Authorized Representative
160
1,024
24 Item 1I - 28
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be ___o._ % of the California workers' compensation premium otherwise due on such remuneration.
Person or Organization
CITY OF PALM SPRINGS
CHARTER CITY & MUNICIPAL CORP
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
Schedule
Job Description
The charge for this endorsement Is $ 250
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement la Issued aubaequent to preparation of the policy.) This endorsement, effective 04/25/2019
Policy No. EIG 2348769 03
at 12:01 AM standard time, forms a part of
Of the EMPLOYERS ASSURANCE CO.
Carrier Code 00919
Issued to BOWER BRUCE (AN INDIVIDUAL) Endorsement No.
Premium
//(/ /J �Countersigned at _________ on _____ By: ____ /f ___ �_· ______ Authorized Representative
WC040306
(Ed. 4-84) @ 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 25 Item 1I - 29
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION
CERTIFICATION
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 tenn 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.
Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition ( each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or tennination; 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 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
NAME OF CONTRACTOR/VENDOR: .1?/(l,<(1,1[: � If""Ve!'[J64{7DI'!{ NAME and TITLE of Authorized Representative:
(Print) ?Muw A-, &Wt;; ,e 6wB«ft5;WtJIIR tl1MJ4<-<fil
Signa
�
e of Authorized Representative:
(Sign) _,.,___� a (Date) lt/�r-?
26 Item 1I - 30
---------------------------------------------=-
flit.I -
�1Bte t-ann Mutual AUtomobile Insurance Company
900 Old River Road
Blllceistleld, CA 93311
AT2 006508 0009 A-1498 A
BOWER, BRUCE & ANITA
79291 SPALDING DR
BERMUDA DUNES CA 92203-1237
I I I 1111111111111111,," 11111111111 ul I 1111111, I I I• I 111 •I 11 II,,,, 1 Polley Number: 362 9989-813-55
Policy Period: August 13, 2019 to February 13, 2020
Vehlcle:-
2015 HONDA ACCORD
Principal Driver:
BRUCE BOWER
Your auto insurance rates are Impacted by the mileage your vehicle is driven. To ensure we've priced our insurance 9Qverage accurately based on the number of miles you
-dnvi,wifobla� valid b(jometerreaaings for this vehicle through a third party provider and/or from you. Annual
mileage was determined using this data and applied. Please contact your State Farm agent with questions.
Your policy has the Guaranteed Renewal Endorsement.
Policy Number: 362 9989-813-55
Prepared July 8, 2019
1004583
017890
&State Farm®
AUTO RENEWAL
PREMIUM PAID: $464.80
DO NOT PAY.
Your premium Is bl/led through the Stall Fann Payment Pl•n State Farm Payment Plan Number: 0353957012
Your State Farm Agent
JOHN FORD
Office: 760-564-0011
Address: 79440 CORPORA TE_ CTR DR STE 104
LA QUINTA, CA 92253-7243
ff}OU hM a new ordlfarent car, have added snydMrs, orh1N8 moved, plessecx,ntactyoursgem.
Thank you for choosing State Farm.
When you provide a check as payment, you authorize us
either to use information from your check to make a
u
one-time electronic fund transfer from your account or to prooess1heipayma,t ascroheok-tf!SrilsaotioR.-When we. use information from your check to make an eleob'onlc fund
transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your meek back from your financial institution.
Page number 1 of 5
1435e2 202 01-15-.1>18
It's What You Know.
·Your auto insurance premium is $464.80.
Did you know you may qualify for a discount?
Call State Farm• Agent JOHN FORD at 760-564-0011
to see how much you can save!
•Not all discounts are available in every state, and discount amounts may vary by state. TP22
27 Item 1I - 31
&StateFarmg
VEHICLE INFORMATION
Review your policy Information carefully. If anything is incorrect, or if th·ere are any changes to your vehicle information, please let us know right away.
Vehicle Deacrtptlon
Vehicle Identification
Number (VIN) Who principally drives this vehicle? How la this vehicle normally used? 2015 HONDA ACCORD
,. . ..... 1 HGCR2F59FA203088 BRUCE BOWER. a married male, v.tio will To W�rk, School or Pleasure. have 44 years of driving experience 'as' of
August 13, 2019.
Other Ho·usehold Vehlcle(s)
Your premium may be influenced.by other State-Farm
pohctes that currently insure the following .vehiole(s) in your household:
2007 FORD EXPED EL
2014FORO EXPED EL
The premium on the expiring policy term was based on over 7,500 miles per year.
The premium on the renewal policy term was based on
13,900 miles per year.
The premium for this renewal was determined using an
annual mileage this vehicle is expected to be driven that was developed from information we obtained or was
provided by you. The national average Is more than 121000 miles driven annually according to the U.S. Department of Transportation. Please oontact us if you expect your annual mileage to change over the next year.
DRIVER INFORMATION
Assigned Drtver(s)
The following driver(s) are assigned to the vehicle(s) on this policy.
Premium Adjustment
Each year, we review our medical payments and personal
injury protection coverages claim experience to determine the vehiclJ safety discount that is applied to each make and model. In addition, we review the oomprehensive, collision, bodily injury and property damage claim experience
annually to determine which makes and models have
earned decreases or Increases from State Farm,.s standard rates. If any changes result from our reviews, adjustments are reflec� in the rates shown on this renewal notice.
Name Driving Experience as of Marital
August 13, 2019 Gender Status
BRUCE BOWER 44years
Other Household Drlver(s)
In addition to the Principal Driver(s) and Assigned
Driver(s), your premium may be influenced by the
,. �-�five1i '19,n below and oth� indivi4uals permitted to · drive four vehicle. This list does not extend or expand coverage beyond that contained in this automobile
policy. The drivers listed below are the drivers reported to us that most frequenUy drive other vehicles in your
household.
AIMEE BOWER
ANITA BOWER
Policy Number: 382 9989-813-55
Prepared July 8, 2019
Male Married
Page number 2 of 5
28 Item 1I - 32
f-��-
Principal Driver & Assigned Drivers
For each automobile, the Principal Driver is the individual who most frequenUy drives It.
Each driver is designated as an Assigned Driver on the
household automobile that they most ftequenUy drive. Your &State Farm�
premium may be influenced by the information shown for
these drivers.
w
COVERAGE AND LIMITS See your policy for en explanation otthese coverages.
A Liability
Bodily Injury 100._000/300,000
Property Damage 100,000
C Medical Payments 25,000
D 250 Deductible C9f1lPT9hensive
G 250 Deductible Collision
u Uninsured Motor Vehicle
Bodily Injury 100,000fJOO,O00
U1
If any coverage you carry J&-ohaAged to give broader
protection with no additional premium charge, we will give DI SC OUNTS These adjustments hsve slreBdy been sppfled to your premium.
Multiple Line
Multicar
Vehicle Safety
Driving Safety Record
Other Available Dlscount{s)
You may be eligible for additional disoounts
See the enolosed insert for more information.
Mature Driver
SURCHARGES ANO DISCOUNTS
Driving Safety Record Rating Plan
Your driving safety record, along with other rating factors, determines �at you pay for Liability, Medical Payments, Policy Number: 362 9989-813-55
Prepared July 8, 2019
017891
$186.02
$28.64
$48.06
$161.95
$38.51
$1.62
you the broader protection .without issuing. a new policy 1 starting on the date we adopt the broader protection.
✓
✓
✓
✓
✓
(continue<! on next page)
Page number 3 of 5
29 Item 1I - 33
Comprehensive, Collision, and Uninsured Motor Vehicle
Coverages. Policyholders with no accidents and convictions pay less than those with accidents and convictions.
The Driving Safety Reoord Rate Level that is assigned to your policy moves up, down, or stays the same every policy renewal, depending upon your driving record. For every 12 months since the renewal following the occurrence of a
chargeable accident or the conviction of a minor violation, the initial assigned Driver Reoord.Level for that chargeable accident or conviction shall be lowered by 1 level. For each 12 month period since the conviction of a major violation, the Initial assigned Driver Record Level for that conviction shall be lowered by 2 levels. The Rate Level is Increased if there are subsequent chargeable accidents or convictions.
Definition of Chargeable Accidents
Chargeable accidents for new business are those which
resulte� In �fly injury or de�th or in payment(s) by an insurer due to damage to any property in the amount of
more than $1000. For aooidents occurring prior to
December 11, 2011, an accident shall be chargeable
provided It resulted in death or In payment(s) by an insurer
ADDITIONAL INFORMATION
If any information on this renewal notice is incomplete or inaccurate; or if you want to confirm the information we have in our records, please contact your agent. For additional Annual Mileage
&State Farm®
due to damage to any property in the amount of more than $750.
For applicants withqut prior insurance at the time of the accident, an accident shall be chargeable provided it
resulteq ir_t damage to any property in the amount of more than $1000 (more than $750 if the accident occurred prior to December 11, 2011 ).
Chargeable accidents for renewal business are those which resulted in bodily injury or death or State Farm olc3im payments totaling more than $1000 (more than $750 for
accidents occurring prior to December 11, 2011) under
property damage liability coverage and collision coverage combined.
For more information about the rating plan, please contact your State Farm agent.
Your Multiple Line Discount has increased. For additional information, please oontact your agent.
Superior Driver Rate Level
information regarding disoounts or coverages, see your
State Farm agent or visit statefarm.com®.
We want to tell you about a change to how your premium will be calculated. Beginning with this renewal, we will obtain odometer readings annually through a third party vendor to determine your annual mileage.
This eliminates the need for customer-provided odometer readings. When applicable, this new process replaced any previous mileage-based rating on your pof ioy.
If you have questions, please contact your State Farm agent Important Notice Regarding Your Premium
State Farm works hard to offer you the best combination of price, service, and protection. The amount you pay for automobile insurance is determined by many factors Including:
• The coverage you have
• Where you live
• The kind of oar you drive
• How the car is used
• Who drives the car
Any premium adjustment is reflected on this Auto Renewal. If you have any questions, please contact your agent.
Buying a new car? Remember to contact your agent!
When you buy an additional oar or one that replaces a car already on your policy, you need to report the change to your agent promptly. Even though the dealership you purchased the oar from may offer to notify your agent or insurance company, you, as the named insured, are responsible for reporting all changes to your auto policy. By contacting your agent, you oan help:
{continued on next page)
Policy Number: 362 9989-813-55 Paga number 4 of 5
Prepared July 8, 2019
30 Item 1I - 34
1. 2.
3. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
t? () 6
4. State where Entity is Registered with Secretary of State Nf>J f<e61 Si2:=�� - �D)i$ /.t..o/'/<.112!7)�
5. Type of Entity
D Corporation D Limited Liability Company D Partnership O Trust @ Other (P, ase specify) .s. �/'4 /L.
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff 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 _3,_{<u ____ t_,'.h: ___ - ___ & _____ �---=�..._· ________ D Officer O Director D Member O Manager (name]
(name]
D General Partner D Limited Partner
� Other (»W1:-x,/dv1WIJJ �
cer D Director D Member D Manager
0 General Partner D Limited Partner
□ Other ___________ _
________________ 0 Officer D Director D Member D Manager (Revised 09 13 18)
D General Partner D Limited Partner
□ Other ___________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
31 Item 1I - 35
If other than Califomia is the Enti No
/ .,(l'iame]
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
A.
[name of owner/investor)
B.
[name of owner/investor]
C.
D.
E.
50%, ABC COMPANY, Inc.
[percentage of beneficial inter st in entity
and name of en · ]
[percent e of beneficial interest in entity
nd name of entity)
[percentage of beneficial interest in entity
and name of entity)
(percentage of beneficial interest in entity
and name of enti ]
[percentage of beneficial interest in entity
and name of entity]
[name of owner/investor] (percentage of beneficial Interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date (Revised 09 13.18)
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
32 Item 1I - 36
e
ATTACHMENT 3
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT
SERVICE AGREEMENT – APPROVED 2019
Item 1I - 37
AMENDMENT NO
. 1
TO AGREEMENT
FOR CONTRACT SERVICES BETWEEN
CITY OF PALM SPRINGS
AND
BRUCE BOWER INVESTIGATIONS
This Amendment No. 1 (“Amendment”) to that certain Agreement for Contract Services between the City of Palm Springs and Bruce Bower Investigations (the “Agreement”) is made and entered into this ___ day of ____________, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Bruce Bower Investigations, a sole proprietorship (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. The City and Contractor previously entered into the Agreement for background and personnel investigation services , the term of which was set to expire on December 31, 2021.
B. Section 4.4 of the Agreement authorizes the Parties to extend the term by mutual written agreement.
C. The City and Contractor mutually desire to extend the term of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises in this Amendment, the Parties hereto agree to bind themselves as follows:
AGREEMENT
1. Extension of Term. Section 4.4 of the Agreement is hereby amended to read:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 36 months commencing on January 1, 2022, and ending on December 31, 2024, unless extended by mutual agreement of the parties.”
2. Applicability. This Amendment is attached to and made a part of the Agreement. In the event of any contradiction or inconsistency between the terms and provisions of this Amendment and the terms and provisions of the Agreement to which it is attached, the terms and provisions of this Amendment shall control and be interpreted in such a manner as to override any provision of the Agreement that would prevent the spirit and letter of the terms and provisions of this Amendment from being given full force and effect. All defined terms not specifically defined in this Amendment shall be given the same meaning as the defined terms in the Agreement. All other terms and conditions contained in the Agreement shall remain unchanged.
Item 1I - 38
3. Joint Authorship. This Amendment has been entered into as an act of free will, without duress, and no presumption of authorship shall attach to same, and any ambiguity in the terms and conditions of this Agreement shall not be attributed to one Party over the other.
4. Authority. The persons executing this Amendment on behalf of the Parties warrant that they are duly authorized to execute this Amendment on behalf of Parties and that by so executing this Amendment the Parties are formally bound to the provisions of this Amendment.
[SIGNATURES ON THE FOLLOWING PAGES]
Item 1I - 39
IN WITNES
S WHEREOF, the Parti es have executed this Amendment as of the date first written above.
CITY OF PALM SPRINGS,
a California Charter City
Bruce Bower Investigations,
a Sole Proprietorship
Justin Clifton, City Manager Bruce Bower, Owner/Qualified Manager ATTEST:
Anthony J. Mejia, City Clerk
APPROVED AS TO
FORM:
By:
Jeffrey S. Ballinger, City Attorney
Date:
Item 1I - 40
OP ID: MN
ACORD" CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/DD/YYYY)
� 04/20/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER �2�t�
cT
Michelle A Nowell Alliance Mgt. & Insurance Serv
355 Via Vera Cruz #7 ri:Jg
N
Jo Ext\: 760-471-7116 I r.e� Nol: 760-471-9378
CA AriWent/Broker Lie# 0737966
San arcos, CA 92078
Michelle A. Nowell
INSURED Bruce Bower Investigations
Bruce A Bower
PO Box 6914
La Quinta, CA 92248
COVERAGES CERTIFICATE NUMBER-
it1tJ�ss: [email protected]
�������:ID#: BOWER-2
INSURER(S) AFFORDING COVERAGE
INSURER A : Peleus Insurance Company
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
REVISION NUMBER-
NAIC#
34118
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ,<UU'-�u"" POLICY EFF POLICY EXP LTR ,..,.,., "'"'" POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY X X PKV0000431 04/08/2021 04/08/2022 - =:J CLAIMS-MADE 00 OCCUR -
X Errors & Omission
GEN'L AGGREGATE LIMIT APPLIES PER:
m POLICY n r,rR-r n LOC
AUTOMOBILE LIABILITY
t--
ANY AUTO -
ALL OWNED AUTOS -
SCHEDULED AUTOS
t--
HIRED AUTOS
t--
NON-OWNED AUTOS
t--
UMBRELLA LIAB
H
OCCUR
t--
EXCESS LIAB CLAIMS-MADE
DEDUCTIBLE
t--
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE □ OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Ci�. of Pf I.m S�rinjs, its officials, emfl�
t
ees, and a�tnts are named a�
Itona msu ed s res ects to wor rformed b e ab9ve na ed insured. f��iR,oyeragf t grimafroand nqn-confri utory, 30-0ay Notice of �ancellation r.n .aIv�r � rogat on applies.
nvestIgatIon, --
CERTIFICATE HOLDER CANCELLATION
LIMITS
EACH OCCURRENCE $ 1,000,000
U1'M1''->t: 1?tt:N I t:U
PREMISES Ea occurrence} $ 100,000
MED EXP (Any one person} $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 5,000,000
PRODUCTS - COMP/OP AGG $ 1,000,000
$
COMBINED SINGLE LIMIT $ (Ea accident)
BODILY INJURY (Per person} $
BODIL y INJURY (Per accident} $
PROPERTY DAMAGE
(PER ACCIDENT) $
$
EACH OCCURRENCE $
AGGREGATE $
$
$
,T�f STATU- I RY LIMITS IOTH-
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way
AUTHORIZED REPRESENTATIVE Palm Springs, CA 92262
�o.� I
© 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Item 1I - 41
h
I
~
l:MPLIJYER!i®
I
I Workers' Compensation and Employers Liability
Insurance Policy
EM PLOVERS ASSURANCE CO. Policy Number Policy Period From To A Stock Company EIG 2348769 05 04/25/2021 04/25/2022
I
12:01A.M. Standard Time at the address of the Insured as stated herein Transaction
RENEWAL DECLARATIONS
NCCI Carrier # 36870 WCIRB CARRIER# 00919 PRIOR POLICY NUMBER EIG234876904
1. Named Insured and Address Agent
BOWER BRUCE (AN INDIVIDUAL) VENTURE AGENCY HOLDINGS INC 0002822 OBA BRUCE BOWER INVESTIGATIONS 30555 SOUTHFIELD RD STE 305 PO BOX 6914 SOUTHFIELD, Ml 48076
LA QUINTA CA 92248
Telephone: 2482060900
Customer#
I
Carrier#
I
FEIN#
I
Risk ID#
I
Entity of Insured
36870 364725913 INDIVIDUAL
Additional Locations:
2. The Policy Period is from 04/25/2021 to 04/25/2022 12:01 a.m. Standard Time at the lnsured's mailing address.
3. A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Law of the states listed here: CA
B. Employers Liability Insurance: Part TWO of the policy applies to work in each state listed in Item 3A.
The limits of our liability under Part TWO are:
Bodily Injury by Accident $
Bodily Injury by Disease $
Bodily Injury by Disease $
1,000,000
1,000,000
1,000,000
each accident
policy limit
each employee
C. Other States Insurance: Part THREE of the policy applies to the states, if any, listed here:
All states except ND, OH, WA, WY and states listed in item 3.A.
D. This policy includes these endorsements and schedules: See attached schedule.
4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates, and Rating Plans.
All information required below is subject to verification and change by audit.
SEE EXTENSION OF INFORMATION PAGE
Minimum Premium $ 650
Assessments and Truces $
O This is a Three Year Fixed Rate Policy
Expense Constant
Premium Discount
Total Estimated AnnualPremium
Premium Adjustment Period: Ix) Annual; 0 Semiannual; 0 Quarterly; 0 Monthly Countersigned this Day of JfJJY
$
$
$
Issued Date: 03/16/2021 Authorized Representative
Issuing Office EMPLOYERS ASSURANCE CO.
500 NORTH BRAND BLVD., SUITE 700
GLENDALE, CA 91203-3916
Issued Date 03/16/2021
WC990630 (5/98 Ed.)
INSURED COPY
160
930
Item 1I - 42
.
I
IEMPLIJYER!T
WORKERS' COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY
Policy Number: EIG 2348769 05 EMPLOYERS ASSURANCE CO.
A Stock Company
500 NORTH BRAND BLVD., SUITE 700
GLENDALE, CA 91203-3916
Named Insured: BOWER BRUCE (AN INDIVIDUAL)
Agent: VENTURE AGENCY HOLDINGS INC
EXTENSION OF INFORMATION PAGE
CLASSIFICATION OF OPERATIONS
Code
No.
California
Classification Description
Rating Period: 04/25/2021 through 04/25/2022
Site 00001
7721 DETECTIVE OR PRIVATE INVESTIGATIVE AGENCIES
8810 CLERICAL OFFICE EMPLOYEES-N.O.C.
Site 00001 Total
Total of Sites for Rating Period
Rating Period Total
Rating Period: 04/25/2021 through 04/25/2022
0930
0900
0936
0935
0937
0938
0939
0940
0943
9741
WAIVER OF SUBROGATION
EXPENSE CONSTANT
STATE W.C. FRAUD ASSESSMENT
STATE W.C. ADMINISTRATIVE ASSESSMENT
CA INSURANCE GUARANTY
CA UNINSURED EMPLOYERS FUND
CA SUBSEQUENT INJURY FUND
OSHF ASSESSMENT
LABOR ENFORCEMENT & COMPLIANCE
CATASTROPHE PREMIUM
9740 TERRORISM PREMIUM
Rating Period Total
State Total
Policy Total
Issued Date 03/16/2021
WC990630 (5/98 Ed.)
INSURED COPY
Premium Basis
Total Est. Annual
Rate Per
$100 of
Remuneration Remuneration
7,500
24,000
895
895
895
895
895
895
895
31,500
31,500
5.210000
0.330000
0.004734
0.022646
0.000775
0.006579
0.002584
0.002272
0.020000
0.030000
$
$
$
$
$
$
0002822
Estimated
Annual
Premium
391.00
79.00 470.00
470.00
470.00
250.00
160.00
4.00 20.00
1.00 6.00
2.00 2.00
6.00 9.00
460.00
930.00
930.00
"' z
r-
0 0
.c:
(.)
..,
Item 1I - 43
l:MPLIJYERIT
EMPLOYERS ASSURANCE CO.
A Stock Company
500 NORTH BRAND BLVD., SUITE 700
GLENDALE, CA 91203-3916
State CA
BOWER BRUCE (AN INDIVIDUAL)
79291 SPALDING DRIVE
BERMUDA DUNES CA 92203
Issued Date: 03/16/2021
WC990410 (7/06 Ed.)
1 WORKERS' COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY
Policy Number: EIG 2348769 05
Named Insured: BOWER BRUCE (AN INDIVIDUAL)
Agent: VENTURE AGENCY HOLDINGS INC
SITE LOCATION SCHEDULE
INSURED COPY
0002822
Item 1I - 44
~
i .
' t
t
l:MPLIJVER!T
EMPLOYERS ASSURANCE CO.
A Stock Company
500 NORTH BRAND BLVD., SUITE 700
GLENDALE, CA 91203-3916
State Form Nbr.
CA wcooooooc
CA WC000406A
CA WC000419
CA WC000421E
CA WC000422C
CA WC040301D
CA WC040306
CA WC040310
CA WC040360B
CA WC040421
CA WC040422
CA WC040601A
CA WC990405A
Issued Date: 03/16/2021
WC990633 (5/98 Ed.)
Ed. Date
(1/15)
(7 /95)
(1/01)
(1/21)
(1/21)
(2/18)
(4/84)
(1/95)
(1/15)
(1/08)
(1/12)
(12/93)
(3/07)
WORKERS' COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY
Policy Number: EIG 2348769 05
Named Insured: BOWER BRUCE (AN INDIVIDUAL)
Agent: VENTURE AGENCY HOLDINGS INC
ENDORS8v1 ENT SCHEDULE
Description
WC/EL INS. POLICY FORM BOOKLET
PREMIUM DISCOUNT ENDORSEMENT
PREMIUM DUE DATE ENDORSEMENT
CATASTROPHE PREMIUM ENDORSE
TERRORISM RISK INSURANCE PROG
CA POLICY AMENDATORY END
CA WAIVER OUR RIGHT TO RECOVER
DUTY TO DEFEND
CA ELL AMENDATORY ENDORSEMENT
OPTIONAL PREM INCREASE ENDT
SHORT RATE PENALTY
CANCELLATION ENDORSEMENT
INSTALLMENT PAYMENT ENDORSE
INSURED COPY
0002822
C
C
C
� c
C
"
0 C
C
C
r
C
Item 1I - 45 _,.,n ", nl.: ai,:;. f:T ,N~::1t-rh007 N'B RB WORKERS COMPBIISATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS e.lDORSEMBIIT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be __Q_% of the California workers' compensation premium otherwise due on such remuneration.
Person or Organization
CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
CHARTER CITY AND MUNICIPAL COR
PALM SPRINGS CA 92262
The charge for this endorsement is$ 250
Schedule
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 04/25/2021
Policy No. EIG 2348769 05
at 12:01 AM standard time, forms a part of
Of the EMPLOYERS ASSURANCE CO.
Issued to BOWER BRUCE (AN INDIVIDUAL)
Premium
Carrier Code 00919
Countersigned at ___________ on _____ _ By:
WC 04 03 06
Endorsement No.
,f/!Jll
Authorized Representative
(Ed. 4-84) 0 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 0 .c
()
j..)
Item 1I - 46
~«.1.n•-M-00001%-0025-0006077 GLNBa 07 NB RB
J�
�
�::,._q"'"' •o f-
cn o
State Farm Mutual Automobile Insurance Company
PO Box 853919
Richardson, TX 75085-3919
AT2 012296 0009 A-1498 A
BOWER, BRUCE & ANITA
79291 SPALDING DR
BERMUDA DUNES CA 92203-1237
111• II I I 11 I 11111 I II
I I II 11 I 111 • 1111111 • 111
I
11111111111111I1111111
I
Policy Number: 362 9989-813-55A
Policy Period: August 13, 2021 to February 13, 2022
Vehicle:
2021 GMC CANYON
Principal Driver:
BRUCE BOWER
Your auto insurance rates are impacted by the mileage your vehicle is driven. To ensure we've priced our insurance coverage accurately based on the number of miles you
drive, we tried to obtain valid mileage information for this vehicle through a third party provider. We were unable to obtain odometer readings and have applied an average
annual mileage using information from a third party provider and some of your vehicle and policy characteristics. Please contact your State Farm agent with questions.
Policy Number: 362 9989-813-55A
Prepared July 7, 2021
1004583
StateFarme
AUTO RENEWAL
PREMIUM PAID: $520.49
DO NOT PAY.
Your premium is billed through the State Farm Payment Plan State Farm Payment Plan Number: 0353957012
Your State Farm Agent
JOHN FORD
Office: 760-564-0011
Address: 79440 CORPORATE CTR DR STE 104
LA QUINTA, CA 92253-7243
If ;ou have a new or different car, have added any drnters, or have moved, please contact ;our agent
Thank you for choosing State Farm.
Your policy has the Guaranteed Renewal Endorsement.
When you provide a check as payment, you authorize us
either to use information from your check to make a
one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund
transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution.
Page number 1 of 5
143562 202 01-15-2018
Thanks for being part
of our neighborhood.
You mean a lot to us. If you need anything,
call State Farm ® Agent John Ford at
760-564-0011.
LJ
TP31
Item 1I - 47
K�
�
Principal Driver & Assigned Drivers
For each automobile, the Principal Driver is the individual who most frequently drives it.
Each driver is designated as an Assigned Driver on the
household automobile that they most frequently drive. Your StateFarme
premium may be influenced by the information shown for
these drivers.
LJ
��
[;:; � .:. o COVERAGE AND LIMITS See your policy for an explanation of these coverages. (1)1:l A Liability
Bodily Injury 100,000/300,000
Property Damage 100,000
C Medical Payments 25,000
D 250 Deductible Comprehensive
G 250 Deductible Collision
u Uninsured Motor Vehicle
Bodily Injury 100,000/300,000
U1 Uninsured Motor Vehicle
Property Damage
Total Premium
If any coverage you carry is changed to give broader
protection with no additional premium charge, we will give DISCOUNTS These adjustments have already been applied to your premium.
Multiple Line
Multicar
Vehicle Safety
Driving Safety Record
California Good Driver
Loyalty
Total Discounts
Other Available Discount(s)
You may be eligible for additional discounts
See the enclosed insert for more information.
Mature Driver
SURCHARGES AND DISCOUNTS
Driving Safety Record Rating Plan
Your driving safety record, along with other rating factors, determines what you pay for Liability, Medical Payments, Policy Number: 362 9989-B13-55A
Prepared July 7, 2021
$163.34
$20.99
$62.67
$234.85
$37.08
f'
$1.56
$520.49
you the broader protection without issuing a new policy, starting on the date we adopt the broader protection.
✓
✓
✓
✓
✓
✓
$2,071.45
(continued on next page)
Page number 3 of 5
Item 1I - 48
State Farm·
Disclaimer: This message is provided for informational purposes only and does not grant any insurance coverage. The terms and conditions of coverage are set forth in your State Farm Car Policy booklet, the most recently issued Declarations Page, and any applicable endorsements.
Policy Number: 362 9989-B13-55A
Prepared July 7, 2021
Page number 5 of 5
LJ
Item 1I - 49
CITY COUNCIL STAFF REPORT
01/27/2022 1. J.
City Clerk -
SUBJECT
APPROVAL OF A PURCHASE ORDER TO HARRIS & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $90,500 FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR TRACT 13257 - PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT NO. 21-17
RECOMMENDATION:
Authorize a Purchase Order in an amount not to exceed $90,500 with Harris & Associates, Inc., pursuant to the City’s “on-call” agreement (A8411), for design, bid phase services, and construction phase services for Tract 13257 - Phase 4 Sewer Improvements, City Project No. 21-17 (the “Project”); and,
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: January 27, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF A PURCHASE ORDER TO HARRIS & ASSOCIATES, INC.
IN AN AMOUNT NOT TO EXCEED $9 0,500 FOR DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR T RACT 13257 - PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT NO. 21-17
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
Approval of this item will authorize Harris & Associates , Inc. (“ Harris”) our on-call Civil Engineering Consultant, to proceed with design, bid phase services, and construction phase services to extend the City’s sewage collection system. This sewer main extension will connect the remaining 22 residential units still on septic systems within Tract 13257 (Arnico Tract) to the City’s existing collection system and abandon the existing septic systems.
RECOMMENDATION:
1. Authorize a Purchase Order in an amount not to exceed $ 90,500 with Harris & Associates, Inc., pursuant to the City’s “on- call” agreement (A8 411), for design, bid phase services, and construction phase services for Tract 13257 - Phase 4 Sewer Improvements, City Project No. 21-17 (the “Project”); and,
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form submitted by Harris is included as Attachment A.
BACKGROUND:
On March 17, 2010, the City Council approved $266,000 of C ommunity Development Block Grant (C DBG) funds for the design of a sewer system for the Arnico Tract. The Arnico Tract was developed in the 1980’s within unincorporated Riverside County and all homes within the development were connected to septic systems. At the time, the estimated cost of the project was approximately $1,200,000. Funds to complete the entire Item 1J - 1
project were not available and Staff initiated a phased approach to the design and construction of the project.
In July of 2011, the City Council approved $630,000 of CDBG funds to construct phase one and two of the four-phase project. The project was publicly bid and the resulting bids to construct phase one and two exceeded the available CDBG funds. The project had to be modified and only a small segment of phase two was constructed, with no home connections or septic systems abandonment possible.
Between April of 2012 and March of 2013, Staff continued to explore different avenues to fund and construct the project. CDBG funds were limited and not available for the private on-site work that included home connections or septic system abandonment. The City Council approved $164,070 of Measure J funds to continue work and complete phase two and thr ee of the project . At the time, Staff indicated that funds for Phase 4 of the project were not available and recommended that future Measure J funds be set aside to complete the project.
STAFF ANALYSIS:
The sewer main extension will disconnect the last 22 homes of the Arnico Tract from their septic system and complete phase four of the project that was started in 2010.
On December 15, 2021, Harris submitted a formal proposal to the City to proceed with the project. This proposal includes construction management and support costs for a total not to exceed amount of $90,500. A copy of their proposal is included as Attachment B.
Staff in Engineering Services reviewed the proposal submitted by Harris and found their proposal qualified and complete. Staff recommends approval of a Purchase Order and the Notice to Proceed to Harris & Associates.
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The City is extending is sewage service. Therefore, Staff has determined that the Arnica Street Tract 13257 Phase 4, City Project No. 21-17, is considered categorically exempt from CEQA.
FISCAL IMPACT:
Sufficient funds are budgeted and available in the Wastewater Fund. Staff recommend the City Council approve an appropriation of $100,000 from the Wastewater Fund Balance (Fund 420) to cover the cost of design and associated staff costs.
Item 1J - 2
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Public Integrity Disclosure Form.
B. Harris proposal dated December 15, 2021.
Item 1J - 3
Attachment A
Item 1J - 4
Item 1J - 5
1. 2.
a.
4. 5.
Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Harris & Associates Inc.
Address of Entity (Principle Place of Business)
22 Executive Park, Suite 200, Irvine, CA 92612
Local or California Address (if different than #2)
State where Entity Is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No Type of Entity
Ix] Corporation D Limited Liablllty 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 Lisa Larrabee
[name]
Ix] Officer D Director D Member D Manager
D General Partner D Limited Partner
Other
Steve Winchester IX] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Ehab Gerges [x] Officer D Director D Member D Manager
[name]
n General Partner n Limited Partner
Harris & Associates, Inc. Attachments f
Item 1J - 6
Other
7. Owners/Investors with a 5% beneficial Interest in the Annlicant Entitv or a related entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entltvl
A. Harris & Associates, Inc. is a 100% Employee Stock
NIA Ownership Plan (ESOP) Corporation, therefore there
are no owners or investors with 5% beneficial interest
[name of owner/Investor] [percentage of beneficial interest In entity and name of entltvl
B.
[name of owner/Investor] [percentage of beneficial interest In entity and name of entltvl
C.
[name of owner/Investor] [percentage of beneficial interest In entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entltvl
E.
[name of owner/Investor] [percentage of beneficial Interest in entity and name of entltvl
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
@iil,,losing Party, Printed Name, Tffle
Ehab Gerges, PE, Chief Business Development Officer
Date
6/5/2019
Harris & Associates, Inc. Attachments g
Attachment B
Item 1J - 7
600 B Street, Suite 2000, San Diego, CA 92101 (619) 236-1778 www.WeAreHarris.com December 15, 2021
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
ARNICO STREET SEWER IMPROVEMENTS PROJECT PHASE 4
Dear Mr. Crider:
As requested on November 10, 2021 and discussed further on December 8, 2021, please accept this letter as our Proposal for the “Arnico Street Sewer Improvements Project Phase 4” (“the Project”).
The following outlines our project understanding and proposed Scope of Services along with our associated fees.
Assumptions and exclusions related to the Scope of Services are listed below for clarity.
PROJECT UNDERSTANDING
Tract 13257 is a residential neighborhood of eighty-seven (87) homes located south of East Via Escuela between North Whitewater Club Drive and Gene Autry Trail that was previously identified in a moderate-to-low income census tract area making public improvements in that neighborhood eligible for funding through the City of Palm Spring’s (“City”) Community Development Block Grant (CDBG) Program. Over several years, the City Council funded installation of sewer improvements in phases in this neighborhood with CDBG funds. However, after the 2010 Census, this residential area was no longer identified in an eligible income area allowing for use of CDBG funds, leaving the last phase (Phase 4) of homes on Arnico Street without sewer service. Phase 4 is comprised of twenty (20) homes.
The City has requested Harris & Associates (“Harris”) submit a Proposal to provide professional engineering, bid support, and engineering support during construction services to complete and deliver the Project, including coordination with private property owners and residents. Harris will produce Construction Contract Documents, support procurement of qualified Contractors to construct the Project, and provide engineering support during construction.
SCOPE OF SERVICES
1) Phase 1 – Project Management
a) Task 1.1 – Kick-Off Meeting
Harris will organize and lead the Project kick-off meeting with the City and any other necessary stakeholders. We will issue an Agenda and Meeting Minutes with action items for review by meeting attendees. b) Task 1.2 – General Project Management
Item 1J - 8
•• • Harris & Associates
I
Harris & Associates, Inc. Arnico Street Sewer Improvements Project Phase 4 2 of 5 This task includes working with the City, other stakeholders, performing scope management, cost management, schedule management, as-needed internal progress meetings, administrative duties (i.e. coordination, correspondence, invoicing, etc), and other miscellaneous activities required to execute the Project, but are not clearly listed below. c) Task 1.3 – Client Meetings
To keep the project moving forward and have open lines of communication, we will hold two (2) Client Meetings. The meetings will be virtual (Microsoft Teams). For these Client Meetings, Harris will prepare Agendas, coordinate meeting attendance, and issue Meeting Minutes to attendees.
d) Task 1.4 – Coordination with Homeowners
Harris will coordinate with the residential private property owners within the Project vicinity, including renters, making them aware of the upcoming construction activities. Although Harris has the individual property addresses, the City will be required to obtain the legal ownership data for all twenty (20) individual home owners and provide said data to Harris. e) Task 1.5 – Utility Coordination
Harris will coordinate with City to contact, via e-mail, and issue utility notifications to utility companies that have facilities within the Project vicinity making them aware of the upcoming construction activities and request copies of their maps, plans, and/or sketches of their existing and/or proposed facilities. The known potential utility owners or stakeholders are City, Verizon, Veolia Water North America, Desert Water Agency, Southern California Edison, Southern California Gas Company, and Time Warner Cable.
In addition to the written utility notifications, Harris will contact the utility companies by telephone to ensure that written notifications were received and being acted upon. Copies of submittals (i.e. Pre-Final and IFB) will be transmitted to affected utility companies to notify them of the upcoming construction activities, along with an estimated schedule. Harris will maintain a utility log tracking when and to whom notifications were sent and document the responses received. 2) Phase 2 – Preliminary Investigation
a) Task 2.1 – Data Gathering, Project Notifications (Stakeholders), Review of Material Harris staff will gather available record and other miscellaneous information from the City pertinent to the Project. Harris will develop our Project Notifications and issue those outreach documents to those affected. b) Task 2.2 – Site Visit and Field Review (In-Person)
Harris staff will conduct field investigations to confirm the existing conditions within the Project footprint, including understanding the most appropriate and cost-effective routes for individual residential replumbs. c) Task 2.3 – Confirmation of Previous Base Mapping (No New Survey) Harris will use the existing aerial topographic survey for the Project area, including the information gathered in Task 2.1 and Task 2.2. Harris staff will adjust and/or confirm the base mapping for Project. Base mapping information will include as- builts for existing water, storm drain, and sewer mains. It will also include dry utilities such as Verizon, Southern California Edison, Southern California Gas Company, and Time Warner Cable. d) Task 2.4 – Replumb Agreements (20 Individual Home Owners) Harris will support obtaining Replumb Agreements from the individual home owners, which is a contractual document that allows a physical disconnection from their existing septic tank systems and new connection with the City’ sanitary sewer system in public right-of-way. The Replumb Agreements will be a City-template or standard and will be provided to Harris without technical editing.
e) Task 2.5 – Permit to Work on Private Property Forms (20 Individual Home Owners) Item 1J - 9
Harris & Associates, Inc. Arnico Street Sewer Improvements Project Phase 4 3 of 5 Harris will support obtaining Permit to Work on Private Property Forms from the individual home owners, which is a contractual document that allows the Project’s Class A General Engineering Contractor to have a physical presence on their property, for a temporary basis, to perform the Work defined by the Construction Contract Documents, specifically the physical disconnection from their existing septic tank systems and new connection with the City’s sanitary sewer system in public right-of-way. The Permit to Work on Private Property Forms will be a City-template or standard and will be provided to Harris without technical editing.
3) Phase 3 – Pre-Final Submittal
a) Task 3.1 – Pre-Final Design Drawings and Task 3.2 – Pre-Final Replumb Design Details (20 Individual Private Properties)
Harris will produce pre-final design drawings as one (1) single set and anticipates the sheet index as follows:
1. Title Sheet
2. Notes/Abbreviations/Legend Sheet
3. Arnico Street Phase 4 Plan and Profile
4. Individual Residential Replumb Design Details 1
5. Individual Residential Replumb Design Details 2
6. Individual Residential Replumb Design Details 3
7. Individual Residential Replumb Design Details 4
Harris will prepare the pre-final design drawings in AutoCAD Civil 3D 2018. The full-size print size will be 24”x36”. b) Task 3.3 – Pre-Final Specifications
A complete technical specification package will be prepared and submitted for review and comment for the Project. c) Task 3.4 – Pre-Final Engineer's Opinion of Probable Construction Cost Harris will provide an engineer’s opinion of probable construction cost based on the pre-final design drawings and technical specifications for the Project.
d) Task 3.5 – Quality Control Review (Pre-Final)
Harris will perform Quality Control (QC) review of the Project’s formal deliverables to support high-quality technical deliverables as well as compliance with the Scope of Work. Internal checklists and sign-offs by Harris QA/QC team on deliverables is required before pre-final deliverables are issued to the City. 4) Phase 4 – Issued-For-Bid (IFB) Submittal
a) Task 4.1 – IFB Design Drawings and Task 4.2 – IFB Replumb Design Details Harris will incorporate, address, and document the responses to the pre-final review comments from the City, in addition to design progress, to prepare the issued-for-bid construction drawings. b) Task 4.3 – IFB Front-End Documents and Technical Specifications Harris will incorporate, address, and document the responses to the pre-final review comments from the City, in addition to design progress, to prepare the issued-for-bid construction technical specifications and front-end documents for purposes for competitive, public bidding with the general contractor community. c) Task 4.4 – IFB Engineer's Opinion of Probable Construction Cost An updated EOPCC will be provided based on the status of the project requirements and the development and refinement of the Construction Contract Documents.
d) Task 4.5 – Quality Control Review (IFB)
Item 1J - 10
Harris & Associates, Inc. Arnico Street Sewer Improvements Project Phase 4 4 of 5 Harris will perform Quality Control (QC) reviews of the Project’s formal deliverables to support high-quality technical deliverables as well as compliance with the Scope of Work. Internal checklists and sign-offs by Harris QA/QC team on deliverables is required before final deliverables are issued to the City. 5) Phase 5 – Bidding Assistance
The City shall be responsible for posting the bid documents (Construction Contract Documents) on electronic bid sites, and forwarding to building exchanges and any contractors. The City will control the bidding process by conducting a pre-bid meeting, collecting requests for information (RFIs), disseminating the RFI responses, and any addendums. a) Task 5.1 – Pre-Bid Meeting (In-Person)
Harris will organize and lead the Pre-Bid Meeting with the City and any plan holders and potential bidders. We will issue an Agenda and Meeting Minutes.
b) Task 5.2 – Bid Assistance
Harris will provide support during the bid period by responding to requests for information (RFIs). Our fee includes preparation of one (1) addendum for the Construction Contract Documents. c) Task 5.3 – Evaluation and Recommendation
Harris will assist with the bid evaluation for the Project. Conformance to the bid documents will be checked, including but not limited to, verifying references, ensuring all forms have been properly executed, and bid schedule properly completed.
Harris will notify the City if there are irregularities and provide recommendations for award. 6) Phase 6 – Engineering Support During Construction
a) Task 6.1 – Project Management
This task generally includes working with the City, Contractor, other stakeholders, performing scope management, cost management, schedule management, as-needed internal progress meetings, administrative duties (i.e. coordination, correspondence, invoicing, etc), and other miscellaneous activities required during construction. b) Task 6.2 – Pre-Construction Meeting (In-Person)
Harris will organize and lead the Pre-Construction Meeting with the City, Contractor, Construction Manager, and Inspector.
We will issue an Agenda and Meeting Minutes.
c) Task 6.3 – Submittal Reviews (6)
Harris will review and comment on submittals provided by the Contractor as required by the Construction Contract Documents. For purposes of this Proposal, we have estimated six (6) submittal reviews. Re-submittals and/or multiple iterations of poor quality submittals will require additional efforts and will be discussed with the City. d) Task 6.4 – Responses to Requests for Information (2) Harris will review and respond to RFIs submitted by the Contractor. For purposes of this Proposal, we have estimated two (2) responses to RFIs.
e) Task 6.5 – Change Order Support and Assistance
Harris will review and support proposed Construction Change Orders from the Contractor. For purposes of this Proposal, we have estimated four (4) hours of support and assistance. f) Task 6.6 – Record Drawings
Harris will provide Record Drawings based on redlined as-built construction drawings provided by the Contractor following completion of the Project.
Item 1J - 11
Harris & Associates, Inc. Arnico Street Sewer Improvements Project Phase 4 5 of 5 Assumptions and Exclusions
The following are assumptions made for this Proposal:
1) The City will provide legal names, telephone numbers, and/or means of contact for the twenty (20) individual home owners.
2) The existing topographic survey is sufficient for purposes of design and no significant changes or revisions in the existing conditions will require additional supplemental or new topographic survey. 3) The City will provide template and/or standard Replumb Agreements. 4) The City will provide template and/or standard Permit to Work on Private Property Forms.
The following are exclusions made for this Proposal, but are not intended to represent an exhaustive list:
1) Topographic Survey;
2) Utility Locating, Physical Potholing, and/or Subsurface Detection; 3) Geotechnical Investigation and/or Reporting;
4) Sampling, Testing, and Reporting;
5) Traffic Control Planning or Design;
6) Construction Management and Administration;
7) Inspection.
PROJECT SCHEDULE
To be discussed with the City.
PROPOSED FEES
The Proposed Fees for the Scope of Services are shown below and will be provided on a Time and Materials (T&M) basis, not-to-exceed the budgeted amount.
1) Phase 1 – Project Management, $15,040
2) Phase 2 – Preliminary Investigation, $17,420
3) Phase 3 – Pre-Final Submittal, $22,480
4) Phase 4 – Issued-For-Bid (IFB) Submittal, $8,410
5) Phase 5 – Bidding Assistance, $9,460
6) Phase 6 – Engineering Support During Construction, $17,690 Total Proposed Fee: $90,500
We appreciate the opportunity to provide the City with professional engineering services for the Project. If you have any questions, please do not hesitate to call either of us.
Sincerely,
Harris & Associates, Inc.
Frank S. Lopez, PE, QSD, CFM Jason Caprio, PE, PMP
Vice President, Engineering and Consulting Senior Project Manager, Engineering (619) 814-9513
[email protected] (661) 319-9251 [email protected] Item 1J - 12
Subtotals
Project Director Project Manager Project Engineer Project Support Task/Subtask $275 $240 $160 $125
Phase 1.0 Project Management
1.1 Kick-Off Meeting 4 4 1,600$
1.2 General Project Management 12 2,880$
1.3 Client Meetings (2, Virtual) 4 4 1,600$
1.4 Coordination with Homeowners (20 Individual Home Owners) 20 12 6,720$
1.5 Utility Coordination 4 8 2,240$
Subtotal Hours = 0 44 28 0 72
Subtotal ($) = $0 $10,560 $4,480 $0 $15,040
Phase 2.0 Preliminary Investigation
2.1 Data Gathering, Project Notifications (Stakeholders), Review of Material 4 16 4 4,020$
2.2 Site Visit and Field Review (2, In-Person, On-Site) 16 16 6,400$
2.3 Confirmation of Previous Base Mapping (No New Survey) 2 8 1,760$
2.4 Replumb Agreements (20 Individual Home Owners) 2 4 12 2,620$
2.5 Permit to Work on Private Property Forms (20 Individual Home Owners) 2 4 12 2,620$ Subtotal Hours = 0 26 48 28 102
Subtotal ($) = $0 $6,240 $7,680 $3,500 $17,420
Phase 3.0 Pre-Final Submittal
3.1 Pre-Final Design Drawings (Title Sheet, Notes/Abbreviations/Legend Sheet, Single (1) Plan and Profile) 4 24 4,800$
3.2 Pre-Final Replumb Design Details (20 Individual Private Properties, 4 Additional Sheets Anticipated) 4 40 7,360$
3.3 Pre-Final Specifications 16 16 5,840$
3.4 Pre-Final Engineer's Opinion of Probable Construction Cost 2 8 4 2,260$
3.5 Quality Control Review (Pre-Final) 4 2 4 2,220$
Subtotal Hours = 4 28 76 20 128
Subtotal ($) = $1,100 $6,720 $12,160 $2,500 $22,480
Phase 4.0 Issued-for-Bid (IFB) Submittal
4.1 Issued-for-Bid (IFB) Design Drawings (Title Sheet, Notes/Abbreviations/Legend Sheet, Single (1) Plan and Profile) 4 8 2,240$
4.2 Final Replumb Design Details (20 Individual Private Properties, 4 Additional Sheets Anticipated) 4 8 2,240$
4.3 Issued-for-Bid (IFB) Front-End Documents and Technical Specifications 4 4 1,460$
4.4 Issued-for-Bid (IFB) Engineer's Opinion of Probable Construction Cost 2 480$
4.5 Quality Control Review (IFB) 4 4 2 1,990$
Subtotal Hours = 4 14 20 6 44
Subtotal ($) = $1,100 $3,360 $3,200 $750 8,410$
Phase 5.0 Bidding Assistance
5.1 Pre-Bid Meeting (In-Person) 12 2,880$
5.2 Bid Assistance 16 8 5,120$
5.3 Evaluation and Recommendation 4 4 1,460$
Subtotal Hours = 0 32 8 4 44
Subtotal ($) = $0 $7,680 $1,280 $500 9,460$
Phase 6.0 Engineering Support During Construction
6.1 Project Management 16 3,840$
6.2 Pre-Construction Meeting (In-Person) 12 2,880$
6.3 Submittal Reviews (6) 6 12 3,360$
6.4 Responses to Requests for Information (2) 8 12 3,840$
6.5 Change Order Support and Assistance 4 960$
6.6 Record Drawings 2 2 8 4 2,810$
Subtotal Hours = 2 48 32 4 17,690$
Subtotal ($) = $550 $11,520 $5,120 $500 17,690$
Total Hours by Classification = 10 192 212 62 476
Total ($) by Classification = $2,750 $46,080 $33,920 $7,750 90,500$ Percentage of Time Allocated (by hours) = 2% 40% 45% 13% 90,500$
FEE PROPOSAL FOR ARNICO STREET SEWER IMPROVEMENTS PROJECT PHASE 4 Item 1J - 13
CITY COUNCIL STAFF REPORT
01/27/2022 1. K.
City Clerk -
SUBJECT
RENEW AGREEMENT WITH COUNTY OF RIVERSIDE ON BEHALF OF
PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY AND
COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT
RECOMMENDATION:
Renew agreement with Riverside County, on behalf of its Probation Department and Post-Release Accountability and Compliance Team, through June 30, 2022.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: J
anuary 27, 2022 CONSENT CALENDAR
SUBJECT: RENEW AGREEMENT WITH COUNTY OF RIVERSIDE ON BEHALF OF
PROBATION DEPARTMENT AND POST-RELEASE ACCOUNTABILITY
AND COMPLIANCE TEAM FOR PUBLIC SAFETY REALIGNMENT
FROM: Justin Clifton, City Manager
BY: Pol ic
e Department
SUMMARY:
Staff i
s recommending City Council renew an agreement between the Palm Springs Police Department and the County of Riverside, on behalf of its Probation Department and the Post-Release Accountability and Compliance Team, through June 30, 2022.
RECOMMENDATION:
1. Renew agr
eement with Riverside County, on behalf of its Probation Department and Post-Release Accountability and Compliance Team, through June 30, 2022.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The impl
ementation of Public Safety Realignment Act of 2011 resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department. On August 30, 2011, the Community Corrections Partnership Executive Committee of Riverside County voted unanimously on the need for a county -wide law enforcement component to this supervision. The Riverside County Sheriff’s Department, Riverside District Attorney’s Office, Riverside County Probation and the twelve municipal law enforcement agencies in Riverside County, including the Palm Springs Police Department, have built the infrastructure for this critical enforcement. The Post -Release Accountability and Compliance Team (PACT) is a county -wide, multi- jurisdictional team comprised of members from each of these organizations.
The Police Department has been a member of the Post -Release Accountability and Compliance Team (PACT) since its inception in 2011. The team is currently supervised Item 1K - 1
by a Palm Springs Police Department s ergeant and works with Probation to focus on realignment offenders that pose the most risk to public safety . The Palm Springs Police Department supplies the assigned PACT sergeant with a vehicle and all necessary equipment.
FISCAL IMPACT:
There is no additional impact to the General Fund, as this position is part of the authorized personnel for the Police Department. The Riverside County Probation Department will reimburse the City of Palm Springs for the fully burdened costs, including overtime costs consequent to their assignment, of one police sergeant assigned to PACT, up to $270,000 annually.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Justin Clifton
ATTACHMENTS:
1) County
of Riverside PACT Agreement.
Item 1K - 2
THE COUNTY OF RIVERSIDE1 ON BEHALF OF ITS
PROBATION DEPARTMENT, AND PARTICIPATING
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM (PACT)
LOCAL LAW ENFORCEMENT AGENCIES FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
FY 2021-2022
Item 1K - 3
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
1,0 Backaround .................................................................................................................... 3
2.0 Parties and Purpose ......................................................................... .............................. 3
3.0 Probation Officer Roi e ................................................................................................... 4
4.0 Term ............................................................................................................................... 5
5.0 Amendment or Termination of MOU .......................................................................... 5
6.0 Audits ............................................... .,. ............................................................................ 5 7 .O Records Retention ........................................................................................................ 6
8.0 Financial Reports ........................................................................................................... 6
9.0 Confidentiality ................................................................................ ............................... 6
10.0 Hold Harmless and Indemnification .............................................................................. 6
11.0 Assignment ..................................................................................................................... 7
12.0 Ucense and Certifications .............................................................................................. 7
13.0 Compliance, Governing law and Severabllity .............................................................. 7
14.0 Compensation ................................................................................................................ 8
14.1 Maximum Amount .............................................................................................. 8
14.2 Method, Time and Schedule/Condition of Payments ......................................... 8
14.3 Use of Funds ....................................................................... .................................. 9
14.4 Disallowance ........................................................................................................ 9
14.5 Availability of Funding .......................................................................................... 9
15.0 Notices ............................................................................................................................ 9
16.0 Merger Cause . . .. .. .. ......... .. . . . . .. . .. .. . ...... ... . . . . . .... . .. . .. . .. . . . .......................... .... .... . ... ... . ....... 10
17.0 Electronic signatures .................................................................................................... 10 SIGNATURE PAGES ................................................................................ ................................. 11 Exhibit A: Quarterly Financial summary Report Template .................................................. 24 Exhibit B: PACT Invoice Template .......................................................................................... 25 Exhibit C: Distribution of Annual PACT Allocation by City .................................................... 26 Exhibit D: PACT Frequently Asked Questions ....................................................................... 27 Exhibit E: Funding & Reimbursement Policy & Guidelines for Regional PAC Teams .......... 30 Page I 2
Item 1K - 4
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
1.0 BACKGROUND
The Public Safety Realignment Act of 2011 (Realignment) implementation resulted in specified convicted felons and parolees who were previously monitored by State Parole to be supervised by the Riverside County Probation Department (hereinafter Probation). On August 30, 2011, the Community Corrections Partnership Executive Committee (CCPEC) of Riverside County (County) voted unanimously for the need of a county-wide law enforcement component.
The eleven (11) city police chiefs, the Riverside County Sheriff, the Riverside County District Attorney and Probation have built the infrastructure to support this type of critical enforcement. The Post-release Accountability and Compliance Team (hereinafter PACT) is a county-wide, multi-jurisdictional team composed of Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County District Attorney, and the Riverside County Sheriff's Department representing the seventeen Sheriffs contract cities within the County.
The primary mission of PACT is to work with Probation to focus on "high-risk" and "at-large'' realignment offenders that pose the most risk to public safety. PACT is dedicated to:
• Identifying and investigating "non-compliant" realignment offenders, • locating and apprehending "at-large" and "high-risk" realignment offenders, and • Performing probation compliance sweeps.
Through sustained, proactive and coordinated investigations, PACT will be able to share information, serve warrants, locate and apprehend violators, and reduce the number of realignment offenders who abscond. The support of the PACT allows Probation more time and resources to focus on case management, addressing treatment needs, and ensuring compliance with Court-ordered conditions.
2.0 PARTIES AND PURPOSE
This Memorandum of Understanding (MOU) is entered into by and between Probation, the Banning Police Department, Beaumont Police Department, Cathedral City Police Page I 3
Item 1K - 5
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Department, Corona Police Department, Desert Hot Springs Police Department, Hemet Police Department, Indio Police Department, Menifee Police Department, Murrieta Police Department, Palm Springs Police Department, Riverside Police Department, Riverside County Sheriff's Department Coachella, Lake Elsinore and San Jacinto stations for monetary reimbursement from realignment funds for expenses related to their participation in PACT.
The police chief of the Murrieta Police Department is the voting member of the CCPEC and represents the PACT local law enforcement agencies participating in this MOU, including for receipt of notices under section 15.
The parties agree to the terms and conditions of this MOU, which will be effective immediately and remain in effect until terminated or modified as defined in section 4.0 of this MOU.
3.0 PROBATION OFFICER ROLE:
Probation Officers are peace officers under Penal Code section 830.5 whose authority extends to any place in the state while engaged in the performance of the duties of their respective employment and for the purpose of carrying out the primary function of their employment, only as follows:
1) To conditions of parole, probation, mandatory supervision, or post-release community supervision by any person in this state on parole, probation, mandatory supervision, or post-release community supervision.
2). To the escape of any inmate or ward from a state or local institution. 3) To the transportation of persons on parole, probation, mandatory supervision, or post-release community supervision.
4) To violations of any penal provisions of law which are discovered while performing the usual or authorized duties of his or her employment. 5) To the rendering of mutual aid to any other law enforcement agency.
There must be a nexus between the conditions outlined above for the Probation Officer to be involved in the actions of PACT. There is no provision for the Probation Officer to exercise peace officer authority pursuant to Penal Code section 830.1.
In terms of mutual aid, unless there is an immediate threat to life {Person or Persons whose life is in real and immediate danger from the criminal acts of others), the Probation Officer's assistance will be limited based on the conditions outlined and within current law.
Item 1K - 6
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
4.0 TERM
This MOU shall be effective upon execution by signature of the Chief Probation Officer of Riverside County and the Chiefs or City Managers of each participating PACT agency or their respective deslgnees. The term of this MOU shall be for the Riverside County fiscal year commencing on July 1, 2021 and ending on June 30, 2022. Thereafter, the parties will enter into a new MOU (the "New MOUN) upon annual approval of the County's Realignment budget by the CCPEC; this MOU shall remain In effect until the New MOU is effective.
5.0 AMENDMENT OR TERMINATION OF MOU
This MOU may be amended at any time with the written concurrence of all parties. This MOU, along with any incorporated attachments, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees, shall be valid unless made In the form of a written amendment to this MOU formally approved and executed by both Probation and each participating PACT agency. Consideration for amendment will be given upon written notification by one party to the others. The parties will review this MOU at least annually and modify as needed.
Any participating PACT agency can withdraw participation in this MOU with or without cause upon thirty (30) days written notification to the other parties. Participation withdrawal will take effect thirty (30) days following receipt of notification and terms and conditions of this MOU continue in full force for the remaining PACT agencies.
This MOU can be terminated with or without cause by any party upon thirty (30) days written notification to the other parties or due to unavailability of funding. Termination of the MOU will take effect thirty (30) days following receipt of the written notice of termination or upon effective date of funding expiration.
6.0 AUDITS
The parties agree that any duly authorized representative of the Federal, State, or local government shall have the right to audit, inspect, copy or transcribe any pertinent records, electronic data and documentation relating to this MOU. Any audit exception, as it relates to this MOU, resulting from an audit conducted by any duly authorized representative of the Federal, State, or local government shall be the responsibility of the participating PACT Page I 5
Item 1K - 7
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFE-TY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
agencies. Any audit disallowance adjustments must be paid in full upon demand if required, or may be withheld at the discretion of the Chief Probation Officer against amounts due to PACT agencies under this MOU or any PACT agreement with Probation.
7.0 RECORDS RETENTION
Each party agrees to retain all records pertaining to this MOU for the period indicated in the Riverside County Records Retention General Schedule per Board of Supervisors Policy A-43 unless otherwise indicated by the source of funds. If, at the end of the retention period, there is ongoing litigation or an audit involving those records, each party shall retain the original records until the resolution of such litigation or audit.
8.0 FINANCIAL REPORTS
Four financial reports are to be submitted quarterly by each PACT partner during each fiscal year covering the following reporting periods:
Quarter Reporting Period
1 July 1- September 30
2 July 1 - December 31
3 July 1- March 31
4 July 1- June 30
The CCPEC-approved template for financial report submission is attached hereto and Incorporated herein as Exhibit A. The summary PACT report for each quarter will be compiled and presented to CCPEC by Probation. Due dates for quarterly financial reports are established annually by the CCPEC.
9.0 CONFIDENTIALITY
All parties agree to maintain the confidentiality of all information in accordance with all applicable Federal, State and local laws and regulations.
10.0 HOLD HARMLESS ANO INDEMNIFICATION
Each participating agency agrees to indemnify and hold the other participating agencies harmless from any and all liability for death, injury and/or damage, actual or alleged, to persons or property, arising out of, or resulting from negligent acts or omissions of the indemnifying party or its employees. When Probation, PACT itself, any participating agency, or its agents, are held liable for deaths or Injuries to persons or property, each party's liability for contribution or Indemnity for such injuries shall be based proportionately upon Page I 6
Item 1K - 8
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
the contributions of each participating agency. In the event of liability Imposed upon any of the participating agencies for death, injury, and/or damage which is caused by the negligent or wrongful act or omission of any of the parties In the performance of this MOU, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to $100.00. The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold the other parties harmless from any liability for death, injury and/or damage arising out of the performance of this MOU.
11.0 ASSIGNMENT
This MOU shall not be assigned by any party hereto, either in whole or in part, without prior written consent of the other parties. Any assignment or purported assignment of this MOU without the prior written consent will be deemed void and of no force or effect.
12.0 LICENSE AND CERTIFICATIONS
When applicable, all parties verify upon execution of this MOU, that all work performed pursuant to this MOU will performed by properly trained and licensed/certified staff who possess current and valid license/certifications in compliance with any local, State, and Federal laws.
13.0 COMPLIANCE. GOVERNING LAW. AND SEVERABIUTY
The parties shall comply with all applicable Federal, State, and local laws and regulations.
In the event there is a conflict between the various applicable laws and regulations, the parties shall comply with the more restrictive law or regulation. Any legal action related to this MOU shall be flied only in the Superior Court for the State of California in Riverside, California. All parties shall be obligated to attend a mediation session before a neutral third-party mediator prior to the filing of any legal action.
If any provision in this MOU Is held by a court of competent jurisdiction to be invalid, void or enforceable, the remaining provisions will nevertheless continue in full force without being impaired or Invalidated in any way.
Page I 7
Item 1K - 9
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
14.0 COMPENSATION
14.1 Maximum Amount:
Maximum allowable costs for FY2021-2022 under this MOU shall not exceed $3,429,500.00 or as approved by CCPEC for each annual fiscal year's budget. Annual allocations assigned to each PACT agency are detailed in Exhibit C, attached hereto and incorporated herein.
14.2 Method, Time and Schedule/Condition of Payments:
Within thirty (30) days of the end of each month in which services were rendered, each participating PACT agency will prepare and submit to Probation's Accounts Payable, via email [email protected], a reimbursement claim/journal entry for services and expenditures performed and incurred during the month. Using the invoice template, attached hereto and incorporated herein as Exhibit B, claim documentation will include, but is not limited to, an invoice with an itemized expenditure summary of Salaries & Benefits and Services & Supplies; and copies of timesheets, pay registers, and vendor invoices or receipts, as applicable.
Upon review and approval, Probation shall process each claim within fifteen (15) business days. The corresponding payment voucher will be forwarded to the County Auditor-Controller's office for processing. Invoices will be held beyond the fifteen (15) business days when an annual fiscal year realignment budget has not been approved by the CCPEC and the Riverside County Board of Supervisors. Upon approval by both governing bodies, held Invoices will be released to the Auditor-Controller's office for processing.
Each year, estimates for the month ending June 30 should be provided to Probation by June 20 with the final invoice due July 31 or next available working day.
If PACT ceases provision of services for any period, then no payment will apply for that period. Probation will reimburse participating PACT agencies for services provided In accordance with the terms and conditions contained herein.
Additional clarifications on the reimbursement process are provided as part of the Frequently Asked Questions, attached hereto and incorporated herein as Exhibit 0.
Page I 8
Item 1K - 10
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
14.3 Use of Funds:
PACT agencies shall not use any funds received pursuant to this MOU for any other program, project, or purpose. The parties shall not use realignment funds to supplant by claiming reimbursement from Probation for any costs which have been paid by another source of revenue. The parties agree not to use funds received pursuant to this MOU, either directly or indirectly, for purposes of obtaining funds under any other program without prior written approval of Probation. Additional guidelines for use of funds received pursuant to this MOU are provided in the Funding and Reimbursement Policy and Guidelines for Regional PAC Teams as developed by the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) in cooperation with Probation, attached hereto and incorporated herein as Exhibit E. Any revisions by ARCCOPS to the guidelines will supersede the attached exhibit.
14.4 Dlsallowance:
In the event a party receives payment for services pursuant to this MOU which is later disallowed for nonconformance with the terms and conditions herein by Probation, the party shall promptly refund the disallowed amount to Probation upon request, or at its option, Probation may offset the amount disallowed from any payment due to the party under any PACT agreement with Probation.
14.5 Availability of Funding:
Probation's obligation for payment under this MOU is contingent upon the availability of funds from which payment can be made.
15.0 NOTIQS
All notices, claims, correspondence, reports, and/or statements authorized or required by this MOU shall be addressed for each location as follows:
Riverside County Probation Department
Probation Administration
Administrative Services Manager Ill - Fiscal Services Division P.O. Box833
Riverside, CA 92502
(951) 955-2983
Page I 9
Item 1K - 11
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REAJJGNMENT
MEMORANDUM OF UNDERSTANDING
Post•release Accountability and Compliance Team
Tony Conrad, Chief of Police
Murrieta Police Department
2 Town Square
Murrieta, CA 92562
(951) 461-6358
tcon [email protected]
All notices shall be deemed effective when they are made in writing, addressed as Indicated above, and deposited in the United States mail. Any notices, correspondence, reports, and/or statements authorized or required by this MOU addressed in any other fashion will not be acceptable.
16.0 'MERGER CLAUSE
This MOU, including any attachments or e><hibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing, including the FY20-21 MOU.
17.0 ELECTRONIC SIGNATURES
Each party of this MOU agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code§§ 1633.1 to 1633.17), for executing this MOU. The parties further agree that the electronic signature(s) included herein are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code
Page f 10
Item 1K - 12
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Ron Miller II, Chief Probation Officer
Riverside County Probation Department
APPROVED AS TO FORM
Gregory P. Priamos
County Counsel
BY: _________ _
Lisa Sanchez
Deputy County Counsel
DATE: _________ _
1i.(n IL\
Date
Page I 11
Item 1K - 13
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Sean Thuilllez, Chief of Police
Beaumont Police Department
Date
Page I 12
Item 1K - 14
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post�release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Charles P. Mcclendon, City Manager
Cathedral City
Date
Page I 13
Item 1K - 15
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST ·RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Robert Newman, Chief of Police
Corona Police Department
Date
Page I 14
Item 1K - 16
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Luke Rainy, City Manager
City of Desert Hot Springs
Date
Page I1S
Item 1K - 17
THE COUNTY OF RIVERSJDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
JN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Eddie Pust, Chief of Police
Hemet Police Department
Christopher Lopez, City Manager
City of Hemet
Date
Date
Page I 16
Item 1K - 18
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Bryan Montgomery, City Manager
City of Indio
Date
Page I 17
Item 1K - 19
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Kim Summers, City Manager
City of Murrieta
Date
Page I 18
Item 1K - 20
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
City Manager Date
City of Palm Springs
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED BY CITY COUNCIL:
Page I 19
Item 1K - 21
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST ·RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Lea Deesing, Assistant City Manager
City of Riverside
Date
Page I 20
Item 1K - 22
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Chad Bianco
Riverside County Sheriff-Coroner
(Coachella, lake Elsinore and San Jacinto Stations)
APPROVED AS TO FORM
Gregory P. Priamos
County Counsel
BY: -----------
Kristine Bell-Valdez
Supervising Deputy County Counsel
DATE: _________ _
Date
Page I 21
Item 1K - 23
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Doug Schulze, City Manager
City of Banning
Date
Page I 22
Item 1K - 24
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
SIGNATURE PAGE
IN WITNESS WHEREOF, this MOU has been executed by and on behalf of Riverside County Probation Department and the participating Post-release Accountability and Compliance Team local law enforcement agencies by the signatures of the duly authorized respective agents, as of the day and year written herein below.
Armando G. VIiia, City Manager
City of Menifee
Date
Page I 23
Item 1K - 25
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Exhibit A.Qua"'rty Flnanc:i.r Summary Report Tempi.ta
AB tOI Community CotneliOnt Partn•,.hlp EHc:ullv• Commtlltt FY 2020121 Flnanclal Report• 01"tatln9 Funela
(Rapo,tlnG P9nod o. ....
--·
NARRATIVE ��
.............. : _____ .::........,="-•:;.:-=?el=-----
... ,..,. .. �'--------------- __ _,, ________ _
�r. _____________ _ _, ________ _
Page I 24
Item 1K - 26
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
EXHIBIT B
PACT INVOICE TEMPLATE
(City Logo/ Letterhead) INVOICE:
Bill to:
RIVERSIDE COUNTY PROBATION DEPARTMENT
FISCAL UNIT ADMIN SVC MGR
POBOX833
RIVERSIDE, CA 92502
DATE:
DUE DATE:
Invoice Type: PACT
Desalptlon
Description: (Month) Invoice
Total Price
PACT (City Name) Reimbursement for
1) salaries and Benefits (Period: MM/DD/VR·MM/00/VR)
2) Supplies {receipts attached)
(Month) Services
lrotalOue $ . I
Documenllltlon with Invoice includes copies of llmesheets for bllllns pertod and verif cation of salary and benefits rates charged. Please llOte. for confidtntlallty purpose, original tlmesheets and any further verification of employees compl!f1Sltlon will be on file with the City of {City Name), Human Resources Department and c1vailable to an authorized auditlngofflcial for review.
I, the undersiglled, hereby canlfy the abovec:latm submitted for reimbllfesement are true and correct Rtallgnment ecpenditures In accordance with CM Mtrnorandum of Understandlne (MOUi belween the Riverside County Probation Department and the Post-reteaseAccountabllity and ComonanceT.am fPACTl.
Signature Title Date
Please remit payment to:
(Provide city Information}
Item 1K - 27
P.tgP. ! 21i
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT AB.ILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Exhibit C
Distribution of Annual PACT Allocation by City
City of Banning $ 216,500.00
City of Beaumont $ 216,500.00
City of Cathedral City $ 216,500.00
City of Coachella s 216,500.00
City of Corona $ 216,500.00
City of Corona - {Corporal) $ 238,000.00
City of Desert Hot Springs $ 216,500.00
City of Hemet $ 270,000.00*
City of Indio s 216,500.00
City of Lake Elsinore s 216,500.00
City of Menifee $ 216,500.00
City of Murrieta $ 216,500.00
City of Palm Springs $ 210,000.00•
City of Riverside $ 270,000.00*
City of San Jacinto $ 216,500.00
FV21/22 Total Annual PACT Allocation $ 3,429,500.00
*PACT agencies with sergeants assigned to the teams receive $270,000 each. PACT agencies without sergeants assigned to the teams receive $216,500, and corporal receives $238,000 as dictated by the approved ARCCOPS memorandum {Exhibit E) revised October 2020.
Page I 26
Item 1K - 28
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
1. Year End:
Exhibit D
Frequently Asked Questions
a. What is a year-end estimate claim and what needs to be included? I. A year-end estimate claim allows Probation to encumber funds for payment from the current fiscal year into the beginning of the next to cover expenditures Incurred during the month of June and have a record that the final submittal is pending.
ii. If funds are not encumbered to cover final year-end claims and a claim is submitted, the reimbursement may be charged against the PACT agency's allocation for the next fiscal year.
iii. To submit a year-end estimate clalm form:
1. Use the Invoice Template (Exhibit 8) provided,
2. In the location on the form for listing the month/year of the claim, please mark as the June Estimate,
3. Based on remaining annual funds and use of funds to date generate estimated expenditures for the month of June;
4. Attach any advance approvals for services/supply/equipment purchases, and
5. Submit estimate to Probation no later than June 20 of each year. b. What if the claim for actual year-end expenditures is not submitted before the County's year-end submission deadline?
i. If the claim for actual year-end expenditures is not received by the deadline, Probation will process payment to the PACT agency using the estimate provided.
II. When the claim Is received (after the deadline), if expenditures exceed the estimate, Probation will process payment for the difference and the difference will be paid from any rollover funds. If the expenditures are less than the estimate, the PACT agency is required to refund the overpayment back to Probation.
c. What documentation is needed to include major purchases in the year-end estimate?
Page I 27
Item 1K - 29
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
I. To Include year-end expenditures that will not complete processing in the current fiscal year, the submitting PACT agency needs to provide proof of intent to purchase the major item, such as vehicles.
II. Proof of intent to purchase can be represented by approval documents from a City Council, an approved purchase order, an approved requisition, or a copy of the documents used by the City to encumber funds in their own fiscal year budget allowing Probation sufficient documentation to encumber funds to reimburse the submitting PACT agency. d. What if the estimate Is overstated?
i. If any unused funds are remaining after the final year-end reimbursement claim is submitted (prior to year-end deadline), the funds will be released for use within Realignment.
2. Staff Substitution for Another PACT Agency
a. What is the process to submit claims when substituting PACT staff by another police department due to staff shortages?
i. The Police Department providing the staff substitution must bill the PACT Agency suffering the staff shortage.
Ii. The PACT Agency suffering the staff shortage will then submit their monthly claim to Probation. The claim should include back-up documentation reflecting Invoices and payment to the substituting Police Department for staff services rendered. Any back-up documentation provided by the substituting Police Department (such as tlmesheets) should be Included in the monthly claim.
iii. PACT Agencies cannot bill against another PACT Agency's allocation.
3. Mileage Claims
a. What documentation is required to submit for mileage claims? i. A mileage log reflecting record of what miles are used for PACT specific duties is sufficient back-up for a mileage claim.
b. What if a vehicle is 100% PACT?
i. Fuel reimbursement statements reflecting the vehicle's mileage use over the course of the fiscal year Is sufficient back-up for mileage reimbursement.
Page I 28
Item 1K - 30
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
4. Staff Time
a. Can vacation, sick, and compensation time earned be paid? i. Yes, vacation, sick, and compensation time earned while performing PACT duties can be paid.
Ii. Detailed tracking of when the time Is earned and when it is paid will need to be provided as back-up to the claim. The tracking is necessary to ensure no duplication of payment Is requested {i.e. reimbursement for compensation time on one pay period and on the next pay period requesting reimbursement for time-off using those same backed compensation time hours). A tracking sheet can be provided upon request. iii. PACT Agencies that allow their officers to 'sell back' their compensation time at the end of the year can claim those hours as part of their reimbursement. Detailed tracking reflecting that the compensation time is earned while performing PACT duties must be submitted as back-up. b. Our police department uses electronic timesheets. Is a report from the timesheet system acceptable back-up?
i. Yes, a report from the timesheet system is acceptable as long as it reflects when the employee approved their timesheet and when the supervisors counter-approved their timesheets.
Page I 29
Item 1K - 31
THE COUNTY OF RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNT ABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
Exhibit E
IU.U,1
- - - '
**** A . . • ,•R ... ,,c .... ·.C,.,., ,•P .,. J, .. s•, •·
FUNDING AND REIMBURSEMENT POLICY AND GUIDELINES
FOR REGIONAL P.A.C. TEAMS
Rev.10/2020
I. PURPOSE: The purpose of this policy is to set forth standardized procedures for oversight and funding of personal assigned to Regional PAC Teams.
II. ORGANIZATION: Each regional PAC Team will establish a governing board including on command• level representative from each participating agency.
A. The regional governing board will provide operational and financial support and oversight to the regional team.
B. The regional board may also determine when a financial need merits a request for additional funding to one of the funding entities (CCPEC or ARCCOPS).
Ill. MEMBERSHIP: PAC Team membership Is open to all law enforcement agencies who are members of ARCCOPS. The voting membership of ARCCOPS shall determine which agencies will receive funding.
A. Agencies interested in participating and receiving reimbursement shall submit a request to the ARCCOPS voting membership.
1. ARCCOPS will determine agency participation and reimbursement as requested based on available funding and regional needs.
IV. FUNDING & REIMBURSEMENT: Funding for PACT personal Is provided through the Community Corrections Partnership Executive Committee (CCPEC) and the Riverside County allocation of AB- 109 mitigation grant (cat Chiefs).
A. Participating PAC Team agencies may submit for reimbursement for direct costs associated with deploying personnel dedicated to the PACT Team.
B. Reimbursement will be limited to the following:
Page I 30
Item 1K - 32
--' --- . - -
•- • -• '' I ' ' - -
THE COUNTY OR RIVERSIDE, ON BEHALF OF ITS
PROBATION DEPARTMENT, AND
POST-RELEASE ACCOUNTABILITY AND COMPLIANCE TEAM
FOR PUBLIC SAFETY REALIGNMENT
MEMORANDUM OF UNDERSTANDING
1. Actual cost of all salary, benefits, paid leave and overtime paid to agency employees for work while assigned and working for a PAC Team.
2. Mileage (at the published IRS rate) for miles traveled using an agency vehicle for travel to, from and during PAC Team activities.
C. Total reimbursement shall not exceed $216,500 per fiscal year for each police officer or detective assigned; $238,000 per fiscal year for corporal assigned; and $270,000 per fiscal year for each sergeant assigned to supervise a PAC Team.
D. Participating agencies shall submit detailed expenditure claims on a monthly basis to the appropriate funding entity (CCPEC via County Probation or ARCCOPS via city of Corona).
Page I 31
Item 1K - 33
CITY COUNCIL STAFF REPORT
01/27/2022 1. L.
City Clerk -
SUBJECT
AWARD GOODS PURCHASE AGREEMENT NO. A9030 WITH MARCO
INDUSTRIES, INC. FOR THE PURCHASE OF A RUNWAY SWEEPER FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF $367,213.22 RECOMMENDATION:
Approve a Goods Purchase Agreement (A9030) with Marco Industries, Inc. dba Mar-Co Equipment Company for the purchase of a CNG-powered runway sweeper for the Palm Springs International Airport in the total amount of $367,213.22.
1. Authorize the City Manager or his designee to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: JA
NUARY 27, 2022 CONSENT CALENDAR
SUBJECT: AWARD GOODS PURCHASE AGREEMENT NO. A9030 WITH MARCO INDUSTRIES, INC. FOR THE PURCHASE OF A RUNWAY SWEEPER
FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF $367,213.22
FROM: Justin Clifton, City Manager
BY: Av iat
ion Department
SUMMARY:
This a
ction will approve G oods Purchase Agreement No. A9030 for a CNG-Powered Runway Sweeper for the Palm Springs International Airport from Marco Industries, Inc. for an amount of $367,213.22 funded by Federal Aviation Administration ( FAA) Airport Improvement Plan Grant No. 3-06-0181-058-2020.
RECOMMENDATION:
1. Approve a
Goods Purchase Agreement (A9030) with Marco Industries, Inc. dba Mar-Co Equipment Company for the purchase of a CNG-powered runway sweeper for the Palm Springs International Airport in the total amount of $367,213.22.
2. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Accord
ing to the Public Integrity Disclosure form (Attachment 1) submitted on December 13, 2021, Marco Industries, Inc . d.b.a. Mar -Co Equipment Company is a corporation registered in California with its principal place of business in Pomona, CA . The Officers are Richard F. Butler and Linda Butler , respectively owning a 50% beneficial interest in the entity.
BACKGROUND:
Airpor
t Management Staff anticipated the need for a new runway sweeper and the request was submitted to the FAA as an eligible expense under the Airport Capital Improvement Program in 2019. This expenditure was approved by the FAA under AIP Grant 3-06-0181- Item 1L - 1
058-2020 (AIP 058), a multi-year grant in the amount of $7,919,014 which provided for the replacement of eight p assenger boarding b ridges in the Bono concourse and the acquisition of the runway sweeper. City Council approved the acceptance of AIP 058 at its meeting of July 23, 2020.
On August 17, 2021, Invitation for Bid ( IFB 22-01) was issued through the procurement process for the runway sweeper, and three bids were returned unopened as decision was made to re-bid with the specification that the runway sweeper be CNG-powered.
On November 4, 2021, Invitation for Bid (IFB 22- 05) was initiated by the City’s Procurement Department, based on the Airport specifications for a CNG-powered runway sweeper. Proposers were solicited directly via the City’s Procurement PlanetBids vendor portal, and the IFB was posted to the City’s website for 30 days and advertised in the Desert Sun.
In response to this solicitation, the City received one responsive and responsible bid from Marco Industries, Inc. in the amount of $367,213.22. Staff has evaluated the bid submitted for the GNG-powered airport runway sweeper and finds that it meets City specifications.
STAFF ANALYSIS:
Accor
ding to FAA regulations Title 14 C.F.R. Part 139.05 the Palm Springs International Airport, as certificate holder, is required to promptly remove any Foreign Object Debris (FOD) from all Air Operations Area (AOA) paved surfaces for the safety of aircraft and passengers. A high-speed power vacuum sweeper vehicle is used to remove FOD from the AOA and from public airport roads.
The current sweeper, a 2004 Elgin Sterling SC8000, has reached the end of its useful life and must be replaced. The acquisition of the CNG-powered runway sweeper is needed to ensure the taxiways and runways are clear of debris for safe aircraft operations.
Staff is seeking City Council’s approval of the selection of Marco Industries, Inc. and Goods Purchase Agreement No. A9030 (Attachment 2).
ENVIRONMENTAL IMPACT:
The reques
ted 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. According to Section 15378(b), a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
Item 1L - 2
FISCAL IMPACT:
Funding f
or this acquisition is entirely provided by A IP 058 and is available i n the Department of Aviation Account 4167070-80000 for Fiscal Year 2022.
REVIEWED BY:
Department Director: Harry Barrett
City Manager: Justin Clifton
ATTACHMENTS:
1. Public
Integrity Disclosure.
2. Goods Purchase Agreement No. A9030.
Item 1L - 3
AVIATION DEPARTMENT:
City Council Meeting of 01-27-22
AWARD A GOODS PURCHASE AGREEMENT NO. A9030 WITH MARCO
INDUSTRIES, INC. FOR THE PURCHASE OF A RUNWAY SWEEPER FOR
THE PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF $367,213.22
ATTACHMENT 1
PUBLIC INTEGRITY DISCLOSURE
Item 1L - 4
Item 1L - 5
PUBLIC
INTEGRITY
DISCLOSURE
APPLICANT
DISCLOSURE
FORM
1. Name
of
Entity
Mar-co
Equipment
Company
2.-
Address
of
Entity
{Principle
Place
of
Business)
130
Atlantic
Street
Pomona,
CA
91768
I
3. Local
or
California
Address
(if
different
than
#2)
4. State
where
Entity
is
Registered
with
Secretary
of
State
California
If
other
than
California,
is
the
Entity
also
registered
in
California?
D
Yes
D
No
I
I
~----------------------------....,•---
·(:...
5. Type
of
Entity
Ix!
Corporation
D
Limited
Liability
Company
D
Partnership
D
Trust
D
Other
(please
s~eci~)
6. Officers,
Directors,
Members,
Managers,
Trustees,
Other
Fiduciaries
(plea-s.•
specify)
Note:
If
any
response
is
not
a
natural
person,
please
identify
all
jofflcert,
directors,
members,
managers
and
other
fiduciaries
for
the
member,
m,na~er,
tru•
or
other
enti'ty
Richard
F.
Butler
_____________
!xi
Officer
D
Director
D
Member
[~ J Mcianager
[name]
D
General
Partner
D
Limite~
Pa,itner
Other
____________
,
1-.
Linda
Butler
_____________
[i]
Officer
D
Director
D
Member
O
Managei
[name]
D
General
Partner
D
LimiteJ
Partner
D
Other
_______
,, __
----i
___
N_e_il
_B_.
F_e_in_b_e_rg
_______
O
Officer
D~rector
Member
~
Manager
[name]
D
General
Partner
D
Limiteq
Partner
D
Other
_______
. ___
__.
1.-------------------------------
------
Item 1L - 6
7. Owners/Investors
with
a
5%
beneficial
interest
in
the
Applicant
Entity
or
a
related
entity
EXAMPLE JANE
DOE
[name
of
owner/investor]
A.
Richard
F.
Butler
[name
of
owner/investor]
B.
Linda
Butler
[name
of
owner/investor]
C.
[name
of
owner/investor]
D. (name
of
owner/investor]
E.
50%,
ABC
COMPANY,
Inc.
[percentage
of
beneficial
interest
m
~ntity
an
~
name
of
entity]
,
50%
Mar-co
Equipment
Compan}'
[percentage
of
beneficial
interest
in
elntity
anf
name
of
entity]
I
50%
Mar-co
Equipment
Companl'
[percentage
of
beneficial
interes~
in
entity
ani
.
name
of
entity]
·
[percentage
of
beneficial
interes~
in
ertity
antll
.
name
of
entity]
_·
[percentage
of
beneficial
interes~
in
entity
and!
·
name
of
entity]
[name
of
owner/investor]
[percentage
of
beneficial
inter~st
~n
entity
and
name
of
entity]
I
DECLARE
UNDER
PENALTY
OF
PERJURY
UNDER
THE
LAWS
OF
THE
ST~TE
oP.J
CALIFORNIA
THAT
THE
FOREGOING
IS
TRUE
AND
CORRECT.
Date
12/13/2021
AVIATION DEPARTMENT:
City Council Meeting of 01-27-22
AWARD A GOODS PURCHASE AGREEMENT NO. A9030 WITH MARCO
INDUSTRIES, INC. FOR THE PURCHASE OF A RUNWAY SWEEPER FOR
THE PALM SPRINGS INTERNATIONAL AIRPORT IN THE AMOUNT OF $367,213.22
ATTACHMENT 2
GOODS PURCHASE
AGREEMENT NO. A9030
Item 1L - 7
CITY OF PALM SPRINGS
GOODS PURCHASE AGREEMENT NO. A9030
CNG POWERED AIRPORT RUNWAY SWEEPER
This Goods Purchase Agreement (“Agreement”) is entered into this 1st day of February, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and MARCO INDUSTRIES, INC DBA MAR-CO EQUIPMENT COMPANY, a Corporation, organized in the state of California with its principal place of business at 130 Atlantic Street, Pomona, CA 91768 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services, including design, engineering, and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B, ” attached hereto and incorporated herein by reference.
Section 2. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance . If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requiremen ts or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under this Agreement. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
Section 3. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of one year , or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier an d City, from the date of final written acceptance of the Goods by City as required for final payment under this Agreement. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit fo r the purpose intended . City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this paragraph.
Item 1L - 8
C. For any breach of the warranties contained in this Section , Supplie r will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office, or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods . All such defective Goods that is so remedied will be similarly warranted as stated above . In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketab le title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods . Supplier agrees to indemnify, defend, and hold City harmless against any and all third party clai ms resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section, City will not be limited to the remedies set forth in this Section, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 4. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City . No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative . The tot al price shall include (i) all federal, state, and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight, and transportation to destination.
Section 5. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications . If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be auth orized by a change order document signed by City and accepted by Supplier.
Section 6. PAYMENTS.
A. Terms of payment are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones . Final payment shall be Item 1L - 9
made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met . Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing i nvoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice . Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice . Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on accou nt of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations . If the causes for which payment is withheld are removed, the withheld pa yments will be made promptly . If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character , and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section will constitute a waiver, release, and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors, and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors, and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
Item 1L - 10
Section 7. SCHEDULE FOR DELIVERY.
The time of Supplier’s performance is of the essence for this Agreement . The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule .
In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of zero dollars, $0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 8. TAXES.
Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed simila r to a sales and use tax) imposed by any federal, state, or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state, or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors . Supplier will deposit, or cause to be deposited, in a timely mann er with the appropriate taxing authorities all amounts required to be withheld . All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier .
In addition, all taxes assesse d by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier . Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 9. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall hav e no power or authority by this Agreement to bind City in any respect .
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status .
All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of City . City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such empl oyees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
Section 10. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace, or repair said Goods or materials at its own cost to the complete satisfaction of City . Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of t he Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof . Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods, but which does not become a part of the Goods.
Item 1L - 11
Section 11. INDEMNIFICATION.
A. To extent permitted by law, Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or inj ury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and s ubconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of damages, attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk .
Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding . Supplier shall reimburse City and its officials, office rs, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Section 12. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $ 1,000,000 per occurrence/ $ 2,000,000 aggregate for bodily injury, personal injury, and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insuranc e of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/ or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage .
The policies required under this Section shall give City, its officials, o fficers, employees, agents, or volunteers additional insured status . Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self -insurance or other coverage maintained by the City or any addition al insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers . The limits set forth herein shall apply Item 1L - 12
separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability . Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requi rement, or a waiver of any coverage normally provided by any insurance . Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Sect ion is to be placed with insurers with a current A.M. Best’s rating no less than A -:VII, licensed to do business in California, and satisfactory to the City.
D. Evidence of Insurance . Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement . The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or ap proved by the City .
All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work . In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 13. LIENS.
Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other e xpenses arising from such Claims.
Section 14. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier.
In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may tak e possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options, and privileges of Supplier . In such case Supplier will not be entitled to receive any further payments until the Goods is delivered . If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
Item 1L - 13
B. City may, for its own convenience, term inate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier . Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have aga inst Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under this Section, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant, and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to this Section, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services . Upon determination of the amount of said pro rata compensation, City will promptly pay su ch amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to this Section.
Section 15. FORCE MAJEURE
Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting Goods described herein if such failure or delay is due to a Force Majeure Event . A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Goods); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 16. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION A. Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Supplier, or any successor -in-interest, in the event o f any default or breach by City or for any amount which may become due to the Supplier or its successor, or for breach of any obligation of the terms of this Agreement.
B. Conflict of Interest. Supplier acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Supplier Item 1L - 14
enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter . Supplier warrants that Supplier 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.
C. Covenant Against Discrimination . In connection with its performance under this Agreement, Supplier 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”). Supplier shall ensure that applicants are employed, and that employees are treated during their employme nt, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Supplier certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Supplier 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 c ompensation; and selection for training, including apprenticeship; and further, that Supplier is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
Section 17. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: City Manager
SUPPLIER:
Mar-co Equipment Company
130 Atlantic Street
Pomona, CA 91768
Attn: Neil Feinberg
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notic e on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer . Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld . Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval . Notice of any ass ignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns . This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification . No supplement, modification, or a mendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition . No waiver, ben efit, privilege, or Item 1L - 15
service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
G. Attorneys’ Fees and Costs . If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make thi s Agreement and bind each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Suppliers . City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein . There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital sig nature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
Section 18. FEDERAL PROVISIONS.
Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON FOLLOWING PAGE]
Item 1L - 16
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND MAR-CO EQUIPMENT
COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No. ________ Agreement No. _A9030___
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Anthony Mejia,
City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1L - 17
- -
Exhibit A
Goods Specifications
1.1 General Requirements:
A. It is the intent of these specification to describe the minimum acceptable performance standards for obtaining a new CNG powered Airport Runway Sweeper.
The equipment requested will be used for sweeping and blowing Foreign Object Debris (FOD) from the runways, taxiways, and streets of the Palm Springs International Airport. The successful bidder shall ver ify the airport runway sweeper specification suitability to this application with the frame body manufacturer.
B. The equipment offered shall include all of the manufacturer’s standard equipment for the equipment model offered in addition to the items required by the specifications.
C. These specifications cover new equipment manufacturers that will meet or exceed the following requirements.
1.2 Equipment Specifications:
The following describe the City’s minimum Technical Specifications for equipment functionality, durability, serviceability, and economics.
Airport Equipment Specifications
This specification describes City of Palm Springs technical specifications for a Cummins CNG Sweeper or equivalent.
A General:
The Airport desires a CNG -powered Airport Runway Sweeper that is sufficiently rated to transport a full load of sweeping debris at speeds of up to 55 MPH. This vehicle shall be able to sweep access roads and parking lots with and without curbs and gutters.
B Chassis:
2021 Freightliner M2 Chassis with Cummins 6.7 CNG Engine or equivalent C Suspension:
Spring Suspension, both axels
D Engine:
Cummins 6.7 CNG Engine, 4 Tank 60 DGE Fuel System or equivalent E Alternator:
95 Amp
F Steering:
Single cockpit steering and operator controls
G Paint:
Standard White (body and chassis)
H Hopper:
Capacity: 8.0 Cubic Yards minimum
Door: Rear Door, hydraulically opened/closed
Item 1L - 18
Lock/Unlock: External Manual Controls
Dump: In cab hopper dump
Deluge: V-shaped nozzle assembly in rear door for easy washing I Console:
Tachometer, engine hour meter, oil pressure indicator, coolant temperature, voltmeter and fuel lever indicator, water level gauge and warning lights for hopper pressure controls
J Regenerative Air or Vacuum Sweeper System: (Mechanical sweepers are unacceptable).
K Blower:
CFM: 20,000 rating with linatex lined housing or equivalent, fan rated by independent test facility
Housing: Inspection point that facilitates safe operator access.
L Brooms:
Dual side brooms with 7’ or greater sweeping swath and lights for night operations
Rotation: Hydraulic Rotation
Ruler: Broom measurement ruler
Throttle: Electronic throttle, sweep resume/sweep transport/ reverse pickup Stop: Side Broom Outer Position Stop
Tilt: Side Broom Tilt Option
M Spray Nozzles and Bar:
Sixteen (16), seven (7) in the pick -up head, three (3) in the suction nozzle, three (3) at each side broom. Spray Bar Front-mounted
N Vacuum:
Enhancer in cab
Pick up Head:
Hydraulically operated, 14 (355 mm) outside diameter pressure hose, 12 -3/4 (324mm) inside diameter suction hose with quick disconnect on suctions side or equivalent
O Hose: Water pre-filter, hydrant fill hose
Length: 16 feet
Coupling: NST coupling and anti-siphon connector
P Fuel Water Separator in Aux Engine
Q Water Tank
Capacity: 240 gallons
Housing: Molded polyethylene or equivalent
Water Pump: Selectively controlled from cab
Item 1L - 19
R Camera
Rear-mounted camera
S Lights
All tail lamps, stop lamps, back -up lamps and turn indicator lamps to be recess mounted
Rear clearance and Rear Identification: LED
Safety Lighting:
Amber-colored, flashing light bar mounted on the uppermost part of the vehicle cab and visible from any direction day or night, including the air T Mirrors:
West Coast type with 8” convex inserts, one on each side U Back up alarm, electric
V Air Conditioning and Heating: Factory Installed
W Tires: rear axle must have dual tires; all tires must be the same size Spare: spare tire and rim
X Manuals: Provide two (2) Operation and Maintenance Manuals, (1) Parts Manual and (1) shop service and repair manual
Y Safety triangles and slow moving vehicle sign
Z Two-way VHF Airband radio; cab-mounted
1.3 Parts and Services:
A. Service Capability:
The Contractor must have facilities, factory trained personnel, equipment, and parts available to completely service, maintain, overhaul, and repair the equipment offered within Riverside County, California.
B. Parts Pricing and Availability
The Contractor agrees to offer OEM parts to the City of Palm Springs at a discounted rate for the life of the equipment or as otherwise stated. The Contractor shall maintain an adequate stock of normal replacement parts and shall make deliveries within 48 hours when requested.
C. Operational Standards and Testing
The Contractor shall be responsible for conducting tests to ensure that its equipment meets the operation and performance requirement it advertises. Certified records of these compliance tests shall be submitted by the m anufacturer. Equipment tests shall be conducted on standard production models and not on specially constructed prototypes.
D. Post Delivery Inspection
Contractors shall prepare for a post -delivery inspection service of the equipment, approximately 30 days aft er it is placed in service. The inspection service shall include the following:
Item 1L - 20
1. Check all operating systems for proper operation and adjustment
2. Check equipment visually for leaks and material defects E. Delivery
Contractor must deliver sweeper no later than 150 days after receipt of the purchase order.
F. Training for City of Palm Springs Staff
The Contractor shall provide operational and service/repair/troubleshooting training.
G. Warranty
The Contractor shall provide a minimum of a one-year warranty on the sweeper.
1.4 Compensation:
The Contractor will be compensated on a lumpsum basis that is inclusive of all costs related to the specifications and requirements.
Item 1L - 21
Exhibit B
Delivery Schedule
Contractor must deliver sweeper no later than 150 days after receipt of the purchase order.
Item 1L - 22
Item 1L - 23
ATTACHMENT E
BID FORM
INVITATION FOR BIDS (IFB 22-05)
RUNWAY SWEEPER FOR THE AIRPORT
Responding to this IFB for a Runway Sweeper for the Airport, the undersigned bi der ropos and agrees to provide the services and work in accordance with the specific tions. Bidd r proposes and agrees to furnish all labor, equipment, materials, supervision and serv ce rlecessa to complete said Work in accordance with the Specifications of the City of Palm S ringf and 'A1 I accept as full payment therefore, the following unit cost amounts. The City of Pal sgrings w I not accept any additional charges, fees, etc. that are not already included or incor ora ed in th below unit costs.
The Manufacturer and bidder shall guarantee that prices for equipment and parts in like rade an , quantity will be as low as such equipment and parts sold through any other govern en contra., t or cooperative. Any time the prices are reduced or increased to the general trade, it is u dersto9 , that City of Palm Springs shall not pay a higher price than any other user effective w th t e date , such price reduction or increase to the general trade.
Bidders shall include in the bid price the cost of a post-delivery inspection s equipment, approximately 30 days after it is placed in service. The inspection servic the following:
1. Check all operating systems for proper operation and adjustment
2. Check equipment visually for leaks and material defects
ITEM DESCRIPTION UNIT QUANTITY
1 CNG Sweeper per Specifications Lumpsum 1
Printed Name: __ N_e_i_l _Fe_i_n_be_r_g ________________ --t-- 1 Territory Manager
Title: ---------------------------+-
Date: 12/13/2021
NOTE: SEE ATTACHMENT FOR ADDITIONAL OPTIONS AND PRICING . 2 :2
- I
Item 1L - 24
OPTIONS ATTACHMENT
QTY OPTION DESCRIPTION OPTION F RICE
- PRE TA)
1 Auxiliary Hydraulic Tem12L Level Shutdown- Provides $400.00 protection for Hydraulic system if major fluid loss occurs, allowing engine to shutdown preventing Hydraulic system damage. Feature also prevents against overheating.
1 LED Traffic Direct ing Light {Rear}- Wherever additional $800.00 lighting may be required
1 Additional LED Flood Lights- This will allow for better visible $200.00 E ach coverage in hard to see areas. (Rear of sweeper, above
where engine is services, pick up head etc.)
1 Broom Assist Head- This option allows for the pickup head to $4200.00 have a 12" diameter broom inside {Full Width of Head). This will be beneficial if you come in contact will large amounts of sand/ heavy debris packed on street surfaces. Can be uses momentarily through a on/off switch located in cab
1 Pick UQ Head Curtain Lifter - This option will allow the lifting $1500 .00 of the front curtain on the pickup head to allow light debris to enter the pickup head when built up in front of curtain. 1 Lateral Air Flow Nozzle W L Right Broom Only- Provides Air $2800 .00 flow to move deposits of sand and dust storms, puddles of wate r after heavy rain falls and snow, air flow can move debris up to 60 feet in one single pass.
Exhibit D
FEDERAL AVIATION ADMINISTRATION
FEDERAL PROVISIONS
UPDATED 10.25.2021
Provision
Reference Provision Description
Page
No.
FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract 4
FAA – 04 Buy American Preferences * 5
FAA – 05 Civil Rights General 6
FAA – 06 Civil Rights – Title VI Assurances * 7
FAA – 07 Clean Air/Water Pollution Control 10
FAA – 08 Contract Work Hours and Safety Standards 11
FAA – 09 Copeland Anti-Kickback 12
FAA – 10 Davis Bacon Requirements 13
FAA – 11 Debarment and Suspension * 14
FAA – 12 Disadvantaged Business Enterprise * 15
FAA – 13 Distracted Driving 16
FAA – 14 Energy Conservation Requirements 17
FAA – 15 Drug Free Workplace (not applicable to Contractors) 18 FAA – 16 Equal Employment Opportunity 19
FAA – 17 Federal Fair Labor Standards Act * 20
FAA – 18 Lobbying Federal Employees 21
FAA – 19 Prohibition of Segregated Facilities 22
FAA – 20 Occupational Safety and Health Act 23
FAA - 21 Procurement of Recovered Materials 24
FAA – 22 Rights to Inventions 25
FAA – 23 Seismic Safety 26
FAA – 24 Tax Delinquency and Felony Conviction 27
FAA – 25 Termination of Contract 28
FAA – 26 Trade Restriction (Foreign) * 32
FAA – 27 Veteran’s Preference 33
*Solicitation Clause also Stricken clauses do not apply to this contract Item 1L - 25
FAA – 01 Access to Records and Reports
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration, and the Comptroll er General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38
Item 1L - 26
FAA – 02 Affirmative Action Requirement
Not applicable to this contract.
Item 1L - 27
FAA – 03 Breach of Contract
Any violation or breach of terms of this contract on the part of the [Contractor | Consultant] or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract . Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the [Contractor | Consultant] must correct the breach . Owner may proceed with termination of the contract if the [Contractor | Consultant] fails to correct the breach by the deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II(A)
Item 1L - 28
FAA – 04 Buy American Preferences
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void.
Reference: Title 49 USC § 50101
Item 1L - 29
FAA – 05 Civil Rights General
For Contracts:
The Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on th e grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
For Lease or Transfer Agreements:
The (tenant/concessionaire/lessee) agrees to comply with pertinent statutes, Execu tive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistanc e. If the (tenant/concessionaire/lessee) transfers its obligation to another, the transferee is obligated in the same manner as the (tenant/concessionaire/lessor).
This provision obligates the (tenant/concessionaire/lessee) for the period during which the property is owned, used, or possessed by the (tenant/concessionaire/lessee) and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.
Reference: 49 USC § 47123
Item 1L - 30
FAA – 06 Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:
1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of mater ials and leases of equipment . The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or progr am set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non -discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Adm inistration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto . The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor . In addition, the Contr actor may Item 1L - 31
request the United States to enter into the litigation to protect the interests of the United States.
A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 197 5, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100 -209) (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the def inition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub -recipients, and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the American s with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrim ination includes discrimination because of limited English proficiency (LEP) . To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).
Reference: 49 USC § 47123, FAA Order 1400.11
Item 1L - 32
Item 1L - 33
FAA – 07 Clean Air/Water Pollution Control
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740 -7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251 -1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II(G)
Item 1L - 34
FAA – 08 Contract Work Hours and Safety Standards
Not applicable to this contract.
Item 1L - 35
FAA – 09 Copeland Anti-Kickback
Not applicable to this contract.
Item 1L - 36
FAA – 10 Davis Bacon Requirements
DAVIS-BACON REQUIREMENTS
Not applicable to this contract.
Item 1L - 37
FAA – 11 Debarment and Suspension
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
A11.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participati on in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5
Item 1L - 38
FAA – 12 Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the terminati on of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contra ctor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above refe renced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non - DBE subcontractors.
Reference: 49 CFR part 26
Item 1L - 39
FAA – 13 Distracted Driving
TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enfo rce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.
In support of this initiative, the Owner encourages the Contractor to promote poli cies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project . The Contracto r must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project.
Reference: Executive Order 13513, DOT Order 3902.10
Item 1L - 40
FAA – 14 Energy Conservation Requirements
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).
Reference: 2 CFR § 200, Appendix II(H)
Item 1L - 41
FAA – 15 Drug Free Workplace Requirements
The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug -free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.
Reference: 49 CFR part 32, Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
Item 1L - 42
FAA – 16 Equal Employment Opportunity
Not applicable to this contract.
Item 1L - 43
FAA – 17 Federal Fair Labor Standards Act
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text . The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.
The [Contractor | Consultant] has full responsibility to monitor compliance to the referenced statute or regulation. The [Contractor | Consultant] must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.
Reference: 29 USC § 201, et seq
Item 1L - 44
FAA – 18 Lobbying and Influencing Federal Employees
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Con gress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award.
Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
Item 1L - 45
FAA – 19 Prohibition of Segregated Facilities
Not applicable to this contract.
Item 1L - 46
FAA – 20 Occupational Safety and Health Act
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text .
The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.
Reference: 29 CFR part 1910
Item 1L - 47
FAA – 21 Procurement of Recovered Materials
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247 . In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA -designated items is available at www.epa.gov/smm/comprehensive - procurement-guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act
Item 1L - 48
FAA – 22 Rights to Inventions
Not applicable to this contract.
Item 1L - 49
FAA - 23 Seismic Safety
Not applicable to this contract.
Item 1L - 50
FAA – 24 Tax Delinquency and Felony Conviction
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liab ility for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1L - 51
FAA – 25 Termination of Contract
A25.3.1 TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT
CONTRACTS)
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor . Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partial ly fabricated parts, completed, and partially completed work, supplies, equipment, and materials acquired prior to termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, s pecifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Item 1L - 52
Owner agrees to make just and equitable compensation to the Consultan t for satisfactory work completed up through the date the Consultant receives the termination notice .
Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in do cuments that are incomplete as a result of the termination action under this clause.
A25.3.2 Termination for Default
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80 -09 of FAA Advisory Circular 150/5370 -10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.
TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice- to-Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has a uthority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall b e at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default.
Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of Item 1L - 53
the parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provi de the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action . The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the comple tion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise . Upon termination of the Agreement, the Consultant must deliver to the Owner all data, sur veys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compe nsation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice .
Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for e rrors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Item 1L - 54
Upon receipt of a notice of t ermination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Own er and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant ha rmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370 -10, Section 80- 09 Item 1L - 55
FAA – 26 Foreign Trade Restriction
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firm s as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the Owner if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstance s. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secr etary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discrimina te against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision . The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contrac tor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award . If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviat ion Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Item 1L - 56
FAA – 27 Veteran’s Preference
In the employment of labor (excludin g executive, administrative, and supervisory positions), the Contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112 . Covered veterans include Vietnam -era veterans, Persia n Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans . This preference only applies when there are covered veterans readily available and qualifie d to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Item 1L - 57
CITY COUNCIL STAFF REPORT
01/27/2022 1. M.
City Clerk -
SUBJECT
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALM SPRINGS AND
THE PALM SPRINGS PLAZA THEATRE FOUNDATION
RECOMMENDATION:
Approve Memorandum of Understanding between City of Palm Springs and The Palm Springs Plaza Theatre Foundation.
1. Authorize the City Manager to execute said MOU.2.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: January 27, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALM
SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION
FROM: Justin Clifton, City Manager
BY: Jeffrey S. Ballinger, City Attorney
RECOMMENDATION:
1. Approve Memorandum of Understanding between City of Palm Springs and T he Palm Springs Plaza Theatre Foundation;
2. Authorize the City Manager to execute said MOU.
SUMMARY:
After a brief pause caused by the COVID -19 pandemic, fundraising for the City of Palm Springs historic Plaza Theatre has started again. These renewed efforts were highlighted recently by the October 2021 pledge of $5,000,000 by television/theatre producer, director and writer, David Lee.
This agenda item provides the City Council with the opportunity to review and consider approving a Memorandum of Understanding with T he Palm Springs Plaza Theatre Foundation, a non- profit organization, which has been formed to raise funds for the restoration of the Plaza Theatre.
BACKGROUND:
The City of Palm Springs acquired the historic Plaza Theatre, located at 128 S. Palm Canyon Dr. , from the City’s former Redevelopment Agency in 2015. At the time, the California Department of Finance (DoF), which has final authority over the disposition of former Redevelopment Agency properties, approved the conveyance of the Theatre to the City with the understanding that the Theatre has a historic designation and cannot be demolished. The DoF specifically required that the City secure a new operator with conditions that the property will be maintained as a historic structure and performing arts venue.
At its April 17, 2019 meeting, the City Council reviewed a report from M. Arthur Gensler & Associates, in which Gensler estimated that it would cost between $10M -12M to re- Item 1M - 1
purpose the Theatre into an entertainment venue for live concerts and other similar purposes.
In late 2019, a group of local residents, led by then-Councilmember J.R. Roberts, began a fundraising campaign for the restoration of the historic Plaza Theatre. Specifically, at the 2019 State of the City address , Mr. Roberts announced two donations -- $100,000 from Modernism Week and $50,000 from the Palm Springs Preservation Foundation.
And, on February 16, 2020, a well-publicized fundraiser was held at the Theatre, featuring Nancy Sinatra, during Modernism Week. Unfortunately, the COVID-19 pandemic slowed the Plaza Theatre fundraising activities significantly.
More recently, however, the fundraising efforts have resumed, including a generous, October 2021 pledge by David Lee in the amount of $5,000,000. Previously, Mr. Roberts and the other volunteer fundraisers were organized as an unincorporated “Steering Committee.” However, since that time, Mr. Roberts has, with the assistance of City Staff and the City Attorney’s Office, established a non-profit organization, “The Palm Springs Plaza Theatre Foundation.” The Foundation is a 501(c)(3) corporation whose corporate purposes include fundraising for the restoration of the Theatre. The Foundation is in the process of establishing its governing board and securing the necessary approvals from the state and federal entities (Franchise Tax Board and Internal Revenue Service) in order for such donations to be tax-deductible.
The use of private, non-profit foundations to support the capital and operational needs of cities is common in many jurisdictions, including the City of Palm Springs. For example, the City of Palm Springs is supported by such local non-profits as the Friends of the Palm Springs Animal Shelter, Friends of the Palm Springs Library, and the Palm Springs Public Library Foundation. The use of private, non -profit foundations carries various benefits, including:
• The ability to attract private donations from donors who are often more apt to donate to a private, non-profit organization than a governmental agency. • The ability to obtain matching grants and donations, which are not always available for donations to the City itself.
• The ability to leverage the time and resources of private residents, rather than devoting City staff time to fundraising efforts.
Often, cities that are supported by such non-profit foundations enter into an agreement with the foundation in order to establish the roles and responsibilities of the parties. This is the case with the proposed Memorandum of Understanding (MOU) before the City Council at this time . Specifically, t he proposed MOU is intended to help ensure the successful fundraising efforts for the purpose of rest oring and ultimately operating the historic Plaza Theatre. The following is a summary of some of the key elements of the proposed MOU.
Under the MOU, the Foundation is authorized to use the name, likeness and logo of the Item 1M - 2
City for fundraising purposes. The City will assign a City staff person as a liaison to the Foundation, to serve as the primary point of contact for the Foundation, to coordinate and communicate the plans and needs of the Foundation. Under the MOU, the City will generally be responsible for the on-going maintenance of the Theatre. However, the MOU provides that the Foundation will be able to use the Theatre for various purposes, including holding meetings and occasional fundraising events. The MOU contemplates that the City will enter into separate facility use agreements with the Foundation, as well as other third-party users, for these purposes. Under these facility use agreements, the City will negotiate any different maintenance obligations, depending on the nature of the use, as well as insurance and liability issues.
The MOU also provides that the City will publicly recognize the work and contributions of the Foundation. In addition, the City will provide the following financial assistance to help the Foundation with its fundraising activities:
• Transfer the current amount held in the City’s Plaza Theatre donation account, in the amount of $165,100.
• Provide a start-up contribution to the Foundation, in the amount of $75,000 in the City’s Fiscal Year 2021/22.
• Provide future annual contributions, in the amount of $50,000, for the following four (4) fiscal years (Fiscal Years 22/23, 23/24, 24/25, and 25/26).
The MOU provides that the Foundation will obtain IRS and FTB approval as a tax-exempt entity and maintain its legal status to solicit charitable donations. The MOU also provides that the Foundation will donate its donations for the design and restoration of the Plaza Theatre.
Under the MOU, the Foundation is granted certain “naming rights ,” in order to assist in the Foundation’s fundraising efforts. Examples of potential naming rights opportunities include, but are not limited to, the Theatre itself, the lobby, the seats, stage, and the entry patio. City approval is required for naming right s opportunities. For donations up to $100,000, the Foundation must seek and obtain the City Manager’s approval. For donations over $100,000, the Foundation must seek and obtain the City Council’s approval. For all such donations, the City, the Foundation and the individual donor must execute a donation agreement, governing the terms and conditions of the naming rights opportunity. The City, the Foundation, and representatives from Mr. Lee are currently working out the details of a donation agreement which is expected to be brought back to the City Council for consideration in the near future. Under the MOU, City approval is not required for dedication plaques, engraved tiles/brick or donor walls.
Finally, although it is expected that the fundraising efforts will be accomplished well before then, the term of the MOU is ten (10) years.
Item 1M - 3
ENVIRONMENTAL IMPACT:
This MOU is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq.)(“CEQA”) because it merely establishes a funding mechanism for the proposed restoration of the Plaza Theatre, and environmental review required under CEQA will be performed such restoration is more defined. (Kaufman & Broad- South Bay, Inc. v. Morgan Hill Unified School District, (1993) 9 Cal.App.4th 464).
FISCAL IMPACT:
The MOU proposes an initial transfer of $165,100, another in the amount of $75,000 this fiscal year, and future annual contributions, in the amount of $50,000 for the following four (4) fiscal years (Fiscal Years 22/23, 23/24, 24/25, and 25/26), for a total of $440,100. This “seed money” is expected to yield private fundraising efforts by the Foundation, in order to meet the needs of the Theatre’s restoration, which are estimated to be $10M-$12M or more.
REVIEWED BY:
City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:
1. Memorandum of Understanding.
Item 1M - 4
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE PALM SPRINGS PLAZA THEATRE FOUNDATION
AND
THE CITY OF PALM SPRINGS
This Memorandum of Understanding (“MOU”) , by and between the City of Palm Springs (the “City”), and The Palm Springs Plaza Theatre Foundation (the “Foundation”), and together known as the “Parties,” establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper. This MOU shall be effective on th e date (“Effective Date”) that it is signed by both Parties, following any legally required approval by the governing bodies of the Parties.
RECITALS
WHEREAS, the City is a charter city and California municipal corporation;
WHEREAS, the City is the owner of the historic Plaza Theatre, located at 128 South Palm Canyon Drive, Palm Springs California (the “Plaza Theatre”);
WHEREAS, the City acquired the Plaza Theatre from the former Palm Springs Community Redevelopment Agen cy, with the understanding that the City will assume the financial responsibility of the renovations after the acquisition and that the City will secure a new operator with conditions that the Plaza Theatre will be maintained as a historic structure and pe rforming arts venue;
WHEREAS, the Foundation was established as a nonprofit public benefit corporation in the State of California on October 21, 2021;
WHEREAS, the Foundation was created to raise funds to support the historic restoration , operation and ongoing maintenance of the Plaza Theatre;
WHEREAS, the Foundation intends to solicit donations for the Plaza Theatre from individuals, organizations and corporations and recommend to the City that the Plaza Theatre and individual Plaza Theatre amenities be named for specific donors depending on the amount donated;
WHEREAS, the Foundation intends to use the donations received, over and above those necessary to restore the Plaza Theatre, to fund an endowment, the income from which will be used to support the Plaza Theatre’s operation and maintenance of the Plaza Theatre;
WHEREAS, the Parties desire to enter this memorandum of understanding, to ensure the historic restoration, operation and ongoing maintenance of the Plaza Theatre and define the responsibilities of the Parties to each other in accomplishing this purpose.
Item 1M - 5
AGREEMENT
Now, therefore, in consideration of the above, both Parties agree to:
• Foster a strong and cooperative relationship through regular coordination of the Foundation’s and the City’s plans, budgets, resources, events, and programs and make timely decisions on said matters.
• Publicize the community benefits associated with the historic restoration, operation and ongoing maintenance of the Plaza Theatre.
• Conduct all financial affairs with transparency.
• Document and/or coordinate mutually agreed upon items and share helpful or pertinent information.
• Comply with all federal, state, and local laws and regulations.
In consideration of the Foundation’s voluntary contributions to the Plaza Theatre (i.e. services and/or donations), and City’s contributions to defray the costs of starting the Foundation and in recognition of the Foundation’s contributions, the Parties agree as follows:
I. OBLIGATIONS OF THE CITY
a. Governance/Administration
i. Grant the Foundation permission to use the name , likeness and logo of the City (and the Theatre, if developed) for uses that support the Plaza Theatre mission, programs, and objectives.
ii. Recognize the Foundation as a separate, legal entity.
b. Coordination
i. Assign a Plaza Theatre Liaison to the Foundation as the primary point of contact to coordinate, communicate, and meet regularly to discuss the plans and needs of the Plaza Theatre and the Foundation.
ii. Provide support for mutually agreed upon Foundation programs, budgets, projects, fundraising activities, and/or reports.
iii. Provide staff consulting and technical assistance for mutually agreed upon improvement programs and projects whenever possible. iv. Assist Foundation’s coordination with other agencies, as needed. v. Hold a regular meeting, at a minimum annually, between the City Manager and the Foundation to discuss matters mutually agreed upon between the City and the Foundation.
c. Finances
i. P rovide, at least annually, reports on the Foundation’s donations to the City.
Item 1M - 6
ii. Provide annual reports on the City’s expenditure of the Foundation’s donations to the Plaza Theatre.
iii. Any funds provided to the City under this MOU shall be used solely to fund the historic restoration, operation and ongoing maintenance of the Plaza Theatre.
d. Maintenance Standards
i. Except as may be set forth in one or more Facility Use Agreements, the City shall be solely responsible for maintaining the Plaza Theatre in good condition, substantial repair, in a safe, clean and sanitary condition, and in compliance with all rules, regulations, ordinances, or laws. e. Services offered to Foundation
i. Provide space at the Theatre, as well as program and maintenance support for activities and other Plaza Theatre improvement projects, to include meeting, program, fundraising, and event space at mutually agreed upon times at the Plaza Theatre. To the extent the Theatre is used, either by Foundation itself (i.e., for meetings or events), or by third parties (i.e., for fundraising events), any such use shall be subject to a Facility Use Agreement, in a form approved by the City Attorney and City Manager. ii. Promote the Foundation’s presence and programs , as permitted. iii. Publicly recognize the work, contributions, services, and/or donations received directly or indirectly from the Foundation.
iv. The City will coordinate with the Foundation to erect and/or install signage and other Plaza Theatre Elements (as defined in paragraph III.a, below) at the Plaza Theatre. The approval, permitting and display of such signage and other monuments shall be subject to the City’s laws and regulations.
Foundation will pay for the signage and other monuments and City shall provide personnel to assist in erecting and or install the signage and other monuments at the Plaza Theatre.
v. Transfer of Existing Donations. In addition to the amounts set forth in Subsections vi. tThrough viii. bBelow, upon the full execution of this MOU by the Parties, the City shall transfer to the Foundation the funds that are existing within the City’s Plaza Theatre donation fund, currently One Hundred Sixty Five Thousand One Hundred Dollars ($165,100). Such amounts may be used by the Foundation for any purpose that is consistent with the Foundation’s corporate purposes.
vi. Start-up contribution. The City will appropriate Seventy Five Thousand ($75,000), in the City’s Fiscal Year 2021/22 budget, to the Foundation for the start-up costs of starting the Foundation, including costs associated with incorporation, non-profit and tax deductible registration, communications, fundraising efforts, etc.
vii. Start-up assistance. The City will provide the Foundation with legal assistance involved in incorporating and registering with the Internal Item 1M - 7
- -
Revenue Service (IRS) and California Franchise Tax Board (FTB) as a non-profit organization.
viii. Ongoing Contributions. Subject to appropriation by the City Council, the City shall contribute an annual amount of Fifty Thousand Dollars ($50,000) for the ongoing support of the Foundation, for a period of no less than four (4) additional years (City’s Fiscal Years 22/23, 23/24, 24/25, and 25/26).
II. OBLIGATIONS OF THE FOUNDATION
a. Governance/Administration
i. Register with the Internal Revenue Service (IRS) and California Franchise Tax Board (FTB) as a non -profit organization, and maintain such status . ii. Meet federal, state and local charitable solicitation requirements , if the Foundation solicits funds.
iii. Obtain and maintain any necessary permits, licenses, special insurance, equipment, and inspections for Foundation programs, activities, or events and pay associated costs or fees, if any.
iv. Authorize the City to use the name and logo of the Foundation to promote the Foundation and its activities.
v. Upon dissolution, donate any remaining funds pursuant to the terms of the Foundation’s Articles of Incorporation and Bylaws.
b. Coordination
i. Work with the Plaza Theatre Liaison to coordinate on Plaza Theatre plans, programs, needs, and projects.
ii. Coordinate fundraising activities on Plaza Theatre property with the Site/Program Liaison.
iii. The Foundation shall provide an annual statement to the City showing all donations, disbursements and funds held. This statement shall be provided to the City on February 1 of each year. Foundation shall provide any financial records requested by the City within 30 days following such request.
c. Finances
i. Comply with all IRS and FTB non-profit requirements to remain in good standing.
ii. Donate interest on the funds to the City to support the operation and ongoing maintenance of the Plaza Theatre .
iii. Donate specific, individual donations for the purchase and/or design and construction of Plaza Theatre features, as set forth in paragraph IV, below .
III. NAMING RIGHTS FOR SPECIFIC PLAZA THEATRE AND ITS ELEMENTS Item 1M - 8
a. Right to Issue Naming Rights. The Parties acknowledge and agree that the Foundation will be better able to support the renovation and continued operation and long- term maintenance of the Plaza Theatre if it is able to raise funds through the issuance of naming rights for the Plaza Theatre and its component parts (“N aming Rights Opportunities ”). Examples of potential Naming Rights Opportunities include, but are not limited to, the Theatre itself, the lobby, the seats, stage, entry patio, (the “Plaza Theatre Elements”). To the extent permitted by law, and subject to the City’s prior approval, as set forth in paragraph (c), below, the Foundation shall have the right to issue Naming Rights Opportunities to the Plaza Theatre and the Plaza Theatre Elements.
b. Term of Naming Right. The name will be affiliated with the Plaza Theatre Element for the useful life of the Plaza Theatre Element. If the Plaza Theatre Element must be replaced or substantially repaired, it may be renamed for a new donor. The Foundation’s successors in interest or assigns shall assume the rights and obligations of this MOU. Th e Naming Rights Opportunity may be terminated under the following circumstances:
i. Foundation and the City shall each individually retain the right to rescind the naming rights if, in their sole discretion, it is determined that (i) a previously - approved name has become inappropriate due to subsequent criminal acts or acts of moral turpitude of the Donor or the person or entity honored by the issuance of the naming rights, (ii) a Donor has failed to meet its financial obligations relating to a pledged donation, or (iii) any other factor relating to the Donor, the honoree, or the donation has arisen that would discredit the Foundation, the Plaza Theatre, or the City and/or is contrary to the City’s interests. c. City’s Prior Approval. Prior to issuing any Naming Rights O pportunity, the Foundation shall obtain the City’s written approval of the Naming Rights Opportunity, including as applicable, the proposed location, size, type of opportunity, any required signage/installation, expected donation amount, and the donor’s name. The City shall have thirty (30) calendar days to review and approve or deny any proposed Naming Rights Opportunity. i. The City’s City Manager has the authority to approve or disapprove a proposed Naming Rights Opportunity up to $100,000.
ii. Naming Rights Opportunities in excess of $ 100,000 shall require specific approval by the City’s City Council.
iii. The Foundation shall not be required to obtain City approval for dedication plaques, engraved tiles or bricks or donor walls. Such features shall be consistent with the design and functionality of the Plaza Theatre. d. Proceeds from Naming Rights. Other than reasonable Foundation operating expenses, the Foundation will use all donations it receives for the benefit of the Plaza Theatre, including the historic restoration, operation and ongoing maintenance of the Plaza Theatre. In the event the Foundation is dissolved, all Foundation assets will be distributed pursuant to Article VI of the Articles of Incorporation of The Palm Springs Plaza Theatre Foundation.
Item 1M - 9
e. Costs. Any direct costs incurred in connection with the issuance of Naming Rights Opportunities shall be assumed and paid entirely by the Foundation or by Donors. As further described below, this includes, without limitation, the cost of signage, plaques, name plates, changes in lighting, and the like, and the cost of any marketing materials or events required to identify and engage prospective donors.
f. No Property Interest. Notwithstanding any provision of this MOU, the Parties do not intend to convey any ownership or other interest in the Plaza Theatre and nothing in this MOU or any donation agreement shall be construed or interpreted as a grant of easement or any other interest in any property, including any portion of the Plaza Theatre. If this MOU or any provisions of this MOU are construed or interpreted by a court of competent jurisdiction as conveying an interest in real property among the Parties, this MOU shall immediately become of no further force or effect, without notice to or action by any Party.
IV. DONATIONS TO FUND PLAZA THEATRE ELEMENTS
a. It is understood that the Foundation shall have the right to solicit donations that are designated by an individual donor (the “Specific Donation”). The Specific Donation can be designated by the individual donor toward the Foundation’s endowment or for use towards the purchase and/or design and restoration of the Plaza Theatre, or the construction and installation of any Plaza Theatre Element. The individual donors and any conditions attached to the Specific Donation shall be consistent with the goals, values and objectives of the City and The Palm Springs Plaza Theatre Foundation and the design and functionality of the Plaza Theatre.
V. DONATION AGREEMENTS
Prior to acceptance of any Donation pursuant to Section I II or IV, above, the City, the Foundation and the individual Donor shall separatel y execute an agreement regarding the terms and conditions attached to the Naming Rights Opportunity or Specific Donation.
V I . INSURANCE
The Foundation will obtain and maintain insurance coverage in amounts and of the types (i.e. general liability and directors and officers) as required by the City’s Risk Manager, based on the Foundation’s structure and activities.
VII. AMENDMENT, RENEWAL AND TERMINATION
a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on the expiration of t en (10) years following the Effective Date (“the Expiration Date”). Either party may renew this MOU for an additional period of ten (10) years to commence upon the Expiration Date. To exercise this option to renew, a party must deliver to the other party a written notice of its exercise of the option to renew at least sixty (60) days prior to the Expiration Date.
b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties.
Item 1M - 10
c. This MOU may be terminated by either Party upon 30 days written notice.
d. Distribution of Proceeds Upon Expiration of the Term or Termination. At the expiration of the term or in the event of termination, all Foundation assets shall within forty-five (45) days be transferred to either the City or to another nonprofit fund, foundation or corporation to be used solely for operation and maintenance of the Plaza Theatre.
VIII. INDEMNITY
a. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys’ fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying party’s negligent or wrongful acts or omissions arising from its respective activities pursuant to this MOU.
IX. DISPUTE RESOLUTION
a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek any available remedy without waiting to complete the informal meet and confer process.
X. GENERAL PROVISIONS
a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of the Foundation and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and the Foundation understand, acknowledge and agre e that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The City and the Foundation understand, acknowl edge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein.
Item 1M - 11
d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. e. Warranty of Authority. The persons executing this MOU on behalf of the City and the Foundation represent and warrant that they are duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. d. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU.
e. Notices. All notices, demands and communications between the City and the Foundation shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid), Federal Expr ess, electronic mail, or any other reliable private express delivery service to the following addresses:
City of Palm Springs The Palm Springs Plaza Theatre Foundation 3200 E. Tahquitz Canyon Way 3390 University Ave., 5
th Floor
Palm Springs, CA 92262 Riverside, California 92501
[email protected]
Attn: J.R. Roberts
The foregoing names, addresses may be changed at any time by written notice, as provided above. f. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premise that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. g. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original.
IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date.
SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE PALM SPRINGS PLAZA THEATRE FOUNDATION
Item 1M - 12
AND
THE CITY OF PALM SPRINGS
THE PALM SPRINGS PLAZA
THEATRE FOUNDATION
CITY OF PALM SPRINGS
By: ___________________________
J.R. Roberts, President
Date: ___________________
By: ___________________________
Justin Clifton, City Manager
Date: ___________________
By: ___________________________
Name: ________________________
Secretary
Date: ___________________
ATTEST:
By: ___________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
By: ___________________________
Jeffrey S. Ballinger
City Attorney
Item 1M - 13
Item 1M - 14
CITY COUNCIL STAFF REPORT
01/27/2022 1. N.
City Clerk -
SUBJECT
APPROVAL OF A SECOND AMENDMENT TO CONTRACT SERVICES
AGREEMENT (A6973) WITH R & R JANITORIAL, AN INDIVIDUAL COMPANY,
FOR JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
RECOMMENDATION:
Approve a Second Amendment to Contract Services Agreement (A6973) with R & R Janitorial for an annual increase of $104,821.44, and a total annual contract amount not to exceed $540,997.45, to cease janitorial services at the former Police Department Downtown Substation (located at 105 S. Indian Canyon Drive) and for the addition of janitorial services provided at the new Downtown Park Restrooms, new Police Department Substation, Plaza Theatre, and Downtown trash removal.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: JAN
UARY 27, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF A SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT (A6973) WITH R & R JANITORIAL, AN INDIVIDUAL
COMPANY, FOR JANITORIAL SERVICES FOR VARIOUS CITY
FACILITIES
FROM: Justin Clifton, City Manager
BY: Depar
tment
of Maintenance and Facilities
SUMMARY:
This it
em will amend the Contract Services Agreement (A6973) with R & R Janitorial by expanding their services to include the newly constructed Downtown Park Restrooms, new Police Department Substation, Plaza Theat re, Downtown trash removal , and to cease janitorial services at the former Police Department Downtown Substation (located at 105 S. Indian Canyon Drive) at an additional annual cost of $104,821.44, for a total annual contract amount not to exceed $540,997.45.
RECOMMENDATION:
1. Approve a S
econd Amendment to Contract Services Agreement (A6973) with R & R Janitorial for an annual increase of $ 104,821.44, and a total annual contract amount not to exceed $540,997.45, to cease janitorial services at the former Police Department Downtown Substation (located at 105 S. Indian Canyon Drive) and for the addition of janitorial services provided at the new Downtown Park Restrooms, new Police Department Substation, Plaza Theatre, and Downtown trash removal (Attachment A); and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A searc
h of records available through the Secretary of State of California shows a Statement of Information filed on August 31, 2017 identifies Refugio Valtierra and Reyna Valtierra as the sole owners. A business disclosure form is included as Attachment B.
Item 1N - 1
BACKGROUND:
On May 3, 2
017, Council awarded a multi-year Contract Services Agreement in the amount of $373,520.88 to the lowest responsive bidder, R & R Janitorial, an individual company. The initial three-year contract for Janitorial Services has two one-year renewal options that have been exercised. The table below identifies the original facilities included in the Request for Proposals.
Various City Facilities
City Hall City Yard
Fleet Operations Police Headquarters
(Original) Downtown Police Substation Downtown Parking Structure Main Library Fire Dept. Administration Headquarters
Pavilion Leisure Center
Swim Center Demuth Community Center
Desert Highland Unity Center Ruddy’s General Store
Welwood Murray Memorial Library Palm Springs Animal Shelter Village Fest Restroom Trailer Palm Springs Train Station Park Restrooms
Sunrise Park Demuth Concessions
Ruth Hardy Park Victoria Park
Demuth Park Restrooms Various other locations
On April
4, 2018, City Council approved Amendment No. 1, Attachment C, to expand janitorial services to include the facility for the Department of Special Programs Compliance as well as additional services for Fire Stations 1, 2, 3, 5, and the Fire Training Center, for a total annual increase of $35,491.40, and a total annual contract amount not to exceed $409,012.28.
On May 11, 2020, the City and Contractor extended Contract Services Agreement A6973 one additional year from July 1, 2020 through June 30, 2021. In accordance with Section
3.4 of A6973, t he CPI adjustment effective July 1, 2020 was 0.7%, or $2,863.09, for a total annual contract amount not to exceed $411,875.37.
City and Contractor entered the second of two, one-year year optional renewals effective July 1, 2021 through June 30, 2022, subject to a CPI adjustment of 5.9%, or $24,300.65, for a total annual contract amount not to exceed $436,176.01.
STAFF ANALYSIS:
Staff has
identified the need to cease janitorial services at the former Police Department Downtown Substation (located at 105 S. Indian Canyon Drive) and add janitorial services at the Plaza Theat re, new Downtown Park Restrooms, new Police Department Substation, and Downtown refuse removal, as identified below:
Item 1N - 2
Location Monthly Annually
Plaza Theatre (weekly cleaning) $400.00 $4,800.00
Plaza Theatre (monthly cleaning) $360.00 $4,320.00
Downtown Park Restrooms
(7 days a week, including holidays)
Cleaning and restocking supplies
$1,650.00 $19,800.00
Downtown Police Dept. Substation (M, W, & F)
Cleaning and restocking supplies
$1,750.00 $21,000.00
Downtown Trash Removal (W, F, ST, & SN)
Empty trash & recycling bins
(180) 3pm-5pm and 8pm-10pm
$5,000 $60,000.00
Police Department Downtown Station (105 S.
Indian Canyon Drive) remove
(424.88) (5,098.56)
Total $8,735.12 $104,821.44
R & R Janitorial quotes are included as Attachment D.
ENVIRONMENTAL AS SESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 (h) projects consist of the maintenance of existing landscaping and native growth; therefore, award of the landscape and grounds maintenance services contract is considered categorically exempt from CEQA.
FISCAL IMPACT:
Suffici
ent funds are available in Facilities Maintenance Account No. 5206570-40105 and Parks Maintenance Account No. 1006540-40105.
REVIEWED BY:
Department Director: Staci A Schafer
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:
A. Amendment No. 2.
B. Business Disclosure.
C. Amendment No. 1.
D. Quotes.
Item 1N - 3
ATTACHMENTS
Item 1N - 4
AMENDMENT #2 TO CONTRACT SERVICES AGREEMENT NO. A6973
WITH R&R JANITORIAL SERVICES
FOR JANITORIAL SERVICES
This Amendment No. 2 to the Contract Services Agreement (A6973), (“Amendment No. 2”), is made and entered into this _____ day of _____________, 2022 , by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and R&R Janitorial, a sole proprietor, hereinafter designated as the Contractor.
RECITALS
A. City has
determined that there is a need for Janitorial Services at various City owned facilities (hereinafter “Janitorial Service”), and on May 03, 2017, the City Council approved a Contract Services Agreement (A6973) with Contractor to provide Janitorial Services.
B. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Amendment.
C. On June 20, 2018, City and Contractor entered into Amendment No. 1 to provide janitorial services of the City of Palm Springs Vacation Rentals Office, and additional janitorial services for Fire Stations No. 1, 2, 3, 5, and Fire Training Center, for an annual amount not to exceed $35,491.40.
D. City desires C
ontractor cease services to Police Downtown Station (located at 105 S. Indian Canyon Drive) and to provide the additional services to Plaza Theater, Downtown Park Restrooms, Downtown PD Substation, and Downtown Trash Removal, as identified below and in Exhibit A-1 “Scope of Services,” for total of $104,821.44 annually:
Location Monthly Annually
Plaza Theater (weekly) 400.00 4,800.00
Plaza Theater (monthly) 360.00 4,320.00
Downtown Park Restrooms (7 days a week, including holidays) 1,650.00 19,800.00 Downtown PD Substation (M, W, & F) 1,750.00 21,000.00
Downtown Trash Removal (W, F, ST, & SN) 5,000.00 60,000.00 Police Substation (105 S. Indian Canyon) remove (424.88) (5,098.56) Total $8,735.12 $104,821.44
In consider
ation of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
Item 1N - 5
AGREEMENT
SECTION 1 – “2.1 Maximum Contract Amount” is hereby replaced in it’s entirely to read:
For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit D-1 and incorporated in this Agreement by reference. Compensation shall not exceed the max imum contract amount of Five Hundred Forty Thousand Nine Hundred Ninety-Seven Dollars and Forty-Five Cent ($540,997.45) per year for the initial three (3) year term (“Maximum Contract Amount”), except as may be provided under Section 1.8. At the City’s sole discretion, the Maximum Contract Amount may be increased annually by an amount not to exceed Fifty Thousand Dollars ($50,000.00) for those certain optional tasks identified on Schedule I - Options Pricing Sheet, of Exhibit “D -1”. The method of compensation shall be as set forth in Exhibit D-1.
Pursuant to Section 3.4 of this Agreement, should the City elect to exercise the option to extend this Agreement for an additional one (1) year period, the contract prices identified on the Base Schedule Pricing Sheet and Schedule I - Options Pricing Sheet may be adjusted annually effective July 1, subject to the percentage change in the Unites States Bureau of Labor Statistics Consumer Price Index (CPI) “All Urban Consumers for Los Angeles, Riverside and Orange County, CA” for the most recent twelve months for which statistics are available.
The Maximum Contract Amount as referenced herein shall be adjusted by the corresponding CPI adjustment for each year an optional extension to the Agreement is thereby exercised.
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city’s payment obligation under this section is the amount specified in this Agreement. If the City’s maximum payment obligation is reached before the Contractor’s Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.
SECTION 2 – “Exhibit A-1 Scope of Services” is amended to include:
• Plaza Thea
ter (Weekly cleaning):
o Make sure outside of theater is presentable
Item 1N - 6
o Remove trash (outside)
o Pressure-wash all needed areas
o Disinfect outside areas
o Check inside areas
• Plaza Theater (Monthly cleaning):
o Restrooms
o Vacuum
o Disinfect lobby counters
o Mog stage
o Clean windows
o Remove cobwebs
• Downtown Park Restrooms (7 days a week, including holidays, cleaning):
o Restocking including toilet paper, seat covers, and hand soaps o Clean and disinfect restrooms
o Fill hand soap dispensers
o Clean floors
o Close restrooms at 10:00 PM
• Downtown Police Substation (3 days a week: Monday, Wednesday, and Friday):
o Restocking restroom including toilet paper, seat covers, hand soaps, and hand towels.
o Clean and disinfect restrooms
o Vacuum
o Mop floors
3 Times a year
o Shampoo carpets
o Clean floors
o Clean inside and outside windows
• Downtown Trash Removal - 180 Bins (4 days a week: Wednesday, Friday, Saturday, and Sunday):
o 3:00 PM – 5:00 PM
o 8:00 PM – 10:00 PM
o Empty trash and recycle bins when full or more than half full o Pick up trash from around trash cans
SECTION 3 – “Exhibit D-1 Schedule of Compensation” is hereby replaced in its entirety by Attachment No. 1, “Revised Exhibit D-1 Schedule of Compensation”.
Item 1N - 7
Except as specifically amended by this Amendment #2 , all terms and provisions of Agreement No. 6973 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
Item 1N - 8
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below.
“CITY”
City of Palm Springs
Date: _________________________ By: _____________________________ Justin Clifton, City Manager
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _____________________________ Jeff Ballinger, City Attorney Anthony J Mejia, MMC, City Clerk “CONTRACTOR”
R&R Janitorial Services.
Date: __________________________ By:
Refugio Va ltierra, President
Date: __________________________ By:
Check one: __I
ndividual __Partnership __Corporation
Corporations require two notarized 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.
Item 1N - 9
Attachment No. 1
Item 1N - 10
Item 1N - 11
Exhibit "0.1••
Schedule of Compensation
Firm fixed price per square foot, per month for providing Janitorial Services, as specified, for the following buikiings for initial three (3) year Contract term·
l ocation $Per SQ FT Units Monthlv Annual
City Hall $.085/sf 36,536 sf $3,311.81 $39,741.71
City Yard $.17/sf 5,400 sf $978.97 $11,747.61
Fleet Operations $.45/sf 1,810 sf $868.59 $10,423.12
Police Department $.96/sf 42,425 sf $4,343.29 S52, 119.44 Police Downtown Station $.22/sf 1,811 sf $424.88 $ 5,098.56 Main Library $.78/sf 32,500 sf $2,703.36 $32,440.28
Fire Station #2 (admin off.) $0.13/sf 4160 sf $576.72 $6,920.59 Pavilion $.10/sf 18,736 sf $1,998.03 $23,976.38
Leisure Center $.15/sf 8501 sf $1 359.84 S16 318.04
SWim Center $.98/sf 1,320 sf $1,379.51 $16,554.14
Demuth Community Center $.12/sf 12,600 sf $1,612.42 $19,349 .00 Desert Highla nd Center $.13/sf 10,215 s f $1,416.14 $ 16,993.72 Train Station $4.50/sf 120 sf $575.86 $6,910.36
Downtown Parking Structure $.12/sf 11,111 sf $1,421.87 $17,062.44 Rudy's Store $.13/sf 900 sf $124.77 $1,497.24
Welwood Murray Library $.20/sf 5058 s f $1,078.78 $ 12,945.40 Animal Shelter $.31/sf 4904 sf $1,621.20 $19,454.44
Villaae Fest Restroom Trailer $.63/sf 160 sf $107.49 $1 289.93 Victoria Parle Restrooms $16/dav 30 da"~ $511.88 S 6 142.54 Sunrise Park Restrooms $16/day 30 days $511.88 $6,142.54 North West Side Restroom $14/day 30 days $447.89 $5,374.72 Ruth Hardy Park Restrooms $18/day 30 days $575.86 $6,910.36 Demuth Parle Restrooms $11/day 30 days $351.92 $4,223.00 West Side Ball Field 7 &8 Re s trooms $ 18.67/day 30 days $597.30 $7,167.58 AYSO Restrooms $18.67/day 30 days $597.30 $7,167.58
East Side Restrooms $15.34/day 30 days $490.76 $5,889.16 Blue Block: Famitv Restroom $19/dav 30 da"~ $607.86 $7,294.26 Floater $2,436/yr 1 Month $2,597.78 S31, 173.38
IOtal ;Jt.l.lJ l :,tJ, :,tD :..:,:,,01 ..lLl , ::>L
Amendment tJo. 1
l ocation Frequency Unit Cost Monthly Annual
City Yard Vacation Rentals Weekly (M-Th) $950/mo $1,013.09 $12,157.11 City Yard Vacation Rentals 3 timestyear $602 ea $160.50 $1,925.94 Training Center one time/year $1,204 ea $107.00 $1,283.96 Fire Station #1 2 timestyear $2979.25 ea $529.52 $6,354.22 Fire Station #2 2 timestyear $2986.25 ea $530.76 $6,369.15 Fire Station #3 2 timestyear $2920.5 ea $519.08 $6,228.92 Fire Station #5 2 timestyear $1654.7 ea $294.10 $ 3,529.19 Amendment Ho. 1 $3,154'°4 $37,848.49
Amendment Ho 2
l ocation Frequency Unit Cost Monthly Annual
Downtown Park Restroom 7 days/week (including holidays) s 1,650.00 s 1,650.00 s 19,800.00 Downtown Sub Station 3 times/week (M, W, & F) s 1,750.00 s 1,750.00 s 21,000.00 Downtown Trash/Recycling 4 times/week (W, F, ST, SN) s 5,000.00 s 5,000.00 s 60,000.00 Plaza Theater 4 timestmonth s 400.00 s 400.00 s 4,800.00 Plaza Theater Monthly s 360.00 s 360.00 s 4,320.00
Police Downtown Station 1,811 sf (Remove ) $.22/sf s (424.88) s (5,098.56) Total Amendment No. 2 Annually $8,735.12 $104,821.44
REVISED TOT AL CONTRACT S 540,997.45
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
I 1. Name of Entity
2. Address of Entity (Principle Place of Business)
·g249 I GAYZDsl\J A\/£
\ft> 0 C vt- 2;
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State (J�� ft(4) \ A
5. Type of Entity
D Corporation D Limited Liability Company \P 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 � ...... -..,.___..._N ..... \'i ____ \l_Al; __ J ___ }-E\< __ fil ______ D Officer D Director D Member D Manager [name]
Ll&1 General Partner D Limited Partner
□Other _____________
-���-6-lo __ �_l_�_T_\_�--ru�---□� □��□��□��
lname)
�eneral Partner D Limited Partner
□Other ____________ _
_________________ D Officer D Director O Member O Manager (Revised 05/16/19)
[name]
D General Partner O Limited Partner
□Other ___________ _
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1N - 12
No
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
�� \JfiQ1e
[name of ownerfrweitor]
fi:t:Jo � :TI�\j[f\a\.. �Ur£
[percentage of b;;;;(ciat interest in entity
and name of entity]
B.
�f:J\O ��\a� DD:l� �f- �r\telf}L�l(
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
D.
[name of owner/investor] [percentage of beneficial Interest in entity and name of entity]
E.
[name of owner/Investor] [percentage of beneficial Interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Date I \ � \ \\ ?r)oo
PENALTIES
Falsification of information or failure to report information required to be reportec:t may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
s--
Item 1N - 13
I
AMENDMENT #1 TO CONTRACT SERVICES AGREEMENT NO. A6973
WITH R&R JANITORIAL SERVICES
FOR JANITORIAL SERVICES
This Amendment No. 1 to the Contract Services Agreel!Jj:nt {A6973), ("Amendment No. 1"), is made and entered into this d{)1½ day of cYLNJ,e....- 2018, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and R&R Janitorial Services, a sole proprietor, hereinafter designated as the Contractor.
RECITALS
A. City has determined that there is a need for Janitorial Services at various City owned facilities (hereinafter "Janitorial Service11 ), and on May 03, 2017, the City
Council approved a Contract Services Agreement (A6973) with Contractor to provide Janitorial Services.
B. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
C. City desires to retain Contractor to provide the additional services, as identified below and in Exhibit A-1 "Scope of Services/' for total of $35,491.40 per year:
• Weekly (Mon - Thurs) cleaning of City of Palm Springs Vacation Rentals Office
• Hard surface flooring, carpet, and window cleaning 3 times per year (February, June, October) for City of Palm Springs Vacation Rentals Office • Hard surface flooring, carpet, and window cleaning twice per year (January, June) for Fire Stations #1, #2, #3, and #5
• Hard surface flooring, carpet, and window cleaning once per year (June) for the Training Center
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
AGREEMENT
SECTION 1. SERVICES OF CONTRACTOR - "Scope of Services", "Exhibit A-1" Attachment is hereby replaced in its entirety, as attached hereto.
ORIGINAL BID
AND/OR AGREEMENT
Item 1N - 14
SECTION 2. COMPENSATION - 2.1. "Maximum Contract Amount"; "Schedule of Compensation": "Exhibit D-1" Attachment is hereby replaced in its entirely, as attached hereto.
SECTION 2. COMPENSATION - "2.1 "Maximum Contract Amount" is hereby replaced in its entirely to read:
For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit D-1 and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of Four Hundred Nine Thousand Twelve Dollars and Twenty Eight Cents ($409,012.28) per year for the initial three (3) year term ("Maximum Contract Amount"), except as may be provided under Section 1.8. At the City's sole discretion, the Maximum Contract Amount may be increased annually by an amount not to exceed Fifty Thousand Dollars ($50,000.00) for those certain optional tasks identified on Schedule I - Options Pricing Sheet, of Exhibit "D-1 ''. The method of compensation shall be as set forth in Exhibit D-1.
Pursuant to Section 3.4 of this Agreement, should the City elect to exercise the option to extend this Agreement for an additional one (1) year period, the contract prices identified on the Base Schedule Pricing Sheet and Schedule I - Options Pricing Sheet may be adjusted annually effective July 1, subject to the percentage change in the Unites States Bureau of Labor Statistics Consumer Price Index (CPI) "All Urban Consumers for Los Angeles, Riverside and Orange County, CA" for the most recent twelve months for which statistics are available. The Maximum Contract Amount as referenced herein shall be adjusted by the corresponding CPI adjustment for each year an optional extension to the Agreement is thereby exercised.
Compensation for necessary expenditures for reproduction costs, telephone expenses. and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's Item 1N - 15
maximum payment obligation is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.
SECTION 5. INSURANCE - 5.3.5 in "Other Insurance Requirements" is hereby replaced in its entirety to read:
Contractor has requested its insurer to modify its insurance endorsement cancellation provisions to delete any exculpatory wording and wording stating, in effect, that failure of the insurer to mail written notice of cancellation imposes no obligation on insurer. Contractor's insurer has refused to modify such language or guarantee that insured and the City, as additional insured, will be timely notified of any cancellation of Contractor's insurance required under this Agreement; particularly with respect to Business Automobile Insurance under 5.1.D. Therefore, Contractor now agrees that should any insurance policies under this Agreement be cancelled before the expiration date for any reason, Contractor shall immediately notify the City, as named additional insured, of the policy cancellation. Failure of Contractor to immediately notify the City of the cancellation of any required insurance by the issuing company shall be considered a material breach and default of this Agreement and all services provided by Contractor shall cease until such time as evidence of sufficient and comparable replacement insurance naming the City as an additional insured is provided to the City as a cure.
SECTION 9. CITY OFFICERS AND EMPLOYEES - 9.2 "Conflict of Interests, is hereby replaced in its entirety to read:
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 warra·nts 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.
SECTION 9. CITY OFFICERS AND EMPLOYEES - 9.3 "Covenant Against Discrimination" is hereby replaced in its entirety to read:
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), Item 1N - 16
sexual orientation, gender identity t gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal· Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in City contracting.
Item 1N - 17
IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below.
APPROVED AS TO FORM:
Date: __ \i ___ l.......,__{J........-lL& _____ _
Date: ____ lo ........ � ......... \,'--+-!
\ l-�---
Check one: _Individual _Partnership _Corporation
"CITY"
City of Palm Springs
"CONTRACTOR"
R&R Janitorial Services.
By:��.:7�
Refugio Valtierra, President
By:4%fft�
Reyna Valtierra, Vice P�t
Corporations require two notarized 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.
Item 1N - 18
Date: -- l{o\)o\ti \ -,-,.;..a;___
EXHIBIT "A-1"
Scope of Services
SCOPE OF WORK, SERVICES, OBJECTIVES, SPECIFICATIONS, AND LOCATIONS:
Generally, the scope of work consists of, but is not limited to, providing the regularly scheduled janitorial services and appropriate supplies to effectively and safely maintain a high level of cleanliness for specified City Facilities in accordance with the best standards of practice. It shall be the successful Contractor's responsibility to furnish at his/her own expense all tools, equipment, janitorial supplies, labor, fuel, materials, supervision and serv_ices necessary for the satisfactory performance of the work as set forth in these specifications.
A. LOCATIONS AND TOTAL AREA TO BE SERVICED
The total area to be serviced is estimated at 240,301 square feet with the breakdown per facility, shown in the table below, as well as details of the type of maintenance and frequ ency for the additional scope per Addendum #1:
Item 1N - 19
Scope of Services Table
Original Building/ Area/ Location
City Hall: 3200 East Tahquitz Canyon Way (80)
City Yard: 425 N.Civic Drive (40)
Fleet Bldg: 425 N. Civic Drive ( 16)
Police Dept.: 200 S. Civic Drive ( 130)
Police Jail: 200 S.Civic Drive (2)
Police Downtown Sub-Station: 105 S. Indian
Main Library: 300 S.Sunrise Way (20)
Fire Station #2: 300 N.EICielo (10) Admin only
Pavillion: 401 S. Pavillion Way (1)
Leisure Center: 401 S.Pavillion Way (13)
Swim Center: 401 S.Pavillion Way (5)
Demuth Community Center: 3601 E. Mesquite
Desert Highland Center: 480 Tramview Rd (3)
Train Station: 6001 Palm Springs Train Stn. Rd.
Downtown Parking Structure: 275 Indian Canyon
Rudy's Store: 211 S. Palm Canyon
Welvvood Murray Library: 100 S. Palm Canyon Dr.
Animal Shelter: 4575 East Mesquite Avenue
Village Fest Restroom Trailer: 425 N.Civic Drive
TOTALS:
Additional Building/ Area/ Location per Amendment #1
City Yard Vacation Rentals: 425 N. Civic Dr (8)
Training Center: 3000 E. Alejo Rd (4)
Fire Station #1: 77 N. Indian Canyon (10) Operations
Fire Station #2: 300 N. Cielo (10) Operations
Fire Station #3: 590 E. Raquest Club Rd (10) Operations Fire Station #5: 5800 Bolero Rd (10) Operations
TOTALS:
!Combined Total Original+ Amended Areas:
Notes:
1) r = rubber, v = vinyl, w = wood, c = concrete, cis = concrete/steel
2) The approximate number of persons based in each
facility is indicated in parentheses (next to each address).
Sq Ft Sq Ft for Wood,
Rubber, Vinyl,or Sq Ft Tile Carpet Concrete
33,658 2,878
2,300 3,100
3,150 2,700
26,630 8,275
7,520
1,620 191
31,564 936
3,715 445
4,490 10,126 [w] 4,120
1,602 2,648 [w] 4,251
1,320
12,600
2,289 6,782 [r] 1,144
120
11,023 [cis]
900 [w] 88
5,058 [c]
4,904
160 [v]
111,018 44,217 47,072
Total Sq Ft
1,200
3,750
5,364
18,109
5,807
3,764
37,994
240,301 I
Item 1N - 20
B. SUPPLIES TO BE PROVIDED BY CONTRACTOR
Contractor's base price shall include rest room supplies to be supplied in sufficient quantities as to be continuously available in all rest rooms included in this Contract. Quality shall not be less than that generally available in a first- class American hotel and shall be subject to the approval of the City's Director of Maintenance & Facilities. Supplies shall include the following:
Rest Room Supplies:
• Toilet Tissue, two ply-adequate to restock each dispenser twice a day • Hand Towels- adequate to restock each dispenser twice a day • Feminine sanitary supplies (napkins and tampons)
• (Vendor may recover ten cents per item via dispenser
charge)
• Commode seat covers--adequate to restock each dispenser twice a day • Commode and urinal deodorant bars
• Hand soap, lotion--adequate to restock each dispenser twice a day • Hand soap, foam-adequate to restock each dispenser twice a day • Hand sanitizer, gel
• Air Fresheners
• Waterless Urinal Traps
Other Supplies:
• Plastic Trash Liners (for ALL waste receptacles)
• Cleaners-Green Certified Products as applicable
• Disinfectants & Antimicrobial cleansers
• Strippers & Waxes
• Trash Bags for sanitary napkin disposal bins
Green Products
The City of Palm Springs is concerned with providing and maintaining a clean and safe environment for its employees, City Officials, and visitors. Therefore, the Contractor shall be required to implement a cleaning program where all chemicals and products will be classified as "Green". "Green Products" are described as those that are safe for the environment and safe for the end user. It is understood that not every cleaning function has an appropriate "green product," but the Contractor should routinely monitor the market for newer and safer chemicals to reduce employee and visitor exposure. The Contractor shall take a proactive role to achieve compliance in this area. In any event, the Contractor will provide the Director of Maintenance & Facilities with a complete list of cleaning products designating each product as green or non-green and the SOS sheets as required. All products shall be subject to approval by the City for their compliance Item 1N - 21
with this requirement. The City shall determine which certifications and or seal of green certifications are acceptable.
C. STANDARDS AND FREQUENCY OF JANITORIAL SERVICES FOR SPECIFIC
LOCATIONS
The following standards shall be used by the Contract Administrator in evaluating custodial service:
1. Dusting - A properly dusted surface is free of all dirt and dust, streaks, lint and cobwebs. Dusting will be accomplished with properly treated cloths.
2. Plumbing Fixtures and Dispenser Cleaning - Plumbing fixtures and dispensers are clean when free of all deposits and stains so that the item is left without dust, streaks, film, odor or stains.
3. SweepingNacuuming - A property swept floor is free of all dirt, grit, lint, insects and debris, except embedded dirt and grit.
4. Soot Cleaning - A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks.
5. Damp Mopping - A satisfactorily damp mopped floor is without dirt, dust marks, film, streaks, debris or standing water.
6. Metal Cleaning - All cleaned metal surfaces are without deposits or tarnish and with a uniformly bright appearance. The cleaner used is to be removed from adjacent surfaces.
7. Glass Cleaning - Glass is clean when all glass surfaces are without streaks, film deposits and stains, and have a uniformly bright appearance and adjacent surfaces have been wiped clean.
8. Floor Finish Removal (Stripping) - Removal is accomplished when surfaces have all finished removed down to the flooring materials including baseboards, are free of dirt, stains, deposits, debris, cleaning solution and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pick-up must follow finish removal operation immediately.
Item 1N - 22
9. Finished Floor (Application) - A Floor is satisfactorily finished when all old wax/polish has been completely removed, including in comers and along edges and sufficient coats of sealer and wax/polish have been properly applied with enough drying time between each coat to assure no streak�ng, bubbling, or yellowing.
10.Scrubbing - Scrubbing is satisfactorily performed when all surfaces are without embedded dirt, cleaning solution, film, debris, stains and marks, or standing water and the floor has a uniformly clean appearance. A plain water rinse must follow the scrubbing process immediately.
11. Buffing of Finished Floor Surfaces - All finished floor areas will be spray buffed sufficiently for maximum gloss, removal of surface dirt and have a uniform appearance. Only non-skid and City approved spray-buff products shall be used.
12. Wall Washing - After cleaning, the surfaces of all walls, ceilings, exposed pipes and equipment will have a uniformly clean appearance, free from dirt, stains, streaks, lint, and cleaning marks. Painted surfaces must not be unduly damaged. Hard finish wainscot or glazed ceramic tile surfaces must be bright, free of film streaks and deposits.
13. Spot Cleaning Carpets - A carpet adequately spot cleaned is free of all stains, deposits, gum, and spills. Care will be taken to use a product that will not harm the carpet fibers.
14. Janitorial Personnel - There is to be a janitorial person available during normal business hours Monday through Friday. Transportation is to be provided by the vendor/ personnel.
15. Welwood Murray Library - There are approximately 200+ patrons per day that visit the Welwood Murray Library, however there is no public restrooms made available for these patrons.
16. Public Restrooms - Engineering and Planning receives approximately 900- 1000 patrons per month that will impact the public restrooms outside of the Engineering and Planning Building. Approximately 400 patrons per day visit the Police Department.
Item 1N - 23
17. Swim Center - The Palm Springs Swim Center September thru May: Receives 75-150 patrons daily depending upon swim teams. June through August, Monday through Friday approximately 400 plus patrons visit daily. Weekends have less traffic as there are no summer camps using the pool.
18. Desert Highland Unity Center - There are approximately 100 users both male and female, Monday thru Friday that utilize the facility. Saturday and Sunday there are approximately 200-300 patrons at the facility.
19. Leisure Center - For all classes, staff and parents, approximately 150-200 patrons per day utilize this center.
20. Demuth Community Center - The Palm Springs Demuth Community Center receives 75-150 patrons daily.
21. Village Fest Restroom Trailer - Every Thursday during the Village Fest event, approximately 700+ patrons utilize the restroom trailer facility. Village Fest ends at 10: 00 PM every Thursday evening.
LOCATIONS:
CITY HALL, CITY YARD, FLEET OPERATIONS BUILDING, MAIN LIBRARY, PAVILION, LEISURE CENTER, SWIM CENTER, FIRE STATION #2
ADMINISTRATION, DEMUTH COMMUNITY CENTER, WELWOOD MURRAY LIBRARY, RUDY'S STORE AND TRAIN STATION.
GENERAL, EXECUTIVE, AND LOBBY AREAS OF THE FOLLOWING
LOCATIONS:
• CITY YARD, FLEET OPERATIONS BLDG, FIRE STATION #2
ADMINISTRATION TO BE CLEANED FOUR (4) DAYS PER WEEK-
MONDAY THROUGH THURSDAY
• MAIN LIBRARY, LEISURE CENTER, DEMUTH COMMUNITY CENTER, AND THE TRAIN STATION TO BE CLEANED SIX (6) DAYS PER WEEK-
MONDAY THROUGH SATURDAY
• CITY HALL, SWIM CENTER, WELWOOD MURRAY LIBRARY, AND
PAVILION TO BE CLEANED SEVEN (7) DAYS PER WEEK, INCLUDING
HOLIDAYS
• RUDY'S STORE: SEASONAL, SEPTEMBER 1 THROUGH JUNE 1, ONE
DAY PER WEEK
Item 1N - 24
• VILLAGE FEST RESTROOM TRAILER TO BE CLEANED EVERY FRIDAY
MORNING AFTER VILLAGE FEST EVENT
1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners, toilet paper and paper towels as needed. Remove trash to main waste storage area.
2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.
3. Clean and disinfect with damp cloth counters, public telephones and glass tops.
4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.
5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.
6. Vacuum carpeting (prior to 8 a.m. or after 5 p.m.), include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.
7. Dust mop hard surface floors; including stairs and landings.
8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.
9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.
10. Clean main entry door glass inside and out; spot clean other entry door glass.
11. All vinyl, wood and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
Item 1N - 25
• TO BE CLEANED WEEKLY ON THURSDAY:
1. Dust thoroughly desks ( except when laden with paperwork), tables, bookcases, lamps, and other office furniture.
2. Clean and mop all hard surface floors; insure high gloss shine.
3. Spot clean and damp wipe plastic, vinyl, and leather chairs and/or sofa backs, seats and arms.
4. Dust doors and doorframes.
5. Clean entry door metal, receptacles and thresholds.
6. Spot clean and vacuum carpeting (prior to 8 a.m. or after 5 p.m. ).
7. Damp wipe tables, tabletops and chairs and chair legs.
KITCHEN/LOUNGE, LOCKER, AND WEIGHT ROOM AREAS OF THE
FOLLOWING LOCATIONS:
• CITY HALL, CITY YARD, FLEET OPERATIONS BLDG, FIRE STATION #2 ADMINISTRATION TO BE CLEANED FOUR (4) DAYS PER WEEK-
MONDAY THROUGH THURSDAY
• MAIN LIBRARY AND LEISURE CENTER TO BE CLEANED SIX (6)
DAYS PER WEEK--MONDAY THROUGH SATURDAY
• SWIM CENTER AND PAVILION TO BE CLEANED SEVEN (7) DAYS PER
WEEK--INCLUDING HOLIDAYS
1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.
2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.
Item 1N - 26
3. Clean and disinfect with damp cloth all counters, public telephones, sinks and glass tops.
4_ Spot clean walls, woodwork, doors, and doorframes, and dust clean fingerprints, dust, soil, gum, etc.
5 _ Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.
6. Vacuum carpeting (prior to 8 a.m. or after 5 p.m_ ); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.
7. Dust mop hard surface floors; including stairs and landings.
8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.
9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.
10. Clean main entry door glass inside and out; spot clean other entry door glass.
11. All vinyl, wood, and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
• WEEKLY-TO BE DONE ON TUESDAYS (OR OTHER DAY MUTUALLY
AGREEABLE WITH THE CONTRACTOR AND THE CITY}:
1. Wipe clean sinks, drain boards, microwaves and counter tops.
2. Damp wipe tabletops and chairs.
3. Sweep and damp mop floors.
4. Vacuum carpeting.
5. Damp wipe and clean tops, sides and fronts of appliances (stove, refrigerator, dishwasher, microwave oven).
6. Dust weight room equipment.
Item 1N - 27
RESTROOMS OF THE FOLLOWING LOCATIONS:
• CITY YARD, FLEET OPERATIONS BLDG, FIRE STATION #2
ADMINISTRATION TO BE CLEANED FOUR (4) DAYS PER WEEK,
MONDAY THROUGH THURSDAY
·• MAIN LIBRARY AND LEISURE CENTER TO BE CLEANED SIX (6) DAYS
PER WEEK, MONDAY THROUGH SATURDAY
• CITY HALL, SWIM CENTER, PAVILION, AND ALL PARK RESTROOMS TO BE CLEANED SEVEN (7) DAYS PER WEEK, INCLUDING
HOLIDAYS
1. Empty and wipe clean (inside and out) all waste containers and remove trash to main waste receptacle.
2. Empty sanitary napkin containers and replace liner.
3. Polish all metal, mirrors and dispensers.
4. Clean and disinfect: Washbasins, counter tops, shower stalls toilet bowls (including underside and tops of seats) and urinals.
5. Spot dean walls around washbasin, dispensers and other fixtures.
6. Clean floor with germicidal solution.
7. Refill soap, sanitary napkin, towel, tissue, and toilet cover dispensers.
8. All vinyl and tile floors must be buffed on an "as need ed" basis to insure high gloss shine.
• WEEKLY - TO BE DONE ON TUESDAY (OR OTHER DAY MUTUALLY AGREEABLE WITH CONTRACTOR AND THE CITY):
1. Wash down tile walls and toilet parti tions.
2. High dust restroom walls.
3. Pour water down floor drains.
Item 1N - 28
4. Clean appropriately rest room chairs, sofas another furniture.
ALL LOCATIONS:
• TO BE CLEANED MONTHLY DURING THE FIRST WEEK OF THE
MONTH:
1. Dust mop spot clean and vacuum entire floor area.
2. High dust wall and ceilings.
3. Vacuum air grills.
4. Dust pictures, frames, clock, panel boxes, fire extinguisher and other wall fixtures.
5. Dust sides and tops of all lockers, file and storage cabinets; dust windowsills, shelves, and other ledges.
6. Polish meeting room and public area tabletops.
7. Clean public access partition glass inside and outside. • TO BE CLEANED THREE (3) TIMES PER YEAR DURING THE MONTHS OF FEBRUARY, JUNE, AND OCTOBER AT ALL LOCATIONS:
1. Strip, scrub and re-wax vinyl, tile and terrazzo floors with pre-approved product designated for type of flooring.
2. Scrub, mop and re-seal wood floors with pre-approved product designated for type of flooring.
3. Dust with a wall paneling with a cloth.
4. Vacuum all fabric walls, furniture and drapes.
5. Clean and polish all metal furniture.
Item 1N - 29
6. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings.
7. Damp wipe exterior surface of light fixtures.
8. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
9. Clean all windows and glass, inside and outside.
10. Clean all vertical blinds.
FOR THE FOLLOWING LOCATIONS:
POLICE DEPARTMENT (includes Sub-Station, Jail, and the Coachella Valley Narcotics Taskforce office area).
*Please note the Section D., Special Requirements, paragraph 2.3, for contractor's employees working in Police locations.
GENERAL, EXECUTIVE, AND LOBBY AREAS
• TO BE CLEANED FIVE (5) DAYS PER WEEK- MONDAY THROUGH
FRIDAY:
Special Note: The Coachella Valley Narcotics Taskforce (CVNT) offices located in the basement of the Police Department may ONLY be cleaned during NORMAL business hours:
1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles:
return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area. Empty all Recycled paper receptacles into large collection bins provided at each location by the city.
2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.
Item 1N - 30
3. Clean with damp cloth, counters, public telephones, and glass tops.
4. Spot clean walls, woodwork and doors; door frames and dust clean fingerprints, dust, soil, gum, etc.
5. Spot clean partition glass.
6. Vacuum carpeting (prior to 8 a.m. and after 6 p.m.).
7. Dust mop hard surfaces floors; spot mop where needed for drink spills, mud, etc.
8. Clean and polish drinking fountains and metal housings and trim removing smudges, and other marks.
9. Clean main entry door glass inside and out; spot clean other entry door glass.
10. · All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
RECORDS, COMMUNICATIONS, AND MAIN LOBBY AREAS:
• TO BE CLEANED SEVEN (7) DAYS PER WEEK {INCLUDING HOLIDAYS):
1. Empty and wipe clean (Inside and out) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.
2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.
3. Clean and disinfect with damp cloth all counters, public telephones and glass tops.
4. Spot clean walls, woodwork and doors, doorframes and dust clean fingerprints, dust, soil, gum, etc.
5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.
Item 1N - 31
6. Vacuum carpeting (prior to 8 a.m. or after 6 p. m.); include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.
7. Dust mop hard surface floors; including stairs and landings.
8. Mop hard surface floors where needed for drink spills, mud, remove gum, tar, etc.
9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.
10. Clean main entry door glass inside and out; spot clean other entry door glass.
11. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
• TO BE CLEANED WEEKLY ON FRIDAY:
1. Dust thoroughly desks ( except when laden with paperwork), tables, bookcases, lamps and other office furniture.
2. Damp mop all hard surface floors, including Police Department stairs and stairwell.
3. Damp wipe plastic, vinyl and leather chairs and for sofa backs, seats and arms.
4. Dust door and door frames.
5. Clean entry door metal and thresholds.
6. Vacuum carpeting (prior to 8 a.m. and after 6 p.m.), except Communications area. 7 _ Clean reception area partition glass, inside and out.
8. Damp wipe elevator car walls and handrails.
9. Vacuum elevator car floor and tracks.
10. Damp wipe stairway handrail.
Item 1N - 32
• TO BE CLEANED WEEKLY ON WEDNESDAY OR THURSDAY:
1. Vacuum carpeting in Communications area between 1 a.m. and 5 a.m.
KITCHEN/LOUNGE, LOCKER, WEIGHT ROOM AREAS
• TO BE CLEANED SEVEN (7) DAYS PER WEEK (INCLUDING HOLIDAYS):
1. Empty and wipe clean (inside and out) all wastepaper and trash receptacles:
return to original locations. Replace plastic liners as needed. Remove trash to main waste storage area.
2. Empty and wipe clean ashtrays; sift out cigarette butts and clean sand containers; pick up debris in smoke areas/urns and damp wipe exposed areas.
3. Clean and disinfect with damp cloth all counters, public telephones and glass tops.
4. Spot clean walls, woodwork and doors, door frames and dust clean fingerprints, dust, soil, gum, etc.
5. Spot clean interior glass/frames, sills, glass panels, side glass entry doors and partition glass.
6. Vacuum carpeting (prior to 8 a.m. or after 6 p.m.); include under. and around all furniture, spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc. 7 _ Dust mop hard surface floors; including stairs and landings.
8. Mop hard surface floors where needed for drink spills, mud; remove gum, tar, etc.
9. Clean and polish drinking fountains, metal housings and trim; remove smudges and other marks.
10. Clean main entry door glass inside and out; spot clean other entry door glass.
Item 1N - 33
11. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine. In past history, approximately 2 buffing's between re-coats to maintain a high gloss finish is necessary.
• TO BE CLEANED WEEKLY ON TUESDAYS (OR OTHER DAY MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE CITY):
1. Wipe clean sinks, drain board's microwaves, and counter tops.
2. Damp wipe table tops and chairs.
3. Sweep and damp mop floors, including weight room.
4. Vacuum carpeting, including Police Department locker room.
5. Damp-wipe and clean tops, sides and fronts of appliances (stove, refrigerator, dishwasher, microwave oven).
6. Dust weight room equipment.
RESTROOMS
• TO BE CLEANED SEVEN (7) DAYS PER WEEK (INCLUDING HOLIDAYS):
1. Empty and wipe clean (inside and out) all waste containers and remove trash to main waste receptacle.
2. Empty sanitary napkin containers and replace liner.
3. Polish all metal, mirrors and dispensers.
4. Clean and disinfect: wash basins, counter tops, toilet bowls (including underside and tops of seats) and urinals.
5. Spot clean walls around washbasin, dispensers and other fixtures.
6. Clean floor with germicidal solution.
Item 1N - 34
7. Refill soap, sanitary napkin, towel, tissue and toilet seat cover dispensers. • WEEKLY - TO BE DONE ON TUESDAYS {OR OTHER DAY MUTUALLY AGREEABLE TO CONTRACTOR AND THE CITY):
1. Wash down tile walls and toilet partitions.
2. High dust restroom walls.
3. Pour water down floor drains.
4. Clean appropriately restroom chairs, sofas, and other furniture.
ALL AREAS
• TO BE CLEANED MONTHLY DURING THE FIRST WEEK OF THE MONTH:
1. Dust mop, spot clean and vacuum entire floor area.
2. High dust walls and ceilings.
3. Vacuum air grills.
4. Dust pictures, frames, clocks, panel boxes, fire extinguisher and other wall fixtures.
5. Dust sides and tops of all lockers, file and storage cabinets; dust window sills, shelves, and ledges.
6. Polish meeting room and public area tabletops.
7. Clean public access partition glass, inside and outside.
8. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
• TO BE CLEANED THREE (3) TIMES PER YEAR DURING THE MONTHS OF FEBRUARY. JUNE AND OCTOBER:
Item 1N - 35
1. Strip, scrub and re-wax vinyl, tile, and terrazzo floors with pre-approved product designated for type of flooring.
2. Dust wall paneling with a treated cloth.
3. Vacuum all fabric walls, furniture, and drapes.
4_ Clean and polish all metal furniture.
5. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings.
6. Damp wipe exterior surface of light fixtures.
7. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
8. Clean all windows and glass, inside and outside.
9. Clean all vertical blinds.
FOR THE FOLLOWING LOCATION: DESERT HIGHLAND UNITY CENTER, GENERAL ADMINISTRATIVE.AND LOBBY AREAS
• TO BE CLEANED FIVE (5) DAYS PER WEEK AFTER 9PM OR A TIME MUTUALLY AGREEABLE TO CONTRACTOR AND CITY:
1. Empty and wipe clean (inside and outside) all wastepaper and trash receptacles; return to original locations. Replace plastic liners as needed_ Remove trash to main waste storage area.
2. Empty and wipe clean ashtrays.
3. Clean sand urns and damp wipe exposed area.
4. Clean with damp cloth, counters, public telephone, and glass tops.
5. Spot clean walls, woodwork, and doors.
Item 1N - 36
6. Spot clean partition glass.
7. Vacuum carpeting.
8. Dust mop hard surface floors; spot mop where needed for drink spills, mud, etc.
9. Clean and polish drinking fountains and metal housings.
10. Clean main entry door glass inside and outside; spot clean other entry door glass.
11. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
• TO BE CLEANED WEEKLY ON FRIDAY:
1. Dust thoroughly desks ( except when laden with paperwork), tables, bookcases, lamps and other office furniture.
2. Damp mop all hard surface floors.
3. Damp wipe plastic, vinyl and leather chairs, and/or sofa backs, seats, and arms.
4. Dust door and door frames.
5. Clean entry door metal and thresholds_
6. Vacuum carpeting .
KITCHEN
• TO BE CLEANED FIVE (5) DAYS PER WEEK:
1. Empty and wipe clean (inside and outside) all wastepaper and trash receptacles; return to original locations_ Replace plastic liners as needed. Remove trash to main waste storage area.
Item 1N - 37
2. Clean with damp cloth, counters, public telephones, and glass tops.
3. Spot clean walls, woodwork and doors.
4. Spot clean partition glass.
5. Dust mop hard surface floors; spot mop where needed for drink spills, mud, etc.
6. All vinyl and tile floors must be buffed on an "as needed" basis to insure high gloss shine.
• TO BE CLEANED WEEKLY ON TUESDAYS (OR OTHER DAY MUTUALLY AGREEABLE TO CONTRACTOR AND CITY):
1. Wipe clean sinks, drain boards and counter tops.
2. Damp wipe table tops and chairs.
3. Sweep and damp mop floors.
4. Damp wipe and clean tops, sides and fronts of appliances ( stove, refrigerator, dishwasher, microwave oven).
REST ROOMS
• TO BE CLEANED FIVE (5) DAYS PER WEEK:
1. Empty and wipe clean (inside and outside) all waste containers and remove trash to main waste receptacle.
2. Empty sanitary napkin containers and replace liner.
3. Polish all metal, mirrors and dispensers.
4. Clean and dis-infect: washbasins, counter tops, toilet bowls (including underside and tops of seats) and urinals.
5. Clean walls around was basin, dispensers, and other fixtures.
Item 1N - 38
6. Clean floor with germicidal solution.
7. Refill soap, sanitary napkin, towel, tissue and toilet seat cover dispensers. • WEEKLY - TO BE DONE ON TUESDAYS (OR OTHER DAY MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE CITY):
1: Wash down tile walls and toilet partitions.
2. High dust rest room walls.
3. Pour water down floor drains.
4. Clean appropriately rest room chairs, sofas and other furniture.
ALL AREAS
• TO BE CLEANED MONTHLY DURING THE FIRST WEEK OF THE MONTH:
1. Spot clean, dust mop and vacuum entire floor area.
2. High dust wall and ceilings.
3. Vacuum air grills.
4. Dust pictures, frames, clocks, panel boxes, fire extinguisher, and other wall fixtures.
5. Dust sides and tops of all lockers, file and storage cabinets; dust windowsills, shelves, and other ledges.
6. Polish meeting room and public area tabletops.
7 _ Clean public access partition glass inside and outside.
Item 1N - 39
• TO BE CLEANED THREE (3) TIMES PER YEAR DURING THE MONTHS OF FEBRUARY. JUNE AND. OCTOBER:
1. Dust wall paneling with a treated cloth.
2. Vacuum all fabric walls, furniture, drapes.
3. Clean and polish all metal furniture.
4. Dust or damp wipe push-plate, kick-plates, and baseboards and moldings.
5. Damp wipe exterior surface of light fixtures.
6. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
7. Clean all windows and glass inside and outside.
8. Clean all vertical blinds.
FOR THE FOLLOWING LOCATION: DOWNTOWN PARKING STRUCTURE
• WEEKLY -TO BE DONE ON MONDAYS, WEDNESDAYS, AND FRIDAYS (3
DAYS PER WEEK OR OTHER DAY MUTUALLY AGREEABLE TO THE
CONTRACTOR AND THE CITY):
1. Steam Clean/ Pressure Wash all stairwells in the downtown parking structure.
2. Clean the interior and exterior of all elevators in the downtown parking structure. -4. Steam Clean/ Pressure Wash the downtown trash enclosure.
5. Steam Clean/ Pressure Wash the alleyway leading to the downtown trash enclosure and adjacent to the downtown parking structure.
6. Steam Clean/ Pressure Wash the walkway from the parking structure that leads to South Palm Canyon Drive.
Item 1N - 40
FOR THE FOLLOWING LOCATION: VACATION RENTAL OFFICE
• VACATION RENAL OFFICE TO BE CLEANED FOUR (4) DAYS PER WEEK MONDAY THRU THURSDAY:
1. Vacuum carpeting (prior to 8 a.m. or after 5 p.m.), include under and around all furniture; spot clean baseboard and carpet for drink, spills, mud, gum, tar, etc.
2. Empty and wipe clean (inside and out) all waster paper and trash receptacles; return to original locations, and replace plastic bags.
3. Clean and disinfect with damp cloth counters.
4. Clean main entry door glass inside and out.
5. Dust thoroughly desks (except when laden with paperwork) tables, bookcases, lamps and other office furniture.
6. Damp wipe chairs and chair legs.
• TO BE CLEANED THREE (3) TIMES PER YEAR DURING THE MONTHS OF FEBRUARY, JUNE, AND OCTOBER:
1. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
2. Clean all windows and glass, inside and outside.
FOR THE FOLLOWING LOCATION: FIRE TRAINING CENTER
• FIRE TRAINING CENTER TO BE CLEANED ONE (1) TIME PER YEAR IN JUNE:
1. rv,op hard surface floor tile, removing drink spills, mud, gum, tar, etc.
Item 1N - 41
2. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
3. Clean all windows and glass, inside and outside.
FOR THE FOLLOWING LOCATIONS: FIRE STATIONS #1, #2, #3, AND #5
ADMINISTRATIVE AREAS
• FIRE STATIONS #1, #2. #3, AND #5 ADMINISTRATIVE AREAS TO BE CLEANED TWO (2) TIMES PER YEAR IN JANUARY AND JUNE.
1. Mop hard surface floor tile, removing drink spills, mud, gum, tar, etc.
2. Clean/shampoo carpeting. Use a vacuum truck-mounted extractor for each cleaning.
3. Clean all windows and glass, inside and outside.
Item 1N - 42
Exhibit "D-1"
Schedule of Compensation
Firm fixed price per square foot, per month for providing Janitorial Services , as specified , for the following buildings for initial three (3 ) year Contract term:
Location Orig. vs Amend.
City Hall Original
City Yard Original
Fleet Operations Original
Police Department Original
Police Downtown Station Original
Main Library Original
Fire Station #2 (admin off .) Original
Pavilion Original
Leisure Center Original
Swim Center Original
Demuth Community Center Original
Desert Highland Center Original
Train Station Original
Downtown Parking Structure Original
Rudy's Store Original
Welwood Murray Library Original
Animal Shelter Original
Village Fest Restroom Trailer Original
Victoria Park Restrooms Original
Sunrise Park Restrooms Original
North West Side Restroom Original
Ruth Hardy Park Restrooms Original
Demuth Park Restrooms Original
West Side Ball Field 7 &8 Restrooms Original
A YSO Restrooms Original
East Side Restrooms Original
Blue Block: Family Restroom Original
Floater Original
Location Orig. vs Amend.
City Yard Vacation Rentals Amendment
City Yard Vacation Rentals Amendment
Training Center Amendment
Fire Station #1 Amendment
Fire Station #2 Amendment
Fire Station #3 Amendment
Fire Station #5 Amendment
$Per SQ FT SQFT
$.085/sf 36,536sf
$.17/sf 5,400sf
$.45/sf 1,810sf
$.96/sf 42,425sf
$.22/sf 1,811 sf
$.78/sf 32,500sf
$0.13/sf 4160sf
$.10/sf 18,736sf
$.15/sf 8501 sf
$.98/sf 1,320sf
$.12/sf 12,600sf
$.13/sf 10,215sf
$4.50/sf 120sf
$.12/sf 11,lllsf
$.13/sf 900sf
$.20/sf 5058sf
$.31/sf 4904sf
$.63/sf 160sf
$16/day 30days
$16/day 30days
$14/day 30days
$18/day 30days
$11/day 30days
$18.67/day 30days
$18.67/day 30days
$15.34/day 30days
$19/day 30days
$2,436/yr 1 year
Total Original
Total Annual Original
Frequency $/ Occurrence
Weekly (M-Th ) $950/mo
3 times /year $602ea
one ti me /year $1,204ea
2 times /year $2979.2Sea
2 times/year $2986.25ea
2 times /year $2920.Sea
2 times /year $1654.7ea
Total Amendment #1
REVISED TOTAL CONTRACT
Monthly$
$3,105.56
$918.00
$814.50
$4,072.80
$398.42
$2,535.00
$540.80
$1,873.60
$1,275.15
$1,293.60
$1,512.00
$1,327.95
$540.00
$1,333.32
$117.00
$1,011.60
$1,520.24
$100.80
$480.00
$480.00
$420.00
$540.00
$330.00
$560.10
$560.10
$460.20
$570.00
$2,436.00
$31,126.74
$373,520.88
Annual$
$11,400.00
$1,806.00
$1,204.00
$5,958.50
$5,972.50
$5,841.00
$3,309.40
$35,491.40
$409,012.28
Item 1N - 43
Worker available for unscheduled assignment: A Floater @ $14.00 p/hr X 8 hrs per day X 21.75 average work days per month= $.2,436.00 .ORIGINAL TOTAL BASE COST PROPOSAL PER MONTH ........ $31,126.74 ORIGINAL TOTAL BASE COST PER YEAR (PER MONTH X 12
MONTHS)................................................ . ..................... $373,520.88 TOTAL AMENDED SCOPE ... : .............................................. $35,491.40 REVISED TOTAL BASE COST WITH AMENDMENT #1 ............. $409,012.28 REVISED TOTAL ANNUAL AMOUNT:
$409,012.28
(PRICE IN FIGURES)
Four Hundred Nine Thousand Twelve Dollars and Twenty Eight Cents (PRICE IN WORDS)
Item 1N - 44
SCHEDULE I - OPTIONS PRICING SHEET
OPTION A: Cost to strip, scrub and re-wax vinyl, tile, wood and terrazzo floors if needed each additional time during the year. These are options ONLY. Not to be included in annual cost.
City Hall $750
City Yard $825
Fleet Operations Bldg $475
Police Department (including Downtown) $900
Main Library $350
Leisure Center Wood Floor=$575 $525
Pavilion Wood Floor=$975 $525
Desert Highland Center $600
Train Station $225
Demuth Community Center $650
Downtown Parking Structure/Elevators $425
Rudy's Store Wood Floor=$400 $-----
Village Fest Restroom Trailer $250
OPTION B: Cost to clean/shampoo carpeting using a vacuum truck-mounted extractor each additional time during the year. These are options ONLY. Not to be included in annual cost.
City Hall $1,200
City Yard $425
Fleet Operations Bldg $150
Police Department (Including
Downtown} $1,100
Main Library $1,200
Leisure Center $425
Pavilion $425
Desert Hiohland Center $450
Train Station $NIA
Item 1N - 45
OPTION C: Cost to clean all windows and glass inside and outside, if needed, each additional time during the year. These are options ONLY. Not to be included in annual cost.
City Hall - Main Building $750
City Hall - Engineering $450
City Yard $400
Fleet Operations Building $275
Police Department ( including $600 Downtown Station)
Main Library $800
Leisure Center $550
Pavilion $550
Fi re Department $350 Administration Offices
Desert Highland Center $350
Rudy's Store $200
Welwood Murray Library $350
Animal Shelter $500
Demuth Community Center $400
This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted in support of Proposal No. 02-17 for Janitorial Services for various City of Palm Springs facilities (Schedule I and II of this RFP document) are current, accurate, and complete.
Item 1N - 46
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS:
For the initial three (3) years of the Agreement term, the annual amount shall be fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) "All Urban Consumers for Los Angeles, Riverside, and Orange County, CA" for the prior 12- month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.
Item 1N - 47
.•· . -. ,· .. � ; ··•.,,. -?.·• ·
CONTRACT SERVICES AGREEMENT
JANITORIAL SERVICES FOR VARIOUS CITY FACILITIES
THIS-;£0NTRACT SERVICES AGREEMENT ("Agreement") is entered into, and effective on V\,l, \ , 2017, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("Cityj and R & R Janitorial, an individual company ("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".
RECITALS
A. City has detennined that there is a need for Janitorial services for various city owned facilities ("Project").
B. Contractor has submitted to City a proposal to provide Janitorial Services for various City owned facilities for the City for the Project under the tenns of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement
D. City desires to retain Contractor to provide such contract services.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:
1. SERVICES OF CONTRACTOR
AGREEMENT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the "Services" or 'Work") , which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced contracts perfonning similar work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents·). The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits "B n
and "C",
respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or Page I ofll7
ORIGINAL BID
AND/ORAGAEEMENT
• ·<
l• .
. i....
Item 1N - 48
inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be detennined in the following order of priority: (1 � the provisions of the Scope of Services (Exhibit .. A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the tenns of this Agreement; and, (4th) the provisions of the Contractor's Proposal (Exhibit "C").
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
1.4 Licenses. Permits. Fees. and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the tenn of this Agreement. any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be perfonned, and (c) fully understands the facilities, difficulties, and restrictions attending perfonnance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the perfonnance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement Any adjustments must also be approved in writing by the Contractor. Any increase in compensation of up to twenty-five Pagel of117
Item 1N - 49
percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.
1.9 Unauthorized Aliens. Contractor hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined ther ein. Should Contractor so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference.
Compensation shall not exceed the maximum contract amount of Three Hundred Seventy Three Thousand Five Hundred Twenty Dollars and Eighty Eight Cents Dollars, ($373,520.88) per year for the initial three (3) year term ("Maximum Contract Amounr), except as may be provided under Section 1.8. At the City's sole discretion, the Maximum Contract Amount may be increased annually by an amount not to exceed Fifty Thousand Dollars ($50,000.00) for those certain optional tasks identified on Schedule II - Options Pricing Sheet, of Exhibit "D". The method of compensation shall be as set forth in Exhibit "O." Pursuant to Section 3.4 of this Agreement, should the City elect to exercise the option to extend this Agreement for an additional one (1) year period, the contract prices identified on the Base Schedule Pricing Sheet and Schedule II - Options Pricing Sheet may be adjusted annually effective July 1, subject to the percentage change in the United States Bureau of Labor Statistics Consumer Price Index "All Urban Consumers for Los Angeles, Riverside and Orange County, CA" (CPI) for the most recent twelve months for which statistics are available. The Maximum Contract Amount as referenced herein shall be adjusted by the corresponding CPI adjustment for each year an optional extension to the Agreement is thereby exercised.
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment