any tow truck operator convicted of or having pled nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or moral turpitude, fraud related to the towing business, a violation of any of the provisions of Vehicle Code Section 22658, or misdemeanor or felony driving while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code Section 13377.

If any tow truck operator is charged with any of the above-listed crimes, Contractor shall immediately suspend that operator from duties under this Agreement pending the outcome of the criminal case.

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

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

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

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

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

4.12 Rude or discourteous behavior.

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

4.14 Any act of sexual harassment or sexual impropriety.

4.15 Unsafe driving practices.

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

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

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

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

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

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

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

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

6. Response to call and response time

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

6.2 Contractor shall be called in response to a Department request upon the occurrence of its turn in rotation. Whenever Contractor cannot, for any reason, respond with any equipment needed to accomplish the requested service within

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the response time specified herein, it shall be passed over and the next official police tow service provider on the list will be called. Contractor shall become eligible to provide service again only in its next turn in rotation. Whenever a Department employee determines that an emergency exists because Contractor is unable, for any reason, to provide adequate tow service, the Department employee shall have the right to have such services performed by any other means available. In the event a Department employee cancels a rotation tow due to no fault on the part of the Contractor, Contractor shall be placed on the top of the rotation list for the next requested tow.

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

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

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

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

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

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

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

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7. Equipment Standards

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

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

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

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

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

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

7.7 There are two (2) classes of tow trucks covered under this Agreement a. Class A- Light Duty: Contractor shall maintain a minimum of one tow truck, which has a manufacturer’s GVWR of at least 14,000 pounds. Class A 4- wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the 234A. These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive.
b. Class B - Medium Duty: Contractor shall maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.

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

8. General Equipment Specifications

8.1 Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

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

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

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

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

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

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

9. Communications and Operational Requirements

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

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

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

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

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

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

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

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

10. Vehicle Identification

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

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

11. Storage service responsibilities

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

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

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

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

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

11.6 All vehicles stored or impounded as a result of a tow ordered by the Department shall be made available during business hours to the owner of the vehicle or his representative, or any authorized insurance agent, insurance adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a “police hold”.

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

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limitation, Vehicle Code Section 10652 (reporting storage of vehicles over thirty days).

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

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

11.10 Contractor is authorized and encouraged to take photographs of vehicles towed under this Agreement for the sole purpose of documenting the condition of the vehicle, including any damage or lack thereof, at the time of the tow. Such photographs shall be treated as confidential and may only be disclosed to the vehicle owner or other interested parties, as determined by the Department in its sole and absolute discretion. Under no circumstances shall Contractor post, publish, or otherwise disseminate such photographs—whether in print, online, through social media, or by any other means—without the prior written consent of the Department.

12. Storage Facility Standards

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

12.2 The vehicles storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles, distance shall be measured in driving distance.

12.3 The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty- four hours.

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

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

12.6 Contractor shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the Department. Nothing herein shall be deemed to prevent or prohibit Contractor from commencing the lien sale process on any such impounded vehicle.

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12.7 The Contractor must install and maintain a continuously recording video surveillance system, as approved by the Chief of Police or their designee. This system shall, at the minimum, monitor the entirety of indoor and outdoor vehicle storage lots, any points of ingress or egress to the establishment, and all locations within the establishment open to the public. Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress. Images captured by the surveillance system shall be retained for a period of no less than thirty (30) days and must be made accessible to the Chief of Police or their designee upon request. Copies of footage shall be made available to the Chief of Police or his designee no later than two (2) business days after a request for the footage is made.

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

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

13. Reports and Records

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

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

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

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event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

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

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

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

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

13.8 Contractor shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following information a. Total Department impounds and storages;
b. Number of times dispatched by the Department;
c. Number of calls for service resulting in impounds;
d. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, and as that law may be amended from time to time; e. Number of vehicles sold on lien sale under authority of Civil Code Section 3073, and as that law may be amended from time to time;

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f. Certification of (a) the availability of the names and addresses of buyers sand description of vehicles when sold and (b) that such names, addresses, and descriptions are available for inspection by the Chief of Police and the Finance Director; and
g. Number of calls for service answered in which time beyond one hour was required to be handled.

14. Liens and Disposals

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

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

15. Performance

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

15.2 Contractor’s performance of all terms and conditions set forth herein shall be monitored and verified by the Supervisor or Sergeant of the Department’s Traffic Division.

15.3 Contractor acknowledges and agrees that the minimum performance standards required under this Agreement shall include the performance standards described in the SOQ, but not be limited to, the following; a. Timely payment to City of VTACR Fee
b. Contractor shall provide payment to the City by the 10th day of each month, for the preceding month tows for all vehicle impound subject to the Vehicle Towing Administrative Cost Recovery fee.
c. Contractor shall include with each VTACR payment both a paper and electronic report of all the preceding months tows in which they collected the VTACR fee, in a format approved by the Department.
d. VTACR payment and report shall be provided to the following departments: Police
i. Timely submission of all required monthly reports.

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

16. Inspection

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

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

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

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

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

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

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

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

17. Special Equipment

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

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

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

18. Risk

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

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

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

19. Insolvency
Contractor shall not, without the prior written consent of the Chief of Police, suffer either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor or make a general assignment of such assets for the benefit of creditors.

Any such action taken or suffered by Contractor under any insolvency or bankruptcy proceeding constitutes a breach of contract by Contractor and all property assigned by City for safe care shall be “released” to another assigned service provider, as specified by the Chief of Police or his or her designee, with a reimbursement for towing, storage, and related fees borne by the service provider assuming the new responsibility.

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

1. Rates and VTACR Fee

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

Each official police tow services provider shall collect the VTACR fee at the time of vehicle release and remit payment to the City of Palm Springs no later than the 10th day of each month. The remittance shall include an itemized report detailing all vehicles towed under the program. The City may waive the VTACR fee in cases of abandoned vehicles, where neither the City nor the Contractor collects any towing or storage fees, and the Contractor avails itself of the Abandoned Vehicle Abatement Program, as set forth in Palm Springs Municipal Code Section 11.80.

The Tow Fee Schedule is adopted as follows:

Fee Schedule

TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*

STORAGE FEES DAILY
MOTORCYCLES $80
PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $90
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235

OTHER RELATED FEES

ONE TIME
AFTER HOURS RELEASE / GATE FEE $100

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SECONDARY / SUBSEQUENT TOW ½

ESTABLISHED

TOW RATE
*Hourly rates

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

1.3 “Dry Runs”: City shall not be liable to pay Contractor any charge whatsoever or fee for a call that does not result in a chargeable service being rendered by Contractor (i.e., a “dry run”). In the event that a vehicle towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall wave all towing, storage, and administrative fees associated with the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.

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

1.5 All rates and charges shall be conspicuously posted in the Contractor’s office and in all tow vehicles and shall be available for review by City personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be the Contractor’s responsibility to collect payment for services it renders under this Agreement from the motorists, and City shall not be responsible in any way whatsoever for payment of these charges.

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

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

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

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

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shall maintain records of such waivers and provide documentation upon request by the Department.

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

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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

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CITY OF PALM SPRINGS
OFFICIAL POLICE TOWING AND STORAGE SERVICES 26Q170

THIS OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “Agreement”) is made and entered into on this 27th day of August 2026 by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”), and Mohica Towing Inc. (hereinafter referred to as “Contractor”). Any reference in this Agreement to the “Department” shall be deemed to refer to the Palm Springs Police Department.

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

B. As a means for providing the necessary towing service, City has approved the use of one or more towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the Tow Ordinance, the City’s Police Department, the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (RFQ 04-26) for Towing and Storage of Vehicles, as requested by the Department.

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

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

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

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

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

AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this Agreement; (2) the City of Palm Springs Request for Statements of Qualifications (RFQ 04- 26) for Towing and Storage of Vehicles as Requested by the Palm Springs Police

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Department (“SOQ”), including all addenda issued related thereto; and, (3) the signed, original Statement of Qualifications submitted (“Submittal”) by Contractor in response to the SOQ, which shall all be referred to collectively hereinafter as the “Contract Documents.” The SOQ and signed submittal are both hereby incorporated by reference and are made part of this Agreement as though fully set forth herein. All provisions of the SOQ and the Submittal shall be binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract Documents, the provisions of the Agreement, then the provisions of the SOQ, then the provisions of the Submittal shall control. To ensure the efficient performance of police towing services for the Department, Contractor hereby agrees to the following service provider requirements, specifications, performance criteria, and terms and conditions:

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

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

2. Done without the vehicle owner’s or operator’s knowledge, consent, or authorization, regardless of whether the vehicle is on public or private property. Examples include, but are not limited to, a vehicle for which registration is at least six months past due, or a vehicle driven by persons who are not licensed for that particular class of vehicle, or when an owner or an operator:
a. Is arrested, detained, incapacitated, or physically unable to drive the vehicle, or b. Fails to either designate or express a preference for a particular towing company. “Official police tow services provider” means a towing company having a contractual relationship with the City of Palm Springs to provide towing services to the Police Department.
“Operator” means a person who is lawfully entitled to possession of a vehicle. The term includes the owner’s agent.
“Owner” has the same meaning as that that term is defined in Vehicle Code Section 460, or any successor legislation. The term includes the owner’s agent.

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“Person” means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized. “Police Chief” means the Chief of Police for the City of Palm Springs, or the designee of the Chief of Police.
“Recovery” refers to responding to a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.
“Response time” means the elapsed time between the relaying of the tow service request to the Contractor and arrival of the appropriate tow vehicle on the scene. “Tow truck” is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles. “Towed” means a vehicle hauled, pulled, or transported by a tow truck. “Towing service” means roadside assistance, towing, storing, lien-selling, or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
“Vehicle” has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation. A “stored vehicle” or “impounded vehicle” is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a Vehicle Report (currently, CHP form is provided to the Official Police Tow service provider).

2.0 COORDINATION OF WORK

2.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Joel Mojica, Vice 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 Contractor and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

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

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

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

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

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

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

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

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

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

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

3. INSURANCE

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

3.1.1 Commercial Business Automobile Liability, as required by Vehicle Code Section 16500.5. Such coverage must cover all owned, hired, and non-owned vehicles, including leased and rented vehicles. If Contractor does not own any vehicles, this requirement may be satisfied by a nonowned vehicle endorsement to the CGL and Umbrella/Excess policies.

The coverage shall include bodily injury and property damage, with a combined single limit of not less than $1,000,000 per occurrence (Combined single limit each accident for bodily injury and property damage). These minimum standards are to include non-owned and hired auto coverage.

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

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

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

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

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

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

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

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

3.1.8 Employer Liability Insurance: Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy

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limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

3.1.9 Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance requirements of Section 34631.5 of the Vehicle Code.

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

Contractor guarantees payment of all deductibles and self-insured retentions.

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

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

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

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

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

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

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