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HomeMy WebLinkAboutA9271 - PALM SPRINGS ANIMAL SHELTERRecording Requested By: City of Palm Springs When Recorded Mail To. Name Brenda Pree, City Clerk street Address 3200 E. Tahquitz Canyon Way City & Palm Springs, CA 92262 State NOTICE IS HEREBY GIVEN THAT: 2024-0166087 06/07/2024 01:02 PM Fee: $ 0.00 Page 1 of 2 Recorded in official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder ,hill II SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180-8190, 8100-8118, 92049208) 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: Fee mm (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3. The name and address of the direct contractor for the work of improvement as a whole is: USA Shade & Fabric Structures Inc. 2580 Esters Blvd, Suite 100 DFW Airport, TX 75261 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. 0 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 23 day of May , 20 24 there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: Animal Shelter Shade Structures, CP 22-20E (Measure J) 8. The real property herein referred to is situated in the City of Palm State of California, and is described as follows: Palm Springs Animal Shelter 9. The street address of said property is: 4575 E. Mesquite Road County of Riverside 10. If this Notice of Completion is signed by the owners successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dale: s^ y 8- a y By: gnature of Owner or Owners Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page l of 2 VERIFICATION I, Joel Montalvo , state: I am the City Engineer _ ('Owner", "President', "Authorized Agent*, 'Partner", etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty- 7-/ / of perjury under the laws of the State of California that the foregoing is true and correct. J Executed on — 2 a — (date), at Palm Springs (cq), CA (stare). vlltI� Signature of Owner or Owners Authorized Agent Joel Montalvo/City Engineer City of Palm Springs A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. BRENT Wl Notary Public - Cabrornla Riverside County Commission k 239e347 Expires Mar 24. 2026 STATE OF CALIF RNIA COUNTY OF �Versi on ` AMY 2 9 .Dui (date), before me, -r s r Notary Public (name and title of officer) personally appeared et W&ANL Vo who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hismer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal. 'sMal/ Pa, Page 2 of 2 Signature AGREEMENT FOR DISBURSEMENT AND USE OF MEASURE J FUNDS BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS ANIMAL SHELTER This Agreement for Disbursement and Use of Measure J Funds ("Agreement") is entered into this _25th_ day of October, 2022, by and between the CITY OF PALM SPRINGS ("City') and The Palm Springs Animal Shelter, a non-profit organization, ("Recipient'). City and Recipient are sometimes referred to individually as Party and collectively as Parties. RECITALS A. In 2011, Palm Springs voters approved Measure J, a dedicated local revenue measure in the form of a one percent sales tax increase to maintain local community services and revitalize the Palm Springs downtown area. B. City collects Measure I's proceeds and decides how to use such proceeds. The City sets aside a certain portion of Measure Ps proceeds for community initiated projects. Citizens, neighborhood organizations, businesses, and other organizations within the City can submit requests to City to receive Measure J proceeds for a proposed community initiated project. C. Recipient has submitted a request to City for disbursement of Measure J proceeds, to be used as specified in Exhibit "A", attached hereto and incorporated herein by reference. D. City has considered Recipient's request and desires to approve the disbursement of $130,500 of Measure J proceeds (the "Funds') to Recipient, to be used as specified in Exhibit "A", subject to the terms and conditions set forth herein. AGREEMENT I. Disbursement and Use of Funds. Within 30 days of City's receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Recipient shall use the Funds as specified in Exhibit "A", and shall not use the Funds for any other purpose. 2. Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least three years commencing on the date of City's disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient's use of the Funds. 3. Right to Inspect and Audit. The City may inspect and audit all of Recipient's documents and records relating to the Recipient's use of the Funds to ensure compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes. Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City's request for such documents and records. Recipient shall furthermore grant City's employees or agents access to any land, facilities, or improvements relating to Recipient's use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. 1 4. Prevailing Wage Laws. Recipient is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Recipient, its consultants, and all subconsultants to comply with all applicable California Labor Code provisions, which may include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If Recipient's use of the Funds constitutes or involves an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Recipient, its consultants, and all subconsultants must be registered with the Department of Industrial Relations. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Recipient's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. Indemnification. To the fullest extent permitted by law, Recipient agrees to defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgements, demands and defense costs, arising out of or in connection with this Agreement or Recipient's use of the Funds, except if such loss or damage resulted from the sole gross negligence or willful misconduct of the City. 6. Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party. 7. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. [signatures on thefollowingpagel IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above. APPROVED AS TO FORM: By: JeltBaflinger City Attorney f7:?NIjIQ111 By:�� Name: -ig .,x�\ s . CLoss7 Title: CITY OF PALM SPRINGS By: rj&% J „r4; y City Manager APPROVED BY Cr Y COUNCIL tol30)22 1.0.(I3uo5z) Aj271 EXHIBIT A Approved Use of Funds (Attachment Behind This Page) A-1 Description of Project The Friends of the Palm Springs Animal Shelter ("Friends") is a non-profit 501(c)(3) organization that manages and operates our city's animal shelter ("Shelter"). Our Shelter is an open admissions, municipal shelter, operating under a progressive, humane philosophy. We are the only public no -kill shelter in the Valley. The Friends was formed in 1996, dedicated to replacing the City's high -kill shelter. After years of work, the Friends raised sufficient funds to help build a multi -million dollar state of the art animal shelter. We began managing and operating the Shelter under contract with the City on November 1, 2012. Since that time, we have developed innovative new programs to help lost and stray pets. We have established an in-house medical department, resulting in substantial cost savings in the provision of medical and dental care for our shelter pets. Our Pet Food Bank provides seniors and the disabled with food and supplies, delivered through collaborations with local meals -on -wheels programs. Through our Fix a Friend low-cost/no cost program, we work diligently to ensure that all pets are spayed or neutered, helping to reduce the numbers of homeless pets in Palm Springs. Our Trap Neuter Release team is working to reduce and manage the community cat population in our city. We offer weekly low-cost vaccine and microchip clinics at the Shelter, as well as additional resources to help residents care for their fury family members. As of November 2021, the Shelter has 91 dogs in residence. Unfortunately, the deterioration in a dog's mental health, even in the best of shelters, is well -documented. To support our canines, and keep them adoptable, we provide a number of enrichment programs, the most important of which is the simplest: a walk or play group 3 times a day. This vital function is provided almost exclusively by our 375 active volunteers. Our volunteers are seniors, teenagers, gay and straight, and come from the entire Palm Springs community. Central to our enrichment programs are our canine pens. We have five pens, three in back of the Shelter, two in front. Unfortunately, the 2 pens in front of the Shelter are on the west side of the building and have no shade which, because of the sun and heat, makes them completely unusable from June to October. These pens also serve as vital meet and greet areas, where potential adopters can interact with our shelter dogs to help determine if the dog is a good fit for them and their lifestyle. Additionally, many dogs are "dog -selective, meaning they get along well with particular dogs but not others. These pens are utilized to help determine compatibility between our shelter dogs and potential adopter's dogs. The inability to use these two pens for half of the year due to the intense heat and sun negatively impacts adoptions and limits the amount of exercise our shelter dogs receive. Installing large shade structures to these pens that would extend to the perimeter would also provide comfortable areas for our staff, volunteers and visitors to sit and relax, nestled in our beautiful native garden, soaking up the view of the San Jacinto Mountains. The Palm Springs Animal Shelter has become a popular destination for both residents and tourists. Local animal lovers as well as pet lovers from around the globe visit the shelter to learn more about our organization and to interact with our shelter pets. In addition, behind the shelter is a large open space used by staff and volunteers to clean kennels, cages, cat trees and other items, and to prepare for animal transports. This area is black asphalt and is dangerously hot in the summer months. Having a shade structure in this critical operational area would allow us to safely use this area in the warmer months throughout the day, rather than just in the early morning and evening hours. The purpose of this request is for funding to provide three permanent, high -quality shade structures for the two pens up front and the working space in back, so that we can use these spaces during the hot late spring, summer, and early fall months. The structures cost approximately $30,000 each, including installation, so we are requesting a total of $90,000.' Thank you for your consideration. These amounts are based on the proposals for shade structures by USA Shade & Fabric Structures in 2020 for Ruth Hardy Park and the Pavilion Way Ball Field. From: Taney. Roger To: Eyelet Beltran: Tamara Hedoes Subject: Application for Measure I Funds from the Friends of the PS Animal Shelter Date: Thursday, December 2, 2021 1:13:40 PM Attachments: MeasurelCommunity1nitiated.odf Description of Proiect.dm NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Ms. Beltran: Attached please find your Measure J application form as well as a Description of the Project from the Friends of the Palm Springs Animal S4elter. Thank you for your attention to our application, and if you need any further information, please do not hesitate to contact me. Can you confirm that you have received our documents? Sincerely yours, Roger Tansey Member, Board of Directors Friends of the Palm Springs Animal Shelter CITY OF PALM SPRINGS tr, MEASURE J COMMUNITY INITIATED JPROJECTS APPLICATION FORM MEASUREI Name of Applicant: Friends of the Palm Springs Animal Shelter Date Submitted: December 1, 2021 Applicant Type: ❑ Individual ❑ Business 91 Organization (non-profit) ❑ Neighborhood Are you a 501c(3) Organization? Tell us about your project: ❑ Organization ❑ City Commission ❑ City Department ® Yes. If yes, provide IRS ID# 33-0731853 ❑ No. 1. Does this project improve...? (check all that apply) ❑ the economy ❑ museums, public art ❑ tourism ❑ health services ❑ music programs ❑ traffic ❑ business community ® park/recreation facilities ❑ the environment ❑ educational services ❑ historic preservation ❑ special events 13 government services ❑ streets/roads ❑ technology ❑ police/fire/emergency ❑ downtown enhancements ❑ nature and hiking trails services 2. What demographic(s) does this project serve? (check all that apply) ❑ seniors ❑ bicyclists ❑ preschool children 91 LGBTQ+ ❑ elementary school aged children ❑ large commercial businesses 91 preteens/teens ❑ hotels/motels ® high school children ® animals IN entire Palm Springs community ❑ marijuana industry ❑ tourists ❑ disabled ❑ college students ❑ commuters(bus/train) ❑ retail and small businesses ❑ Agua Caliente Band of Cahuilla Indians 3. Estimated project cost: $90, 000 .00 4. On a separate sheet of paper, write a short description of your proposed project. (Remember the 5 W's, Who?, What?, When?, Where?, Why?) Applicant's information: (This information will not be provided to the evaluators; it will be used to contact the applicant if more information is needed or to coordinate with you if your project is invited to be presented to the Measure J Commission at one of their meetings) Name of Contact Person: Roger Tansey Contact Person's Phone Number: 760-641-2125 Contact Person's Email Address: RTansey@PSAnima1She1ter. org Evaluation Criteria: The Measure J Commissioners will evaluate projects by asking the following nine questions and use their subjective judgement to score them as follows: • If the answer is "no" — score 0 points • If the answer is "marginally" — score 1 or 2 points • If the answer is "somewhat" — score 3, 4, or 5 points • If the answer is "totally" — score 6 points 1. Does this project make Palm Springs a safe, desirable place to live, work, and visit? 2. Does this project benefit the majority of residents, guests, and/or tourists in our City? 3. Does this project improve the health and safety of our residents of Palm Springs? 4. Does this project promote the growth of tourism in the City? 5. Does this project provide a benefit to the community over a long period, or can the project be used over a long period of time? 6. Does the project provide a positive return on investment to the City of Palm Springs? 7. Does the project create jobs in the City of Palm Springs? 8. Is this project sustainable? 9. Is this project green? Scores will be totaled and divided by the number of evaluators to get an average score. From Palm Springs Animal Shelter 4575 East Mesquite Ave Palm Springs, CA 92264 To City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 FRIENDS OF THE PALM SPRINGS ANIMAL SHELTER INVOICE Invoice # 0000001 Invoice Date 1 10/25/2022 Due Date 10/25/2022 - Measure J Shade Structure funding 130500.00 (. 0.00 New Line Notes 1.00 130500.00 0.00 0.00 Subtotal Total Amount Paid Balance Due 130500.00 130500.00 0.00 $130500.00 City of Palm Springs Measure J Approved Community Initiated Projects BudgetFY22-23 Approved Projects 1 Drainage at the boys and Girls Club $ 72,500 2 Shade Structure over the playground at Victoria Park 58,000 3 Fencing between the Pool and Pavillion 87,000 4 Repair Exixting Exercise Equipment at Desert Highland Park 32,625 5 Add 4 New Pieces of Exercise Equipment at Desert Highland Park 71,775 6 Hiking Trail Maintenance and Trailhead Signage 145,000 7 Shade Structures at Animal Shelter 130,500 8 Demuth Dog Park Upgrades to address immediate needs 362,500 9 Resurfacing the Walking Path at Desert Highland Park 72,500 10 Swim Center Locker Rooms 145,000 11 Palm Canyon Theatre Maintenance Repairs 280,575 12 Visitor Center Up Lighting 43,500 13 Wellness Centers and Local Schools (4 schools) 100,000 14 School Gardens at Local Schools (4 schools) 80,000 Total Allocated $ 1,681,475 Total Adopted Budget $ 3,000,000 Available Balance $ (1,318,525) Check issued 9/15/22 Check issued 9/15/22