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HomeMy WebLinkAbout1D OCR CITY COUNCIL STAFF REPORT DATE: JUNE 5, 2023 CONSENT CALENDAR SUBJECT: APPROVAL OF AMENDMENT NO. 6 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 7 FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT FROM: Scott C. Stiles, City Manager BY: Department of Aviation SUMMARY: This item will approve Amendment No. 6 to the existing car rental concession agreements at the Palm Springs International Airport (Airport), and Amendment No. 7 for Avis-Budget. The Agreement amendments will extend the term by 12 months from July 1, 2023 through June 30, 2024, with two one-year extension options and will adjust certain fixed rent charges. RECOMMENDATION: 1) Approve Amendment No. 6 and Avis-Budget Amendment No. 7 (Attachment A) to all Airport rental car concession agreements doing business as eight car rental agencies at PSP which include: • Avis/Budget Car Rental, LLC (Amendment No. 7) • The Hertz Corporation (Amendment No.6) • Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 6) • Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 6) • DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 6) 2) Authorize the City Manager or his designee to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: A copy of the Public Integrity Disclosure Form for each of the rental car companies is included as Attachment B. Item 1D - Page 1 City Council Staff Report June 5, 2023 – Page 2 Amendments to Airport Car Rental Concessions Agreements BACKGROUND: The original Rental Car Agreements were approved after a Public Bid in 2011 with an original term that expired June 30, 2014. At City staff’s request, the City Council approved four subsequent term extensions, as follows: • Amendment No. 1 extended the term through June 30, 2017 • Amendment No. 2 extended the term through June 30, 2020 • Amendment No. 3 extended the term through June 30, 2021 • Amendment No. 4 extended the term through June 30, 2022 • Amendment No. 5 extended the term through June 30, 2023 Historically, the car rental concession program at the Airport has been the largest of all Airport revenue sources. Due to record passenger traffic in 2019, the number of rental transactions generated record amounts of revenue for the car rental companies. However, COVID-19’s impact to the travel and tourism industry resulted in an unprecedented drop in airline passenger traffic at the Airport in 2020 which significantly impacted the car rental concessions through mid-2021, as evidenced in the drop of car rental transactions and gross receipts. It was during that period that the Minimum Annual Guarantee (MAG) was waived. While traffic and gross revenues have increased in 2021, they remain below 2019 levels. Calendar Year Total Passengers Transactions Gross Receipts 2019 2,593,955 259,028 $74,399,672 2020 1,252,094 138,373 $44,692,255 2021 2,092,943 174,960 $70,657,398 2022 2,981,844 277,405 $104,149,629 The primary customers for airport car rental companies are deplaning passengers, who are approximately 50% of an airport’s total passengers. STAFF ANALYSIS: Airport staff and the car rental companies agreed to extend the length of the term by 12 months, from July 1, 2023 through June 30, 2024, with two one-year extension options. Airport staff agrees to continue to abate the Minimum Annual Guarantee (MAG) through June 30, 2024, and any further MAG waiving will be evaluated upon the exercise of each of the extension options. The rental car companies will pay the 10% of actual gross revenues which Airport Staff estimates would exceed the MAG over the entire Fiscal Year 2023-24. Item 1D - Page 2 City Council Staff Report June 5, 2023 – Page 3 Amendments to Airport Car Rental Concessions Agreements Term Extension (12 Months with two one-year extension options) The Airport intends to initiate a solicitation process during Fiscal Year 2024-25, providing an opportunity for other concessionaires to enter the Palm Springs International Airport (PSP) market. While the completion of the consolidated car rental facility (CONRAC) is still years away, the Airport aims to ensure fairness and reasonableness in allowing new entrants into the PSP market. Therefore, it is recommended to extend the current term by an additional 12 months, with two one-year extension options, at the discretion of the City. The extension of 12 months will enable the Airport to assess potential longer-term agreements and consider releasing a new competitive bid in a more informed manner. It will also contribute to a stronger car rental industry that can effectively respond to a bid if issued by the City. Furthermore, this extension will allow the City staff to proceed with conceptual planning for the consolidated car rental facility, which is still several years away from completion. By prioritizing fairness and ensuring a reasonable opportunity for new entrants, the Airport aims to create an environment conducive to a thriving PSP market. CPI Increase According to the Rental Car Agreements, Section 5.3 D, facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. On April 27, 2023, the City Council approved the Airport Use and Lease Agreement (AULA) with the Signatory Airlines which changed the Airports ratemaking methodology from a residual agreement to Hybrid methodology. The change resulted in the terminal rates for all terminal operations to increase, to allow the Airport the ability to be self- sustaining. The terminal rates will be calculated on an annual basis and effective July 1 of each subsequent year. The Rental Car Agreements require modification to reflect the change in terminal rates as outlined by the AULA. In addition, the Rental Car Agreements allow for an adjustment to all other charges including; service facilities, ready return spaces and overflow parking spaces to increase according to the Consumer Price Index (CPI). The new terminal rates and facility rates are adjusted to reflect CPI increases as of July 1, 2023 as shown below. Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day ALIGNMENT WITH STRATEGIC PLANNING: N/A. Item 1D - Page 3 City Council Staff Report June 5, 2023 – Page 4 Amendments to Airport Car Rental Concessions Agreements FISCAL IMPACT: This action should result in Airport Revenues of approximately $11,944,780 from car rental gross revenue and $1,816,290 for leased space and other fees, for a total of $13,761,070 in Fiscal Year 2023-24. REVIEWED BY: Department Director: Harry Barrett Jr. City Attorney: Geremy Holm City Manager: Scott Stiles ATTACHMENTS: A. Car Rental Lease Amendments No. 6 (Avis-Budget No. 7) B. Public Integrity Disclosure Forms Item 1D - Page 4 ATTACHMENT A CAR RENTAL LEASE AMENDMENTS NO. 6 (AVIS-BUDGET NO. 7) Item 1D - Page 5 Avis-Budget Amdt No. 7 - Page 1 AMENDMENT NO. 7 TO OPERATING AND LEASE AGREEMENT A6110 AVIS BUDGET CAR RENTAL, LLC FOR OPERATION OF A CAR RENTAL CONCESSION AT PALM SPRINGS INTERNATIONAL AIRPORT This AMENDMENT No. 7 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6110, (“Agreement”), is made and entered into this 1st day of July, 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and AVIS BUDGET CAR RENTAL, LLC, a Delaware limited liability company, doing business as AVIS RENT A CAR SYSTEM, LLC and BUDGET RENT A CAR SYSTEM, INC. (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 6 Sylvan Way, Parsippany, New Jersey, 07054. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”. RECITALS WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective January 1, 2016, City and Tenant entered into that certain Amendment No. 2 to lease 130 square feet of customer counter space on a seasonal basis through April 30, 2016, and from January 1, 2017, through April 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year through June 30, 2024, pursuant to City’s first extension option, and to increase Item 1D - Page 6 Avis-Budget Amdt No. 7 - Page 2 certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 7. AGREEMENT NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows: Term: Extend the term for one additional year, commencing on July 1, 2023, through June 30, 2024, with two additional one-year optional extensions remaining. Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement. Lease Rates: Rental Car Service Counter Area. Tenant shall pay to the City annual rental fees for the use and occupancy of its assigned Terminal Area Rental Car Service Counter Space consisting of ticket counter space, ticket counter customer queueing, and office space (“Terminal Area Rental Car Service Counter Rent”). The annual Terminal Area Rental Car Service Counter Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. Terminal Rental Car Service Counter Rent is due and payable in equal monthly installments by the tenth of each month. This paragraph replaces the provisions regarding the calculation of the Customer Service Counter rental rate outlined in Section 5.03 (B) of the Agreement. Pursuant to Section 5.03 (D), facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. According to the CPI for All Urban Consumers (CPI-U) for Riverside-San Bernardino-Ontario, based on the months of March of the previous and current year, the annual space rent shall be adjusted as follows effective July 1, 2023: Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day Item 1D - Page 7 Avis-Budget Amdt No. 7 - Page 3 Covenant Against Discrimination: In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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. Full Force and Effect: Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect. Corporate Authority: The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURE PAGE FOLLOWS) Item 1D - Page 8 Avis-Budget Amdt No. 7 – Page 4 SIGNATURE PAGE TO AMENDMENT NO. 7 TO AGREEMENT A6110 BY AND BETWEEN THE CITY OF PALM SPRINGS AND AVIS BUDGET CAR RENTAL, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. TENANT: By:____________________________ By: ____________________________ Signature Signature Name: Name: Title: Title: Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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 Item 1D - Page 9 Hertz – Amdt No. 6 – Page 1 AMENDMENT NO. 6 TO OPERATING AND LEASE AGREEMENT A6111 THE HERTZ CORPORATION FOR OPERATION OF A CAR RENTAL CONCESSION AT PALM SPRINGS INTERNATIONAL AIRPORT This AMENDMENT No. 6 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6111, (“Agreement”), is made and entered into this 1st day of July, 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and THE HERTZ CORPORATION, a Delaware corporation, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”. RECITALS WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 6. Item 1D - Page 10 Hertz – Amdt No. 6 – Page 2 AGREEMENT NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows: Term: Extend the term for one additional year, commencing on July 1, 2023, through June 30, 2024, with two one-year optional extensions remaining. Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement. Lease Rates: Rental Car Service Counter Area. Tenant shall pay to the City annual rental fees for the use and occupancy of its assigned Terminal Area Rental Car Service Counter Space consisting of ticket counter space, ticket counter customer queueing, and office space (“Terminal Area Rental Car Service Counter Rent”). The annual Terminal Area Rental Car Service Counter Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. Terminal Area Rental Car Service Counter Rent is due and payable in equal monthly installments by the tenth of each month. This paragraph replaces the provisions regarding the calculation of the Customer Service Counter rental rate outlined in Section 5.03 (B) of the Agreement. Pursuant to Section 5.03 (D), facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. According to the CPI for All Urban Consumers (CPI-U) for Riverside-San Bernardino-Ontario, based on the months of March of the previous and current year, the annual space rent shall be adjusted as follows effective July 1, 2023: Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day Item 1D - Page 11 Hertz – Amdt No. 6 – Page 3 Covenant Against Discrimination: In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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. Full Force and Effect: Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect. Corporate Authority: The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURE PAGE FOLLOWS) Item 1D - Page 12 Hertz – Amdt No. 6 – Page 4 SIGNATURE PAGE TO AMENDMENT No. 6 TO AGREEMENT A6111 BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE HERTZ CORPORATION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. TENANT: By:____________________________ By: ____________________________ Signature Signature Name: Name: Title: Title: Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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 Item 1D - Page 13 Enterprise Rent-a-Car Amdt No. 6 - Page 1 AMENDMENT NO. 6 TO OPERATING AND LEASE AGREEMENT A6112 ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL FOR OPERATION OF A CAR RENTAL CONCESSIONAT PALM SPRINGS INTERNATIONAL AIRPORT This AMENDMENT No. 6 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6112, (“Agreement”), is made and entered into this 1st day of July, 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC, a Delaware limited liability company, doing business as ALAMO RENT A CAR AND NATIONAL CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868.City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”. RECITALS WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 6. Item 1D - Page 14 Enterprise Rent-a-Car Amdt No. 6 - Page 2 AGREEMENT NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows: Term: Extend the term for one additional year, commencing on July 1, 2023, through June 30, 2024, with two one-year optional extensions remaining. Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement. Lease Rates: Rental Car Service Counter Area. Tenant shall pay to the City annual rental fees for the use and occupancy of its assigned Terminal Area Rental Car Service Counter Space consisting of ticket counter space, ticket counter customer queueing, and office space (“Terminal Area Rental Car Service Counter Rent”). The annual Terminal Area Rental Car Service Counter Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. Terminal Area Rental Car Service Counter Rent is due and payable in equal monthly installments by the tenth of each month. This paragraph replaces the provisions regarding the calculation of the Customer Service Counter rental rate outlined in Section 5.03 (B) of the Agreement. Pursuant to Section 5.03 (D), facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. According to the CPI for All Urban Consumers (CPI-U) for Riverside-San Bernardino-Ontario, based on the months of March of the previous and current year, the annual space rent shall be adjusted as follows effective July 1, 2023: Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day Item 1D - Page 15 Enterprise Rent-a-Car Amdt No. 6 - Page 3 Covenant Against Discrimination: In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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. Full Force and Effect: Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect. Corporate Authority: The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURE PAGE FOLLOWS) Item 1D - Page 16 DTG-Dollar-Thrifty Amdt No. 6 – Page 4 SIGNATURE PAGE TO AMENDMENT NO. 6 TO AGREEMENT A6112 BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC DBA ALAMO RENT A CAR AND NATIONAL CAR RENTAL IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. TENANT: By:____________________________ By: ____________________________ Signature Signature Name: Name: Title: Title: Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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 Item 1D - Page 17 Enterprise – Amdt. No. 6 - Page 1 of 4 AMENDMENT NO. 6 TO OPERATING AND LEASE AGREEMENT A6113 ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC DBA ENTERPRISE RENT A CAR FOR OPERATION OF A CAR RENTAL CONCESSION AT PALM SPRINGS INTERNATIONAL AIRPORT This AMENDMENT No. 6 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6113, (“Agreement”) is made and entered into this 1st day of July, 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, and ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, a Delaware limited liability company, dba ENTERPRISE RENT A CAR, (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 333 City Blvd West, Suite 1000, Orange, California, 92868. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”. RECITALS WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 6. Item 1D - Page 18 Enterprise – Amdt. No. 6 - Page 2 of 4 AGREEMENT NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows: Term: Extend the term for one additional year, commencing on July 1, 2023, through June 30, 2024, with two one-year optional extensions remaining. Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement. Lease Rates: Rental Car Service Counter Area. Tenant shall pay to the City annual rental fees for the use and occupancy of its assigned Terminal Area Rental Car Service Counter Space consisting of ticket counter space, ticket counter customer queueing, and office space (“Terminal Area Rental Car Service Counter Rent”). The annual Terminal Area Rental Car Service Counter Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. Terminal Area Rental Car Service Counter Rent is due and payable in equal monthly installments by the tenth of each month. This paragraph replaces the provisions regarding the calculation of the Customer Service Counter rental rate outlined in Section 5.03 (B) of the Agreement. Pursuant to Section 5.03 (D), facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. According to the CPI for All Urban Consumers (CPI-U) for Riverside-San Bernardino-Ontario, based on the months of March of the previous and current year, the annual space rent shall be adjusted as follows effective July 1, 2023: Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day Item 1D - Page 19 Enterprise – Amdt. No. 6 - Page 3 of 4 Covenant Against Discrimination: In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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. Full Force and Effect: Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect. Corporate Authority: The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURE PAGE FOLLOWS) Item 1D - Page 20 Enterprise – Amdt. No. 6 - Page 4 of 4 SIGNATURE PAGE TO AMENDMENT NO. 6 TO AGREEMENT A6113 BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC DBA ENTERPRISE RENT A CAR IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date stated below. TENANT: By: _____________________________ By: __________________________ Signature Signature Name: ___________________________ Name: _______________________ Title: ____________________________ Title: _________________________ Date: ____________________________ Date: ________________________ Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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 Item 1D - Page 21 DTG-Dollar-Thrifty Amdt No. 6 - Page 1 AMENDMENT NO. 6 TO OPERATING AND LEASE AGREEMENT A6114 DTG OPERATIONS, INC. DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL FOR OPERATION OF A CAR RENTAL CONCESSION AT PALM SPRINGS INTERNATIONAL AIRPORT This AMENDMENT No. 6 to that certain NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT No. A6114, (“Agreement”), is made and entered into this 1st day of July, 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”), and DTG OPERATIONS, INC. an Oklahoma corporation, doing business as DOLLAR RENT A CAR and THRIFTY CAR RENTAL (“Tenant”), having its usual place of business at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, and a permanent mailing address at 8501 Williams Road, Estero, Florida, 33928. City and Tenant may hereinafter be referred to individually as a “Party” and collectively as “Parties”. RECITALS WHEREAS, effective July 1, 2011, City and Tenant entered into the Agreement for Tenant’s lease and operation at Palm Springs International Airport (“Airport”), as more specifically described in the Agreement; and WHEREAS, effective July 1, 2014, City and Tenant entered into that certain Amendment No. 1 to extend the term from July 1, 2014, through June 30, 2017; and WHEREAS, effective June 21, 2017, City and Tenant entered into that certain Amendment No. 2 to extend the term from July 1, 2017, through June 30, 2020; and WHEREAS, effective July 1, 2020, City and Tenant entered into that certain Amendment No. 3 to extend the term from July 1, 2020, through June 30, 2021; and WHEREAS, effective July 1, 2021, City and Tenant entered into that certain Amendment No. 4 to extend the term from July 1, 2021, through June 30, 2022; and WHEREAS, effective July 1, 2022, City and Tenant entered into that certain Amendment No. 5 to extend the term from July 1, 2022, through June 30, 2023, subject to two additional one-year optional extensions to be exercised at the City’s sole discretion, and to increase certain fixed rent charges as specified in the Agreement. WHEREAS, the Parties wish to amend the Agreement to extend the term by one year through June 30, 2024, pursuant to City’s first extension option, and to increase certain fixed rent charges as specified in the Agreement, as more specifically described herein this Amendment No. 6. Item 1D - Page 22 DTG-Dollar-Thrifty Amdt No. 6 - Page 2 AGREEMENT NOW THEREFORE, in consideration of the City’s covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Tenant mutually agree as follows: Term: Extend the term for one additional year, commencing on July 1, 2023, through June 30, 2024, with two one-year optional extensions remaining. Premises: Each rental car agency shall retain its existing rental location for customer ticketing and transactions, along with vehicle maintenance buildings and adjacent vehicle storage. Ready and return car spaces will be subject to existing terms and conditions of the Lease Agreement. Lease Rates: Rental Car Service Counter Area. Tenant shall pay to the City annual rental fees for the use and occupancy of its assigned Terminal Area Rental Car Service Counter Space consisting of ticket counter space, ticket counter customer queueing, and office space (“Terminal Area Rental Car Service Counter Rent”). The annual Terminal Area Rental Car Service Counter Area rental rate charged by the City shall be commensurate with the Signatory Airline Terminal Rental Rate as calculated by the City for each Fiscal Year during the Agreement. Terminal Area Rental Car Service Counter Rent is due and payable in equal monthly installments by the tenth of each month. This paragraph replaces the provisions regarding the calculation of the Customer Service Counter rental rate outlined in Section 5.03 (B) of the Agreement. Pursuant to Section 5.03 (D), facility rental rates are subject to a Consumer Price Index (CPI) adjustment each year on the anniversary date of the agreement. According to the CPI for All Urban Consumers (CPI-U) for Riverside-San Bernardino-Ontario, based on the months of March of the previous and current year, the annual space rent shall be adjusted as follows effective July 1, 2023: Current Rates Rates as of 7-1-23 Terminal Area $72.25 per sq. ft. $104.51 per sq. ft. Service Facilities $1.34 per sq. ft. $1.40 per sq. ft. Ready Return spaces $2,162.55 per space annually $2,262.03 per space annually Overflow Parking Spaces $2.32 per space per day $2.43 per space per day Item 1D - Page 23 DTG-Dollar-Thrifty Amdt No. 6 - Page 3 Covenant Against Discrimination: In connection with its performance under this Agreement, Tenant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each an “Impermissible Basis for Discrimination”). Tenant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any Impermissible Basis for Discrimination. Such actions shall include, but not be 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. Full Force and Effect: Except as expressly modified herein all other provisions of the Agreement, as previously amended, shall remain unmodified and in full force and effect. Corporate Authority: The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are dully authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of the Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. (SIGNATURE PAGE FOLLOWS) Item 1D - Page 24 DTG-Dollar-Thrifty Amdt No. 6 – Page 4 SIGNATURE PAGE TO AMENDMENT NO. 6 TO AGREEMENT A6114 BY AND BETWEEN THE CITY OF PALM SPRINGS AND DTG OPERATIONS, INC. DBA DOLLAR RENT A CAR and THRIFTY CAR RENTAL IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. TENANT: By:____________________________ By: ____________________________ Signature Signature Name: Name: Title: Title: Date: Date: Corporations require two signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. 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 Item 1D - Page 25 ATTACHMENT B PUBLIC INTEGRITY DISCLOSURE FORMS Item 1D - Page 26 1. 2. 3. 4. 5. Name of Entity PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM AVIS BUDGET CAR RENTAL, LLC Address of Entity (Principle Place of Business) 6 SYLVAN WAY, PARSIPPANY, NEW JERSEY, Local or California Address (if different than #2) 513 Eccles Avenue, South San Francisco, CA 94080 State where Entity is Registered with Secretary of State DELAWARE If other than California, is the Entity also registered in California? fxl Yes n No Type of Entity D Corporation [XI Limited Liability Company D Partnership D Trust D other (please specify) 6.Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity PLEASE SEE ATTACHED D Officer D Director D Member D Manager [name] D General Partner D Limited Partner □Other D Officer D Director D Member D Manager [name] D General Partner D Limited Partner □Other D Officer D Director D Member D Manager [name] D General Partner D Limited Partner □other CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM (Revised 09 13 18) Item 1D - Page 27 -~~~ t"4l1,011.ll't- I I ' - ' - ' - -- - / 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORR ECT. (Revised 09 13.18) Date CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM Item 1D - Page 28 Signature 5, Printed Name, Title Avis Budget Car Rental, LLC Date 06/01/2022 Company Profile Main Details Name: Avis Budget Car Rental, LLC QuickRef: AVISBUCARL Country: United States Region: Delaware Tax ID: 22-3475741 Incorporated: 04/29/1996 Company Type: Limited Liability Company Company Status: Active Dissolved: Primary Addresses Registered: 251 Little Falls Drive, Wilmington DE 19808, United States Primary: Parsippany, New Jersey, 07054 Accounting Dates Accounting Dates: Annointments Mar''lagEirilerlt Boi:ird 1-·• Last PefiOd End' ·• I Clitrerit Peridd End·;-j,·-LastEX.tended 'Name.,. .,-: -•-_,;• ::· _,; ·:,: �--,,,_-,:-_--<'···-;:,:::,.-;-::> :·<;'."_-·.•_:-: QuickRef l-POSition-0• Choi, Brian CHOI-B l Mana"ner Ferraro, Josenh Anthonv FERRARO-JA I Mana-ner Officers·<, i·i;c:<:<· -<�·-' -:>> \�-::;:c-,•:::-:<-'i'ci:;:::7?:-.-: .c::,.,-.i -·,:-:,:c:·: <<·' Ni.I.me QuiCkRef POsitiOn<:(·: Blaskey, David D. BLASKEY-DD Senior Vice President, Development and lntenration Calabria, David T. CALABRI-DT Senior Vice President Treasurer Choi, Brian CHOI-B Chief Financial Officer Coss, Tom COSS-T Car Sales Mananer DeGenova, Cathleen DEGENOVA-C Chief Accountina Officer Ferraro, Jos�h Anthon" FERRARO-JA Chief Executive Officer President, Americas Gall�her, Paul GALLAGHE-P Assistant Secretarv lnsall, Gerard INSALL-G Executive Vice President and Chief Information Officer Linnen, Edward P. LINNEN-EP Executive Vice President and Chief Human Resources Officer Martins, lzilda P. MARTINS-IP Executive Vice President, Americas Morrison, Anne MORRISON-A Vice President Muhs, Robert E. MUHS-RE Vice President and Assistant Secretarv Nierenbern, Gre,.,,., NIERENBE-G Vice President Palumbo, Jeannine PALUMBO-J Director, Tax Panicoe, Suzanne PANICOE-S Assistant Secretarv Sera, Jean Marie SERA-JM Senior Vice President General Counsel and Secretarv Other.PoSltio"ns·:: :-, Name· :_QllickRef P:Ositiori Blaske", David D. BLASKEY-DD Power of Attornev Koiffman, Mauro KOIFFMAN-M Power of Attornev Marsili, Massimo MARSILI-M Power of Attornev Muhs, Robert E. MUHS-RE Power of Attornev Sera, Jean Marie SERA-JM Power of Attorne" Other:sr,:;r1atories Name·.:i><<:_;:>.:::::·._ -.QulckRef Y POSiticin Bi�as, Bria;;et BIAGAS-B Authorized Sianatorv Blask�. David D. BLASKEY-DD Authorized SianatolV Brown, James BROWN-J 0001 Authorized Sianatorv camnbell, BIV It CAMPBELL-B Authorized Sianatorv CamMan, Dennis CORRIGAN-D Authorized SinnatO"'' Feelet/, Michael FEELEY-M Authorized SinnatO"'' Finkel, Lvnn B. FINKEL-LB Authorized SinnatO"'' Gall°anher, Paul GALLAGHE-P Authorized Sinnat□"'' Kinerk, Beth KINERK-B Authorized Sinnat□"'' Date 06/01/2022 Tax ID 22-3475741 I oiilte'd. __ l I 08/24/2020 I I 01/01/2020 I A"'-ointed; 07/03/2013 09/09/2015 08/07/2019 08/24/2020 09/04/2019 08/07/2019 01/01/2020 01/01/2015 03/27/2020 01/28/2015 01/28/2015 06/12/2020 03/29/2019 04/28/2006 01/01/2018 08/07/2019 12/01/2017 03/27/2020 03/27/2020 ,. , ·-.-n. ...... olnted· 03/19/2010 11/06/2013 11/14/2011 03/19/2010 03/27/2020 >1 ,a ...... ointed 04/19/2017 04/13/2016 05/22/2018 04/19/2017 05/22/2018 04/19/2017 05/22/2018 11/09/2018 05/22/2018 Item 1D - Page 29 Avis Budget Car Rental, LLC Date 06/01/2022 .othelSig·natories Nallle/f ';'--;<·,•.: ·ii ':,:,•>.·,i:::_::_",,";--;· ___ < -;::,:,:/·,.-:::_.::_ :,;:>:': -;::+::-> Kaines, Alan Macri, Donna Minnitte, Matthew Morrison, Anne Mueller, Hans Waldemar Muhs, Robert E. Orduna, Arthur Saperstein, Jessica Sera, Jean Marie Stark, David E. Tallarico, Lorraine Wriaht, Stephen Zamore, Neal Date 06/01/2022 Company Profile QuickRE!f:-i .POsitioll. KOINES-A Authorized Sianatorv MACRI-D Authorized Sianatorv MINNITTE-M Authorized Sianatorv MORRISON-A Authorized Sianatorv MUELLER-HW Authorized Sianatorv MUHS-RE Authorized Sionatorv ORDUNA-A Authorized Sionatorv SAPERSTE-J Authorized Sianatorv SERA-JM Authorized Sianatorv STARK-DE Authorized Sianatorv TALLARIC-L Authorized Sianatorv WRIGHT-S0001 Authorized Sianatorv ZAMORE-N Authorized Sionatorv ..... Tax ID 22-3475741 ointed- 05/12/2014 04/19/2017 02/28/2018 04/13/2016 08/03/2020 04/13/2016 12/12/2016 03/24/2017 03/27/2020 04/19/2017 04/19/2017 05/22/2018 09/10/2015 Item 1D - Page 30 Item 1D - Page 31PUBLIC INTEGRITY APPLICANT DISCLOSURE Name (Print last, first, middle Initial) E-mail Address Blum, Stephen A. (on behalf of The Hertz Corporation) Stephen.Blum@hertz.com Positionfrltle Senior Vice President, Real Estate and Facilities Address 8501 Williams Road, Estero, Florida 3328 Work Phone: 239-301-7794 Reporting Status Cell Phone: 781-389-6334 New Disclosure: X Update: Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a ·significant position with respect to that applicant" entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity. In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question. A "significant position" shall be defined as follows: i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization). A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following: 1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application; 3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application. Item 1D - Page 32Organization/ Type of organization: Ownership Interest: Position: No ff nclude the address, city and state where the longer he organization is located) held: 1 The Hertz Corporation, a Delaware corporation 100% owned by Sr. Vice Pres., 8501 Williams Road Hertz Global Holdings, Real Estate & F acil i ies Estero, FL 33928 Inc. 2 Please find attached a list of the Officers and Dir ectors of The Hertz Corporatic n. Our Board of Dire ~ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal approval of several changes. 3 4 5. 6. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. ISC OS ng Party,/;/_ / / ~4~z___ ae May 31, 2020 On the basis of Information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted In the "comments" box below. Comments: Signature and Title of Agency's Final Reviewing Official Item 1D - Page 33PUBLIC INTEGRITY APPLICANT DISCLOSURE Name (Print last, first, middle Initial) E-mail Address SCOTT CLEMMER Scott.C.Clemmer@ehl.com Position/Title VICE PRESIDENT/GENERAL MANAGER Address 333 CITY BLVD WEST, ST 1000, ORANGE, CA 92868 Work Phone: 657-221-4400 Reporting Status Cell Phone: New Disclosure: Update: Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity. In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question. A "significant position" shall be defined as follows: i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization). A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following: 1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application; 3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application. Item 1D - Page 34Organization/ Type of organization: Ownership Interest: Position: No f {nclude the address, city and state where the longer he organization is located) held: 1 ENTERPRISE HOLDINGS, INC. 100% 600 CORPORATE PARK DRIVE Sole Member ST. LOUIS, MO 63106 2 3 4 5. 6. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. On the basis of Information contained in this report, I conclude that the filer is In compliance with Palm Springs Municipal Code Section 2.60, except as noted In the "comments" box below. Comments: Signature and Title of Agency's Final Reviewing Official Item 1D - Page 35PUBLIC INTEGRITY APPLICANT DISCLOSURE Name (Print last, first, middle initial) E-mail Address Blum, Stephen A. (on behalf of DTG Operations, Inc.) Stephen.Blum@hertz.com Position/Title Vice President, Real Estate Address 8501 Williams Road, Estero, Florida 3328 Work Phone: 239-301-7794 Reporting Status Cell Phone: 781-389-6334 New Disclosure: x Update: Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity. In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question. A "significant position" shall be defined as follows: i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization). A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following: 1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application; 2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application; 3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars; 4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application. Item 1D - Page 36Organization/ Type of organization: Ownership Interest: Position: No f {nclude the address, city and state where the longer he organization is located) held: 1 DTG Operations, Inc., an Oklahoma corporatio, 100% owned by The Vice President, 8501 Williams Road Hertz Corporation Real Estate Estero, FL 33928 2 Please find attached a list of the Officers and Dir ectors of DTG Operations, Inc . Our Board of Direc ors must approve all changes, and we will submit an updated list at a later date sir ce we are awaiting formal aooroval of several changes. 3 4 5. 6. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. I Signature of Disclosing P~~ Date May 31, 2020 On the basis of information contained In this report, I conclude that the filer Is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below. Comments: Signature and Title of Agency's Final Reviewing Official Item 1D - Page 37DTG OPERATIONS, INC. LIST OF OFFICERS & DIRECTORS Nanter , ··i~'.::".D ;;~-~14_~;~ ,:,., · ~ .\S ... , '1tttle. 6.tf;l-;~fl/1( '"j ",ft1rt:::~:~· )Fi 'lff)'~" :f:~,,~~~ !~": il1tlf,.Bole ~ .:ti Jackson, Jamere Director Director Stone, Paul Director Director Arrington, Darren Vice President Officer Blum, Stephen A. Vice President, Real Estate Officer Bridges, Scott Vice President, Franchise Operations Officer Burns, John C. Vice President and Assistant Treasurer Officer Costello, Lesley Assistant Secretary Officer Drake, Julie Assistant Secretary Officer Drumright, Janet L. Assistant Secretary Officer Dubin, Clark Vice President, Insurance Officer Ergas, Tim Vice President, Sales Americas Officer Esper, R. Eric Vice President Officer Galainena, M David Vice President and General Counsel Officer Griffith Spence, Terai Assistant Secretary Officer Havis, Marc Vice President, Global Tax Officer Honor, Maurice Vice President Officer Jackson, Jamere Vice President, Finance Officer Jacobs, Susan Vice President, Brand Marketing Officer Johnson, Mark E. Vice President and Assistant Treasurer Officer Massengill, Scott Vice President and Treasurer Officer McEvily, Richard P. Vice President, Deputy General Counsel Officer McGinley, Dennis Assistant Secretary Officer Oates, Kennedy Vice President, Procurement and GCI Officer Potalivo, Matthew C Assistant Secretary Officer Powell, Shontra Vice President, Sales Strategy and Operations Officer Schloss, Adam R. Assistant Secretary Officer Sell, Monica Assistant Secretary Officer Item 1D - Page 38Silvan, Adam Assistant Secretary Officer Stone, Paul President Officer Stuart, Robert J. Vice President Officer Watson, Albert Assistant Secretary Officer Weinstein, Michael Vice President Officer White, Randall Vice President, Labor and Employment Law Officer Effective on May 28, 2020