Agenda packet — Palm Springs City Council, May 12, 2022 (part 1 of 4)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
www.palmspringsca.gov

REGULAR MEETING AGENDA
2:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record as soon as practicable.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

MAY 12, 2022

2:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

2:30 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION:

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

May 12, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2022.

C. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $340,434.55 RECOMMENDATION:

Approve a Contract Services Agreement A9094 with ePlus Technology, Inc., a Virginia corporation, to provide Cisco network switches and support services for a three-year term in an amount not to exceed $340,434.55 beginning May 16, 2022, through May 15, 2025.

1. Authorize the City Manager to execute all necessary documents.2.

D. AWARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC. FOR

GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
RECOMMENDATION:

Approve a one-year Contract Services Agreement with Townsend Public Affairs Inc. in an amount not to exceed $69,000 per year, with the option of two one-year renewals.

1. Authorize the City Manager or his designee to execute the agreement and any subsequent renewals.

2. E. APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA May 12, 2022 City Council Regular Meeting Agenda 3
E. APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA

TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED VEHICLE

IDENTIFICATION SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION:

Approve Agreement No. A9607 with TransCore Holdings, LLC dba TransCore LP to provide an Automated Vehicle Identification system at the Palm Springs International Airport in the amount of $611,122 for a three-year term beginning on May 16, 2022, and ending on May 15, 2025. This amount consists of an initial $479,249 purchase price for the system and maintenance support for Year One at $10,192; Year Two at $59,332; and Year Three at $62,349.

1. Authorize the City Manager or Designee to execute all documents.2.

F. APPROVE A ONE-YEAR AGREEMENT WITH WAXIE’S ENTERPRISES, LLC TO

PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR SERVICES TO THE

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Contract Service Agreement A9089 with Waxie’s Enterprises, LLC to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport for a one-year term in an amount not to exceed $210,000, beginning May 16, 2022, and ending May 15, 2023.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

G. APPROVE A THREE-YEAR AGREEMENT A9108 WITH PROFESSIONAL ASBESTOS

REMOVAL CORPORATION, DBA PARC ENVIRONMENTAL, FOR ABATEMENT AND

REMEDIATION SERVICES
RECOMMENDATION:

Approve Contract Service Agreement No. A9108 with Professional Asbestos Removal Corporation dba PARC Environmental to provide abatement and remediation services for a three-year term in an amount not to exceed $150,000 beginning May 16, 2022, through May 15, 2025, with two one-year extension options at the City’s sole discretion.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

May 12, 2022 City Council Regular Meeting Agenda 4

H. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $15,905,500, FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:

Award a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20-25 and 21-07.

1. Authorize the City Manager to approve a task order in an amount not to exceed $881,143 with Stantec, an ‘on-call’ firm, for wastewater engineering services during construction.

2. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $1,246,123.14 with MWH Constructors, an engineering firm, for construction management and inspection services.

3. Authorize the City Manager or his designee to execute all necessary documents.4.

I. REQUEST BY THE GEDDES-CHRISTENSEN FAMILY TRUST, OWNER, FOR

APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-055), (HSPB #88 / HD-3)
RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Geddes-Christensen Family Trust, and the Racquet Club Cottages West Homeowners Association.

1. Authorize the City Manager to execute the Agreement.2.

Direct the City Clerk to record the Agreement with the County of Riverside.3.

J. APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE WITH CHAPTER 15.14.010 OF

THE PALM SPRINGS MUNICIPAL CODE
RECOMMENDATION:

Approve an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future.

K. REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
RECOMMENDATION:

Reject the bids received on February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18.

1. Authorize Staff to re-bid the Project.2.

May 12, 2022 City Council Regular Meeting Agenda 5

L. TRANSFER OF 1974 CESSNA 182 SKYLANE AIRCRAFT TO THE PALM SPRINGS

POLICE AERO SQUADRON
RECOMMENDATION:

Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron.

1. Authorize the City Manager to execute all necessary documents.2.

M. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF PALM SPRINGS

AND QUEER WORKS, A CALIFORNIA PUBLIC BENEFIT NON-PROFIT

CORPORATION REGARDING THE DUE DILIGENCE PROJECT TO PURSUE A STATE

GRANT FOR A POSSIBLE GUARANTEED INCOME PILOT PROGRAM
RECOMMENDATION:

Review and approve the accompanying Memorandum of Understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non-profit corporation.

N. LETTER OF SUPPORT – SAN GORGONIO PASS RAIL CORRIDOR
RECOMMENDATION:

Approve the letter of support.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

May 12, 2022 City Council Regular Meeting Agenda 6

2. PUBLIC HEARINGS:

A. AN APPEAL BY LWSC LLC (BUILDING OWNER), C/O PSPC ENTERPRISES LLC, (DBA FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION TO

DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP)
RECOMMENDATION:

Continue deliberations on the appeal by LWSC LLC (Building Owner), c/o PSPC Enterprises LLC (dba Fuego Nightclub); public testimony was received on April 21, 2022.

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

CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC

ENTERPRISES LLC (DBA FUEGO NIGHTCLUB) AND UPHOLDING THE

DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE

PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING
OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”

2. Alternatively, adopt a Resolution entitled, RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY

PSPC ENTERPRISES LLC (DBA FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A CONDITIONAL USE

3. B. AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, (APN #504-281-012), CASE HSPB #142
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”

2. May 12, 2022 City Council Regular Meeting Agenda 7

C. REQUEST BY JERRY G. JOHNSON OF V.I.P. MOTOR CARS, LTD. FOR A 12-MONTH REVIEW OF A CONDITIONAL USE PERMIT, CASE 5.1506 CUP, FOR THE OPERATION OF AN OFF-SITE VEHICLE STORAGE FACILITY LOCATED AT 4193 EAST MATTHEW DRIVE, ZONE R-2, SECTION 30 (CASE 5.1506 CUP) RECOMMENDATION:

Open the public hearing and receive testimony.1.

Find the development to be in conformance to the Conditions of Approval and receive and file the report without further City Council review.

2. D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022–2023 ANNUAL ACTION

PLAN (AAP) AND BUDGET ADOPTION HEARING AND AUTHORIZATION FOR

SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE FISCAL YEAR 2022–2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 48TH PROGRAM YEAR; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS
RECOMMENDATION:

Open the Public Hearing for public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN;

APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2022-2023 IN THE AMOUNT OF $430,000; AUTHORIZING THE

SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-22-MC-06-0561 IN THE ESTIMATED AMOUNT OF $430,000 AND TO EXECUTE THE SUBRECIPIENT

AGREEMENTS

2. E. ADOPTION OF ORDINANCE AUTHORIZING A MILITARY EQUIPMENT USE POLICY, AS REQUIRED BY ASSEMBLY BILL 481
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Introduce by title only and waive further reading of an Ordinance entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING PALM SPRINGS POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481.”

2. May 12, 2022 City Council Regular Meeting Agenda 8

F. ADOPTION OF A RESOLUTION MODIFYING CERTAIN USER FEES, DEVELOPER

FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE

AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES,

DEVELOPER FEES, AND CHARGES BY IMPLEMENTING A CONSUMER PRICE

INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023.”

2. 3. BUSINESS & LEGISLATIVE:

A. REVIEW AND DISCUSSION OF CITY BOARDS AND COMMISSIONS RECOMMENDATION:

Direct Staff as appropriate.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

May 12, 2022 City Council Regular Meeting Agenda 9

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on May 6, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

May 12, 2022 City Council Regular Meeting Agenda 10

CITY COUNCIL STAFF REPORT
05/12/2022

City Clerk -

SUBJECT
2:30 P.M. CLOSED SESSION
Attachments
2022-05-12 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, May 12, 2022 – 2:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2).

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(4)

Under existing facts and circumstances, there are two (2) matters the City Counc il has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR Gov’t Code § 54957.6

City Negotiators: Justin Clifton, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Gov’t Code 54957

Employee: City Manager
Employee: City Attorney

CITY COUNCIL STAFF REPORT
05/12/2022 1. A.

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: May 12, 2022 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Justin Clifton, City Manager
BY: Monique Lomeli, Interim City Clerk
RECOMMENDATION:

Fin
d that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, C ommission, and Committee meetings may be held by videoconference, in accordance with AB 361.

BACKGROUND:

Gov
ernor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item - 1A 1
City Council Staff Report
May 12, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item - 1A 2

CITY COUNCIL STAFF REPORT
05/12/2022 1. B.

City Clerk -

SUBJECT

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2022.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2022 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF APRIL 1 THROUGH APRIL 30, 2022
FROM: Justin Clifton, City Manager
BY: Office of the City Clerk
Procurement Department
RECOMMENDATION:

Rec
eive and file the report of Staff Authorized Agreements and Purchase Orders for the period of April 1 through April 30, 2022.

AGREEMENTS

NUMBER VENDOR DESCRIPTION DEPARTMENT
A9080 Dels Flooring
Contractors,
Inc.

A contract for the carpet
installation at the TSA leasehold
areas.

Aviation
A9082 United Rental
(North
America), Inc.

A contract for the services of an
equipment rental contractor.

Facilities
Maintenance
A9096 Jervis B Webb
Co.

A contract for installation services
of a remote baggage handling
system workstation.

Aviation
A9115 Birdair Inc. A contract for the services of a
corrosion remediation specialist.

Aviation
A9118 Fifth Asset Inc.,
Dba Debtbook
A contract for cloud-based debt
and lease management software.

Finance
Item - 1B 1
City Council Staff Report
May 12, 2022 – Page 2
Staff Authorized Contracts & Purchase Orders

PURCHASE ORDERS

NUMBER

VENDOR

DESCRIPTION

AMOUNT

DEPARTMENT

22001158 Insight Public
Sector, Inc.

Office 365 licenses for
mailbox archive -
T24750
$70.10 Info Technology
22001134 It1 Source LLC Replacement printer
for dispatch TT#24338
$427.11 Police Department
22001137 CDW
Government, Inc
Apple iPad
accessories - ticket
23848.
$465.26 Info Technology
22001178 Desert Arc Shredding and
electronic waste event
$500.00 Sustainability
22001157 It1 Source LLC Rack mounting kit $596.51 Info Technology

22001173 Galls LLC Police officer supplies
and equipment
$777.68 Police Department
22001164 TK Sealcoating,
Inc
Runway sealant $1,119.88 Aviation
Department
22001153 Dell Marketing LP Dell laptop docks -
backup
$1,144.94 Info Technology
22001159 Top Of The Line
Signs
New Fire Battalion
Chief vehicle decals
purchase
$1,390.19 Fleet Operations
22001119 St Francis Electric
LLC
Delivery and return of
scoreboard to stadium
$1,425.00 Facilities
Maintenance
22001120 Sheehans Office
Interiors, Inc
Desk chairs $1,577.89 Human Resources
22001133 Source Graphics Hp DesignJet Z6600
support renewal
$1,635.00 Info Technology

22001139 Waxie Sanitary
Supply
Trash liners for
downtown
$1,680.27 Downtown
Maintenance
22001135 Dell Marketing LP Docks and monitors
for procurement -
ticket #24587
$1,780.49 Info Technology
22001168 Chem-Aqua, Inc Legionella testing for 8
cooling towers.
$2,200.00 Facilities
Maintenance
22001102 Global Payments,
Inc.

Upgrading ActiveNet
hardware for
department
$3,795.45 Recreation
Department
22001142 Desert Electric
Supply
Animal Shelter
replacement of 2
vandalized bollards
$3,808.94 Facilities
Maintenance
22001136 Precision
Technologies
Network cabling and
cabinet for FD
Training Center
$3,854.34 Info Technology
22001141 CDW
Government, Inc
Cloud based controller
for Aruba central
$4,091.71 INFO

TECHNOLOGY
Item - 1B 2
City Council Staff Report
May 12, 2022 – Page 3
Staff Authorized Contracts & Purchase Orders

22001114 Kaptive
Construction and
Preservation, Inc
Railings for Welwood
Library
$4,110.00 Facilities
Maintenance
22001163 Stericycle Inc LLC
Shred It USA
Shredding event $4,250.00 Sustainability
22001107 Johnson Controls Preventative
maintenance repairs
$4,683.47 Aviation
Department
22001160 Top of the Line
Signs
New vehicle outfitting
decals purchase
$4,828.76 Fleet Operations
22001103 Desert
Publications Inc
Jones agency - PSPL
PR campaign
$5,263.46 Library
22001169 Tri Star
Contracting Inc.

Repair gate on north
end of Gene Autry
$5,397.00 Facilities
Maintenance
22001156 Palm Springs
Motors
Traffic collision repair
Unit 1P6421
$5,549.88 Fleet Operations
22001100 Valley Lock And
Safe
Sunrise Park
restrooms locks
$6,473.75 Parks Maintenance

22001175 Fire Etc. Inc PPE: structure &
station boots for new
hires
$6,650.38 Fire Department
22001115 Dell Marketing LP Computers for special
programs dept | TK
24200
$6,900.75 Info Technology
22001162 Electro-Mech
Scoreboard
Company
Gymnasium
scoreboard &
installation
$7,169.93 Recreation
Department
22001101 Hajoca
Corporation
Replace swamp
coolers in app bay
FS2
$7,426.48 Facilities
Maintenance
22001150 Waxie Sanitary
Supply
Janitorial supplies $7,747.95 Aviation
Department
22001106 Tops N Barricades
Inc
Airfield paint $9,171.54 Aviation
Department
22001131 Safe Life Defense
LLC
Bulletproof vests for
range use
$9,250.45 Police Department
22001165 Alpha Petroleum
Transport Inc
Hazmat disposal
services
$9,927.45 Aviation
Department
22001117 Waxie Sanitary
Supply
Janitorial supplies $9,947.92 Aviation
Department
22001105 Amazon.Com
Sales Inc
Amazon business
orders
$10,000.00 Recreation
Department
22001127 Amazon.Com
Sales Inc
Various
goods/supplies for the
Engineering Division
$10,000.00 Engineering -
Public Works
22001124 Vigilant Solutions
LLC
LPR annual
subscription
$11,250.00 Police Department
22001108 Gensler
Associates
Architect
Airport independent
fee estimate services
$14,000.00 Aviation
Department
Item - 1B 3
City Council Staff Report
May 12, 2022 – Page 4
Staff Authorized Contracts & Purchase Orders

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(k) requires a monthly report be submitted to the City Council.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.

REVIEWED BY:

Department Director: Monique Lomeli
City Manager: Justin Clifton

22001176 SolarCity Corp Operations &
maintenance – WWTP
solar
$14,394.54 A/City Manager
Admin
22001166 Cal Stripe Inc. Runway rubber
removal
$16,020.00 Aviation
Department
22001126 Govos Inc Short-term rental
compliance services
$22,500.00 Special Programs
Compliance
22001122 Alexandra Jabr CGI coordinator
services
$25,000.00 Fire Department

22001125 United Rentals NA
Inc
Equipment rental
services
$25,000.00 Facilities
Maintenance
22001179 Jervis B Webb Co Additional BHS
workstation
$27,701.00 Aviation
Department
22001161 ESRI ESRI 3-year
agreement (A9091)
$38,500.00 Info Technology

22001174 Engie Services
U.S. Inc.

Post CSA-BAS
controls Muni Cogen &
Sunrise chiller
$39,858.00 A/City Manager
Admin
22001138 Macys Inc Mattresses and
protectors for Station 2
$46,954.97 Fire Department
22001109 ATT Mobility Mobile Vesta station $49,644.20 Info Technology Item - 1B 4

CITY COUNCIL STAFF REPORT
05/12/2022 1. C.

City Clerk -

SUBJECT

APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS
TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT SERVICES FOR

THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $340,434.55
RECOMMENDATION:

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: May 12, 2022 CONSENT CALENDAR

SUBJECT: APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH EPLUS TECHNOLOGY, INC. FOR NETWORK SWITCHES AND SUPPORT

SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT IN AN AMOUNT NOT TO EXCEED $340,434.55

FROM: Justin Clifton, City Manager

BY: Information Technology Department

SUMMARY:

Approval of this contract will allow the City to enter into an agreement with ePlus Technology, Inc. ( Attachment 1 ) to procure products and services for Cisco network switches for the Palm Springs International Airport.

RECOMMENDATION:

1. Approve a Contract Services Agreement (A 9094) with ePlus Technology , Inc., a Virginia corporation, to provide Cisco network switches and support services for a three-year term in an amount not to exceed $ 340,434.55 beginning May 16, 2022, through May 15, 2025.

2. Authorize the City Manager to execute all necessary documents.

BUSINESSS PRINCIPAL DISCLOSURE:

According to the California Secretary of State, ePlus Technology, Inc. is a Publicly Traded Corporation registered in the State of V irginia whose corporate officer is CEO and President, Mark Marron. A copy of the Public Integrity Disclosure Form is included as Attachment 2.

BACKGROUND:

The Palm Springs International Airport (Airport) is replacing aging network switches with Cisco network switches and adding additional network switches . The purchase of new switches will be used to upgrade and enhance the network backbone infrastructure used by all Airport network systems including the Airport Shared Use Sy stem. The Airport is also purchasing a Cisco Digital Network Architecture (DNA) Center – a network controller Item - 1C 1
City Council Staff Report
May 12, 2022 -- Page 2
Award Service Contract – ePlus Technology, Inc.

and management dashboard – that will be used to centrally manage the Cisco Network Switches.

STAFF ANALYSIS:

An Invitation for Bids (IFB 22-16) was initiated by the City’s Procurement and Contracting Department on March 23, 2022. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Five bids were received by the April 5, 2022, deadline:

Vendor Bid
ePlus Technology, Inc $340,434.55
IT1 Source, LLC $393,502.25
NetXperts $408,827.82
Axelliant LLC $478,353.78
Howard Technology Solutions $515,043.83

Staff recommends approval of a three- year Agreement with ePlus Technology, Inc . as the lowest, responsive, responsible bidder in an amount not to exceed $340,434.55 effective May 16, 2022 through May 15, 2025.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3B – Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Airport Account 4167065.80000 and will be budgeted in future fiscal years.

Item - 1C 2
City Council Staff Report
May 12, 2022 -- Page 3
Award Service Contract – ePlus Technology, Inc.

REVIEWED BY:

Department Director: Larry Klingaman
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton

ATTACHMENTS:

1) Contract Services Agreement
2) Business Disclosure Form

Item - 1C 3

ATTACHMENT 1

Item - 1C 4
Revised 2.9.22 Page 1 of 19

CONTRACT
SERVICES AGREEMENT A9094

CISCO NETWORK SWITCHES AND SUPPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on May 16, 2022, by and between the City of Palm Springs, a California charter city and municipal corpora tion ( “City”), and ePlus Technology, Inc., a Virginia Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECIT
ALS
A. C it
y requires the services of a qualified reseller, for cisco network switches and support services, (“Project”).

B. C ontr
actor has submitted to City a proposal to provide cisco network switches and support services, to City under the terms of this Agreement.

C. B as
ed on its e xperience, education, training, and r eputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. C it
y desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in c onsideration of the promises a nd mutual obligations, covenants, and c onditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CO NTRACTOR SERVICE S

1.1 Scope of Services . In c ompliance with all terms and c onditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of ca re and skill ordinarily e xercised by high quality, experienc ed, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . C ontractor sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regula tions when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item - 1C 5
Revised 2.9.22 Page 2 of 19

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the pe rformance of the S ervices required by this Agreement.

1.4 Familiarity w ith Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of t he non-performing Party. Delays shall not entitle Cont ractor to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensat ion of Contractor. Contractor shall be compensated and reim bursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $340,434.55

3.2 Method o f Paym ent. In any mont h in wh ich Contractor wishes to receiv e payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director . Payment s shall be based on the hourly rates s et forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of rece ipt of Contractor’s invoice.

3.3 Changes. I n the event any change or changes in the Services is reque sted by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additio nal fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , wor k product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this A greement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. T his Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item - 1C 6
Revised 2.9.22 Page 3 of 19

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The ti me for performance of Se rvices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Forc e Majeure Event shall m ean an event that materially affects the Contr actor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) order s 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 W ork); and (4) pandemics, epidemics or quarantine restrictions . For purposes of this s ection, “orders of governmental author ities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. U nl ess earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years , commencing on May 16, 2022, and ending on May 15, 2025, unless ext ended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . C ity may terminate this Agreement at any time, with or without cause, upon thirty (30) days wri tten notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the C ity. Upon receipt of t he notice of terminati on, Contractor shal l immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all S ervices rendered prior to receipt of the notice of termina tion and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contra ctor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item - 1C 7
Revised 2.9.22 Page 4 of 19

5. COORDINATION OF WORK

5.1 Representative of Contractor. The fol lowing principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions i n its behalf with respect to the specified Services: Don McLaughlin, Senior Vice President. It is expressly understood that the experi ence, knowledge, education, capabi lity, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during t he term of this Agreement for di recting al l activitie s o f Contractor and devoting sufficient time to personally supervise the S ervices under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Offi cer. The Contract Of ficer s hall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor s hall refer any decisions that must be made by City to t he Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . T he experi ence, knowledge, education, capability, an d reputation of Contractor, i ts pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perfo rm any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subj ect to all provisi ons stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by Ci ty, Contractor shall be responsible to City for the a cts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contra
ctor. Neither City nor any of its employe es shall have any control over the manner, mode , or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified . Contractor shall perform al l required Services as an independent contractor of Cit y and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wa ges, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: soci al security taxes, income tax withholding, unemployment insurance, a nd workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Cont
ractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the ass ignment of the following personnel Item - 1C 8
Revised 2.9.22 Page 5 of 19
wit
hout the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Don McLaughlin Seni or Vice President

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the p ayment of pre vailing wa ge rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applica ble “public works” or “maintenan ce” project, as defined by the Prevailing Wage Laws, and if the t otal compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees t o fully comply with such Prevailing Wage Laws. Contracto r shall defend, indemnify and hold the Ci ty, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or a lleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upo n t he Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Lab or Code Sec tion 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or r epair, then pursuant to Labor Code Sections 1 725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the P roject and require the same of an y subcontractors, as applicable. Th is Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the f ullest extent permitted by law, Cont ractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers (collectively t he “Indemnified Parties”), from and against any and all l iabilities, actions, suits, claims, demands, losses, costs, Item - 1C 9
Revised 2.9.22 Page 6 of 19
judgme
nts, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (coll ectively “Claims”), including but not limited to Claims a rising from injuries t o or d eath of perso ns (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordin ance or in any manner arising out of, pertaining to, or i ncident to a ny acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement b e construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified P arties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless ar ises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. R ECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the S ervices required by this Agreement, or as the Contract Officer shall require.

8.2 Records. C ontractor shall keep complete, accurate, and d etailed accounts of all time, c osts, expenses, and expenditures pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contr act Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

8.3 Ownership of Docum ents. All d rawings, s pecifications, repo rts, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents f or Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

Item - 1C 10
Revised 2.9.22 Page 7 of 19

8.4 Release of Documents . All drawings, specifications, reports, records , documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of R ecords. After receipt of reasonable noti ce and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspec t all account ing books, re cords, work data, document s, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clear ly identify and make s uch items readily a ccessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF A

GREEMENT

9.1 California Law. This Agre ement shall be c onstrued and inte rpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter ari sing out of or in relation to thi s Agreement s hall be ins tituted in the Superior C ourt of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The capti on headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver .

No delay or omissi on in the exercise o f any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulat ive. Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either P arty of one or mor e of such rights or remedies shall not preclu de the exer cise by it, at the same o r d ifferent time s, of any other rights or remedies for the same default or any other default by the other Party.

Item - 1C 11
Revised 2.9.22 Page 8 of 19

9.5 Legal Action. In addition to any other rights or remedie s, either P arty may take legal action, in law or in equit y, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 A ttorney Fees. In the event any dispute b etween the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be gran ted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NO

N-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liable to the Contracto r, or any successor -in-interest, in the event of any default o r breach by City or for any amount w hich may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contr actor acknowledges that no officer or employee of t he City has or s hall ha ve any dir ect 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 (1) 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.

10.3 Covenant Against Discrimination . In c
onnection with its performance under
this Ag reement, Co ntractor sha ll not dis criminate 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, c ultural or linguistic characteristics, or ethnici ty), 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 an y 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 re cruitment 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 be nefits, relating to non- discrimination in city contracting.

11. M

ISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person sha ll be i n Item - 1C 12
Revised 2.9.22 Page 9 of 19
writin
g and either served p ersonally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy- two (72) hours from the time of ma iling if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: ePlus Technology, Inc.

Attention: Don McLaughlin
13595 Dulles Technology Drive
Herndon, VA 20171

11.2 I
ntegrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and canc els all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to th e subject matter in this Agreement.

11.3 Amendment. No a mendments or other modifications of this Agreem ent shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Wh enever possible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sente nces, clauses, p aragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which sha ll be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This A greement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 T hird Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation , any right s as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. Th e above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each P arty acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. T he persons executing this Agreement on behalf of the P arties warrant that they are duly authorized t o execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

Item - 1C 13
Revised 2.9.22 Page 10 of 19

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SI
GNATURES ON NEXT PAGE]
Item - 1C 14
Revised 2.9.22 Page 11 of 19

SIGNATURE

PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND EPLUS TECHNOLOGY, INC.

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

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPRO
VED BY CITY COUNCIL:

Date: May 12, 2022 Item No. XXX
APPRO
VED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monica Lomeli,
City Attorney City Clerk
APPROVED:

By: _______________________________ D ate:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item - 1C 15
1111
Revised 2.9.22 Page 12 of 19
EXHIBIT “A”
CONTR
ACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item - 1C 16
Revised 2.9.22 Page 13 of 19

1.1 Background: The City of P alm Springs International Airport is seek ing to replace old aging network switches with new Cisco network switches, and to add additional new Cisco network switches. The purchase of new switches will be used to upgrade and enhance the network backbone infrastructure used by all Airport network systems including the new Airport Shared Use System. The City of Palm Springs International Airport is also seeking to purchase a Cisco DNA Center that will be used to centrally manage the Cisco Network Switches.

1.2 Scope: Purchase of the Cisco Network Switches, Cisco DNA Center, Technical support, and term licenses as outlined in the bid form. No alternatives are acceptable. Contract for Technical Support is for 3 years with the option to renew at the City’s sole discretion.

1.3 Compensation:

Items will be compensated on a lump sum basis as outlined on the bid form.

Item - 1C 17
Revised 2.9.22 Page 14 of 19
Item - 1C 18

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-16)
CISCO Nt I WUHK SWI I CHtS
Responding to this IFB for Cisco Network Switches, the undersigned bidder proposes and agrees to provide the items in accordance with the specifications. Bidder proposes and agrees to furnish all equipment, materials, and service necessary to complete said order in accordance with the specificat ons of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not a~eady included or incorporated in the beloN unit costs. line# DESCRIPTION PART# QUANTIT UNIT PRICE SUBTOTAL
1 Ci= WSFP-
OSFP + lransoeiw, mocl.lle • 40 Giglbit LAN. 40/ 10)- 10 100 (;%1.lbh 8:hemet . 40G8ASE-8i0i, SRBC<= 10038ASE-Bi0i • LC rTMJlti-mode - ~ to 328 ft · fc $1,003.36 $10,033.60 MEIIYlox ConnectX-5 Ex EN 7 Cisco C.lblyst Q300 C9300- $59,361.40 Netwont ACJVa\tage • SW1Ch • La • 1T1r,JnageG • 3tl 48UXN -A X 2 5G8ase-T (UPCE) + 12 X 10 $5,936.14 100'1000l2.5GW 10G (UPOE) . rac:k~table
UFOE 1480 IVl
3 Ci=Soux>nSupport CON- $2,830.70 $28,307.00 Ex:encled service agreement • replacement • 3 2SSN 'T- 10 year-s • 8x5 . response tine: NBD . for C93A048M PAI: C930~UXM -A. C9300-48UXM-A=. CQ:300 481.lXM-A-RF
4 Cisco Config 1 Seconday Power SI.Jlpy PWR-C 1- $831.57 $8,315.70 Pew.er supply - ho<--plug I reclndant (plug-wl 1100WAC-.-..e) · 80 PLUS -..,, . AC 115-240 P/2 10 V - 1100 Watt - for PIN: C9300-24H-10A, CQ:300-

24.'-i-1 CE. C9300-48UN- 1 E. C9300L -
481JXG4X-CAP. C9300X-12Y-EOU
5 Cisco StackWise 480 STACK-T l- $43.77 $437.70 St,dting .-• 1.6 ft • lo< Ca<alyst 36..'0•24. 3650 50CM 10 48 6 Cisco Stadc.:Power CAB· $41.58 $415.80 Pc,.o,ercat, 1e . 1 a - torC.W:ayst3i SOX-12.a15ax. SPWR- 10 24 3750X-48 30CM 7 Cisco Digital Ne<wort Architecture Advantage C9300- $1,650.01 $16,500.10 T em License (3 year-s) . 48 ports . for P,N: ONA- AA.Ft. 10 l,;~ij~A . (;~-4 ijU-A--W~. l,;\l:AA.I- @JS-A. C930048UN-A. C930048UXM-A 3Y
8 Cisco Sol.6:ln SuPP01'1 • Technical support• for COl'J.

CSl00-48-E·A. C9300-0NA-A-48=. 3SS TCM- $479.52 C93CX).CNA-A-48 • phone consuffing • 24x7 93A48 10 T e:hnical ~ n . for C9300-48-E-A. CQ:300- $4,795.20 OW..-A4S=. C9300-0NA-M8 • phone corisuffing • 3 Ye.:tr • 24x7 9 Cisco C.lblys1 9300 Series N«.-m Module C9300 -NM-
10 $1,116.05 SI 1,160.50 Ex.XtnSXll'\moctue . 10 Gip)it SFP+ x8 . tor ax c.1..11uc.193Q0 10 Ci= SFP·
SfP28 transceiver mocl.lle • 10 GigE. 25 ~.lb h 10/25G-LAN • 1 OGBas,e.CSR, 25GBas,e.CSR • CSR-S= LCPC multi-mode • up to 1310 ft • 840-860 rvn • 32 $479.25 $15,336.00 forP/N; AW03-SHG-PEC=. C9300- 24H• 1 GA. C9300-24H• 1 OE. C9300·24H-1 E. C9501
4S'(4C-A-CAP
11 Cisco C.lblyst Q500 C9500-
2 $10,595.93 $21,19186 Network A~ · s¥itch · L3 • 11\Jnaged • 48 X 48Y4C-A 25GjglbitSF · rack-mounbble 12 Ci=Soux>nSupport CON- 3SSN1
2 $5,052.24 $10,104.48 Ex:ended service agreement • ntaoement • 8x5 C9504 YA4 3 Yc.:r l'C'..p~c t.-nC': M90 r P/N:

Revised 2.9.22 Page 15 of 19

Item - 1C 19
13 14
15 16
17 18
19 20
21 22
23 --~~-48Y4C-A-CO.. C95()(M8Y4C-~
Cisco CQK-PWR- $919.10 $1,838.20 Power supi:t, - tedunclant · 650 W-.t:J. - for Catalyst 650WAC - 2 9500 Rl2 Cisco Net'wo'k and Digital Network Architecture C95OO- $5,295.78 $10,S9U6 """""1age ONA-A-3Y 2 Tenn Licenw (3yea~ ) - 1 swh:h -for P,N:

C9500-40X:.»A-WS. C'9&l0-40X-A-WS,
C"~-A=. C';O!,MJ'1NAAAYU" ..A=
, support CON- $1,537.92 $3,075.84 T ec:hnical sq,port • for C-Gco ONA Advantage • 3SSTCM- 2 phone '""'''".fi -24x7 - 3 y.,, -response 6rre: 0 nln C9524QA Cisco DNA Cert er (GEN 2) 44 Core ON2-HW-
1 $40,016.92 $40,016.92 Net'Wol'tm.vagementde\lice - t0 GgE -At::, 100 - APL 240V - IU -tack-mount.lble , a,pport CON- $13,690.36 $13,690.36 Extended service agreement - replacement - 3 3SSNT - 1 yea~ -8x5 -iesponse tine: NBD - for ON2HWPL PIN: ON2-HW-APL. DN2-HW-APL=. DN2-HW-AP U. DN2-HW-Af'L-U-WS
I = C9500-40X- $14,282.72 $28,565.44 Net'Wcri: Actvw:age • switch · L3 • nunaged- 40 A 2 x 10 Gigabit SFP+ • rack-mounbble • UPOE
Cisco - Sl,pport CON- $6,812.19 $13,624.38 Extended service agreement - replacement - 3 3SSNT- 2 yea~ · 8x5 -,esponse ti'ne: NBD - for C950D4XA PIN: C95CH)-«JX-A. C'9&!0-40X-A=, C9500-40X-A RF. C95004lX-A-WS
Cisco C:tblys,t 9500 Series NEtWOrt Module C9500-NM- $1,846.95 $3,693.90 Expansion rn::dJe • 40 GQ.lbit OSFP+ x 2 · for 20 2 PIN: C9500-16X-1A. C9500-t6X-1E.

C9500-40X-104.. C9500-40X-10E. C9500-40X-A-
FT1D
PWR-C4- $919.10 $1,838.20 Power supi:t, - hx..plug I redrldant (plug-wl 950WAC - 2 11'10C11.Ae) -AC 115-230 V -950Watt- b ,.. ........ _~ 9500 1950 WatJ.\ Rl2 Cisco Net'wo'k and OiQital Network Architecture (;Q.liOO- $5,295.78 $10,591.56 """""1age ONA-A-3Y 2 Termlic::enw(3yea~ ) - 1 swh::h-for P,N:

C9500-40X-20-A-WS. C'9&l0-40X-A-WS,
C950().CfllA-40X-A=. C'9500-0NA~Y4C-A=
,support CON- $1,537.92 $3,075.84 Technical sq,port - for C-Gco ONA Adv.Ylbge - 3SSTCM- 2 i:none COf'8.tj-3 Ye-;x - 24.x:7 • C9524QA response 6rre: 0 nln Applicable Tax {9.25%) 19,626.82
sn,pp,ng $4,246.19
TOTAL $340,434.55
Certified by:. __ =O...:e...:,.,:_7?1...:.:.:::c:::•=/ =a=t~61efk,==-·=----'('-Do- n_ M_cla_ ug"-h-lin-')'------ Fim1 Name.: __ _:e::Pl..:u:::s::..T.:.e:::ch= n:.::o:::log= y.!., ::.in:.:c:... _____________ _ Signature of Authorized Person: ---~O.:::.::e'.!:.,.,'..;7?1..~ :c::!,=/ ~a~t~~=:::·!:_ ___ _ Printed Name: Don Mclaugh lin
T~e:. __ ...:S~e~n~~~r_VP'-'--------------------
Date: __ 4/1..::.:::6/-=22=-------------------

Revised 2.9.22 Page 16 of 19

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item - 1C 20

Revised 2.9.22 Page 17 of 19

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its e xecution of this Agreement .

Contractor shall also carry workers’ compensation insurance in accord ance with California workers’ compensation laws. Such insurance shall be kept in full force a nd effect during the term of this Agreement , incl uding any e xtensions. Su ch insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and des ignating the City, its elect ed officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and th e delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. M inimum Scope of Insura n ce. The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. C omprehensive general liabil ity and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one millio n dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one millio n dollars ($1,000,000.00) pe r occurrence and two million dol lars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’ s Liability Insurance with limits of at least one mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. P
rimary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primar y with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any ins urance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insuranc e and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item - 1C 21

Revised 2.9.22 Page 18 of 19

contribution it may have again st City, it s e lected officials, offic ers, employees, agents, and volunteers.

4. E rrors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability insuran ce, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Co ntractor’s services under this Agreement, or (2) to maintain professional liability insurance co verage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Suf ficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, inc luding addi tional i nsured endorsement s, affecting all of the coverages required by this Agreement. The certi ficates and endorsements are to be signed by a person authorized by that insurer to bind cover age on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserv es the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Ad ditional insured endors ements are not required f or Errors a nd Om issions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as re spects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non-contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

Item - 1C 22

Revised 2.9.22 Page 19 of 19

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

In addition to the endorsements l isted above, the City of Palm Springs sha ll be na med the certificate holder on the policies.

All certificates of insurance and endorsement s are to be received and approved by the City before work commences. All certificates of insu rance must be authorized by a person with authority to bind cove rage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. D
ed uctibles and Self -Insured Retentions. Any ded uctibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, clai m adm inistration, and def ense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantee s payment of all deductibles and self -insured retentions.

8. S
everability o f Interests (Separat ion of Insu reds). This insurance applies separately to each insured agai nst whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item - 1C 23

ATTACHMENT 2

Item - 1C 24

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-16)

CISCO NETWORK SWITCHES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

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

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

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

Item - 1C 25
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries servi ng trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

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

What if I Have Questions?

PENALTIES

*There are some additional supplementary instructions with an example following the form should you need further clarification.

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

Item - 1C 26

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
ePlus Technology, inc.

2. Address of Entity (Principal Place of Business)
13595 Dulles Technology Drive, Herndon, VA 20171

3. Local or California Address (if different than #2)
2355 Main Street, Suite 140, Irvine, CA 92614

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
 Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
 Other
Mark Marron, CEO/President X
Item - 1C 27
I l
~
~
-
'-- -
' -
-

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title
(Don McLaughlin - Senior VP)
Date
4/6/22
Eplus 100% ownership of ePlus Technology, inc
Item - 1C 28
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item - 1C 29

CITY COUNCIL STAFF REPORT
05/12/2022 1. D.

City Clerk -

SUBJECT
AWARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC. FOR

GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
RECOMMENDATION:

Approve a one-year Contract Services Agreement with Townsend Public Affairs Inc. in an amount not to exceed $69,000 per year, with the option of two one-year renewals.

1. Authorize the City Manager or his designee to execute the agreement and any subsequent renewals.

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: May 12, 2022 CONSENT CALENDAR

SUBJECT: A WARD OF SERVICE AGREEMENT TO TOWNSEND PUBLIC AFFAIRS INC. FOR GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES

FROM: Justin Clifton, City Manager

BY: Teresa Gallavan, Assistant City Manager

SUMMARY:

The City issued a Request for Proposals for grant writing and legislative advocacy services. Townsend Public Affairs Inc. was ranked the highest scoring proposer that provides the best value to the City. The City desires to award a one-year service agreement, with two one-year renewals, to Townsend Public Affairs Inc.

RECOMMENDATION:

1. Approve a one- year Contract Services Agreement with Townsend Public Affairs Inc. (Attachment A) in an amount not to exceed $69,000 per year, with the option of two one-year renewals.

2. A uthorize the City Manager or his designee to execute the agreement and any subsequent renewals.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Townsend Public Affairs Inc. is included as Attachment B.

BACKGROUND:

The City is in need of consultant services to assist with grant writing as well as occasional legislative advocacy services. A request for proposals was issued through the Procurement and Contracting Department. The City received five proposals.

STAFF ANALYSIS:

A Request for Proposals (RFP 12-22) was issued to solicit proposals for grant writing and legislative advocacy services. Five proposals were received and reviewed by an Item - 1D 1
evaluation committee against the evaluation criteria published in the RFP . Evaluation criteria considered was the firm’s experience, the teams ’ experience, the firm ’s understanding of the scope of work, local preference, and cost. Assistant City Manager, Teresa Gallavan; Deputy City Manager, Flinn Fagg; and, Library Director and Interim Parks & Recreation Director, Jeannie Kays were the evaluating committee. Proposals were received from:

• Townsend Public Affairs, Inc.
• California Consulting, Inc.
• Thorn Run Partners Government Relations
• Engineering Solutions Services
• CrisCom Company

Townsend Public Affairs Inc. presented the most competitive proposal and was ranked the highest by the evaluation committee.

Townsend Public Affairs Inc. was founded in 1998 and has successfully submitted grants for more than $2.2 billion in state, federal, and local government grants as well as grants from nonprof it organizations and private companies. They have also successfully shepherded more than 100 cli ent-sponsored legislative proposals into law. They were one of the few proposing firms that will be able to serve the City’s needs completely in- house, without subcontractors. The monthly fee for services is $5 ,750 and includes all grant writing and legislative advocacy services and related costs. The agreement is for one year with an option for two one-year renewals.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Grant writing will assist with potential funding for projects aligned with City Council priorities including Quality of Life, Environmental Stewardship, and Community Infrastructure projects and programs.

Item - 1D 2
FISCAL IMPACT:

The annual agreement is for $69,000. Sufficient funds are available in the General Fund for FY 21/22 and the proposed FY 22/23 budgets.

REVIEWED BY:

Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Service Agreement for Townsend Public Affairs Inc.

B. Public Integrity Disclosure Forms
Item - 1D 3
CONTRACT SERVICES AGREEMENT A9107

GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES

THIS AGREEMENT FO R CONTRACT S ERVICES (“Agreement”) is mad e and entered into on _____________, 20__, by and between the City of Palm Springs, a Califo rnia charter city and mun icipal cor poration (“City”), and Townsend Public Affair s Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a Grant Writer and Legislative Advocate.

B. C ontractor has submitted to Cit y a pro posal to provide g rant writing and legislative advocacy, under the terms of this Agreement.

C. Based on its e xperience, educat ion, training, and r eputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, an d other val uable consi deration, t he receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Ser vices. In compliance with all terms and c onditions of thi s Agreement, Contractor shall prov ide se rvices to C ity a s described in the Scope of Services/Work attached to th is Agreement as Exhibit “A ” and incorpo rated herein by reference (the “ Services” or “ Work”). Exh ibit "A" in cludes the a greed upon schedule of performance and th e schedule of fees. Contractor warrants that the Services shall be performed in a compe tent, professional, and satisfactory manner consistent with the level of care and skill ordin arily exercised by hig h quali ty, e xperienced, and well qualif ied members of the profession c urrently practicing under si milar conditions. In the event of any inc onsistency between the terms contai ned in the Scope of S ervices/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing t he Ser vices. Con tractor shall be lia ble for all violati ons of s uch la ws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contrac tor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

Item - 1D 4

1.4 F amiliarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered h ow the Work should be performed and fully under stands the facilities, difficulties, and r estrictions atte nding perfor mance of the Work under this Agreement.

2. T IME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Con tractor shall be compensated and reimbursed for the s ervices rend ered under this Agreem ent in accordance with t he schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $69,000 for the initial term based on a flat monthly retainer.

3.2 Method of Payment. In any month in which Co ntractor wishes to r eceive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such mon th, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by Cit y and co nsistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In th e event any change or c hanges in t he Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any add itional fees. An a mendment m ay be entered into:

A. T o provide f or revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional service s n ot included in th is Agr eement or not customarily furnished in accordance with gen erally accepted practic e in C ontractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a F orce Maj eure Event if Contractor notifies the Contract Office r within ten (10) days of the comm encement of the Force Majeure Event. A Forc e Majeure Event shall mean an event t hat materially affects Item - 1D 5
the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) order s o f g overnmental authoriti es (including , wit hout limitation, unreasonable and unforeseeable delay in the i ssuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or q uarantine restrictions.

For p urposes of thi s secti on, “order s o f gov ernmental authorities,” incl udes ordinances, emergency proclam ations and orders, rules to protect the public health, welfare and safety, and other actions of the City i n its ca pacity as a muni cipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay , and ext end the ti me for performing the Services for the peri od of t he enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of ficer’s determination shall be final and conclusive upon the P arties to this Agreement. The C ontractor will not receive an adjustment to the contract price or any other compen sation. Notwithstanding the f oregoing, the City may still terminate t his Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unles s earlier terminated in accordance with Section 4.5 o f this Agreement, this Agreement shall continue in full force and effect for a period of one year with two one -year options, commencing on upon issuance of a Notice to Proceed a nd ending on one year later, unless extended by mutual written agreement of the Parties to exercise the options.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, t he per iod o f notice shall be s uch shorter time as may be determined by the City . Upon r eceipt of th e notice of term ination, Contractor shall immediately ce ase a ll Services excep t such as may be specifically approved by t he Contract Officer. Contractor shall be entitled to c ompensation for all Ser vices rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation f or termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it dee ms n ecessary to correc t Contractor's d eficiencies and charge the cost th ereof to Contractor, who sh all be liable for the full cost of th e City's cor rective action. Contractor may not terminate this Agr eement except for cause, upon thir ty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative o f Contractor. T he f ollowing princip al of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decis ions in its behal f with r espect to th e specified Services: Christopher Townsend, President. It is e xpressly underst ood that th e experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City t o enter i nto this Agr eement. T herefore, the foregoing principal shall be responsible during the term of this Agreement for directing all act ivities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement . The foregoing principal may not be changed by Co ntractor without prior written approval of the Contract Officer.

Item - 1D 6

5.2 Contract Office r. The Contr act Office r shal l b e the Cit y Manager or his/her designee ("Contract Officer"). Contractor shall b e responsible fo r keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that m ust be made by C ity to the C ontract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontract ing or Assignment. The exper ience, knowledge, educat ion, capability, and reputation of Contractor, its p rincipals, and employees, were a substantial inducemen t for C ity to ent er into this Agr eement.

Contractor sh all not contract with a ny other individual or entity to perf orm any S ervices required under this Agreement without the City's express wr itten approval. I n ad dition, neither this Agreement nor any int erest may be assigned or transferr ed, voluntarily or by operation of law, witho ut the prior w ritten approval of City . Subcontracts, if a ny, shall contain a provisions making t hem subject to al l p rovisions sti pulated in this Agreement including without limi tation the insurance and indemnifi cation requirements. If Contractor is permit ted to subcontract any par t of this A greement by Cit y, Co ntractor shall be responsible to City f or the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothin g contained in this A greement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any o f its employees shall have any control over the manner, mode , or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an in dependent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations a s are c onsistent with that role ; however, C ity shall have the right to review Contractor’s work produ ct, result, and advice. Contractor shall not at any time or in any manner represent that it or any of it s agents or employees are agents or employees o f City. Contractor sh all pay all wages, salaries, and other amounts due personnel in connection with th eir performance under this A greement and as required by law.

Contractor shall be responsible for all r eports and obligations respecting such personnel, including, but not limited to: so cial security taxes, income tax with holding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any auth ority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services i n this Agreement. Contractor shall not alte r the assignment of t he following personnel without the prior written approval of t he Cont ract Officer. Acting thr ough the City M anager, the City s hall have the unrestricted r ight to or der the removal of any personnel assigned by Contractor by providing written notice to Contractor.

N ame: T itle:

Christopher Townsend President
Cori Takkinen V ice President
Sean McReynolds Senior Associate
Ben Goldeen Federal Advocacy Manager
Alex Gibbs Grants Manager
Anastasia Heaton Associate
Carly Shelby Legislative Associate
Item - 1D 7

5.6 California Labor Code Requirements.

A. Contractor is aware of the require ments of California Labor Code Sections 1720 et s eq. and 1770 et seq., which require the payment of prevail ing wa ge rates and the performance of other requirements on certain “ public works” and “maintenance” pr ojects (“Prevailing Wage La ws”). If the Services are being perfor med as part of an applicable “public works” or “ma intenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or mo re for ma intenance or $25,000 or m ore for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmles s from any cl aims, liabilitie s, costs, penalties, or interest arising out of any failure or alleged failure to compl y with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code p rovisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5) , certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. I f the Services a re being performed as part of an applicable “ public work s” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demol ition, installation, or repai r, then pursuant to Labo r C ode Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such S ervices mu st be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of t he Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enf orcement by t he Department of Industrial Relations. It shall be Contractor’s sole r esponsibility to comply with al l a pplicable registration and labor compliance requirements.

6. INSURANCE
Contract
or shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harm less City, its elected off icials, officers, employees, agents, and volu nteers (collect ively the “Indemnified Parties ”), fr om and against any and all liabilities, actions, suit s, claims, demands, losses, costs, judgments, arbitr ation awards, settlements, damages, demands, orders, penalt ies, a nd expenses i ncluding legal costs a nd attorney fees ( collectively “Claims”), including but not li mited to Claims arising from injuries to or death of persons (Contractor’s employees incl uded), for d amage to property, inc luding property owned by City, for any violation of any federal, state, or local law o r o rdinance or in an y manner arising out of, pertaining to, or incident to a ny acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause exc ludes Claims arising f rom th e sole negligence or willful misconduct of the Indemnified Parties . Und er no circum stances shall the insurance requirements and limits set f orth in this Agreeme nt be con strued t o limit Co ntractor’s indemnification obligation or other liability under t his Agreement. Contractor ’s indemnification obligatio n shall survive the ex piration or ea rlier termin ation of t his Item - 1D 8
Agreement until all actions a gainst the Indemnifi ed Parties for su ch matters indemnified are fully and finally barred by t he applicable statute of limitations or, if an action is tim ely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obl igation to defend, indem nify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or re late to the negl igence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this A greement, and, upon Contractor obtaining a final adjudic ation b y a co urt o f competent jurisdiction, Contractor ’s lia bility for s uch claim, including t he cost to d efend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertaining in any way to this Agreeme nt.

Contractor shall keep su ch books and r ecords as sh all be necessary to proper ly perform the Services required by t his Agreement and enable the Cont ract Officer to eva luate the performance of suc h Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 O wnership of Documents. All d rawings, spec ifications, reports, records, documents, and ot her m aterials prepared by Contractor in the perf ormance of t his Agreement shall be the property of City. Contractor shall deliver a ll above -referenced documents to Ci ty upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for furt her e mployment or additional compensation as a resul t o f the exercise b y City of its f ull rights or owners hip of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted r ight to use the c oncepts embodied in such documents.

8.4 Release of D ocuments. All dr awings, specificatio ns, report s, re cords, documents, and other materials pre pared b y Contractor in the performance of S ervices under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of C ity, such access to C ontractor’s books, record s, pay roll document s, and facilities as C ity deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contra ctor’s performance under this Agreement. Cont ractor shall m aintain such books, rec ords, data, and documents in accordance with gene rally ac cepted acc ounting principle s and shall clearly ide ntify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

Item - 1D 9

9. ENFORCEMENT OF AGREEMENT

9.1 C alifornia Law. T his Agreement shall be construed and interpr eted both as to validity and to performance of the parties in acc ordance with the laws of t he State of California. Legal action s con cerning any dis pute, claim , or m atter arising out of or in relation to this Agr eement shall be institu ted in t he Supe rior C ourt of the County of Riverside, State of Calif ornia, or any othe r appropriate cou rt i n suc h coun ty, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties.

The term s of this Agreement ar e contractua l and the result of nego tiation between the Parties. Accor dingly, any rule of c onstruction of contracts (including, without li mitation, California Civil Code Se ction 1654) that ambiguities are to be construed agai nst the drafting party, shall not be employed in the interpretatio n of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, ex pand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omissi on in t he exercise of any right or remedy of a non - defaulting Party on any default shall impair such r ight or re medy or be constru ed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any s ubsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiv er of any other default concerning the same or any other provision of this Agreement.

9.4 Rig hts and Remedies are Cumulative. Except with respect t o rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by eith er Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or r emedy any default, to recover damages for any de fault, to c ompel specific performance of thi s Agreement, t o ob tain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to suc h other relief as may b e granted, t o recover from the non - prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable a ttorney fees , ex pert contrac tor fee s, court cos ts a nd all fees , cos ts, and expenses incurred in a ny appeal or in c ollection of any judgment entered in suc h proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be pers onally liable to the Contractor, or any successor-in-interest, in the event of any default or breach b y City or for any amount which may become due to the Contract or or its successor, or for breach of any obligation of the terms of this Agreement.

Item - 1D 10

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct o r 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 (1) year the reafter. 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.

10.3 Covenant Against Discrimination. In connection with its p erformance under this Agreement, Contractor shal l n ot d iscriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital st atus, ancestry, national origin ( i.e., p lace of origin, immigration st atus, cultural or ling uistic characteristics, or e thnicity), sexual orientation, gender identity, gender ex pression, physical or mental di sability, or medical condition (each a “prohibi ted basis”). Contractor shall ensure that applicants are employed, and that employees are tre ated during their employment, with out regard to any prohibited basis. As a condit ion precedent to C ity’s lawful cap acity to ente r th is Agree ment, and in executing this A greement, Contractor certifies that its actions and omissions hereunder shall not incorporate any dis crimination arising from or related to any prohibited basis in any Contractor activit y, including but not limited to t he follo wing: emplo yment, upgrading , demotion or tr ansfer; recruitme nt o r recruitment advertising; layoff or termination; rates of pay or other f orms of compensation; and selection for training, including apprenticeship; and further, that C ontractor is in full compliance wit h the provis ions o f Palm Sp rings Municipal Code Secti on 7.09. 040, including without limitation the provision of benefit s, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mai led as pr ovided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Townsend Public Affairs Inc.

Attention: Christopher Townsend, President
1401 Dove Street, Suite 330
Newport Beach, CA 92660

11.2 I ntegrated Agreemen t. This Agreement constitutes the entire under standing between the Parties and s upersedes and cancels all prior negotiations, a rrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agre ement shall be interpreted in such a manner as to be effective and valid under applicable law. In the Item - 1D 11
event that any one or more of the phrases, sentences, clauses, para graphs, or sections contained in this Agreement s hall be declared invalid or unenforce able by valid judgment or decree of a court of competent jurisdiction, s uch invalidity or unenforceability shall not affect any of the remaining phrases , sentences, clauses, paragraphs, or sec tions of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and i nure to the benefit of the Parties’ successors and assignees.

11.6 Third Part y Beneficiary. Excep t as may be expr essly p rovided for in this Agreement, no thing contained in this Agreement is intended to confer, nor shal l this Agreement be construed as c onferring, any rights, including, without limitation, any rights as a third -party beneficiary or othe rwise, upon any entity or p erson not a party to thi s Agreement.

11.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The person s executing this Agreement on behalf of the P arties warrant that they are dul y authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in cou nterparts, each o f which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item - 1D 12

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE C ITY OF PALM SPRINGS AND TOWNSEND PUBLIC AFFAIRS INC.

IN WITNESS WHEREOF, the P arties have execut ed 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. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ Jeffrey S. Ballinger, Anthony Mejia,
City Attorney Ci ty 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 - 1D 13

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance
Item - 1D 14

SCOPE OF WORK

1.1 Background:

The City provides a wide variety of services to its citizens on a daily basis. Budgets are st
retched thin to provide these services and therefore there is always a need to locate outside funding through grants to allow Departments to do even more for it’s citizens.

The Contractor will provide a critical role in identifying the needs, locating the funding sources and providing assistance to the City i n obtaining avai lable funding that will bring the most value to the City.

1.2 Scope:

A. S tr
ategic Planning/Needs Assessment

1. The Contractor shall provide an experienced team that will work with City preferably for term of contract.

2. The Contractor will m eet with the City team and review Capital Improvement Plan and ot her strategic planning documents to ide ntify funding needs and project scopes.

B. Identify, Research, Monitor Funding Opportunities

1. The Contractor will i dentify best projects, those likely to be most competitive for grant award.

2. The Contractor shall r esearch funding opportunities at county, state and federal level as well as from private grant entities that align with City’s strategic needs.

3. The Contractor will provide an und erstanding of the grant application process with ability to answer questions clearly and thoroughly.

4. The Contractor will p rovide monthly report on grant opportunities available and grant applications submitted and their status throughout the life of the grant.

C. Grant Application Development & Submittal

1. The Contractor shall p repare and submit grant applications.

2. The Contractor will p repare/gather demographi c information, statisti cs, and collateral material such as letters of support to tell a complete story of our community need.

3. The Contractor will use its most qualified resources in writing successful grants for City departments including but not limited to Parks & Recreation, Libraries, Engineering/Public Works/Transportation, Airports, Public Safety (Fire and Police), Community & Economic Development, Planning, and Sus tainability & Recycling.

4. The Contractor will present grant applications to entities for funding such as Caltrans, Southern California Associated Governments (SCAG), Riverside County Transportation Commission (RCTC), state & federal funding for transportation and active transportation grants, Proposition 68 funding, the Land Water and Conservation Fund, and other state/federal parks funds, the California State Library, National Endowment of the Arts and other arts funding sources.

Item - 1D 15

5. The Contractor will o ffer expert advice on how to determine outputs, outcomes, and measure of success as required in most grant applications.

6. The Contractor will o ffer expert advice on how to make grant applications as competitive as possible.

7. The Contractor will b e available fo r meetings wit h staff and stakeholders to facilitate grant development.

8. The Contractor will d evelop timelines and work with staff to ensure team meets grant deadlines and submits complete and competitive applications.

D. Advocacy and Follow-up

1. The Contractor will a dvocate for funding after grant application submitted by contacting legislators and/or officials.

2. The Contractor will p repare any requested follow-up materials.

3. The Contractor will a ssist with post-award administration and compliance.

4. For unsucc essful applicatio ns, the Contractor shall conduct a briefing with awarding agency to learn how application could be improved in the future.

E. Legislative Advocacy Services
The Contractor will provide occasional legislative advocacy services to include:

1. D evelop legislative strategy for specific agenda items

2. O rganize advocacy visits

3. Prepare materials

4. L obby for legislation

5. P rovide regular status updates to client

6. P repare and file applicable lobbying disclosure reports a. Compensation:

Work will be co mpensated on flat retainer rate basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item - 1D 16

ATTACHMENT "F" BAFO

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 12-22)

GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) ITEM DESCRIPTION Unit of Measure Rate
4 1-le1,1FI)' Rate JeF ~FaAl ),0.!fitiA!j aAa ~
be!jislaUYe ,o,a,~esas;i SeP,•ises $dGG.GG ~eF l=ie1,1F 2 Monthly All-Inclusive Retainer for Grant Monthly Type text here Writing and Legislative Advocacy
Services $5,750 per month *
~ This fee reflec ts an 11 % discoun t offered exclu sively to the City of Palm Springs Certified by: CHRISTOPHER TOWNSEND
Firm Name: TOWNSEND PUBLIC AFFAIRS
Signature of Authorized Person: ... a ....... ~~-=---------------- Printed Name: CHRISTOPHER TOWNSEND
Title: PRESIDENT
Date: MARCH 23, 2022
Item - 1D 17
EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item - 1D 18

INSURANCE

1. P rocurement and Maintenance of Insurance. Contractor shall procure and maintain public liability an d pr operty damage insur ance a gainst al l cla ims for i njuries against pers ons or d amages to property resulting from Cont ractor’s per formance unde r this Agreement. Contractor shall procure and m aintain all insur ance at its sole cost and expense, in a form and cont ent satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insu rance shall be kept in full force and effect during the term of thi s Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed c ancellation. Certificates of insuran ce evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Min imum S cope of Insurance. The minimum a mount of insu rance required under this Agreement shall be as follows:

1. Comprehensive gener al liability and personal i njury wit h limits of at least o ne million dolla rs ( $1,000,000.00) co mbined single limit coverage per oc currence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least o ne million d ollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and om issions) insurance with limits o f at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Wor kers’ Compensation insurance in the st atutory amount as required by t he State of Cal ifornia and Em ployer’s Liability Insu rance with limits of at least one million dollars $1 million per occurrence . If Contractor has no employees, Contractor shal l complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims re lated to this Agreement, Contractor’s insurance coverage shall be primary with res pect to the City and it s respectiv e elected officials, officers, empl oyees, agents, a nd v olunteers. A ny i nsurance or self -insurance maintained by Ci ty a nd its respective ele cted officials, officers, e mployees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. E rrors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Con tractor provides claims made prof essional liability in surance, Cont ractor shal l also agree in writing either (1) to purchase tail insura nce in the amount required by this Agreement to cov er claims made wit hin three year s of t he completion of Contractor ’s Item - 1D 19
services under this Agreement, or (2) to maintain professional liability insurance coverage with the s ame carrier in the amount r equired by this Agreement for a t least thr ee years after completion of Contractor ’s services under this Agreement. Contractor shall also be required to prov ide ev idence to City of t he purchase of the required tail in surance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good stan ding with the State of California. Coverage shall b e provided by insurers admitted in the State of California with an A. M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificat es of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behal f. All proof of insurance is to be received and approved by the City before work co mmences. C ity reserves the right to require Contractor’s insurers to provide complete, certified copies o f all required insurance pol icies at any ti me. A dditional insured e ndorsements a re no t required for Errors and Omissions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is p rimary and non -contributory over any insurance or s elf- insurance t he City may have..." (" as respects City of Palm S prings Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. " Should any of the above describe d policies be canceled before t he expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "bu t failure t o mail such notice shall impose no obligation or liability o f any ki nd u pon the company, its agents or representative" is not acceptable and must be crossed out.

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

Item - 1D 20
All ce rtificates of i nsurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind cover age, whether that is the authorized agent/broker or insura nce underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and S elf-Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, of ficers, employees, agents, and volunteers; or (2) C ontractor shall p rocure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance mus t include evidence of the amoun t of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of I nterests (Separation of Insureds) . This i nsurance applies separately to each in sured agains t whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item - 1D 21
Proposal for Grant Writing and Legislative Advocacy Services | City of Palm Springs Page 29 FORMS
0 1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Townsend Public Affairs Inc.

2. Address of Entity (Principal Place of Business)
1401 Dove Street , Suite 330 , Newport Beach , CA 92660

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Christopher Townsend 0 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Item - 1D 22

Proposal for Grant Writing and Legislative Advocacy Services | City of Palm Springs Page 30

FORMS

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
A.

Christoeher Townsend 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest In entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial Interest in entity and name of entity]
E.
[name of owner/investor] Town sen1 Pubh~Affa1~ we. fi . 1 interest in entity percen ge o ene c,a and name of entity]

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

Date
3/1/2022
Item - 1D 23

CITY COUNCIL STAFF REPORT
05/12/2022 1. E.

City Clerk -

SUBJECT
APPROVE AGREEMENT A9067 WITH TRANSCORE HOLDINGS, LLC DBA

TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED VEHICLE

IDENTIFICATION SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT RECOMMENDATION:

1. Authorize the City Manager or Designee to execute all documents.2.

Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: MAY 12, 2022 CONSENT CALENDAR

SUBJECT: APPROVE AGREEMENT A9067 WITH T RANSCORE HOLDINGS, LLC

DBA TRANSCORE LP FOR THE PURCHASE OF AN AUTOMATED

VEHICLE IDENTIFICATION SYSTEM FOR T HE PALM SPRINGS

INTERNATIONAL AIRPORT

FROM: Justin Clifton, City Manager

BY: Aviation Department

SUMMARY:

This item will approve the purchase of a new Automated Vehicle Identification system (AVI) from TransCore, LP for the Palm Springs International Airport (Airport), which provides real-time tracking of all commercial and courtesy vehicles in and out of the airport commercial loop road, including taxis, buses, limousines, and Transportation Network Companies (TNC).

RECOMMENDATION:

1. Approve Agreement No. A9607 (Attachment A) with TransCore Holdings, LLC dba TransCore LP to provide an Automated Vehicle Identification system at the Palm Springs International Airport in the amount of $611,122 for a three-year term beginning on May 16, 2022 and ending on May 15, 2025. This amount consists of an initial $479,249 purchase price for the system and maintenance support for Year One at $10,192; Year Two at $59,332; and Year Three at $62,349.

2. Authorize the City Manager or Designee to execute all documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure included in the response to RFP 09- 22 (Attachment B), TransCore is a Limited Partnership registered in Delaware with a principal place of business in Nashville, Tennessee.

BACKGROUND:

Each year, t housands of commercial transportation vehicles serve the Palm Springs International Airport (PSP), and ground transportation is an important component of the Item - 1E 1
City Council Staff Report
May 12, 2022 -- Page 2
TransCore LP Agreement A9067 – Airport Automated Vehicle Identification System

airport tr avelers’ experience. To provide a continuous interface between commercial vehicles and passengers, the Airport utilizes an Automated Vehicle Identification system (AVI), a specialty software application to monitor and manage ground transportation services that is commonly used by airports throughout the industry. The AVI system ensures the orderly dispatching of taxicabs from the Airport’s Ground Transportation Center to the front of the terminal, and track s and report s the operations of taxis, limousines, shuttle vans, buses, and Transportation Network Companies (Uber and Lyft) that provide pick -up and drop- off services at PSP. Vehicles carry a radio- frequency identification transponder with a unique identification code to report trip activities through an application- based program. AVI readers and antennas mounted on the Airport ’s roadways track and record the number of times each vehicle passes through PSP. The AVI reader calculates a per-trip charge, which is applied and invoiced to the operator of the vehicle. The AVI company provides the vehicle transponders, transponder codes, antennae and software used to capture the trip data.

STAFF ANALYSIS:

The current AVI system installed in 2009 has reached the end of its usef ul life and replacement parts are increasingly difficult to find, as is technical support for the ailing system.

The Procurement and Contracting Department worked closely with the Aviation Department to develop the specifications to conduct a formal Request for Proposals process (RFP 09-22) that was publicly advertised twice in the local newspaper, posted to the Plan etBids procurement website and industry website of American Association of Airport Executives (AAAE).

The Procurement Department received one proposal from TransCore, LP. TransCore is recognized worldwide as the leader in automatic vehicle identification systems and seventy airports in North America use their systems and services, including eight (8) of the top ten (10) airports as measured by Airports Council International.

An evaluation committee comprised of the Interim Airport Executive Director, Airport Operations Manager and Airport Information Technology Network Administrator carefully reviewed the proposal based on several published criteria including firm’s experience, staff experience, understanding of the scope, local preference , a nd cost. Staff is recommending that City Council award the contract for the AVI system to TransCore LP.

The AVI system amount of $479,249 includes all costs associated with parts and installation of the new system, GateKeeper support, 500 window sticker transponders, and all costs associated with the removal and proper disposal of the existing system. The AVI contract with TransCore includes hardware and software maintenance services, including emergency repairs.

Item - 1E 2
City Council Staff Report
May 12, 2022 -- Page 3
TransCore LP Agreement A9067 – Airport Automated Vehicle Identification System

FISCAL IMPACT:

Funds for the purchase of the system in the amount of $479,249 are available in Airport Account 4167065-60020, project code ARPT- SCP - AIRPORTCAP - INTERNAL - AVI AUTO V: AVI AUTO VEHICLE IDENTIFICATION . Funds for the first-year maintenance and support fee of $10,192 are available in Airport Account 4157040-40105.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Mark Velasquez
City Manager: Justin Clifton

ATTACHMENTS:

A. Contract Services Agreement A9067
B. Response from Trans Core LP to RFP 09- 22 including Public Integrity Business Disclosure
Item - 1E 3

Revised 2.9.22 Page 1 of 24

CONTRACT SERVICES AGREEMENT A9067

AUTOMATED VEHICLE IDENTIFICATION SYSTEM

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on May 16, 2022, by and between the City of Palm Springs , a California charter city and municipal c orporation (“City”), and Trans Core Holdings, Inc, dba Trans Core LP, a Delaware limited partnership, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the s ervices of a licensed and experienced contractor , for an automated vehicle identification system at the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide an automated vehicle identification system, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services ” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner con sistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contract or sha ll comply with all applicable federal, state, and local laws, statutes and ordinances and all lawf ul orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item - 1E 4

Revised 2.9.22 Page 2 of 24

1.3 Licenses and Permits . Contractor shall obtain at its so le cost and expense such licenses, permits, and approvals as may be required by law for the performance of the S ervices required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon s chedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non -performing Party. Delays shall not entitle Cont ractor to any additional compensation regardless of the P arty responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance wi th the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $611,122.00.

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent w ith this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is reque sted by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to , and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item - 1E 5

Revised 2.9.22 Page 3 of 24

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.3 Force Majeure. The time for performance of S ervices to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other a cts 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 W ork); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capac ity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the S ervices for the period of the enforced delay when and if , in the Co ntract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the P arties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Not withstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. U nless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years, commencing on May 16, 2022, and ending on May 15, 2025, unless ext ended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor . W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such short er time as may be determined by the City. Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed S ervices and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor , who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item - 1E 6

Revised 2.9.22 Page 4 of 24

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: John Azevedo, Principal Engineer, Airport Systems and Services . It is expressly understood that the experience, knowledge , education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into t his Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the S ervices under this Agreement. The foregoing principal may no t be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer . The Contract Officer shall be the City M anager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the S ervices. Contractor shall refer any decisions that must be made by City to the Co ntract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contra ctor shall n ot contract with any other individual or entity to perform any S ervices required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntar ily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisio ns stipulated in this Agreement including without limitation the insurance and indemnification requir ements. If Con tractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its e mployees shall have any control over the manner, mode , or means by which Contractor , its agents or em ployees, perform the Services required, except as otherwise specified . Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent c ontractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obl igations respec ting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compens ation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor a grees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel Item - 1E 7

Revised 2.9.22 Page 5 of 24

without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

John Azevedo Principal Engineer, Airport Systems and Services

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “ maintenance” pr ojects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or m ore fo r construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents fre e and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upo n t he Contractor and all subcontractors to comply with all California Labor Code provision s, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor (La bor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for m aintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Ind ustrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of ins urance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

Revised 2.9.22 Page 6 of 24

judgments, arbitration awards, set tlements, damag es, de mands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injur ies t o or d eath of persons (Contractor ’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions , or willful misconduct committed by Contractor, its o fficers, employ ees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified P arties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expir ation or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the C laims arise out of, pertain to, or relate to the neglige nce, r ecklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement , and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor ’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Servi ces required by this Agreement , or as the Contract Officer shall require.

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

8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor i n the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no cl aim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an un restricted right to use the concepts embodied in such documents.

Item - 1E 9

Revised 2.9.22 Page 7 of 24

8.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released pub licly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of the parties in accorda nce with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superio r C ourt of the County of Riverside , State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and i dentification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver
. No delay or omission in the exercis e of any right or remedy of a non- defaulting Party on any default shall impair such rig ht or remedy or be construed as a waiver.

9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Ag reement, the rights a nd remedies of the parties are cumulative . The exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

Item - 1E 10

Revised 2.9.22 Page 8 of 24

9.5 Legal Action. In addition to any other rights or remedies, either P arty may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel spec ific performanc e of t his Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement res ults in litigati on or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to re asonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any dir ect or indirect financial interest in this Agreement, nor shall Contractor enter into a ny agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) 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.

10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of actua l or perceiv ed rac e, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethn icity), 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 l awful capaci ty 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, i ncluding 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 fu rther, that Cont ractor 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.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item - 1E 11

Revised 2.9.22 Page 9 of 24

writing and either served personally or sent by pre -paid, first-class mail to th e address set f orth below. Notice shall be deemed communicated seventy- two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: TransCore, LP
Attention: John Azevedo
150 4th Avenue North, Suite 1200
Nashville, TN 37219

11.2 Integrated Agreement
. This Agreement constitutes the entire understanding
between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to t he subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shal l b e interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable b y valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary
. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. T he perso ns executing this Agreement on behalf of the P arties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

Item - 1E 12

Revised 2.9.22 Page 10 of 24

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON NEXT PAGE]
Item - 1E 13

Revised 2.9.22 Page 11 of 24

SIGNATURE PAGE TO AGREEMENT No. A9067 BY AND BETWEEN THE CITY OF PALM SPRINGS AND TRANSCORE HOLDINGS, INC. DBA TRANSCORE LP

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

CONTRACTOR:

By:
_______________________________________ By: ___________________________________________ Signature Signature
(2nd signature required for Corporations)

Name:____________________________ Name: ______________________________

Title: _____________________________ Title: _______________________________

Date:
_______________________________________ Date: __________________________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney Interim City Clerk

APPROVED:

By: _______________________________ Date:

Justin Clifton,
City Manager

Item - 1E 14

Revised 2.9.22 Page 12 of 24

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item - 1E 15

Revised 2.9.22 Page 13 of 24

1.1 General Requirements:

The Contractor shall provide a real-time tracking system for all commercial and courtesy vehicles into the commercial loop and upon departure from the commercial loop road that meets the following requirements:

A. VISUAL DISPLAY/REAL-TIME MONITORING: The system provides real -time control of taxi arrivals at the Ground Transportation Center (GTC), into the commercial loop, and upon departure from the commercial loop road.

B. The AVI frequency shall be in compliant with FCC standards and not interfere with any frequencies used for air traffic control, navigation, aviation communic ations, or other Airport-based functions
C. Taxi cabs that are queued up from the GTC to proceed to the co mmercial loop road but do not enter the commercial loop road within a programmable desi gnated time interval are subsequently removed from the queue and t he tax i needs to re -enter the GTC to start the process over.

D. BILLING REPORTS: System gene rated reports include financial and stat istical tracking and reporting, provide summarized and detailed billing by company. Data can export to Excel worksheets.

1. No
Cha rge Fees: where a transponder may be assigned to a vehic le and no access fee is assigned for usage when entering the Commercial loop road.

2. Automatic account billing of per trip fees for taxi s (non- appointment) and access fees for each type and size of comm ercial vehicles, including taxis await ing appointment pickup.

3. Customized invoice printing by company to include:
a. Taxi per trip fees and access fees for all taxis under Company. b. Access fees by type and size for all commercial vehicles under company c. No Load credit for each vehicle.

4. Billing summary by Company for accounting:
a. Summary of per trip fees for all taxis under Company and; b. Summary of access fees for all taxis under Company.

1.2 AVI System Required Minimum Performance Specifications:

The Contractor shall provide a system with the following minimum requirements:

A. Ground Transportation Center Operations

1. The GTC consists of an area in which taxis stage and are summoned. This shall consist of the minimum following features:
a. Vehicle Entry Reader ( LPR ( License Plate Recogni tion)-based preferred, RFID (Radio Frequency Identification) acceptable)
b. Vehicle Exit Reader (LPR-based preferred, RFID acceptable) Item - 1E 16

Revised 2.9.22 Page 14 of 24

c. Outdoor Digital Queue Display (easily visible from GTC parking lot) d. Indoor Digital Queue Display
B. Commercial Lane

1. Once summoned, upon exiting the GTC, ta xis are required to ent er the commercial lane within five to seven minutes. An (LPR preferred, RFID acceptable) controlled gate arm shall be in stalled that allows access to the commercial lane for taxis, commercial and des ignated non- commercial vehicles. A dditionally, there s hall be appropriate hardware and software installed in the taxi stand to a llow an attendant to monitor the commercial lane and status of vehic les via so ftware, and summon more taxis as needed usi ng a re mote (software based) summons butt on. Once passengers are loaded, they exit the commercial lane, and the vehicle information is recorded as having exited the commercial lane.

2. The AVI system shall be capable of function ing in an outdoor environment w hich has extreme ambient temperatures as high as 125 degrees F and in air that contains constant fine particulate sand from the desert environment. All exterior vi sible components sha ll be white in color with exception of appearances that are not subject to covering or painting, example; camera lenses.

3. Attachment “A-1” depicts the locations of the current system equipment and defines the allowable vicinity of where the new system will be installed.

4. Contract costs include all costs associated with the ins tallation, parts, support and maintenance of the new system and all costs associated with the removal and proper disposal of the existing system components.

5. The AVI sys tem shall use (LPR -based preferred, RFID acceptable) techn ology as the primary method to detect vehicles.

6. The AVI system shall, at a minimum, provide the existing tracking, monitoring, recording, and reporting features of the existing system.

7. The AVI system shall, at a minimum, capture:
a. Company name, address, phone
b. Fleet number
c. License plate number
d. Make/model/type (van, sedan)
e. Complete history of Commercial Vehicle activity (entrances, exits, dwell, etc.)

8. The AVI system should provide a cloud based, graphical software for monitoring, management, and billing.

9. The AVI system should have geo-fencing capabilities.

C. Software

1. The AVI Software shall have at a minimum, the exiting feature set of the current AVI software.

Item - 1E 17

Revised 2.9.22 Page 15 of 24

2. The AVI Software should have a local/hosted option.

3. The AVI Software shall use transaction information to develop appropriate charges, as identified by the airport. The AVI software shall have a flexible trip fee function that allows the creation of an almost unlimite d structure o f fee types a nd levels without the development of any new software.

4. The AVI software, shall have a module to provide the capability to minimize the administrative effort re quired by airport staff to maintain Ground Trans portation (GT) Operator accounts as well as to a llow these users to have access to their account activity information as needed without re questing help from the airport staff. This capability shall be avai lable through the implementation of a secure website that is exposed to outside users with the proper login and password.

5. The AVI software shall provide the ability to be able to cancel or credit a ride once they are in the commercial lane.

6. The AVI software shall provide the ability to summons certain ta xis up based on features such as car seat, wheelchair accessible, etc.

7. The AVI software shall provide the ability to delete taxis fro m the GTC when they are no longer there.

8. Contractor shall provide all main tenance of data to include s oftware updates unde r the contract agreement. Azure Active Directory integration preferred.

9. If system is cloud based, Contractor shall provide:
a. Intrusion Detection with Event Logging
b. Internal Firewalls for application and databases
c. Data-at-rest encryption
d. Tier IV Data Center with Strong Physical Security
e. Secure backups of data
D. Hardware

1. If using LPR, Cameras shall be LPR, and Internet Protocol (IP) based cameras with resolutions of 1920x1080 or better.

2. Contractor shall provide indoor and outdoor displays at GTC location to allow commercial drivers to view queue status.

E. Networking

1. Category 6 Cabling t o comply with ISO/IEC 11801, 2nd Ed. specifications and IEEE 802.3af Pow er over Ethernet s tandards and terminated with Leviton patch panels and appropriately sized patch cables is required. The manufacturer shall b e Berk-Tek or equal.

2. Fiber should be Tight-Buffered, Interlocking Armored Cable, Plenum, 12 F, Single- mode and terminated with LC connectors in Corning patch panels and appropriately sized patch cables.

Item - 1E 18

Revised 2.9.22 Page 16 of 24

3. Switches will be installed in Intermediate Dis tribution F rames (IDFs) located in main terminal and should be a Cisco Catalyst 3650-48PD-L or equal.

4. Label all connections and all equipment to airport naming conventions and provide as-builts.

5. Contractor shall provide all wire management.

6. Cable management shall be Panduit or equal.

7. Racks, if necessary, shall be Chatsworth or equal.

8. Contractor to certify all cabling using Fluke DSX-5000 or equal.

9. Cabling should be outdoor/underground rated where appropriate.

1.3 Spa re Inventory:

The Contractor shall provide at least one spare for each type of hardware component..

1.4 Work Access Parameters
The Airport will make arrangements for access to work areas 24 hours a day, 7 days a week. The Airport will allow work on any ca lendar day and time during the calendar year.

1.5 Work Requirements
The Contractor shall adhere to the following work requirements.

A. Contractor will be required to log their start and finish times through the Airport Operations and Control Center via phone.

B. Palm Springs International Airport (PSP) is dedicated to the safety and security of all operations, Landside and Airside. To ensure this, separate procedures have been established for individuals and vehicles entering restricte d a reas of the Airport.

Contractor will be required to comply with all federal sec urity programs and will be responsible for all time and costs ass ociated with o btaining Security IDs. PSP security compliance will be reviewed with the successful contractor for the project.

For purposes of the bid, the average cost to obtain an Airport ID, assuming that an individual qualifies for one, is $100.00 and requires approximately four hours of time and two trips to the Airport.

C. The PSP “Fingerprint/Badge Application” will be signed by a company representative listed on the “Authorized Signatory Letter”. The signatory verifies and appro ves the individual application for processing and also thereby confirms that all fees associated with fingerprinting and badge processing will be paid by the company. The fee schedule is available at www.palmspringsAirport.com .

D. For more information on badging requirements, please visit:
http://www.palmspringsca.gov/government/departments/aviation-palm-springs- international-airport-psp/doing-business-at-psp/airport-administration/operations-and- security
Item - 1E 19

Revised 2.9.22 Page 17 of 24

E. Contractor’s License : The Contractor m ust posse ss a valid, current and in good standing C10 contractor’s license issued by the California State Contracto r Licensing Board.

1.6 Warranty Requirements
The Contractor shall provide the following warranty requirements.

A. Contractor shall provide sys tem warranty and maintenance services for not less than three years.

B. Contractor shall provide maintenance of the system, including all parts and labor necessary to keep the system fully operational during the mainten ance and warranty period. Warranty shall begin at time of system acceptance.

C. Case Management

1. The C ontractor shall provide 24 hours / 7 days a week phon e, web -portal, and email support.

2. The Contractor shall pro vide a web b ased, 24 hours / 7 days a week, automated help desk that conforms to Information Technology Infrastructure Library (I TIL) standards and that will generate emails based on receip t of request, stat us, status changes, and completion.

3. The Contractor shall provide a distinct ticket number for each case that is opened and maintain all related records f or the entire term. Contractor shall p rovide the Airport with electronic copies of al l records at the end of each quarter during the contract period.

4. The Contractor’s help desk should have a client facing web portal t hat allows the Airport to search all cases created.

5. Th
e Contractor’s help desk software should also provide tracking and audit trail documentation for all changes, to any equipment.

1.7 Service Level Agreement
A. Definitions

1. Response time – The time it takes for the Contractor’s technician to acknowledge a new ticket/trou ble call, speak w ith designated Airport representative when applicable, and agree on priority and schedule resolution.

2. Resolution time – The total time it takes for the Contractor’s technician to completely resolve the issue.

B. Service Availability

1. The Contractor shall provide phone and on- site support to the Airport 24 hours a day, 7 days a week, and 365 days a year.

2. Remote support (telephone and computer based) to systems shall be available as it benefits the needs of the Airport.

C. Required Service Levels
Item - 1E 20

Revised 2.9.22 Page 18 of 24

1. Required response time for any ticket/trouble calls opened shall b e less than one hour by a technician to determine p riority and resolution time. All calls a re to be followed up with an email documenting conversation and resol ution to ticket/trouble calls.

2. Resolution time shall be governed by the following matrix:

Priority Resolution Time
Critical Less than 4 hours
Emergency Within 24 hours
Normal Three business days

3. Emergency and Critical priorities will be determined by Airport management based on operational impact.

1.8 Schedule:

Work will commence within 60 days of execution of contract and shall be completed within 180 days of contract execution, unless otherwise specified by mutual agreement in writing.

1.9 Compensation:

Wo
rk will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract
is modified for additional work requested by the City.

Item - 1E 21

Revised 2.9.22 Page 19 of 24

Item - 1E 22
ITEM
1 ATTACHMENT "E"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 09-22)

AUTOMATED VEHICLE IDENTIFICATION SYSTEM

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOT with Electronic File #1, Technical/Work Proposal•) DESCRIPTION Un~of TOTAL
Measure
Automated Vehicle Identification
System per Scope
Lumpsum $479,249.00
TOTAL $479,249.00
Certified by: _ ____ ______ ____ _ _ ____ __ _
Firm Name.: ___ ___ ___,T-'-'ra"'n,..s,,,C,,.o"'re"'-"L"-P _________ _ Signature of Autho rized Person: -~/< Jtt,,f
Printed Name: Michael Mauritz _______ ______ ___ _
Trtle: Senior Vice President
Date: January 19 2022

Revised 2.9.22 Page 20 of 24

Item - 1E 23
C ity of Pal m Spring s. CA • Req uest fo r Pr opo sal s 09 -22 • Automa ted Vehicle I den tification System Pricing Clarificat ions
Listed below are options and clarificat ions to t he lump sum price provided on Attachment "E"

1. Lum p sum pricing includes 500 w indow sticker t ransponders. tf addit ional transponders are required, pricing is as follows.

Description
13-3290-00 1 eGo Plus WST Micro Mini S12.50 S9.13 $8.87

2. Lum p sum pricing includes applicable california sales tax at 9.25%.

3. Lum p sum pricing assumes no certified payroll or prevailing w age requirement .

4. Lum p sum pricing includes 5-year extended warranty on TransCore manufactured parts, and depot level labor.

7. Lump sum pricing is exclusive of proposal, trade payment or performance bonds, and any provisions for liquidat ed damages.

8. The proposal we are submitting is "compliant" with t he requirements in the PSP RFP, w it h not ed clarificat ions. We believe t he proposed syst em will provide the feat ures and functions needed t o address t he issues and challenges identifi ed by PSP. However, we do believe t hat t here are some alternat ives t hat PSP may fin d worth considerat ion to increase t he value of t he system and pot entially lower the total cost of the syst em. Determining if these alt ernat ives are useful to PSP is more of an it erat ive process that is best undertaken as we undertake the requirements validat ion portion of the system design. If selected, we will include consideration of several .,options" during the design process to identify the technical and cost alt ernat ives t hat could be incorporat ed into an improved fin al system implementation.

9. In response to Section 4.3 of t he RFP, we propose t he follow ing spare parts at $18,380.00.

Qty Item Part#
1 Encompass 5, NEMA enclosure, dual 10-5001-YYY3
protocol
1 Antenna Multiplexer 14-600CHXJ1
1 3152 UTA, W/SST HarclWare 12-3152-004
1 DeviceMaster RTS 2-Port 1 E Ethernet
1 Reacler Power supplies
1 Galcom Inc wireless modem

10. Support options, in response to Sect ions 4.6 and 4.7 of the RFP (note Year 1 of GateKeeper support is included in the CVMS software license cost ):

Revised suppon costs:

St!lr1i-a1u1ual
fv1a1ntenanc e Penod t-'Ms A nnual t-'Ms. Pnce Chanc e
YEAR 1 MAINTENANCE 16.571.00 10 ' % .00 -6 370.00
YE/\R 2 MIIINTEN/INCE 65.711.00 69 332.00 6 379.00
YEAR 3 MAINTENANCE 08.728.00 oJ2 34·,.oo -G 379.00

Revised 2.9.22 Page 21 of 24

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item - 1E 24

Revised 2.9.22 Page 22 of 24

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with Cal ifornia workers’ compensation laws. Such insurance shall be kept in full force and effect durin g the term of this Agreement , incl uding any extensions. Such ins urance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. M inimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one mi llion dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability ins urance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
_________ is not required;

4. Workers’ Compensation ins urance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least on e mi llion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contr actor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, empl oyees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensa tion and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and X
Item - 1E 25

Revised 2.9.22 Page 23 of 24

contribution it may have agai nst City, its elected offici als, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Om issions Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor ’s services under this Agreement, or (2) to maintain pr ofessional liability insurance co verage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’ s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this A greement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certifica tes of insurance and endorsements, inc luding additional insured e ndorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its beha lf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to pro vide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or E rrors a nd Omissions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. " This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

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

Item - 1E 26

Revised 2.9.22 Page 24 of 24

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured R etentions. Any deductibl es or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and voluntee rs; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and def ense expenses.

Certificates of Insurance m ust include evidence of the amount of any deductible or self -insured retention unde r the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. S everability of Interests (Separat ion of Insureds). This insuranc e applies separately to each insured against whom claim is made or suit is brought except wit h respect to the limits of the insurer’s liability.

Item - 1E 27

ATTACHMENT B

RESPONSE FROM TRANCORE LP
TO RFP 09-22 INCLUDING

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item - 1E 28
Item - 1E 29

CITY OF PALM SPRINGS
Response to RFP 09-22
City of Palm Springs
Automated Vehicle Identification System

SUBM ITTED BY T RANSCORE
JANUARY I 2022
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
A Firm Qualifications and Experience
A.1 Company Overview
TransCore is a world leader in providing Intelligent Transportation Systems (ITS) and transaction‐based systems and services for mobile payment, such as toll collection systems. TransCore provides technology solutions, products, and services that enable its customers to efficiently manage ground transportation systems, assets, and transactions. With installations in 39 countries, more than 104 patent s, and an ISO 9001–certified design, development, and manufacturing center, TransCore’s expertise is unparalleled in the ground transportation services industry.

With more than 70 years of experience in the transportation business as both a solutions and services provider, TransCore is recognized worldwide as the leader in automatic vehicle identification (AVI) systems and the world’s largest company solely dedicated to the design, i mplementation, and support of
transportation management and revenue collection systems. In terms of total customer base in the aviation market, more than 75 airports utilize TransCore’s systems and services worldwide. These applications include integrated hardware/software commercial vehicle management systems, as well as AVI equipm
ent for parking and access control that utilize third‐party software for system control. Some relevant metrics include the following:
 Seventy of our airport end users are in North America, including 8 of the top 10 airports as measured by Airports Council International’s 2019 passenger statistics.  Over
35 of our airport end users have integrated Ground Transportation Management Systems (GTMS) furnished and installed by the TransCore/GateKeeper team.  These installations equate to more than 1,500 lanes of installed AVI equipment and over 250,000 transponders in airports alone.
 Our integrated Ground Transportation Management Systems (GTMS) process in excess of 1 million AVI transactions per mon
th for our airport clients.

Our Amtech® Technology Center in Albuquerque was custom designed to accommodate Amtech’s radio frequency identification (RFID) technology development. All of the RFID equipment we have proposed for the Palm Springs International Airport (PSP) system is manufactured in the Unit ed States. This modern manufacturing facility is presently capable of producing 5 million tags and 10,000 system products (e.g., readers, antennas, RF modules, etc.) per year — a manufacturing capacity developed to meet the needs of a growing market.

A.2 Subcontractors/Contractors
Our proposal includes GateKeeper Systems, Inc. as a subcontractor to provide the required software, implementation, and ongoing system support. The following information provides a look at their qualifications, background, and specific expertise.

GateKeeper Systems is a specialist in software for the airport market, including the following:
 Airfield Management and FAA Part 139 Compliance
 Commercial
Vehicle Management (CVM) Software
 Transportation Network Companies (TNC) Operations Software GateKeeper Systems has been in operation for over 24 years, delivering software solutions for a variety of airport Airfield Management and Ground Transportation needs, and is the recognized leader in Ground Transportation Management software with installations at doze ns of airports worldwide. GateKeeper also leverages its airport operations experience to deliver TNC operations software solutions.

Item - 1E 30
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
With more than 100 airports using a GateKeeper Systems software product, no other organization can match GateKeeper’s track record of helping airports improve safety, reduce congestion, increase security, lower costs, and generate revenue.

In addition, TransCore will have Calcom, Inc. as a subcontractor to provide a new wireless network solution.

Calcom is a California‐ based systems integrator with experience in deploying wireless and fiberoptic systems. In the wireless arena they have deployed Point‐to‐Point (PtP) and Point‐to‐Multipoint (PtMP) systems using licensed and unlicensed frequencies in urban and rural areas of the U.S. and abroad.

TransCore has used Calcom’s services for several wireless projects includin g wireless PtP connections on Highways 880, 87, and 80 for our tolling systems in the Bay Area.

A.3 References
The TransCore/GateKeeper Systems team has installed GTMS in over 35 airports. We have selected four airports to use as examples of projects that have common attributes with the system being requested by PSP. Three of these systems have been installed for over 10 years; the fourth is relatively new, with about 3 years of operation. Act
ual project cost information cannot be shared without prior airport approval.

However, all the referenced systems required an investment of at least the amount required for the PSP system, and we would encourage the PSP staff evaluating our proposal to contact the refences listed below.

Table 1. Reference (1 of 4)
San Diego International Airport
Project Description
and Scope
 Designed, furnished, and installed a GTMS; provided warranty and maintenance (original project)
 Design, furnish, and install a significant software upgrade in January 2022 Location San Diego, California USA
Contact Name,
Address, Telephone
Number
Mr. Mike Anderson
Manager, Ground Transportation
San Diego International Airport
3225 N. Harbor Dr.

San Diego, CA 92101
Phone: 619.400.2587
E‐mail: [email protected]
Notable Project
Highlights
 TransCore RFID tags and readers
 GateKeeper CVM software including dispatch module
 On‐call service and maintenance for hardware and software  Significant upgrades to existing system – replacing software while system is in revenue service
Item - 1E 31
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
Table 2. Reference (2 of 4)
Philadelphia International Airport
Project Description
and Scope
Designed, furnished, and installed a GTMS; provided ongoing system support and maintenance
Location Philadelphia, Pennsylvania USA
Contact Name,
Address, Telephone
Number
Mr. Charles Newkirk
District Manager – Ground Transportation Management
Philadelphia International Airport
Terminal A Baggage Claim
Philadelphia, PA 19153
Phone: 215.937.4352
Notable Project
Highlights
 TransCore/GateKeeper Systems team
 Dual tag credentials required for taxis
 Real‐time balance tracking
 Interactive variable message signs (VMS), lights, and gates  On‐call service and maintenance for hardware and software  Significant system upgrade implemented in 2021
Table 3. Reference (3 of 4)
Reno‐Tahoe Airport
Project Description
and Scope
GTMS with Automated Taxi Dispatch Module
 Design, furnish, install, test, and train an RFID‐based system, including lane hardware, server hardware, and application software
 Install configure, and test GateKeeper CVM software, including Dispatch and Financial modules
 Implement GateKeeper TNC‐Ops module
 Perform ongoing contract maintenance and support (upon completion of system installation)
Location Reno, Nevada USA
Contact Name,
Address, Telephone
Number
Brandon Mikoleit
Landside Operations Supervisor
Reno‐Tahoe Airport Authority
PO Box 12490
Reno, NV 89510‐2490
Phone: 775.328.6566
E‐mail: [email protected]
Notable Project
Highlights
 Turn‐key system responsibility
 Encompass 2 reader deployment
 TransCore/GateKeeper Systems team
 Daktronics VMS sign
 Microsoft Dynamics‐GP accounting software
Item - 1E 32
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
Table 4. Reference (4 of 4)
Austin‐Bergstrom International Airport
Project Description
and Scope
GTMS including GateKeeper CVM software, TransCore Model E‐5 readers Location Austin, Texas USA
Contact Name,
Address, Telephone
Number
Diana Heath, PMP
IT Project Manager, Sr.

Austin‐Bergstrom International Airport
City of Austin, Dept. of Aviation
Information Systems
Phone: 512.530.6341
E‐mail: [email protected]
Notable Project
Highlights
 CVM Base Software including Dispatch, Customer Portal, and Financial modules
 TransCore RFID readers and tags
 Continuing system support and maintenance
B Staff/Team Qualifi cations and Experience
B.1 Staffing
The team assigned to your project will include a Project Manager and additional technical specialists in installation, configuration, testing, and training. All technicians have multiple years of experience and are the same people that will maintain your system as well as maintain over 35 airports in the U.S. and abroad.

It will be their responsibility to i mplement the system on schedule and meet all project requirements. A senior member of the TransCore management team will be available to address any contractual or administrative concerns during and after the project is implemented.

TransCore will provide staff primarily from local regions, including San Diego and Los Angeles County. The project will be manag
ed out of our San Diego office, and field services will be provided from our San Diego office as well as Los Angeles County. The staff proposed for this project are the same staff that has installed and are currently maintaining similar systems at San Diego Internat ional Airport and John Wayne International Airport.

Item - 1E 33
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
Figure 1. Organizational Chart
B.2 Key Staff/Team Members
TransCore Organization
John Azevedo, Project Manager
Mr. Azevedo is a project manager and systems engineer with over 22 years of experience in the electronics and RFID industries. His RFID experience includes product development, system installation, testing, and fine‐tuning. Mr. Azevedo’s AVI systems experience includes both electronic toll collection systems and GTMS that provide access control and monitor traffic at airports. For these projects, he has served in different roles including program management, system design, installation, and fine‐tuning. He received his Bachelor of Applied Science in Electronics Engineering Technology from ITT Technical Institute in San Diego, CA. Specific project experience includes the following:
 San Francisco International Airport Ground Transp
ortation & Taxi Management Systems. Mr.

Azevedo served as the project manager for the replacement of the previous AVI system and the Taxi Revenue System (TRS), which included an upgrade of the airport’s previous unsupported ground transportation and taxi management hardware and software. The system now provides a solution to facilitate changing business processes and prevent cheat ing and evasion, as well as provide more
reliable data and richer features and functionalities. The system includes 80 AVI lanes. As project manager, Mr. Azevedo was responsible for coordinating with the client on system requirements and interfacing with the software team for the integration be tween the roadside equipment and the system software.

Item - 1E 34

INSTALLATION
Lead Technician
Gavin Maxwell
ro1ect anager
John Azevedo

ENGINEERING
System Engineer
Mark Cox
AVI Engineer
Janell Martinez
FCC Licensing
Richard Doering
t . .

Omar Rios

SOFTWARE
Wend re Bidwell
(GateKeeper Sytems)
Responsible
Principal
Forrest Swanson

WIRELESS

NETWORKING
Josue Artiga
(Ca/com, Inc.)
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
 SEA‐TAC International Airport Ground Transportation Vehicle Management System. Mr. Azevedo served as the project manager for the installation of a VTMS at Seattle‐Tacoma (SEA‐TAC) International Airport. This system is used to monitor the use of airport facilities by commercial vehicles. The system includes 9 AVI lanes. As project manage r, Mr. Azevedo was responsible for coordinating with the client on system requirements and interfacing with the software team for the integration between the roadside equipment and the system software.
 McCarran International Airport GTMS. Mr. Azevedo served as the project manager for the installation of a GTMS at McCarran International Airp ort. This system is used to monitor the use of airport facilities by commercial vehicles. The system includes 7 AVI lanes. As project manager, Mr. Azevedo was responsible for coordinating with the client on system requirements and interfacing with the software team for the integration between the roadside equipment and the system software.  San Jose International Airport Parki
ng Management System. Mr. Azevedo served as the project manager for the installation of AVI equipment for a parking management system at San Jose International Airport. This system includes 29 lanes of AVI equipment, installed at 6 locations around the airport. Mr. Azevedo led all aspects of the AVI sys tem deployment including design, installation, and integration. He was also responsible for working with the parking system supplier on the interface between the lane system and the parking system software.  I‐15 Managed Lanes, San Diego, CA. Mr. Azevedo was part of the integration team responsible for the final tuning and check‐out of the AVI equipment. The I‐15 Express Lanes is a reversible lane system, requiring the AVI system to support both directions of travel. The initial system includes 38 AVI lanes spread out over an 8‐mile corridor. As each site was constructed, Mr. Azevedo led a team that performed final tuning and commissioning to ensure the equipment performance exceeded the project requirements.

Mark Cox, Systems Engineer
Mark Cox has 29 years of experience with TransCore in the design, integration, and maintenance of transportation solutions in both ITS and RFID for high‐speed automated tolling. He currently serves as the systems engineer for TransCore’s installation and maintenance of automatic vehicle and equipment identification systems for international airports on the West Coast.

Mr. Cox was responsible for design, testing, development, evaluations, integration, installation, and maintenance at the following RFID airport installations: Los Angeles, Ontario, Burbank, San Diego, Denver, Phoenix, Reno, Sacramento, Oakland, John Wayne, San Francisco, and SEA‐TAC. His duties have included scheduling lane closures with airport authorities; coordinating construction duties with subcontractors; installing and configuring RFID readers, communication equipment antennas, AVI, and gate access applications; cabling; and onsite and remote system support.

Mr. Cox earned his B.S. in Electrical E
ngineering Technology from ITT Technical Institute.

Janell Martinez, RFID Engineering
Ms. Martinez has worked for TransCore for over 14 years and is responsible for system‐level design, test, and analysis of partial and whole systems. Her responsibilities include developing System Requirements Documents based on input from interna l and external customers, designing and supervising verification testing, monitoring performance of programs after implementation, and ensuring that systems operate at optimum performance. Prior to TransCore, Ms. Martinez worked for General Motors as a Simulation Engineer in the Manufacturing Validation and Analysis division. She was responsible for simulating and analyzing ergonomic workcells for new and major en
gine, transmission, and casting programs using
specialized software packages.

She also worked for XEROX as a Systems Test Engineer, where she tracked machine problems, managing an “issues” database, engineering, and system testing of machine software. Ms. Martinez received her B.S.E.E. from New Mex ico Highlands University.

Item - 1E 35
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
GateKeeper Systems, Inc. Organization
 Project Manager‐ Wendie Bidwell
 Implementation Technicians
 Jeremy Ciancanelli: Installation and Configuration of GateKeeper Software  Austin Gorton: Software Training and ongoing system support  Sr. Management Oversight – Brian Richardson, President, GateKeeper Systems

1. Employee: Wendie Bidwell
a. Responsibilities: Project Manager
b. Years of GateKeeper Experience: 4
c. Description ‐ See attached biography

2. Employee: Jeremy Ciancanelli
a. Responsibilities: Implementation Specialist & Software Support b. Years of GateKeeper Experience: 9
c. Description: As an Implementation Specialist, Jeremy manages professional technical implementations of various software deployments to both internal and external systems. In addition, he provides remote technical support to GateKeeper custom ers through a “Help Desk” function. His responsibilities include the following:
i. Install GSI software and configure its operation to meet customer requirements. ii. Participate in system testing of production systems. iii. Respond to customer phone or e‐mail support requests. iv. Proactive analysis of GSI system operations at customer sites. v. Documentation of all support calls and re
solution of issues.

3. Employee: Austin Gorton
a. Responsibilities: Software Support Technician & Training b. Years of GateKeeper Experience: 14
c. Description: As a Software Support Technician, Austin will be responsible for providing remote technical support to GateKeeper customers through a “Help Desk” function. His responsibilities include the f
ollowing:
i. Respond to customer phone or e‐mail support requests. ii. Proactive analysis of GSI system operations at customer sites. iii. Documentation of all support calls and resolution of issue. iv. Delegation of support requests to staff due to special skills or knowledge requirements.

In addition, Au
stin will provide on‐site training to PSP staff prior to “live” operation. Training will be conducted in both a “classroom” setting for small groups of PSP staff and in one‐on‐one instructional sessions for staff with specific job responsibilities.

4. Employee: Brian Richardson
a. Responsibilities: President of GateKeeper Syste ms
b. Years of GateKeeper Experience: 20
c. Description: On an as needed basis, Brian will make sure that the project is completed on schedule, within budget, and in compliance with all requirements. He will adjust manpower assignments, provide contract administration, and seek customer feedback to guarantee a successful project.

Item - 1E 36
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
Wendie Bidwell
Senior Project and Co mpliance Manager , GateKeeper S ystems, Inc.

Ms. Wendie Bidwell has been involved in various aspects of the organization. Responsibilities include the following:
 Facilitating and maintaining communications between multiple work groups, including customers, vendors, and technical and functional staff, ensuring increased awareness of project status with all stakeholders.  Ongoing project management and support with external customers and cross‐function
al teams including requirements, status, and on‐time project deliverables.
 Introduced and implemented Atlassian tools (Jira and Confluence) into the organization. Created workflows and streamlined team processes to improve KPI’s and accuracy.
 Emphasize improved end‐to‐end vendor and customer life‐cycle management processes.
 Create and continually improve project managemen t process documents, client communication documents, and project‐related templates that include functional and business requirements.  Planned and executed a variety of company‐wide business and IT projects including data privacy, SOC 2 compliance, vendor compliance, and other customer‐specific compliance‐related initiatives.  Creation, review, and updating of all existing documentation to meet regulatory and business requirements and to ensure business processes, policies, and procedures are effective and sustainable.

Successful project implementations include:
 Dallas/Fort Worth International Airport (TNC‐Ops)
 Houston Airports – IAH and HOU (TNC‐Ops)
 John Glen Columbus International Airport (Cvms, Dispatch, AdComp)  John Wayne Airport – part of the imple
mentation team (Cvms, AdComp
– scheduled to go live in February 2022)
 Oakland International Airport (Cvms, AdComp)
 Philadelphia International Airport (Cvms, AdComp)
 Raleigh‐Durham International Airport (Cvms, Dispatch, eDispatch scheduled to go live in January 2022)
 Reno‐Tahoe International Airport (Cvms, AdComp scheduled to go live January 2022)
 San Diego International Airport – part of the implementation team (Cvms, AdComp)
In addition to her four years with GateKeeper Systems, Ms. Bidwell has served over 20 years in positions with a focus on technology, project management, and organizational develop ment.

Education
Master of Arts in Technology
for Learning, Development
and Organizational Change,
University of St. Thomas,
Saint Paul, MN
Bachelor of Arts in Business
Administration and
Computer Science,
University of St. Thomas,
Saint Paul, MN
Skills Summary
 Project Management:

Software Development,
System
Migrations/Integrations,
Enterprise
Implementation,
Database Design,
Change Management
 IT Project Lifecycle:

Requirements, Budgeting
& Costing, Scheduling,
QA\Rollout\Support, ROI
Analysis
 Value-Added
Leadership: IT
Governance, Vision and
Leadership, Business &
IT Strategic Planning,
Organization
Development, Written
and Verbal
Communication
Item - 1E 37
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
B.3 Partners
TransCore will be acting as the prime contractor and systems integrator for the PSP AVI project. While we have several subcontractors, identified in Section A.2 above, we will not be partnering or joint venturing with any other entities to deliver our proposed solution.

C Understanding of Project and SOW
SCOPE OF WORK – Requirements

4.1 General Requirements: The Contractor shall provide a real‐time tracking system for all commercial and courtesy vehicles into the commercial loop and upon departure from the commercial loop road that meets the following requirements:

A. VISUAL DISPLAY/REAL‐TIME MONITORING: The system provides real‐time control of taxi arrivals at the Ground Trans
portation Center (GTC), into the commercial loop, and upon departure from the commercial loop road.

Response: COMPLY
The Automatic Dispatch module allows the software to “sequence” vehicles into one or more pickup areas from one or more holding areas, primarily on a first‐in, first‐out basis. Any type or category of vehicle can be
“dispatched” in this manner, although controlling taxi operations is the most frequent use of this module.

The Automatic Dispatch module includes the use of multiple websites. Some are used for dispatch operation; others are used to communicate information and instructions to vehicle drivers. Additionally, dispatch systems often include the use of one or mo re VMS to communicate instructions to vehicle drivers to move to a pickup area (although the increased use of smartphones has decreased the absolute necessity of such hardware in some cases).

Response: COMPLY
TransCore’s RFID equipment is fully licensed by the FCC to operate under Part 15, which prevents our equipment from interfering with other licensed systems, such as those listed in this requirement. As part of our systems engineering effort,
TransCore will develop a frequency plan for the 4 AVI reader locations and assist PSP in amending their FCC licenses to add the reader locations and frequencies.

C. Taxi cabs that are queued up from the GTC to proceed to the commercial loop road bu t do not enter the commercial loop road within a programmable designated time interval are subsequently removed from the queue and the taxi needs to re‐enter the GTC to start the process over.

Response: COMPLY
The Automatic Dispatch module is highly customizable, including “dispatch response” timeout values (how long a vehicle has to leave the GTC after being disp
atched) and “time between zones” timeout values (how
long a vehicle has to enter the commercial loop road after it leaves the GTC). Should a vehicle time out between leaving the GTC and entering the commercial loop, it will be marked as invalid at the com mercial loop road and must re‐enter the dispatch queue (and be dispatched) to be valid.

In addition to the GateKeeper Dispatch Module being proposed for this system, GateKeeper Systems also has an “eDispatch” software module that PSP may want to consider in the future, should taxi operations change.

This module “requests” cabs to come directly to the curbside when needed and eliminates the Item - 1E 38
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
need for a large physical holding lot. The airport still controls the number of cabs arriving curbside while significantly reducing the amount of time cabs spend waiting at the airport for a fare.

D. BILLING REPORTS: System generated reports include financial and statistical tracking and reporting, provide summarized and detailed billing by company. Data ca n export to Excel worksheets.

1. No Charge Fees: where a transponder may be assigned to a vehicle and no access fee is assigned for usage when entering the Commercial loop road.

Response: COMPLY
All trips in the system are assigned a rate, and all rates are variable based on the vehicle’s operator type (e.g., taxi, limo,
shuttle, etc.). Rates can be set for any value for all relevant types, including zero, which will result in the creation of $0.00 trip fees for all relevant vehicles.

2. Automatic account billing of per trip fees for taxis (non‐appointment) and access fees for each typ e and size of commercial vehicles, including taxis awaiting appointment pickup.

Response: COMPLY
In response to Vendor Question #1 In Addendum #2, PSP indicated that the functions for fee collection and balance tracking would be provided by the Finance group at the airport. GateKeeper Systems can provide a Finance modu
le that addresses all the Accounts Receivable functions including billing, receipt of payments, and account tracking. However, we do not believe it would be cost effective to include this module if only a small part of it would be used. Therefore, we have not included this module in the proposal. It can be added at a later time if desired.

Our proposal includes a reporting function that will produce the “back‐up” information for every ground transportation firm that is being billed. The system will allow each ground transportation vendor to access their account and electronically generate the detailed trip fee info rmation for each invoice. We recommend that PSP use its enterprise accounting system to generate the invoices to maintain control of the status of all invoices being issued.

3. Customized invoice printing by company to include: a. Taxi per trip fees and access fees for all taxis under Company; b. Access fees by type an
d size for all commercial vehicles under company; c. No load credit for each vehicle.

Response: COMPLY
The information requested in this requirement is provided in the GateKeeper Systems software reporting function. However, as we proposed in item #3 above, we recommend that the actual invoice be generated by the PSP accounting system.

4. Billing summary by Company for accounting: a. Summary of per trip fees for all taxis under Company and; b. Summary of access fees for all taxis under Company.

Response: COMPLY

4.2 AVI System Required Minimum Performance Specifications: The Contractor shall provide a system with the following minimum re
quirements:

A. Ground Transportation Center Operations

1. The GTC consists of an area in which taxis stage and are summoned. This shall consist of the minimum following features:

Item - 1E 39
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
a. Vehicle Entry Reader (LPR (License Plate Recognition)‐based preferred, RFID (Radio Frequency Identification) acceptable)
Response: COMPLY
b. Vehicle Exit Reader (LPR‐based preferred, RFID acceptable) Response: COMPLY
c. Outdoor Digital Queue Display (easily visible from GTC parking lot) Response: DO NOT COMPLY
Our proposal includes a website that provides the information needed by a ta xi driver to know where they are in the queue and when they are being “dispatched to the curb” and can be accessed by any authorized personal communications device (e.g., cell phone, tablet, etc.) in the driver’s possession. This website eliminates the need for a sign and the cost associated with the sign and infrastructure. d. Indoor Digital Queue Display
Response: DO NOT
COMPLY
We are including a website as part of our proposal that will provide the information regarding the status of the queue, the number of vehicles waiting, and summary information on the length of time vehicles are waiting
to be dispatched. This website will be available to drivers regardless of their location through their personal mobile devices. This allows the driver to decide when to come to the airport.

B. Commercial Lane

Additionally, there shall be appropriate hardware and software installed in the taxi stand to allow an attendant to monitor the commercial lane and stat us of vehicles via software, and summon more taxis as needed using a remote (software based) summons button. Once passengers are loaded, they exit the commercial lane, and the vehicle information is recorded as having exited the commercial lane.

Response: COMPLY
Access control into the commercial lane is based on dispatch status (i.e., the ve hicle has been dispatched to the gated location or has not been dispatched/has timed out) for taxicabs and a configurable “Suspended” for other types of commercial vehicles. Access Control is a standard function of our software, preventing unauthorized and un‐dispatched vehicles from entering d esignated areas when gates are in use.

Our Dispatch Display website, accessible via all web‐enabled devices such as desktop workstations, laptops, tablets, or smartphones, is the primary tool for users to monitor and interact with the dispatch system when necessary, including the ability to temporarily adjust target levels or request additional vehicles to the curbsi
de in response to increases or decreases in demand, to virtually “load” a vehicle (thereby causing the system to send a replacement vehicle sooner), and to handle special dispatch events such as a request for a large‐capacity vehicle, a vehicle that accepts vouchers, a vehicle that is accessible, etc .

Additionally, our Mobile Dispatch website is designed specifically for use with a mobile device (such as a smartphone or tablet), giving staff at pickup locations the ability to perform the dispatch‐related functions of the Dispatch Display website via a mobile‐friendly interface.

Item - 1E 40
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022

2. The AVI system shall be capable of functioning in an outdoor environment which has extreme ambient temperatures as high as 125 degrees F and in air that contains constant fine particulate sand from the desert environment. All exterior visible components shall be white in color with exception of appearances that are not subjec t to covering or painting, example; camera lenses.

Response: COMPLY
TransCore is proposing the use of our Encompass 5 reader supplied within the factory‐certified National Electrical Manufacturers Association (NEMA) enclosure rated for 131°F. The NEMA enclosure is an unpainted light gray fiberglass material that has outstanding temperature resistance qualitie s and exhibits excellent weatherability and physical properties as well. The new reader/enclosure will be mounted above the existing enclosure that will be reused and repopulated with the reader power supply (140°F), a serial to ethernet converter (167°F), and a PoE (167°F) for the wireless network radios.

3. Attachment “A‐1” depicts the locations of the current system equipment and defines the allowable vicinity of where the new system will be installed.

Response: COMPLY
TransCore’s installation approach plans on reusing existing infrastructure including poles, small enclosures, power, and communications.

4. Contract costs include all cos ts associated with the installation, parts, support and maintenance of the new system and all costs associated with the removal and proper disposal of the existing system components.

Response: COMPLY

5. The AVI system shall use (LPR‐based preferred, RFID acceptable) technology as the primary method to detect vehicles.

Response: COMP
LY
TransCore’s system design utilizes an RFID‐based approach for the vehicle detection function. There are several reasons why we feel this approach has significant advantages over LPR:

While high‐end LPR systems, such as those used in electronic tolling applications, can have high accuracy (approx. 95%), they still are not as accurate as RFID technology, which (when prop erly engineered and installed) will attain consistent 99% accuracy rates. While no accuracy rate was specified in the RFP, which is critical to system performance, our experience based on integrating thousands of lanes of tolling via LPR is that PSP would still have to manually review approximately 4% to 6% of all LPR images on an ongoing basis for billing and dispatch (this assumes use of the best available cameras with a high‐end Optical Character Recognition (OCR) software package). Not only does this add additional ongoing operating costs, it also defeats the purpose of an autom ated and, by definition, unattended system.

From an infrastructure standpoint, deploying LPR at the commercial curb entrance cannot use the existing overhead structure as it is too close to the gate and too high. For this location to be instrumented with an LPR system, a side‐fire camera will need to be installe d upstream of the existing cantilever pole and will require additional infrastructure than just upgrading the existing AVI system. We also want to point out that the current AVI poles in the hold lot are not in the ideal locations to mount the LPR cameras for use in the capture of plates. In addition, even at the hold lot there would need to be modifications in the lane
configuration (i.e., narrowing the traffic flow) to ensure accurate LPR images were consistently captured.

Again, this is additional infrastructure work not needed with RFID.

Item - 1E 41
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
By contrast, all of the AVI locations and poles are in the perfect locations to capture vehicles. All PSP needs is to install AVI readers designed for these long‐range traffic applications and have the lanes properly tested and tuned by an experienced systems integrator. In short, we anticipate little to no infrastructure work replacing th
e current non‐functional AVI equipment. Moreover, we anticipate that there will be a number of ground transportation operators that also service SAN, LAX, or SNA who will already have transponders assigned by those airports. Our proposed RFID readers will read the transponders from those airports and those tag IDs can be used in th e GateKeeper system.

6. The AVI system shall, at a minimum, provide the existing tracking, monitoring, recording, and reporting features of the existing system.

Response: COMPLY

7. The AVI system shall, at a minimum, capture: a. Company name, address, phone; b. Fleet number; c.

License plat
e number; d. Make/model/type (van, sedan); e. Complete history of Commercial Vehicle activity (entrances, exits, dwell, etc.)
Response: COMPLY

8. The AVI system should provide a cloud based, graphical software for monitoring, management, and billing.

Response: COMPLY
The GateKeeper CVMS will be provided by GateKeeper via an Azure deployment with PSP users accessing the software via a browser.

9. The AVI system should ha
ve geo‐fencing capabilities.

Response: COMPLY
We understand that this requirement is to allow the system to monitor, track, and report on the TNC company and vehicle activity at PSP. Our GateKeeper TNC‐Ops™ module is included in this proposal. This software has been in
use at more than 25 airports since 2015 to provide the same level of data on TNC trips as provided for other modes of ground transportation vehicle activity.

By receiving GPS data from TNCs in the industry‐standard format, GateKeeper TNC‐Ops™ can track and record when
TNC vehicles are at the airport and performing pickups and dropoffs. Additional geofence locations can be established by the TNCs at the airport’s request to enable tracking of TNC vehicles into and out of TNC staging lots and other areas around the airport.

C. Software

1. The AVI Software shall have at a minim
um, the exiting feature set of the current AVI software.

Response: COMPLY

2. The AVI Software should have a local/hosted option.

Response: COMPLY
We understand from the response to bidder question # 4 of Addendum #2 that PSP prefers a cloud‐based third‐party host ed environment. That approach is what we have included in this proposal. However, we can deploy the software on local PSP servers. If selected, we will make this a discussion topic in the design phase of the project and provide a technical and cost reduction quote if requested.

Item - 1E 42
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022

3. The AVI Software shall use transaction information to develop appropriate charges, as identified by the airport. The AVI software shall have a flexible trip fee function that allows the creation of an almost unlimited structure of fee types and levels without the development of any new software.

Response: COMPLY

4. The AVI software, shall ha ve a module to provide the capability to minimize the administrative effort required by airport staff to maintain Ground Transportation Operator accounts as well as to allow these users to have access to their account activity information as needed without requesting help from the airport staff. This capability shall be avail able through the implementation of a secure website that is exposed to outside users with the proper login and password.

Response: COMPLY
To provide the ability for outside users to have access to the information regarding their account in the system, our “Vendor website” customer portal module is included in this proposal.

The GateKeeper Vendor website is a powerful tool that reduces the administrative load on airport staff by empowering outside account holders to manage their information and access their data. Via the GateKeeper Vendor website, vendors can access and maintain their specific account information, including but not limited to relevant insurance and per mitting forms, vehicle make/model/license plate data, and billing addresses. It also allows the vendors to run reports on their own activity and trip charges.

All access through the GateKeeper Vendor website is limited to the specific account user (so individual accounts cannot see other accounts’ data or mak e changes) and all data changes (such as the addition of a new vehicle to the account or the changing of an address) must be approved by airport staff.

5. The AVI software shall provide the ability to be able to cancel or credit a ride once they are in the commercial l
ane.

Response: COMPLY

6. The AVI software shall provide the ability to summons certain taxis up based on features such as car seat, wheelchair accessible, etc.

Response: COMPLY

7. The AVI software shall provide the ability to delete taxis from the GTC when they are no longer there.

Response: COM
PLY

8. Contractor shall provide all maintenance of data to include software updates under the contract. Azure Active Directory preferred.

Response: COMPLY
Our proposal includes updates and upgrades to the GateKeeper software as appropriate. Updates to fix software issues will be coordinated with PSP and accomplished as quickly as possible. Upgrade s to a new version of the software will be scheduled with PSP at least once every 12 months. GateKeeper’s system uses Azure AD for all employees that need access to the PSP system.

9. If system is cloud based, Contractor shall provide: a. Intrusion Detection with Event Logging; b. Internal Firewalls for application an
d databases; c. Data‐at‐rest encryption; d. Tier IV Data Center with Strong Physical Security; e. Secure backups of data.

Response: Partial COMPLY
Item - 1E 43
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
Our compliance status for these items is difficult to summarize in a “yes or no” response. We continue to move in the direction of compliance with all of the items in 2022. However, Azure has various levels of service with different costs associated. If selected, we will review with PSP our approach to each of these items and curr
ent status.

D. Hardware

1. If using LPR, Cameras shall be LPR, and Internet Protocol (IP) based cameras with resolutions of 1920x1080 or better.

Response: As TransCore’s proposed solution utilizes RFID, this requirement is not applicable.

2. Contractor shall provide indoor and outdoor displays at GTC locati on to allow commercial drivers to view queue status.

Response: DO NOT COMPLY – see response to 4.2.A.1.c and d.

E. Networking: 1. Category 6 Cabling to comply with ISO/IEC 11801, 2nd Ed. specifications and IEEE 802.3af Power over Ethernet standards and terminated with Leviton patch panels and appropriately sized
patch cables is required. The manufacturer shall be Berk‐Tek or equal.; 2. Fiber should be Tight‐ Buffered, Interlocking Armored Cable, Plenum, 12 F, Singlemode and terminated with LC connectors in Corning patch panels and appropriately sized patch cables; 3. Switches will be installed in Intermediate Distribution Frames (IDFs) located in main terminal an d should be a Cisco Catalyst 3650‐48PD‐L or equal; 4. Label all connections and all equipment to airport naming conventions and provide as‐builts;

5. Contractor shall provide all wire management; 6. Cable management shall be Panduit or equal; 7.

Racks, if necessary, shall be Chatsworth or equal; 8. Con tractor to certify all cabling using Fluke DSX‐ 5000 or equal; 9. Cabling should be outdoor/underground rated where appropriate.

As our server approach is an Azure hosted solution, the majority of the requirements in this section will not apply to our offer. However, we will work with PSP to ensure our record drawings conform to the airport naming conv
entions. In addition, from a network standpoint, we will need IP addresses assigned to various field devices during installation.

C.1 Approach for Implementing the Scope
The TransCore team has carefully reviewed the requirements as listed in the RFP and has examined all of the proposed AVI locations. This, combined with TransCore’s understanding of the existing system, has led us to develop a schedule that we believe best suits PSP’s needs.

In the first phase of the project, the TransCore team will analyze le gacy field devices and validate the software requirements. Working closely with PSP, the TransCore team will design a comprehensive solution that includes the hardware and software necessary for a fully integrated AVI system for driver and vehicle management, and billing and payment management. As part of this effort, TransCore will deliver design docume
nts, a test and commission plan, and a training plan.

In the second phase of the project, with the software and hardware design locked‐in, software development and testing will take place and hardware and other equipment will be procured. Several tasks will take place in parallel, including adding the new transponders onto the vehicles and installing the software system.

In the third (construction) phase of the project, TransCore will be on‐site for the field equipment installation. TransCore will be responsible for the overall coordination of the work, overseeing the work of our subcontractor, Calcom, and keepi ng PSP involved and informed through mutually agreed‐upon Item - 1E 44
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
progress updates. TransCore will ensure that the work is done per all applicable specifications. Operation and maintenance manuals will be provided, and training of PSP staff will be conducted.

After the AVI system is installed and tested, and system‐level testing has been completed, the warranty period will commence.

PSP Responsibilities (including expectations for resources) Testing support: PSP staff will be part of the system testing process to witness and approve/reject each test. This process normally takes part of several days to complete.

Design Support: PSP staff will play a key role in the detailed system design process. Typically, this involves a series of “kick‐off” meetings during the initial visit of the GateKeeper team to the airport and follow‐up questions. The focus will be to present system options to PSP for consideration and selection of the desired approach. This will involve several different topics and “departments.” Training Support: PSP staff will need to assist in the delivery of trai ning on the use of the system. This involves scheduling the number and content of classes, providing a training room and projector, providing access to one or more computers for training, etc. PSP will also need to schedule the staff to complete their data import. Our proposal assumes that PSP will have some data in electronic form that needs to be “loaded” into the new system. GateKee
per Systems will provide the format (in Microsoft Excel) to be imported, and PSP staff will need to assemble this data and verify the accuracy of the data once uploaded.

Documentation: The Design and Configuration efforts generally involve providing copies of air port policies, regulations, and other documents to GateKeeper Systems for analysis and implementation into the new software.

Infrastructure: PSP engineering staff will need to provide as‐built documentation of existing infrastructure, power, and communications. In addition, we will need PSP IT support for the assignment of IP addresses and ne
twork access for field hardware devices as well as remote system access portals for GateKeeper Systems remote support.

Tag Placement
Our proposal assumes that transponders will be installed by PSP landside staff as vehicles and companies are enrolled in the system. TransCore will provide training and mounting templates to ensure tags are correctly installed for best performance.

C.2 Additional Considerations
Because there was not a section to address support in the proposal preparation instructions in Section 5 of the RFP, TransCore’s Warranty support in response to Section 4.6 is included herein. Our pricing is based on the following proposed scope:

1. Full, remote software support and system monitoring by GateKeeper Systems 24x7x365

2. Semi‐
annual hardware preventative maintenance visits by local San Diego–based TransCore factory technicians

3. Unlimited hardware telephone technical support from TransCore, available Monday thru Friday during normal business hours

4. 5‐year extended warranty for all TransCore‐manufactured components, including depot‐level repair or component replacement
Our proposal includes Warr anty provisions that meet the requirements of this section with one clarification. Sub section 4.6.C.2 requires compliance with IT Standards. Our Warranty and support procedures and practices recognize this standard, but our extensive experience supporting our software at Item - 1E 45
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
more than 40 airports has resulted in modifications to our support Service‐Level Agreement (SLA) that are more appropriate for our software configuration and use.

In terms of on‐site support of equipment, our pricing assumes that PSP technical personnel will be trained by TransCore to act as “first responders” along with system troubles hooting provided remotely by GateKeeper Systems. In the event repair/replacement of a component would be needed, PSP technicians would use existing PSP‐owned spares as swap‐out units. Necessary depot‐level repairs of the faulty equipment would be performed via RMA at our Albuquerque factory. We find this to be a much more cost‐ effective approach to mai
ntain field hardware up‐time and is the approach we take with the San Diego and John Wayne Airports.

In our experience, the RFID equipment proposed is highly reliable and has very high availability, assuming the source power from the airport is stable. In addition, the E5 readers proposed can buffer up to 15,000 tag read transactions if they go offline for any reason. Based on the identified transaction volumes in Addendum 3, this buffering capability should handle a minimum of 3 days’ worth of transactions if the readers lose communications with the software. The Ga teKeeper CVMS has the functionality to upload these buffered reads on restoration of communications and then create the trip records needed for creating fee charges. Finally, the GateKeeper CVMS software is designed to interface to our E5 readers allowing remote troubleshooting and system resets, if necessary, without having to physically access the readers
in the field.

To augment PSP technical staff, we can offer on‐site response by TransCore factory technicians during normal business hours, Monday thru Friday. If requested, response will be billed at negotiated time & materials (T&M) rates, with a four‐hour minimum, portal to portal. In order to reduce costs to PSP, our response times will be best effort, base
d on availability of personnel.

Section 4.3 Spare Parts
We have included the following spares in our proposal:

Qty Item Part #
1 Encompass 5, NEMA enclosure, dual protocol 10‐5001‐YYY3 1 Antenna Multiplexer 14‐6000‐001
1 Digital I/O 77‐6000‐001
1 3152 UTA, W/SST Hardware 12‐3152‐004
1 DeviceMaster RTS 2‐Port 1E Ethernet
1 Reader Power supplies
1 CalComp wireless modem
C.3 Key/Critical Issues Based on Prior Experience
Listed below are some of the risks/challenges that have been encountered by our team during our AVI implementation projects over the last 20 years.
 Clear statement of project objectives: It is especially important to have a set of clear and detailed objectives or goals that are expected to be achieved as a result of the project. So metimes the process of articulating these objectives has a major impact on the direction of the project.  Clear understanding of the detailed requirements: It is critical to have requirements that define and support the objectives of the project to avoid wasting time and money on tasks that are not key to project success.
 Availability of airport staff at key points in the project: While our team will be responsible for most of the tasks need
ed for implementation of the system, PSP staff will play a vital role in making the Item - 1E 46
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
decisions about a list of alternative configuration and setup issues. Having these decisions made in a timely manner is key to keeping the project on schedule.  Schedule risks: Some projects have significant deadlines that are related to other projects or events.

This increases the risk of schedule delays or wrong decisions. We are not aware of any such external project sch
edule requirements for this project.
 Technical risks: Some projects include new functionality or major changes to existing functions that are key to project success. We have not identified any of this type of risk in this project. All the requirements in this project are part of other systems in current ope rations at other airports.  Things we cannot control: We have encountered “surprises” in some projects that were completely unexpected. Examples include physical infrastructure issues, authorization issues for new policies or ordinances, and details that were not completely documented. While surprises cannot be completely avoided, our
project methodology is designed to uncover potential unanticipated issues in time to look at alternative approaches.

From a field equipment perspective, TransCore understands the infrastructure costs associated when bringing reliable communications out to the existing equipment can be prohibitive, but we also know that communications are critical for a reliable dispatch system. As part of this, we are proposing the replacement of the existing wireless
network with a much more robust non–line‐of‐sight PMPi 450 wireless link by Cambium Networks. This system operates in the 900MHz band and is considerably more suitable than the existing equipment for the term inal area with limited mounting heights and obstructions. Included in our wireless link design phase is a survey to be done shortly after Notice to Proceed (NTP) to qualify the feasibility of the link when using the proposed 900MHz frequency hardware. The result of the survey will determine if we can proce
ed with the proposed link or if a new approach is required.

C.4 Contracts/Projects Not Completed
Response: None
D Schedule/Quality Cont rol/Operational Plan
D.1 Project Schedule
Response: COMPLY
With NTP, our team will begin with the requirements verification and will then enter into the design phase for both hardware and software. These activities will result in the software design document and the engineering drawing packages (including shop drawings). The approved software design document will allow GateKeeper Systems to begin software development activities. Concurre ntly, the approved engineering and shop drawings will allow for us to proceed with the procurement of third‐party equipment and materials.

We have provided a draft schedule for your review and consideration. It includes all significant tasks that can impact the overall project progress. Critical dates include both tags and RF ID equipment deliveries in the schedule. These are current projected days based on factory activity and will be finalized if TransCore is the selected supplier. Sub Tasks will be added during the design phase of the project.

Item - 1E 47
City of Palm Springs, CA  Request f or Proposals 09-22  Automated Vehicle Identification System January 2022
Item - 1E 48
ID I \Task ITask Name Duration [Start Finish
I
Feb '22 I Mar
0 Mode 23 I 30 I 6 13 I 20 1 2
11!1. PSP AVI System Upgrade 111 days Tue 2/1/22 Tue 7 /5/22 2 ... Notice to Proceed Odays Tue 2/1/22 Tue 2/1/22
3 ... Kick-off Meeting with site walk lday Tue 2/8/22 Tue 2/8/22 4 ... Design Phase 13 days Wed 2/9/22 Fri 2/25/22
5 11!1. Prepare/Submit Design Document (DD) 5 days Wed 2/9/22 Tue 2/15/22 6 ... (Customer) Review/Comment on Design Document 2 days Wed 2/16/2:iThu 2/17 /22 7 ... Revise/Submit Final Design Document lday Fri 2/18/22 Fri 2/18/22 8 11!1. (Customer) Reviews/Approves Final Software Design 5 days Mon Fri 2/25/22 Document 2/21/22
~
11!1. Test Documents Phase 12 days Mon 2/28/2:Tue 3/15/22 11!1. Prepare/Submit Test & Commissioning Plan 5 days Mon 2/28/2, Fri 3/4/22 1 ... (Customer) Reviews/Comments on Test & 2 days Mon 3/7 /22 Tue 3/8/22 Commissioning Plan
12 11!1. Prepare/Submit Final Test & Commissioning Plan 5 days Wed 3/9/22 Tue 3/15/22 13 ... Training Documents Phase lOdays Mon 2/28/2; Fri 3/11/22 14 ... Prepare/Submit Training Plan 5 days Mon 2/28/2', Fri 3/4/22 15 11!1. (Customer) Reviews/Comments on Training Plan 2 days Mon 3/7 /22 Tue 3/8/22 16 11!1. Prepare/Submit Final Training Plan 3 days Wed 3/9/22 Fri 3/11/22 17 ... Procurement & Construction Phase 111 days Tue 2/1/22 Tue 7 /5/22 18 11!1. Software Implementation 20days Tue 3/22/22 Mon 4/18/2 :
1 19 11!1. Configure cloud based severs 2 days Tue 3/22/22 Wed 3/23/2',, 20 ... lnstal I Software on Servers 2 days Thu 3/24/22 Fri 3/25/22 21 11!1. Training Phase 1 webinar lday Mon 3/28/2; Mon 3/28/22! 22 ... Testing of Software w/ simulated data 3 days Tue 4/12/22 Thu 4/14/22 Task Inact ive Surrunary . 0 External Tasks
Split 111 1 111111 1 1111 1 1 1 Manual Task I J Extemal Milestone ~ Milestone • Duration-only Deadline ...

Project: 20220113_PSP_AVI_Sys I
Date: Mon 1/17/22 Sum,nary Manual Suininary Rollup Progress Project Summary Manual Summary Manual Progress
Inactive Task Start-only L
Inactive Milestone Finish-or,ly ]
--

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Item - 1E 49
ID I r ask [Task Name Duration lStart !Finish
I 0 Mode 23 I
23 Ill. Final Import of Data 1 day Fri 4/15/22 Fri 4/15/22 24 Ill. Training Phase 2 webinar 1 day Mon 4/18/2; Mon 4/18/2'i. ;
25 Ill. Field Equipment Installation 106 days Tue 2/1/22 Tue 6/28/22 26 ~ ... Order AVI Readers 90days Wed 2/9/22 Tue 6/14/22 27 ... Validate tag order with PSP 5 days Tue 2/1/22 Mon 2/7/22 28 Ill. Order AVI Transponders 60 days Wed 2/9/22 Tue 5/3/22 29 ... Installation of Transponders 20 days Wed 5/4/22 Tue 5/31/22 30 ... Wireless network site survey 3 days Wed 2/9/22 Fri 2/11/22 31 ... Feasibility of wireless network study 5 days Wed 2/16/2-;Tue 2/22/22 32 Ill. Finalize wireless network design and order radic 90 days Wed 2/23/2',Tue 6/28/22 33 Ill. Validate replacement gate with PSP 5 days Tue 2/1/22 Mon 2/7/22 34 ... Order replacemen t gate 90 days Tue 2/8/22 Mon 6/13/2 ,; 35 Ill. Remove exiting AVI equipment 3 days Fri 6/10/22 Tue 6/14/22 36 Ill. Populate existing AVI equipment cabinets 2 days Wed 6/15/2,Thu 6/16/22 37 ... Install Encompass 5 readers with new cabinets 4 days Fri 6/17/22 Wed 6/22/2 ,; 38 Ill. Install replacement gate
39 ... Installation of field equipment complete
40 ... System Test and Commissioning
41 ... Performance Verification Test
42 Ill. Date of Beneficial use
43 ... Final Training
44 Ill. Operational test
45 Ill. System Complete
Task
• Project: 20220113_PSP _AVI_Sys
Date: Mon 1/17 /22
Spl~
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
3 days
Odays
Sdays
2 days
Odays
3 days
21 days
Odays
Inact ive Summary
Manual Task
Duration-o nly
Wed 6/15/22 Fri 6/17 /22
Tue 6/28/22 Tue 6/28/22
Wed 6/29/2;Tue 7 /5/22
Wed 6/29/2-;Thu 6/30/22
Thu 6/30/22 Thu 6/30/22
Fri 7 /1/22
Fri 7 /1/22
Fri 7 /29/22
Tue 7/5/22
Fri 7/29/22
Fri 7/29/22
Exte rnal Tasks
External Milesto ne
Dead line
Manual Summary Rollup •------
Manual Summary
Progress
Manual Progress
Start-on ly
Finish-o nly

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Feb '22
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I Mar ·
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City of Palm Springs, CA  Request f or Proposals 09-22  Automated Vehicle Identification System January 2022
Item - 1E 50
2 I Ar 22 May '22 Jun ·22 I Jul ·22 ! Aug '22
6 J 13 .l 20 I 27 3 .l 10 I 17 1 24 , l 8 1 15 22 .l 29 s .I 12 L 19 26 3 10 17 I 24 l 31 l 7 Task Inactive Summary 0 Exte rnal Tasks
Spl~ 1 1 111 1 11 1 1 1 1, 1 1 1 11 Manual Task External Milesto ne • Milestone
•
Duration-o nly Deadli ne ..

Project: 20220113_PSP _AVI_Sys
Date: Mon 1/17 /22 Summary Manual Summary Rollup Progress Project Summary Manual Summary Manual Progress
Inactive Task Start-on ly L
Inactive M ilestone Finish-o nly J

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Item - 1E 51
2 I Ar r '22 [ May ·22 Jun ·22 Jul '22 I Aug ·22
6 I 13 J 20 I 27 3 I 10 I 17 I 24 , I 8 I 15 I 22 I 29 s I 12 I 19 26 I 3 I 10 17 I 24 31 I 7 - .
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Spl~ 1 1 111 1 11 1 1 1 1, 1 1 1 11 Manual Task I I Externa l Milesto ne •
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•
Duration-o nly Deadli ne ..

Project: 20220113_PSP _AVI_Sys
Date: Mon 1/17 /22 Summary . Manual Summary Rollup Progre ss Project Summary I I Manual Summary I I Manual Progress
Inactive Task Start-on ly L
Inactive M ilestone Finish-o nly J

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City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
D.2 Lines of Communication
Response: COMPLY
An important part of a successful system implementation is the execution of a thorough plan to communicate the objectives, plans, schedule, direct impacts, and potential participation of the individuals and entities involved or impacted by the project.

Communications to Various Stakeholders: The project will have various stakeholders that need to remain informed throughout the process. In our experience, the following communication pathways need to be addressed:

1. Communications between PSP and TransCore/GateKeeper Systems

2. Communications between TransCore and GateKeeper Systems

3. Communications between PSP and ground transportation providers

4. Communications within PSP

5. Communications with other governmental organizations that are stakeholders in the project Project Inform
ation Sources: There are several types of project information that can be of value to stakeholders, including the following:

1. Tender Response Documents from Supplier

2. Contract Documents

3. Design Documents

4. Project Meeting Agendas and Minutes

5. Schedule Updates

6. Acceptance Status
We would recommend that these documents and others be made available in an electronic format in a central location that can be accessed by the identified stakeholders at their convenience. Our team typically uses SharePoint. We would also recommend that an “Update” is published regularly (every 2 weeks may be sufficient) by the PSP project lead and sent to a list of project stakeholders. The frequency of the updates can be increased as the project nears completi on and the “go live” date is established. Certain stakeholders will be users of the system and we recommend that a series of meetings/discussion opportunities be scheduled to provide opportunities for people to be able to ask questions and get additional information. This is particularly important for ground transportation ope rators and PSP staff (Ground Transportation, Information Technology, and Finance) that must comply with system requirements. It may also be appropriate to include project status updates to Senior Management meetings on a regular basis. We would recommend that a final Project Update communication be issued 1 to 2 months after the system is in operation. Th e focus would be to remind stakeholders of the operation of the system, quantify the impacts and improvements that have been implemented.

Item - 1E 52
City of Palm Springs, CA  Request for Proposals 09-22  Automated Vehicle Identification System January 2022
D.3 Quality Control
A key part of our systems quality control is through risk management. We approach risk from a cost, schedule, and technical perspective to ensure a consistent and accurate system. TransCore, together with GateKeeper Systems, has established a consistent project deployment strategy with 35 deployed projects using the same management and deployment practices that will be used at PSP. Notable quality con trol measures include the following:
 Project methodology ‐ planning using a proven work breakdown structure  ISO 9000‐1 manufacturing plant quality control
 Factory acceptance testing performed for all sub‐assemblies before deploying to the field  Proven test plans previously exec uted at other airports  Proper documentation and manuals provided to PSP
 Maintenance and support of the system to ensure it does not become outdated  Strict software and firmware revision and build controls IAW with ISO requirements D.4 Plan for Daily Management of Project
TransCore follows an industry standard PMP processes and all of our project management staff goes through internal training. For managing the project, we set up an agreed upon review of the schedule to track progress so the project status meetings are not usually convened on a daily basis, but weekly is typical.

However, we may report or update issues on an ad hoc basis if pro blems arise that require immediate
resolution. If a problem should arise, our standard practice is to maintain a current list or log of identified problems and their status. This log is reviewed during the project status meetings.

E Local Preference
While the TransCore implementation team proposed for PSP is based in Southern California, we do not have any subcontractors or suppliers that meet the requirements of this section. However, we will source any purchase of cable or consumables and any rental equipment (e.g., generators, bucket trucks) from local suppliers wherever possible.

F Forms
This section contains Attachment A through Attachment D.

Item - 1E 53
Item - 1E 54
ATTACHMENT "A"

SIGNATURE AUTHORIZATION
REQUESTS FOR PROPOSALS (RFP) 09-22

AUTOMATED VEHICLE IDENTIFICATION SYSTEM
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1 )*
NAME OF COMPANY(PROPOSER):

TransCore, LP

BUSINESS
ADDRESS: 150 4th Avenue North, Suite 1200, Nashville, TN 37219 TELEPHONE: 469.925.0461 CELL PHONE 972.342.1431 FAX 214.461.6478 CONTACT PERSON Forrest Swansen EMAIL ADDRESS [email protected] A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal.

Michael Mauritz Senior Vice President
PRINTED NA~E AND TITLE
-z;t,£,,?/(e Jft~ January 19, 2022
SIGNA TU~ AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful , the contract language should refer to me/my company as:
__ An individual;
__ A partnership, Partners' names: _________ ___ _
~A company;
__ A corporation If a corporation , organized in the state of: -----

2. My tax identification number is: 25-1730334 --- ------ ------- PI ease check below IF your firm qualifies as a Local Business as defined in the RFP:
__ A Local Business (licensed within the jurisdiction of the Coachella Valley) .

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

ADDENDA ACKNOWLEDGMENT:

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

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

Addendum(s) # 1, 2, 3 is/are hereby acknowledged.

Item - 1E 55
ATTACHMENT "B"

NON-COLLUSION AFFIDAVIT
REQUESTS FOR PROPOSALS (RFP) 09-22

AUTOMATED VEHICLE IDENTIFICATION SYSTEM
*THIS FORM MUST BE COMPLETED EXECUTED BY PROPOSER AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)* The undersigned , deposes and says that he or she is
Senior Vice President of TransCore, LP ---------------------- , the party making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association , organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof , or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership , company, association, organization, Proposal depository , or any other member or agent t~ereof to effectuate a collusive or sham Proposal.

Title: Senior Vice Presdient
Date: January 19, 2022
Item - 1E 56
ATTACHMENT "C"

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUEST FOR PROPOSAL (RFP 09-22)

AUTOMATED VEHICLE IDENTIFICATION SYSTEM

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other considerat ion in exchange for obtaining this Agreement.

Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is 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 CONSULTANTNENDOR: TransCore, LP --- ------ - ------- - NAME and TITLE of Authorized Representative:
(Print) Michael Mauritz, Senior Vice President
Signature and Date of Authorized Representative:
j
(Sign) ~ M"if (Date) January 19, 2022

ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR PROPOSAL (RFP 09-22)

AUTOMATED VEHICLE IDENTIFICATION SYSTEM

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/W ORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote o f City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

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

Note: A material financial relationship is a relationship betwe en someone who is an owner/investor in the applicant entity and a voting official (o r the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during t he year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

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

Item - 1E 57

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

Note: (1) only trusts or other organizations that are not the fiduciarie s, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

What if I Have Questions?

PENALTIES

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

*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item - 1E 58

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

________________________  Officer  Director  Member  Manager [ n a m e ]  General Partner  Limited Partner
Other ___________________________

_______________________________  Officer  Director  Member  Manager [ n a m e ]  General Partner  Limited Partner
 Other __________________________

________________________________  Officer  Director  Member  Manager [ n a m e ]  General Partner  Limited Partner
 Other __________________________
Item - 1E 59
TransCore, LP
150 4th Avenue North, Suite 1200, Nashville, TN 37219
X
X
TransCore, LP
Delaware
(Limited)
X
Item - 1E 60

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
** See Attached Organization Tree**
[name of owner/investor] [percentage of beneficia l interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party , Printed Name, Title Date -::~ J;;.!!f::C
January 19, 2022
TransCore LP Org. Tree as of January 18, 2022
A. TransCore, LP, a Delaware limited partnership
a. Partners: TransCore Partners, LLC; TLP Holdings, LLC b. Ownership:
i. 98.864% TransCore Partners, LLC
ii. 1.136% TLP Holdings, LLC
B. TransCore Partners, LLC, a Delaware limited liability company a. Sole Member: TransCore Holdings, Inc.
b. Ownership: 100%
C. TLP Holdings, LLC, a Delaware limited liability company a. Sole
Member: TransCore Holdings, Inc.
b. Ownership: 100%
D. TransCore Holdings, Inc., a Delaware corporation
a. Officers: Tracy Marks, Gary Bucciarelli, Christina Able, John K. Stipancich, Michael Crotty, Jason Conley
b. Ownership: 100% Roper Technologies, Inc.

E. Roper Technologies, Inc., a Delaware corporation
a. Officers: Neil Hunn, Robert Crisci, John Stip ancich b. Ownership: a U.S. publicly traded company (NYSE: ROP) Item - 1E 61

CITY COUNCIL STAFF REPORT
05/12/2022 1. F.

City Clerk -

SUBJECT
APPROVE A ONE-YEAR AGREEMENT WITH WAXIE’S ENTERPRISES, LLC TO

PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR SERVICES TO THE

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

1. Authorize the City Manager or his designee to execute all necessary documents.2.

Attachments
Item 1F
55575.38160\34879736.1

CITY COUNCIL STAFF REPORT

DATE: MAY 12, 2022 CONSENT CALENDAR

SUBJECT: APPROVE A ONE-YEAR AGREEMENT WITH WAXIE’S ENTERPRISES,

LLC TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT REPAIR

SERVICES TO THE PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve a one-year Contract Service Agreement with Waxie’s Enterprises, LLC (Waxie) to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport.

RECOMMENDATION:

1. A pprove Contract Service Agreement A 9089 (Attachment A ) with Waxie’s Enterprises, LLC to provide janitorial supplies and janitorial equipment repairs to the Palm Springs International Airport for a one- year term in an amount not to exceed $210,000, beginning May 16, 2022, and ending May 15, 2023.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure Form (Attachment B) and the Statement of Information filed with the California Secretary of State on May 27, 2020, Waxie’s Enterprises, LLC is registered in the State of Delaware and in the State of California. The Chief Executive Officer is Charles Wax.

BACKGROUND:

Pursuant to the City of Palm Springs Ordinance 2049, Title 7 Section 7.09.010 of the Municipal Code, Procurement and Contracting, the City may participate in cooperative agreements established by other public agencies, provided the cooperative agreement was established following a competitive bid process.

Item - 1F 1
55575.38160\34879736.1

City Council Staff Report
May 12, 2022 -- Page 2
Waxie’s Enterprises, LLC - Agreement A9089 for Janitorial Supplies to the Airport

A cooperative purchasing agreement was competitively bid in October 2019 through OMNIA Partners Cooperative, and Contract 202329- 01 was awarded which set discounted pricing for the procurement of janitorial and sanitation supplies for an initial term of three years, with an option to renew for one additional two- year period. The agreement includes language making the contract pricing available to other public agencies nationwide, including state and local entities. The discounted pricing and product selection found in the cooperative agreement accomplishes the Airport’s janitorial and equipment needs, and the use of the cooperative contract meets the procurement requirements for the City.

The cooperative purchasing agreement, referenced as Attachment C, is available for review at the following link. Additionally, a hard copy is available for review in the Office of the City Clerk.

ATTACHMENT C

The Airport requires rapid deliveries and stocked inventory levels for large quantity janitorial supplies. Waxie has 21 regional inventory centers with their own fleet of delivery vehicles to make deliveries as scheduled and in emergency situations. The Airport sees the Waxie agreement as advantageous to fill the current janitorial demand for the cleanliness of the Airport.

STAFF ANALYSIS:

The Airport purchases janitorial supplies and equipment to include bathroom supplies, cleaners, disinfectants, gloves, soap, deodorizers, trash liners, mop heads, brooms, and other items. Traditionally, the purchase of janitorial products and equipment maintenance services has amounted to approximately ninety percent (90%) of the annual janitorial products’ budget.

Over the last four years, the cost of the yearly supplies has averaged $165,914 inclusive of the COVID-impacted CY 2020, and $182,978 excluding CY 2020. Maintenance service of the janitorial equipment has averaged $6,000 a year.

Year Total Passengers Supplies Expenditures
CY 2018 2,327,018 $ 150,374.52
CY 2019 2,563,955 * $ 223,335.68
CY 2020 1,252,094 $ 114,725.18
CY 2021 2,092,943 $ 175,224.33
* Includes the replacement of equipment in an amount of $40,000.

Airport Staff expects the post-COVID travel rebound experienced since the summer of 2021 to continue, and with the addition of new airlines and new air service, passenger levels are likely to equal or surpass those experienced in CY 2019.

Item - 1F 2
55575.38160\34879736.1

City Council Staff Report
May 12, 2022 -- Page 3
Waxie’s Enterprises, LLC - Agreement A9089 for Janitorial Supplies to the Airport

The Airport is a nticipating an increase in passenger levels which will cause higher material use, an average cost increase of materials of eight percent in the coming year, and continued maintenance and possible replacement of equipment . Airport Staff is proposing to enter into a one-year Contract Service Agreement with Waxie beginning on May 16, 2022, and ending on May 15, 2023, in an amount not to exceed $210,000.

During fiscal year 2022-2023, the Airport will go through the competitive bid process and issue an Invitation for Bids through the City Procurement process for the following years.

FISCAL IMPACT:

Funding for janitorial supplies and equipment maintenance is available in the current fiscal year and is included in the FY 2022-23 Airport Budget.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Mark Velasquez
City Manager: Justin Clifton

ATTACHMENTS:

A. Contract Service Agreement A9089
B. Public Integrity Disclosure Form
C. Contract #202329-01 (Janitorial and Sanitation Supplies, Equipment and Related Services) found here:

ATTACHMENT C

Item - 1F 3
Revised 2.9.22
CONTRACT SERVICES AGREEMENT A9089
WAXIE’S ENTERPRISES, LLC

PROVISION OF JANITORIAL GOODS AND JANITORIAL

EQUIPMENT MAINTENANCE SERVICES FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 25, 2022, by and between the CITY OF PALM SPRINGS , a California charter city and municipal corporation (“City”), and WAXIE’S ENTERPRISES, LLC, a Limited Li ability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a Janitorial Goods Company for the Palm Springs International Airport, (“Project”).

B. Contractor is under a cooperati ve contract through OMNIA Partners Contract 202329-01 to provide janitorial and sanitation supplies, equipment, and related services, to public entities including the City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in considera tion of the p romises and mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms an d conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and s kill or dinarily exercised by high quality , experi enced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms s et forth in t his Agreement, the terms set forth i n this Agreement shall govern.

Item - 1F 4
Revised 2.9.22

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permi ts, and approvals as may be required by law for t he performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and f ully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement . Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or neg ligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accorda nce wi th the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed $ 210,000.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice , no later than the first working day of such month , in the form approved by City’s finance director. P ayments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with thi s Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited t o, any additional fees.

An amendment may be entered into:

A. To provide for revisions or modifications to docu ments, work product, or Work, when required by the enactment or revision of any subsequent law; or Item - 1F 5
Revised 2.9.22
B. To provide for additional services not incl uded in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to , and contingent upon , funds being appropriated by the City Council of City for each fi scal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence . Time is of the essence in the performance of this Agreement.

4.2 Schedule of Perfor mance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure . The time for p erformance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event . A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a p ublic enemy; (3) orders of gove rnmental authorities (including, without limitation , unreasonable and unforeseeable delay in the issuance of permits or approvals by governmen tal authorities that are required for the Work); and (4) pandemics, epidem ics or qu arantine restrictions . For purp oses of this section, “orders of governmental autho rities,” includes ordinances, emergency proclamations and orders, rules to protect the publ ic health, welfare and safety, and other actions of the City in its capacity as a m unicipal authority. After Contractor notification, t he Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination sh all be final and conclusive upon the Parties to this Agreeme nt. The Contractor will not re ceive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still t erminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in acc ordance with Section 4.5 of this Agreement, this Agreement s hall continue in full f orce and effect for a period of twelve months, commencing on April 25, 2022, and ending on April 24, 2023, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any ti me, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an Item - 1F 6
Revised 2.9.22
immediate danger to he alth, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the Cit y. Upo n receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs o ther than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Jeff Ol inger, Senior Account Executive . It is expressly understood that the experience , knowledge, education, capability, and reputation of the foregoing principal is a substant ial inducement for City to enter into this Agreement. Therefore, the fore going principal shall be responsi ble dur ing the t erm of this Agreement for directing all ac tivities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

Contractor shall refer any decisions that must be made by City to th e Contract Officer.

Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

Contractor shall not contract with any ot her individual or entity to perfo rm any Services required under this Agreement without the City's express written app roval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without th e prior written approval of City. Subcontracts, i f any, shall contain a provision making them subject to all provisio ns stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agr eement by City, Contractor shall be responsible to City fo r the acts and omissions o f i ts subcontractor(s) in the same manner as it is for persons di rectly employed. Nothing contained in this Item - 1F 7
Revised 2.9.22
Agreement shall create any con tractual relationships between an y subco ntractor and City.

5.4 Independent Contractor . Neither City nor any of its e mployees shall have any control over the manner, mode , or means b y which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all tim es as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner repres ent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wa ges, sa laries, a nd other amounts due personnel in connecti on with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment in surance, and workers’ comp ensation insurance.

Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the f ollowing individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contrac t Officer. Acting through the City Manager, the City shall have the unre stricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Jeff Olinger Senior Account Executive

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the pay ment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an a pplicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or m ore for maintenance or $25,000 or more for construction, alteration, demolition, insta llation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemn ify and hold the City, its officials, officers, empl oyees and agents free and harmless from any claims, liabilities, costs, penalties or i nterest arising out of any failure or alleged failure to comply with the Prevailing Wag e Laws. It shall be mandatory upon t he Contractor and all subcon tractors to comply with all California Labor Code provisions, which include but are not limited to preva iling wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certifie d p ayroll records (Labor Code Sections 1771.4 and 17 76), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors a nd subcontractors (Labor Code Section 1777.1).

Item - 1F 8
Revised 2.9.22
B. If the Services are being performed as part of an applicable “publi c works” or “maintenance” project and if the total c ompensation is $15,000 or more for maintenance or $25,000 or more for construction, al teration, demolition, installation , or repair, then pursuant to Labor Code Sections 172 5.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcon tractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and e xpense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectiv ely the “Indemnified Parties”), from and against any and all liabilities, actions, s uits, claims, demands, losses, costs, judgments, arb itration awards, settlements, damages, demands, orders, penalties, and expenses incl uding legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees includ ed), for damage to property, including property owned by City, for any violation of an y federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnifica tion clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnificatio n obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement unti l all actions against the Indemnif ied Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnifica tion and Reimbursement .

If Contractor’s obligation to defend, indemnify, and/or hold ha rmless arises out of Contractor’s performance as a “design professional” (as that t erm is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be li mited to the extent which the C laims arise out of, p ertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a Item - 1F 9
Revised 2.9.22
court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and sub mit to the Contract Officer reports concerning the p erformance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and e xpenditures pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Ag reement and enable the Contract Officer to eva luate the performance of such Services. The Contract Officer shall have full and f ree access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and othe r materials prepared by Contractor in the performance of this Agreement shall be the p roperty of City . Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its ful l rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents . All draw ings, s pecifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular busines s hours of City, Contractor shall provide City, or o ther agents of City, such access to Contractor’s books, records, payroll documents, an d facilities as City deems necessa ry to e xamine, copy, audit, and inspect all accountin g books, records, work data, do cuments, and activities directly related to Contract or’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of th e parties in accordance with the laws of the State of California. Legal actions conce rning any dispute, claim, or matter arising out of or in Item - 1F 10
Revised 2.9.22
relation to this Agreement sha ll be instituted in the Superio r C ourt of the County of Riverside, State of Califor nia, or any other appropriate court in such county, and Contractor covenants and agree s to submit to the personal jurisd iction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are co ntractual and the result of negotiation between the P arties. Accordingly, any rule o f c onstruction of contracts (including, without limi tation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not b e employed in the interpretation of this Agreement. The caption headings of the var ious s ections and paragraphs of this Agreement are f or convenience and identification purposes only and shall not be deemed to limit, expa nd, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercis e of any right or remedy of a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No conse nt or approval of City shall be de emed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of an y default must be in writing . No such waiver shall be a waiver of any other default c oncerning the same or any other pr ovision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action . In addition to any other rights or re medies, either Party may take legal action, in law or in equity, to cure, correct , or r emedy any default, to recover damages for any def ault, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any othe r remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in additi on to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include bu t are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses inc urred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
Item - 1F 11
Revised 2.9.22

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

Contractor warrants that Contractor has n ot paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination . In connection with its performance under this Agre ement, Contractor shall not dis criminate 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 ling uistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure tha t applicants are employed, and that employees are treated during their employment, w ithout regard to any prohibited basis. As a conditio n precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies tha t i ts a ctions and omissions hereunder shall not incorporate any discrimination arisi ng 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; ra tes of pay or other forms of co mpensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions o f Palm Springs Municipal Code Sect ion 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

Either Party may change its addr ess by notifying the other Party of the change of address in writing.

Item - 1F 12
Revised 2.9.22
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Waxie’s Enterprises, LLC
9353 Waxie Way
San Diego, CA 92193

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and super sedes and cancels all prior negoti ations, arrangements, agreements, representations, an d understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of t his Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement s hall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the re maining phrases, sentences, clauses, paragraphs, or s ections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing c ontained i n this Agreement is intended to confer, nor shall this Agreement be construed as confe rring, any rights, including, with out limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as tho ugh fully set forth in this Agreem ent and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this A greement the Parties are formally bound to the provisions of this Agreement.

Item - 1F 13
Revised 2.9.22

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

12. FEDERAL PROVISIONS
Since funding for the Goods is provided, in wh ole or in part, by the Federal Aviation Administration, Supplier shall al so fully a nd adequately comply with the provisions included in Exhibit “D” attached hereto and i ncorporated herein by reference (“Federal Provisions”). With respect to any conflict b etween such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
Item - 1F 14
Revised 2.9.22
SIGNATURE PAGE TO AGREEMENT No. A9089 BY AND BETWEEN THE CITY OF PALM SPRINGS AND WAXIE’S ENTERPRISES, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: ____________________________ Signature Signature
Name:____________________________
Title: _____________________________
Date: _____________________________
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __________ Item No. __________
APPROVED AS TO FORM:

By: ___________________________
Corporations require two signatures
Name:___________________________
Title:_____________________________
Date: ____________________________
ATTEST:

By: ____________________________
Jeffrey S. Ballinger Monique Lomeli
City Attorney Interim City Clerk
APPROVED:

By: _______________________________ Date:

Justin Clifton,
City Manager
Item - 1F 15
Revised 2.9.22
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item - 1F 16
Revised 2.9.22
The scope of the services will be as outlined in the OMNIA Partners Contract 202329-

01. Services include janitorial and sanitation supplies, equipment, and related services.

Prices are as outlined on the following pages for the current year.

Item - 1F 17
JANITORIAL RFP 2019

PRICE WORKSHEET
DO NOT DELETE ANY TABS, ROWS, COLUMNS OR CHANGE THE WORKBOOK FORMAT.

This workbook includes the following tabs:

Chemicals
Equipment and Dispensers
Gloves
Hand Soaps and Sanitizers
Liners
Paper
Supplies
Category Discount
The table below lists the number of SKUs per category. The table will count the number of SKUs and extended cost submitted in this worksheet.

CATEGORY SKU Count PROPOSED SKUs ALT SKUs TOTAL SKUS PROPOSED EXT ALT EXT Chemicals 108 108 0 108 1,528,647.28$ -$
Equipment & Dispensers 22 22 0 22 217,050.31$ -$
Gloves 33 33 0 33 275,035.82$ -$
Hand Soaps & Sanitizers 29 29 0 29 1,288,778.75$ -$
Liners 74 74 0 74 1,655,541.75$ -$
Paper 81 81 3 84 6,180,693.26$ -$
Supplies 153 153 8 161 850,983.86$ -$
TOTALS 500 500 11 511 11,996,731.03$ -$
Each category tab includes the following headers. Reference the header and definitions below.

Category: This is the Janitorial category, i.e. Chemicals, Gloves, etc.

Record ID: UC record ID to track each item in this worksheet.

Item #: Current catalog item number
Item Description: This is the product description
Vendor Name: Manufacturer of the product
MPC: Manufacturer product number
UOM: Unit of measure for the particular item
UOM 2: Secondary unit of measure with this product (if there is any depending on the packaging) UOM Conversion: Unit of measure conversion if there is any with this product Your Price: Supplier's price to the specified product description.

Current Qty: EstimateD annual UC usage
Your UOM: This is the UOM product you are proposing
Ext Cost: Qty x Your Price
Your Brand (If Different): Enter your alternative product brand equivalent to the Item Description. Submit if you are not able to supply original item.

Your UOM (If Different): Enter alternative UOM if different to the Item Description.

Green Description: Use drop-down and select the alternative product's green description Your MPC: Enter alternative manufacturer product code if different to the Item Description Alternative Price: Enter product price for the alternative product Alt Qty: Enter corresponding quantity that corresponds to Your UOM header Alt Product Ext: Alternative Price x Alt Qty
The CATEGORY DISCOUNT tab is where the supplier should input the percent discount on all products they offer in that category other than the parts already captured in each individual category tab.

The SUGGESTED BASKET is where the supplier should input any recommended items to be added to the market basket for each category.

Item - 1F 18

I I I I I I I
PAPER
Category Record ID Item # Item Description Vendor Name MPC UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Paper SP1 856065 290088 TORK H1 NATURAL ROLL TOWEL 6/700 ESSITY NORTH AMERICA INC 290088 CS 0 38.29 $ 20,115 CS Paper SP2 856262 290087 TORK ADVANCED HAND ROLL TOWEL WHITE 6/700 ESSITY NORTH AMERICA INC 290087 CS 0 41.51 $ 19,266 CS Paper SP3 856170 12024402 TORK ADVANCED MINI JUMBO 2-PLY BATH TISSUE 12/751 ESSITY NORTH AMERICA INC 12024402 CS 0 30.62 $ 18,406 CS Paper SP4 851659 SCA TORK ADVANCED JUMBO BATH TISSUE 2-PLY 6/1600 ESSITY NORTH AMERICA INC 12021502 CS 0 33.42 $ 8,814 CS Paper SP5 851672 TJ0924 TORK UNIVERSAL 2-PLY JUMBO ROLL BATH TISSUE 12/1000 ESSITY NORTH AMERICA INC TJ0924 CS 0 28.42 $ 8,704 CS Paper SP6 851530 WAXIE 041 TOILET SEAT COVERS 20/250 (5000/CS) CASE ONLY HOSPECO WAXIE-5000 CS PK 20 38.43 $ 7,764 CS Paper SP7 850594 290095 TORK ADVANCED MATIC ROLL TOWEL WHITE 6/900 ESSITY NORTH AMERICA INC 290095 CS 0 50.07 $ 6,707 CS Paper SP8 851088 SA APC ECO GREEN RECYCLED SMALL CORE BATH TISSUE 2-PLY 24/1500 AMERICAN PAPER CONVERTING INC EB5725 CS 0 40.97 $ 6,343 CS Paper SP9 856164 RK1000 TORK UNIVERSAL HAND ROLL TOWEL NATURAL 6X1000 ESSITY NORTH AMERICA INC RK1000 CS 0 32.53 $ 4,439 CS Paper SP10 851675 472886 TORK CORELESS 2-PLY HIGH CAPACITY BATH TISSUE 36/900 ESSITY NORTH AMERICA INC 472886 CS 0 50.07 $ 4,264 CS Paper SP11 856093 TM6120S TORK ADVANCED 2-PLY STANDARD BATH TISSUE 96/500 ESSITY NORTH AMERICA INC TM6120S CS 0 44.73 $ 4,176 CS Paper SP12 851660 TM1616S TORK STANDARD BATH TISSUE 2-PLY 96/500 ESSITY NORTH AMERICA INC TM1616S CS 0 40.82 $ 3,998 CS Paper SP13 851658 110291A TORK ADVANCED HIGH CAPACITY BATH TISSUE 1-PLY 36/2 ESSITY NORTH AMERICA INC 110291A CS 0 51.51 $ 3,446 CS Paper SP14 856091 TJ1222A TORK UNIVERSAL 12 IN JUMBO SR 2-PLY BATH TISSUE 6/20 ESSITY NORTH AMERICA INC TJ1222A CS 0 29.04 $ 3,170 CS Paper SP15 851218 13217 SCOTT ECOLOGO 2-PLY STANDARD BATH TISSUE 80X506 KIMBERLY-CLARK CORPORATION 13217 CS 0 43.36 $ 3,093 CS Paper SP16 851730 HEALTH GARDS GREEN SEAT COVER 1/2 FOLD 20 PKS OF 250 PER CS HOSPECO GRN-5000 CS 0 50.00 $ 3,045 CS Paper SP17 851665 110292A TORK ADVANCED HIGH CAPACITY BATH TISSUE 2-PLY 36/1 ESSITY NORTH AMERICA INC 110292A CS 0 47.33 $ 3,045 CS Paper SP18 855991 MB540A TORK UNIVERSAL WHITE MULTIFOLD HAND TOWEL 16/250 ESSITY NORTH AMERICA INC MB540A CS 0 21.30 $ 2,619 CS Paper SP19 855122 TORK UNIVERSAL HAND TOWEL ROLL BROWN 6X1000 ESSITY NORTH AMERICA INC 8031000 CS 0 42.47 $ 2,340 CS Paper SP20 850232 WAXIE 2001 CLEAN & SOFT WHITE MULTIFOLD TOWEL EPA CPG 16X250 KIMBERLY-CLARK CORPORATION 88001 CS 0 23.26 $ 1,877 CS Paper SP21 850410 20887 PACIFIC BLUE ULTRA BIGFOLD TOWEL WHITE 10X220 GEORGIA PACIFIC 20887 CS 0 33.29 $ 1,495 CS Paper SP22 850864 01000 SCOTT HIGH CAPACITY ROLL TOWEL WHITE 12/1000 KIMBERLY-CLARK CORPORATION 01000 CS 0 78.97 $ 1,450 CS Paper SP23 850390 01804 SCOTT MULTIFOLD TOWELS WHITE 16X250 KIMBERLY-CLARK CORPORATION 01804 CS 0 25.21 $ 1,260 CS Paper SP24 850024 23504 PACIFIC BLUE BASIC SINGLEFOLD TOWEL BROWN 16X250 GEORGIA PACIFIC 23504 CS 0 22.40 $ 1,039 CS Paper SP25 851157 WAXIE 1500 CLEAN & SOFT SUPER ROLL BATH TISSUE 8/1500 AMERICAN PAPER CONVERTING INC WAXIE-1500 CS 0 32.01 $ 1,001 CS Paper SP26 850035 01700 SCOTT SINGLEFOLD TOWELS 16X250 KIMBERLY-CLARK CORPORATION 01700 CS 0 34.11 $ 978 CS Paper SP27 851235 GP 19510 (19500) SOFPULL 2-PLY CENTERPULL BATH TISS-6X1000 GEORGIA PACIFIC 19510 CS 0 32.19 $ 875 CS Paper SP28 850539 89440 ENMOTION 8-IN BROWN EPA COMPLIANT ROLL TOWEL 6X700 GEORGIA PACIFIC 89440 CS 0 55.07 $ 830 CS Paper SP29 850237 20904 PACIFIC BLUE BASIC WHITE SINGLEFOLD TOWEL 16X250 GEORGIA PACIFIC 20904 CS 0 29.86 $ 829 CS Paper SP30 851191 04460 SCOTT 2-PLY STANDARD ROLL BATHROOM TISSUE - 80X550 KIMBERLY-CLARK CORPORATION 04460 CS 0 49.32 $ 782 CS Paper SP31 851247 WAXIE-GREEN 8036 SMALL CORE 2-PLY BATH TISSUE 36/1000 AMERICAN PAPER CONVERTING INC WG-8036 CS 0 44.89 $ 767 CS Paper SP32 851166 WAXIE 1965 CLEAN & SOFT WHITE 2-PLY BATH TISSUE 96/500 ROYAL PAPER CONVERTING 566188 CS 0 53.00 $ 739 CS Paper SP33 851178 WAXIE 1855 CLEAN & SOFT WHITE 2-PLY BATH TISSUE 80/550 ROYAL PAPER CONVERTING 566186 CS 0 49.39 $ 707 CS Paper SP34 851151 WAXIE-GREEN 8500 SUPER ROLL 2-PLY BATH TISSUE 8/1500 AMERICAN PAPER CONVERTING INC WG-8500 CS 0 33.86 $ 680 CS Paper SP35 851255 WAXIE -GREEN 8600-01 WHITE 2-PLY BATH TISSUE 80/500 AMERICAN PAPER CONVERTING INC WG-8600-01 CS 0 36.19 $ 624 CS Paper SP36 851177 WAXIE 1912 CLEAN & SOFT 2-PLY JUMBO ROLL BATH TISSUE 12/1000 AMERICAN PAPER CONVERTING INC WAXIE-1912 CS 0 27.55 $ 605 CS Paper SP37 850865 01040 SCOTT UNIVERSAL ROLL TOWELS - 12 PER CS KIMBERLY-CLARK CORPORATION 01040 CS 0 68.15 $ 559 CS Paper SP38 855992 SK1850A TORK UNIVERSAL NATURAL SINGLEFOLD HAND TOWEL 16/250 ESSITY NORTH AMERICA INC SK1850A CS 0 20.00 $ 521 CS Paper SP39 850636 WAXIE 6800 CLEAN & SOFT WHITE UNIVERSAL ROLL TOWEL 6/800 AMERICAN PAPER CONVERTING INC WAXIE-6800 CS 0 32.60 $ 486 CS Paper SP40 851193 07805 SCOTT JRT JR JUMBO ROLL TISSUE 2-PLY - 12X1000 KIMBERLY-CLARK CORPORATION 07805 CS 0 32.67 $ 476 CS Paper SP41 850013SA 23000 SIGNATURE (PREFERENCE) C-FOLD TWL 12-120 SHTS PER CASE GEORGIA PACIFIC 23000 CS 0 25.34 $ 471 CS Paper SP42 856066 290089 TORK ADVANCED MATIC ROLL TOWEL WHITE 6/700 ESSITY NORTH AMERICA INC 290089 CS 0 40.34 $ 438 CS Paper SP43 850550 89480 ENMOTION BROWN ECO LOGO HIGH CAPACITY ROLL TOWEL 6X800 GEORGIA PACIFIC 89480 CS 0 56.37 $ 393 CS Paper SP44 850848 MB578 TORK PREMIUM SOFT WHITE MULTIFOLD HAND TOWEL 16/135 ESSITY NORTH AMERICA INC MB578 CS 0 28.63 $ 383 CS Paper SP45 856084 SB1840A TORK UNIVERSAL WHITE SINGLEFOLD HAND TOWEL 16/250 ESSITY NORTH AMERICA INC SB1840A CS 0 29.52 $ 377 CS Paper SP46 850016 23304 PACIFIC BLUE BASIC MULTIFOLD TOWEL BROWN 16X250 GEORGIA PACIFIC 23304 CS 0 22.05 $ 369 CS Paper SP47 850455 01510 SCOTT C-FOLD TOWELS WHITE 12X200 KIMBERLY-CLARK CORPORATION 01510 CS 0 29.04 $ 363 CS Paper SP48 850955 19375 COMPACT CORELESS HI-CAP 2-PLY BATH TISSUE 36/1000 GEORGIA PACIFIC 19375 CS 0 54.52 $ 362 CS Paper SP49 851167 37541 SUPER SOFT WHITE 2-PLY BATH TISSUE 96X500 ROYAL PAPER CONVERTING 300188 CS 0 44.07 $ 360 CS Paper SP50 851342 16880 ANGEL SOFT PS WHITE 2-PLY PREMIUM BATH TISSUE 80X450 GEORGIA PACIFIC 16880 CS 0 53.56 $ 351 CS Paper SP51 850572 WAXIE 3600 CLEAN & SOFT WHITE UNIVERSAL ROLL TOWEL 12/600 AMERICAN PAPER CONVERTING INC WAXIE-3600 CS 0 48.63 $ 347 CS Paper SP52 856076 P/O-M SCA MB550A CORONET TOWEL 16/250 WHITE ESSITY NORTH AMERICA INC MB550A CS 0 24.11 $ 321 CS Paper SP53 850661 KC 12388 SCOTT SLIMROLL HARD ROLL TOWELS 6/580FT KIMBERLY-CLARK CORPORATION 12388 CS 0 42.60 $ 300 CS Paper SP54 850008 24590 PACIFIC BLUE BASIC WHITE MULTIFOLD TOWEL 16X250 GEORGIA PACIFIC 24590 CS 0 24.59 $ 266 CS Paper SP55 850235 21000 PACIFIC BLUE SELECT MULTIFOLD TOWEL WHITE 16X125 GEORGIA PACIFIC 21000 CS 0 20.96 $ 253 CS Paper SP56 851500 21400 WHITE KLEENEX FACIAL TISSUE - 36X100 KIMBERLY-CLARK CORPORATION 21400 CS 0 37.81 $ 250 CS Paper SP57 850002 20241 PACIFIC BLUE SELECT C-FOLD TOWEL WHITE 12X200 GEORGIA PACIFIC 20241 CS 0 31.99 $ 243 CS Paper SP58 856086 TF6810 TORK ADVANCED FACIAL TISSUE FLAT BOX 30/100 ESSITY NORTH AMERICA INC TF6810 CS 0 24.73 $ 241 CS Paper SP59 850951 50606 KLEENEX HARD ROLL TOWELS WHITE 6/600' ROLLS 1.75" CORE KIMBERLY-CLARK CORPORATION 50606 CS 0 43.22 $ 222 CS Paper SP60 856090 TJ0922A TORK UNIVERSAL 2-PLY JUMBO ROLL BATH TISSUE 12/1000 ESSITY NORTH AMERICA INC TJ0922A CS 0 26.85 $ 220 CS Paper SP61 855001 101293 TORK SOFT XPRESS WHITE MULTIFOLD HAND TOWEL 16/189 ESSITY NORTH AMERICA INC 101293 CS 0 35.48 $ 209 CS Paper SP62 850332 KC 01807 SCOTT WHITE MULTIFOLD TOWELS 16/250 KIMBERLY-CLARK CORPORATION 01807 CS 0 24.79 $ 205 CS Paper SP63 850040 00350 PACIFIC BLUE SELECT WINDSHIELD TOWEL BLUE 9X250 GEORGIA PACIFIC 350 CS 0 34.52 $ 191 CS Paper SP64 851410 48100 PREFERENCE WHITE FACIAL TISSUE - 30X100 GEORGIA PACIFIC 48100 CS 0 24.45 $ 189 CS Paper SP65 851443 WAXIE 5100 CLEAN & SOFT 2-PLY FACIAL TISSUE FLAT BOX 30/100 ROYAL PAPER CONVERTING 566713 CS 0 20.01 $ 180 CS Paper SP66 850045 WAXIE 2010 KLEENLINE MULTIFOLD TOWEL WHITE 16/250 (4000/CS) ORCHIDS PAPER PRODUCTS CO TI18710 CS 0 22.14 $ 171 CS Paper SP67 851467 21606 WHITE KLEENEX FACIAL TISSUE - 48X125 KIMBERLY-CLARK CORPORATION 21606 CS 0 54.93 $ 163 CS Paper SP68 856000 27300 PACIFIC BLUE SELECT WHITE PERFORATED ROLL TOWEL 30/100 GEORGIA PACIFIC 27300 CS 0 33.22 $ 163 CS Paper SP69 850630 WAXIE 3085 CLEAN & SOFT KITCHEN ROLL TOWEL 30/85 ROYAL PAPER CONVERTING 566316 CS 0 29.47 $ 154 CS Paper SP70 851248 WAXIE-GREEN 8800 UNIVERSAL NATURAL WHITE ROLL TOWEL 6/800 AMERICAN PAPER CONVERTING INC WG-8800 CS 0 30.29 $ 141 CS Paper SP71 851197 02129 SCOTT (TRADITION) JRT JR JUMBO ROLL TISSUE 2-PLY 12X1000 KIMBERLY-CLARK CORPORATION 02129 CS 0 29.18 $ 130 CS Paper SP72 850261 20204 PACIFIC BLUE BASIC MULTIFOLD TOWEL WHITE 16X250 GEORGIA PACIFIC 20204 CS 0 24.45 $ 129 CS Paper SP73 851127 18280/01 PREFERENCE WHITE 2-PLY EMBOSSED BATHROOM TISSUE 80X550 GEORGIA PACIFIC 18280/01 CS 0 50.14 $ 128 CS Paper SP74 851455 21270 KLEENEX BOUTIQUE FACIAL TISSUE DECORATIVE BOX 36X95 KIMBERLY-CLARK CORPORATION 21270 CS 0 44.59 $ 126 CS Paper SP75 855995 SCA RB8004 TORK UNIVERSAL HAND TOWEL ROLL WHITE 6/800 ESSITY NORTH AMERICA INC RB8004 CS 0 26.92 $ 120 CS Paper SP76 851504 WAXIE SELECT PREMIUM FACIAL TISSUE 2-PLY FLAT BOX 30/100 ROYAL PAPER CONVERTING 965714 CS 0 22.97 $ 117 CS Paper SP77 850450 01500 KLEENEX C-FOLD TOWELS 16X150 KIMBERLY-CLARK CORPORATION 01500 CS 0 38.01 $ 117 CS Paper SP78 851531 HSC RECYCLED HALF-FOLD TOILET SEAT COVERS 250CT (CS OF 20) HOSPECO RP-5000 CS 0 35.00 $ 109 CS Paper SP79 850225 20389 PACIFIC BLUE SELECT MULTIFOLD TOWEL WHITE 16X250 GEORGIA PACIFIC 20389 CS 0 27.40 $ 108 CS Paper SP80 850088 WAXIE 2800 KLEENLINE WHITE UNIV ROLL TOWEL 6X800 - 2-IN CORE ORCHIDS PAPER PRODUCTS CO TR18660 CS 0 27.71 $ 107 CS Paper SP81 856087 TF6910A TORK PREMIUM FACIAL TISSUE CUBE BOX 36/94 ESSITY NORTH AMERICA INC TF6910A CS 0 34.11 $ 105 CS Item - 1F 19

CHEMICALS
Category Record ID Item # Item Description Vendor Name MFI Dilution Min Strength (1:XXX)Dilution Probable Strength (1:XXX)Dilution Max Strength (1:XXX)UOM UOM 2 UOM Conversion 1YOUR PRICE CURRENT QTYYOUR UOM Chemicals CH1 5117062 APEX POWER 6/6.75# ECOLAB INSTITUTIONAL DIVISION 6117062 N/A N/A N/A CS 0 254.34$ 465 CS Chemicals CH2 328121 RTD ALPHA HP MULTI-SURFACE CLEANER 2X1.5L DIVERSEY INC 3350727 256 128 64 CS EA 2 52.27$ 862 CS Chemicals CH3 870370 COMET CLEANER WITH BLEACH 8/32-OZ. PGC 02287 NP&PC / ESSENDANT CO. PGC02287CT N/A N/A N/A CS QT 8 58.15$ 797 CS Chemicals CH4 931013 VECTRA FLOOR FINISH 5 GAL DIVERSEY INC 5105047 RTU RTU RTU BX 0 86.72$ 461 BX Chemicals CH5 546100081 FACILIPRO CONCENTRATED NEUTRAL FLOOR CLEANER 1.3L - 2/CS ECOLAB INSTITUTIONAL DIVISION 6100081 512 256 128 CS 0 59.37$ 654 CS Chemicals CH6 5110362 APEX MANUAL DETERGENT 2/3# ECOLAB INSTITUTIONAL DIVISION 6110362 N/A N/A N/A CS 0 193.82$ 432 CS Chemicals CH7 546100300 FACILIPRO 93 CONCENTRATED ACID BATHROOM CLEANER GS 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100300 64 32 32 CS 0 64.81$ 575 CS Chemicals CH8 546100082 EID HI PERF UC NEUT FLR CLEANER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100082 512 256 128 CS 0 82.01$ 718 CS Chemicals CH9 1030400 WAXIE-GREEN SOLSTA 300 NON-ACID BATHROOM CLEANER GENLABS 055470403W 16 16 16 CS EA 4 52.51$ 529 CS Chemicals CH10 546100176 ECOLAB APEX SOLID QUAT BROAD RANGE SANITIZER 2/2 LBS ECOLAB INSTITUTIONAL DIVISION 6100176 N/A N/A N/A CS 0 166.37$ 318 CS Chemicals CH11 328077 DL ALPHA HP MULTI-SURFACE DISINFECT CLNR 1.5 L (CS OF 2) DIVERSEY INC 5549254 64 64 64 CS EA 2 53.82$ 453 CS Chemicals CH12 170401 WAXIE SOLSTA 710 MULTI-PURPOSE DISINFECTANT CLEANER 3L 4/CS GENLABS 051390403W 256 256 256 CS EA 4 115.54$ 197 CS Chemicals CH13 5413094 LEMON-EZE CREME CLEANSER QT 12/CS ECOLAB INSTITUTIONAL DIVISION 6113094 RTU RTU RTU CS 0 138.39$ 271 CS Chemicals CH14 516100185 EID SOLID POWER XL MACHINE WAREWASH DETERGENT 4/9LBS ECOLAB INSTITUTIONAL DIVISION 6100185 N/A N/A N/A CS 0 308.72$ 217 CS Chemicals CH15 170018 WAXIE GERMICIDAL ULTRA BLEACH GL 3/CS KIK INTERNATIONAL INC 11003428431 N/A N/A N/A CS GL 3 10.28$ 2,240 CS Chemicals CH16 160115 WAXIE-GREEN SOLSTA 330 FRESH MIST LIQUID MICROBES 3 L 4/CS WHOLE EARTH LABORATORIES INC WEFMS_CASE 64 64 64 CS EA 4 110.28$ 180 CS Chemicals CH17 326415 CREW BATHROOM CLEANER AND SCALE REMOVER 2X1.5 GL CC GS CERT DIVERSEY INC 95271230 18 18 18 CS 0 148.60$ 138 CS Chemicals CH18 170094 LAG CLOROX BLEACH LIQUID COMM SOLUT GERMICIDAL CONC 3/121 OZ NP&PC / ESSENDANT CO. CLO30966CT N/A N/A N/A CS EA 3 19.66$ 1,080 CS Chemicals CH19 321422 DL 5GL PRO STRIP ULTRA HEAVY DUTY FLOOR STRIPPER BIB DIVERSEY INC 95386176 10 4 4 BX 0 104.39$ 194 BX Chemicals CH20 160384 BREAKDOWN ENZYME ODOR ELIMINATOR 4X1 DIVERSEY INC 94291110 128 64 10 CS GL 4 75.70$ 224 CS Chemicals CH21 326414 DL CC PER DIEM GENERAL PURPOSE CLEANER 2X1.5GL DIVERSEY INC 94998832 256 256 256 CS 0 169.25$ 100 CS Chemicals CH22 934506 MONOSTAR PHAZER FINISH 2/2 GAL BAGS ECOLAB INSTITUTIONAL DIVISION 6195513 RTU RTU RTU CS 0 266.22$ 105 CS Chemicals CH23 931062 5GL AMPLIFY HIGH SOLIDS FLOOR FINISH DIVERSEY INC 5104714 RTU RTU RTU BX 0 108.40$ 170 BX Chemicals CH24 320101 WAXIE-GREEN SOLSTA 255 ALL- PURPOSE CLEANER 3L 4/CS GENLABS 052750403W 32 32 32 CS EA 4 76.82$ 179 CS Chemicals CH25 546100795 FACILIPRO 57 PEROXIDE MULTI SURFACE CLEANER & DISINF 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100795 32 21 21 CS 0 30.93$ 504 CS Chemicals CH26 5464895701 EID POLARIS PHAZER MULTI 25 FLOOR FINISH 2/2GL ECOLAB INSTITUTIONAL DIVISION 6195701 RTU RTU RTU CS 0 165.96$ 131 CS Chemicals CH27 5417708 2.5/GL OASIS 146 MULTI-QUAT SANITIZER ECOLAB INSTITUTIONAL DIVISION 6100536 N/A N/A N/A EA 0 216.75$ 214 EA Chemicals CH28 329130 CREW BATHROOM CLEANER AND SCALE REMOVER 2X2.5L J-FILL DIVERSEY INC 93172650 18 18 18 CS EA 2 71.57$ 172 CS Chemicals CH29 546100280 EID UC NEUTRAL BATHROOM CLEANER 2-1.3L ECOLAB INSTITUTIONAL DIVISION 6100280 128 64 32 CS 0 112.57$ 219 CS Chemicals CH30 546100295 EID ULTRA CONCENTRATED ACID BATHROOM CLEANER 2-1.3L ECOLAB INSTITUTIONAL DIVISION 6100295 64 32 32 CS 0 134.73$ 174 CS Chemicals CH31 328111 CREW BATHROOM CLEANER & SCALE REMOVER 2X1.5L RTD DIVERSEY INC 93145310 18 18 18 CS EA 2 51.36$ 264 CS Chemicals CH32 170261 WIPES PLUS DISINFECTING WIPES 800 COUNT - 3200 PER CASE PROGRESSIVE PRODUCTS LLC 37301 N/A N/A N/A CS 0 117.34$ 109 CS Chemicals CH33 1030350 KAIBLOOEY SHOWER AND RESTROOM CLEANER 4/GL KAIVAC INC KBLOOEY 32 32 32 CS 0 76.49$ 138 CS Chemicals CH34 5117063 APEX POWER 4/6.75# ECOLAB INSTITUTIONAL DIVISION 6117063 N/A N/A N/A CS 0 220.03$ 127 CS Chemicals CH35 410016 WAXIE BRK-AWAY FS CLEANER/ DEGREASER GL 4/CS GENLABS 052780401W 32 32 32 CS GL 4 51.60$ 218 CS Chemicals CH36 5414541 QC NEUTRAL DISINFECTANT CLEANER 2X1.3-LITER ECOLAB INSTITUTIONAL DIVISION 6114541 512 256 256 CS 0 79.16$ 365 CS Chemicals CH37 321528 DL PRO STRIP RTD SC HIGH EFFICIENCY FLOOR STRIPPER 1/5L DIVERSEY INC 95547312 20 15 13 EA 0 115.28$ 104 EA Chemicals CH38 5112971 5GL LIQUID PANTASTIC MANUAL WAREWASH DETERGENT ECOLAB INSTITUTIONAL DIVISION 6112971 N/A N/A N/A DM 0 242.60$ 129 DM Chemicals CH39 1090131 WAXIE BRITE-N-WHITE COMMERCIAL LAUNDRY BLEACH 25 LB BOX CUSTOM CHEMICAL FORMULATORS WAXIEE-005-025 N/A N/A N/A BX 0 22.76$ 451 BX Chemicals CH40 163500 FALCON CARTRIDGE SINGLE BOBRICK WASHROOM EQUIP FWFC-1 N/A N/A N/A EA 0 50.24$ 193 EA Chemicals CH41 410056 WAXIE-GREEN SOLSTA 143 CLEANER DEGREASER 3L 4/CS GENLABS 051040403W 64 64 64 CS EA 4 63.78$ 139 CS Chemicals CH42 1030451 PUMIE SCOURING STICK PUMICE BAR UNITED STATES PUMICE CO JAN-12 N/A N/A N/A BX EA 12 25.79$ 363 BX Chemicals CH43 546101039 EID QC 73 DISINFECTING ACID BATHROOM CLEANER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6101039 16 16 11 CS 0 77.76$ 124 CS Chemicals CH44 88LAGPGC84998 TIDE ULTRA LAUNDRY DETÿPOWDER W/BLCH ORIG 144 OZ BX 2/CS NP&PC / ESSENDANT CO. PGC84998CT N/A N/A N/A CS 0 53.10$ 151 CS Chemicals CH45 1404704 SPARTAN FLOORFRONT GS-40 4/GL SPARTAN CHEMICAL CO INC 404704 RTU RTU RTU CS 0 81.28$ 100 CS Chemicals CH46 5410126 GREASE EXPRESS FAST FOAM DEGREASER - 6/QT ECOLAB INSTITUTIONAL DIVISION 6110126 N/A N/A N/A CS 0 173.25$ 165 CS Chemicals CH47 546100391 FACILIPRO 53 CONCENTRATED MULTI PURPOSE DEGREASER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100391 128 32 11 CS 0 32.87$ 269 CS Chemicals CH48 161364 WAXIE WAVE 3D URINAL DEODORANT SCREEN COTTON BLOSS 10/BX 6BXCS FRESH PRODUCTS LLC 3WDS-P-06-AAG77 N/A N/A N/A CS BX 6 122.45$ 60 CS Chemicals CH49 325785 3M PEROXIDE CLEANER CONCENTRATE 34A 4/.5 GAL PER CS 3M COMPANY 50051125857920 100 100 100 CS EA 4 91.78$ 108 CS Chemicals CH50 1034009 SPARTAN RJ8 TILE-GROUT REJUVENATOR QRTS 12/CS SPARTAN CHEMICAL CO INC 711003 RTU RTU RTU CS QT 12 36.99$ 201 CS Chemicals CH51 162070 WAXIE-GREEN SPRING MINT PLUS LIQUID MICROBES CLNR QT 12/CS WHOLE EARTH LABORATORIES INC WESMQ_CASE 16 10 8 CS QT 12 52.75$ 135 CS Chemicals CH52 530584SA DAWN DISH SOAP 8/38-OZ NP&PC / ESSENDANT CO. PGC45112CT RTU RTU RTU CS EA 8 49.31$ 159 CS Chemicals CH53 1031510 WAXIE W-600 OVEN CLEANER QT 12/ CS GENLABS 020571232W RTU RTU RTU CS QT 12 46.75$ 150 CS Chemicals CH54 546100610 EID PEROXIDE 54 GLASS AND SURF. CLEANER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100610 128 64 32 CS EA 2 102.55$ 129 CS Chemicals CH55 1033401 COMET CREME DEODORIZING CLEANER 32 OZ 10/CS NP&PC / ESSENDANT CO. PGC73163 RTU RTU RTU CS EA 10 55.07$ 136 CS Chemicals CH56 530050 WAXIE SURE BRITE LAUNDRY DETERGENT 25 LB BOX CUSTOM CHEMICAL FORMULATORS WAXIEE-009-025 N/A N/A N/A BX 0 15.30$ 455 BX Chemicals CH57 870114 WAXIE LIMELITE LIME & SCALE REMOVER GL 4/CS GENLABS 020680401W 20 11.5 3 CS GL 4 56.84$ 116 CS Chemicals CH58 1030271 CREW TILE AND GROUT REJUVENATOR 12X1 QT DIVERSEY INC 100919352 RTU RTU RTU CS EA 12 40.49$ 170 CS Chemicals CH59 870021 WAXIE KNOCK OUT MILDEW STAIN RE MOVER QT 12/CS GENLABS 080701232W RTU RTU RTU CS QT 12 52.31$ 122 CS Chemicals CH60 323101 DL EMEREL PLUS CREME CLEANSER 12/QT DIVERSEY INC 94496138 RTU RTU RTU CS QT 12 70.73$ 105 CS Chemicals CH61 170700 WAXIE SOLSTA 764 LEMON QUAT DISINFECTANT CLEANER 3L 4/CS GENLABS 011320403W 64 64 64 CS EA 4 44.73$ 129 CS Chemicals CH62 870530 SPEEDBALL 2000 12 QUARTS/CASE DIVERSEY INC 95891164 RTU RTU RTU CS QT 12 50.79$ 114 CS Chemicals CH63 328102 DL MORNING MIST NEUTRAL DISINFECT CLNR 2.5 L (CS OF 2) DIVERSEY INC 5773934 64 64 64 CS 0 38.42$ 180 CS Chemicals CH64 546100710 EID FACILIPRO MILD FOAMING HAND SOAP 2/1250ML ECOLAB INSTITUTIONAL DIVISION 6100710 RTU RTU RTU CS 0 31.60$ 213 CS Chemicals CH65 1008404 SPARTAN EMF SHINELINE- 4X1 GL SPARTAN CHEMICAL CO INC 008404 64 32 12 CS GL 4 57.36$ 100 CS Chemicals CH66 170715 LYSOL SANITIZING WIPES CITRUS CITRUS SCENT -6X80 CT NP&PC / ESSENDANT CO. RAC77182CT N/A N/A N/A CS TB 6 38.24$ 157 CS Chemicals CH67 320007 WAXIE-GREEN SOLSTA 243 NEUTRAL CLEANER 3L 4/CS GENLABS 051030403W 128 128 128 CS EA 4 45.25$ 114 CS Chemicals CH68 546000064 EID TOTAL BODY SHAMPOO 6/750ML ECOLAB INSTITUTIONAL DIVISION 6000064 RTU RTU RTU CS 0 53.31$ 167 CS Chemicals CH69 1070324 WAXIE DEFOAMER FOAM DISSIPATOR GL 4/CS NILODOR INC NP&PC WS1070324 1280 1280 1280 CS GL 4 40.90$ 128 CS Chemicals CH70 870071 WAXIE KLEEN-BRITE RESTROOM CLEANER CHERRY QT 12/CS GENLABS 020741232W 4 4 4 CS QT 12 38.28$ 131 CS Chemicals CH71 320100 WAXIE SOLSTA 200 GENERAL PURPOSE CLEANER 3L 4/CS GENLABS 016800403W 32 32 32 CS EA 4 47.54$ 100 CS Chemicals CH72 410098 WAXIE SOLSTA 110 HEAVY DUTY DEGREASER 3L 4/CS GENLABS 019150403W 32 32 32 CS EA 4 43.63$ 105 CS Chemicals CH73 546100608 FACILIPRO 54 PEROXIDE GLASS & SURFACE CLEANER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100608 128 64 32 CS EA 2 29.00$ 173 CS Chemicals CH74 170752 CLOROX DISINFECTING WIPES FRESH SCENT 6/75 CT NP&PC / ESSENDANT CO. CLO15949CT N/A N/A N/A CS TB 6 35.91$ 119 CS Chemicals CH75 161990 WAXIE-GREEN ORANGE PLUS LIQUID MICROBES CLEANER QT 12/CS WHOLE EARTH LABORATORIES INC WEOPQ_CASE 16 12 8 CS QT 12 52.79$ 76 CS Chemicals CH76 170046 PURELL PROFESSIONAL SURFACE DISINFECTANT QT 6/CS GOJO INDUSTRIES INC 3342-06 RTU RTU RTU CS EA 6 29.01$ 138 CS Chemicals CH77 1032020 CBC PLUS BOWL CLEANER 61143699-QUARTS ECOLAB INSTITUTIONAL DIVISION 6100487 RTU RTU RTU CS QT 12 101.31$ 55 CS Chemicals CH78 1031552 BREAK-UP OVEN CLEANER 19 OZ AEROSOL 6/CS NP&PC / ESSENDANT CO. DVOCBD991206 RTU RTU RTU CS 0 39.33$ 101 CS Chemicals CH79 170110 CLOROX DISINFECTANT WIPES LEMON SCENT 6/75 NP&PC / ESSENDANT CO. CLO15948CT RTU RTU RTU CS TB 6 35.91$ 106 CS Item - 1F 20
Chemicals CH80 546100724 FACILIPRO HAND SANITIZER GEL 2/1200ML ECOLAB INSTITUTIONAL DIVISION 6100724 RTU RTU RTU CS 0 35.25$ 119 CS Chemicals CH81 5289990011 EID OASIS PRO ROLL IT CLEAN LINT ROLLER REFILL 12/CS ECOLAB INSTITUTIONAL DIVISION 89990011 N/A N/A N/A CS EA 12 37.91$ 103 CS Chemicals CH82 1030200 CREW CLINGING DISINFECTANT TOILET BOWL CLEANER 12X1 QT DIVERSEY INC 04578. RTU RTU RTU CS QT 12 30.93$ 100 CS Chemicals CH83 950131 WAXIE-GREEN GLASS/SURFACE CLEANER QT 8/CS W/2 SPRAYERS GENLABS 010560832W RTU RTU RTU CS QT 8 22.10$ 125 CS Chemicals CH84 1030310 WAXIE ENZYMATIC LUSTER CREME CLEANSER QT 12/CS GENLABS 016921232W RTU RTU RTU CS QT 12 43.28$ 59 CS Chemicals CH85 750321 WAXIE SELECT METAL BRITE STEEL STAINLESS MAINTAINER & POLISH AMREP INC 1039480 RTU RTU RTU CS EA 12 39.96$ 61 CS Chemicals CH86 1031531 WAXIE EASY OVEN CLEANER 19 OZ CAN 6/CS AMREP INC 1015792 RTU RTU RTU CS EA 6 24.09$ 101 CS Chemicals CH87 160115 WAXIE-GREEN SOLSTA 330 FRESH MIST LIQUID MICROBES 3 L 4/CS WHOLE EARTH LABORATORIES INC WEFMS_CASE 64 64 64 EA EA 4 27.57$ 62 EA Chemicals CH88 750321 WAXIE SELECT METAL BRITE STEEL STAINLESS MAINTAINER & POLISH AMREP INC 1039480 RTU RTU RTU EA EA 12 3.33$ 485 EA Chemicals CH89 180391 WAXIE SELECT MAGNET DUST MOP TREATMENT AMREP INC 1039483 RTU RTU RTU CS EA 12 46.25$ 27 CS Chemicals CH90 680007 HYGIEIA DUSTLESS BOARD CHALK 3-1/4 X 3/8 WHITE 12 EA/BX NP&PC / ESSENDANT CO. DIX31144 N/A N/A N/A BX 0 0.64$ 1,791 BX Chemicals CH91 161364 WAXIE WAVE 3D URINAL DEODORANT SCREEN COTTON BLOSS 10/BX 6BXCS FRESH PRODUCTS LLC 3WDS-P-06-AAG77 N/A N/A N/A BX BX 6 20.41$ 43 BX Chemicals CH92 180391 WAXIE SELECT MAGNET DUST MOP TREATMENT AMREP INC 1039483 RTU RTU RTU EA EA 12 3.85$ 158 EA Chemicals CH93 1030451 PUMIE SCOURING STICK PUMICE BAR UNITED STATES PUMICE CO JAN-12 N/A N/A N/A EA EA 12 2.15$ 276 EA Chemicals CH94 1030310 WAXIE ENZYMATIC LUSTER CREME CLEANSER QT 12/CS GENLABS 016921232W RTU RTU RTU QT QT 12 3.61$ 154 QT Chemicals CH95 325785 3M PEROXIDE CLEANER CONCENTRATE 34A 4/.5 GAL PER CS 3M COMPANY 50051125857920 100 100 100 EA EA 4 22.94$ 30 EA Chemicals CH96 160384 BREAKDOWN ENZYME ODOR ELIMINATOR 4X1 DIVERSEY INC 94291110 128 64 10 GL GL 4 18.93$ 27 GL Chemicals CH97 161990 WAXIE-GREEN ORANGE PLUS LIQUID MICROBES CLEANER QT 12/CS WHOLE EARTH LABORATORIES INC WEOPQ_CASE 16 12 8 QT QT 12 4.40$ 98 QT Chemicals CH98 1032020 CBC PLUS BOWL CLEANER 61143699-QUARTS ECOLAB INSTITUTIONAL DIVISION 6100487 RTU RTU RTU QT QT 12 8.44$ 54 QT Chemicals CH99 546100610 EID PEROXIDE 54 GLASS AND SURF. CLEANER 2/1.3L ECOLAB INSTITUTIONAL DIVISION 6100610 128 64 32 EA EA 2 51.28$ 5 EA Chemicals CH100 1070324 WAXIE DEFOAMER FOAM DISSIPATOR GL 4/CS NILODOR INC NP&PC WS1070324 1280 1280 1280 GL GL 4 10.22$ 10 GL Chemicals CH101 870114 WAXIE LIMELITE LIME & SCALE REMOVER GL 4/CS GENLABS 020680401W 20 11.5 3 GL GL 4 14.21$ 3 GL Chemicals CH102 320101 WAXIE-GREEN SOLSTA 255 ALL- PURPOSE CLEANER 3L 4/CS GENLABS 052750403W 32 32 32 EA EA 4 19.21$ 2 EA Chemicals CH103 870370 COMET CLEANER WITH BLEACH 8/32-OZ. PGC 02287 NP&PC / ESSENDANT CO. PGC02287CT N/A N/A N/A QT QT 8 7.27$ 5 QT Chemicals CH104 170401 WAXIE SOLSTA 710 MULTI-PURPOSE DISINFECTANT CLEANER 3L 4/CS GENLABS 051390403W 256 256 256 EA EA 4 28.88$ 1 EA Chemicals CH105 870530 SPEEDBALL 2000 12 QUARTS/CASE DIVERSEY INC 95891164 RTU RTU RTU QT QT 12 4.23$ 6 QT Chemicals CH106 320007 WAXIE-GREEN SOLSTA 243 NEUTRAL CLEANER 3L 4/CS GENLABS 051030403W 128 128 128 EA EA 4 11.31$ 2 EA Chemicals CH107 170046 PURELL PROFESSIONAL SURFACE DISINFECTANT QT 6/CS GOJO INDUSTRIES INC 3342-06 RTU RTU RTU EA EA 6 4.84$ 4 EA Chemicals CH108 1030400 WAXIE-GREEN SOLSTA 300 NON-ACID BATHROOM CLEANER GENLABS 055470403W 16 16 16 EA EA 4 13.13$ 1 EA LINERS
Category Record ID Item # Item Description Vendor Name MFI UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Liners L1 708413 HER 42X48 1.0 MIL BIOTUF COMPOSTABLE LINERS 100/CS HERITAGE BAG COMPANY Y8448YE R01 CS 0 99.20 $ 1,898 CS Liners L2 708433 HER 33X39 BIOTUF 0.9 MIL COMPOSTABLE LINERS 200/CS. HERITAGE BAG COMPANY Y6639TE R01 CS 0 113.60 $ 1,248 CS Liners L3 703085 WAXIE 40X46 2 MIL BLACK MAX LINER 100/CS HERITAGE BAG COMPANY W8046QKIX01 CS 0 31.92 $ 3,164 CS Liners L4 708190 HER 43X48 22 MIC BLACK CORELESS ROLL LINER 6X25 HERITAGE BAG COMPANY Z8648WKIR01 CS 0 25.77 $ 2,993 CS Liners L5 708414 34X48 BIOTUF 1.0 MIL COMPOSTABLE LINERS 100/CS HERITAGE BAG COMPANY Y6848YE R01 CS 0 80.00 $ 801 CS Liners L6 700014 40X46 1.5MIL LT GREEN TRASH BAG 100/CS HERITAGE BAG COMPANY H8046AE X01 CS 0 40.37 $ 1,737 CS Liners L7 702500 WAXIE 40X48 1.15 MIL CORELESS ROLL LINE CLEAR 10/15 (150/CS) HERITAGE BAG COMPANY W8048HCIR01 CS 0 34.20 $ 1,588 CS Liners L8 703530 WAXIE 40X48 1.15 MIL BLUE SUPER STAR FLAT PACK LINER 150/CS HERITAGE BAG COMPANY W8048HXI CS 0 36.04 $ 1,398 CS Liners L9 703084 WAXIE 40X46 1.5 MIL BLACK MAX LINER 100/CS HERITAGE BAG COMPANY W8046SKI CS 0 23.99 $ 1,872 CS Liners L10 702480 WAXIE 30X37 .75 MIL SUPER CLEAR CORELESS ROLL LINER 10/25 HERITAGE BAG COMPANY W6037MCIR01 CS 0 20.76 $ 1,830 CS Liners L11 704500 WAXIE 40X48 16 MIC NAT CORELESS ROLL LINER 10/25 (250/CS) HERITAGE BAG COMPANY Z8048VNIR01 CS 0 29.13 $ 1,359 CS Liners L12 709426 40X46 1.5 MIL BLUE LINER 125/CS HERITAGE BAG COMPANY W8046SX CS 0 40.52 $ 907 CS Liners L13 704534 WAXIE 33X40 16 MIC NAT CORELESS ROLL LINER 10/25 (250/CS) HERITAGE BAG COMPANY Z6640VNIR01 CS 0 20.49 $ 1,772 CS Liners L14 704544 WAXIE 40X48 22 MIC BLK CORELESS ROLL LINER 6/25 (150/CS) HERITAGE BAG COMPANY Z8048WKIR01 CS 0 24.03 $ 1,227 CS Liners L15 704730 WAXIE 33X40 13 MIC NAT CORELESS ROLL LINER 20/25 (500/CS) HERITAGE BAG COMPANY Z6640HNIR02 CS 0 32.52 $ 838 CS Liners L16 704515 WAXIE 24X33 8 MIC NAT CORELESS ROLL LINER 20/50 (1000/CS) HERITAGE BAG COMPANY Z4833LNIR01 CS 0 25.53 $ 998 CS Liners L17 705111 WAXIE-GREEN 24X31 .95 MIL BLACK ROLL LINER 20/25 500/CS HERITAGE BAG COMPANY L4831TKIRO1 CS 0 35.68 $ 741 CS Liners L18 700430 WAXIE MAXIE 30X37 1.5 MIL WHITE 30 GL FLAT PACK LINER 275/CS HERITAGE BAG COMPANY W6037SWI CS 0 44.71 $ 474 CS Liners L19 700470 WAXIE MAXIE 40X48 1.5 MIL WHITE 45 GL FLAT PACK LINER 150/CS HERITAGE BAG COMPANY W8048SWI CS 0 42.21 $ 564 CS Liners L20 708435 HER 30X39 BIOTUF 0.88 MIL COMPOSTABLE LINER 6/25 HERITAGE BAG COMPANY Y6039EE R01 CS 0 75.13 $ 314 CS Liners L21 708432 HER 24X32 BIOTUF 1.0 MIL COMPOSTABLE LINERS 200/CASE HERITAGE BAG COMPANY Y4832YER01 CS 0 75.73 $ 299 CS Liners L22 703570 WAXIE 42X48 1.15 MIL BLUE SUPER STAR FLAT PACK LINER 100/CS HERITAGE BAG COMPANY W8448HXI CS 0 25.27 $ 952 CS Liners L23 708434 HER 24X32 BIOTUF 0.88 MIL COMPOSTABLE LINER 8/25 HERITAGE BAG COMPANY Y4832EE R01 CS 0 65.79 $ 329 CS Liners L24 701102 WAXIE-GREEN 24X33 16 MIC NAT CORELESS RL LINER 10/25(250/CS) HERITAGE BAG COMPANY E4833VNIR01 CS 0 16.16 $ 1,287 CS Liners L25 709438 40X48 22 MIC CLEAR LINER 6/25/CS HERITAGE BAG COMPANY Z8048WNIR01 CS 0 24.03 $ 846 CS Liners L26 708437 HER 42X48 BIOTUF 0.80 MIL COMPOSTABLE LINER 5/25 HERITAGE BAG COMPANY Y8448EE R01 CS 0 98.05 $ 211 CS Liners L27 703155SA 38X47 1.6 MIL UCSD RED AUTOCLAVE LINER 100/CS PACIFIC MEDICAL SPECIALTIES AR16-3847/UCSD CS 0 94.67 $ 230 CS Liners L28 703510 WAXIE 32X42 1.15 MIL BLUE SUPER STAR FLAT PACK LINER 250/CS HERITAGE BAG COMPANY W6442HXI CS 0 42.08 $ 436 CS Liners L29 702520 WAXIE 42X48 1.15 MIL SUPER CLEAR CORELESS ROLL LINER 10/10 HERITAGE BAG COMPANY W8448HCIR01 CS 0 23.37 $ 535 CS Liners L30 704525 WAXIE 30X37 10 MIC NAT CORELESS ROLL LINER 20/25 (500/CS) HERITAGE BAG COMPANY Z6037MNIR01 CS 0 21.05 $ 765 CS Liners L31 702105 WAXIE 43X48 22 MIC STEEL-GRAY FLAT PACK LINER 150/CS HERITAGE BAG COMPANY Z8648WSI CS 0 27.17 $ 508 CS Liners L32 700170 WAXIE 24X32 .4 MIL BLACK TUFF N STRETCH LINER FLAT PK 1000/CS HERITAGE BAG COMPANY U4832RKI CS 0 30.92 $ 454 CS Liners L33 705113 WAXIE-GREEN 33X39 1.25 MIL BLACK ROLL LINER 10/10 100/CS HERITAGE BAG COMPANY L6639SKIR01 CS 0 20.13 $ 666 CS Liners L34 700026 30X37 LT. GREEN 0.75 MIL LINER 250/CS HERITAGE BAG COMPANY H6037EER01 CS 0 32.43 $ 537 CS Liners L35 709458 40X46 1.5 MIL CLEAR LINER 125/CS HERITAGE BAG COMPANY W8046SC CS 0 33.73 $ 388 CS Liners L36 705116 WAXIE-GREEN 40X46 1.25 MIL BLACK ROLL LINER 10/10 100/CS HERITAGE BAG COMPANY L8046SKIR01 CS 0 28.77 $ 428 CS Liners L37 703590 HER 33X40 22 MIC CLEAR LINER 250/CS HERITAGE BAG COMPANY Z6640UN R01 CS 0 28.01 $ 439 CS Liners L38 704510 WAXIE 24X24 6 MIC NAT CORELESS ROLL LINER 20/50 (1000/CS) HERITAGE BAG COMPANY Z4824RNIR01 CS 0 13.72 $ 841 CS Liners L39 708411 HER 30X39 1.2 MIL BIOTUF COMPOSTABLE LINERS 125/CS HERITAGE BAG COMPANY Y6039SE R01 CS 0 86.40 $ 128 CS Liners L40 704048 HER 40X46 1.2 MIL BLACK LINER ON ROLLS 100/CS HERITAGE BAG COMPANY X8046SK R01 CS 0 21.93 $ 631 CS Liners L41 703082 WAXIE 43X47 1.5 MIL BLACK MAX LINER 100/CS HERITAGE BAG COMPANY W8647SKI CS 0 26.33 $ 431 CS Liners L42 704541 40X48 18 MIC CORELESS ROLL LINER 200/CS HERITAGE BAG COMPANY Z8048YNIR01 CS 0 25.29 $ 388 CS Liners L43 702090 WAXIE 40X48 22 MIC STEEL-GRAY FLAT PACK LINER 150/CS HERITAGE BAG COMPANY Z8048WSI CS 0 25.33 $ 391 CS Liners L44 700230 WAXIE 40X46 .75 MIL BLACK TUFF N STRETCH FLAT PK LINER 250/CS HERITAGE BAG COMPANY W8046MKI CS 0 33.73 $ 296 CS Liners L45 704543 WAXIE 40X48 19 MIC BLK CORELESS ROLL LINER 8/25 (200/CS) HERITAGE BAG COMPANY Z8048EKIR01 CS 0 27.69 $ 369 CS Liners L46 704530 WAXIE 33X40 11 MIC NAT CORELESS ROLL LINER 20/25 (500/CS) HERITAGE BAG COMPANY Z6640MNIR03 CS 0 28.04 $ 351 CS Liners L47 702490 WAXIE 32X42 1.15 MIL SUPER CLEAR CORELESS ROLL LINER 10/25 HERITAGE BAG COMPANY W6442HCIR01 CS 0 38.53 $ 224 CS Liners L48 700032 WAXIE 30.5X43 14 MIC WHITE LINER 250/CS HERITAGE BAG COMPANY Z6043HWI CS 0 17.12 $ 485 CS Liners L49 709337 SA HER 51 X 61 CLEAR 1.25 MIL LINER 100/CS HERITAGE BAG COMPANY W0261TC CS 0 39.93 $ 174 CS Liners L50 705112 WAXIE-GREEN 33X39 1.0 MIL BLACK ROLL LINER 10/25 250/CS HERITAGE BAG COMPANY L6639TKIR01 CS 0 40.99 $ 204 CS Item - 1F 21
Liners L51 700005 33X44 1.3 MIL 32 GAL ACCUFIT LINER BLACK 5/20 HERITAGE BAG COMPANY H6644PK R01 CS 0 18.51$ 398 CS Liners L52 700096 24X23 .7 MIL CLEAR 8-10 GL LINER 1000 PER CASE HERITAGE BAG COMPANY D4823HC X01 CS 0 39.01$ 170 CS Liners L53 709040 WAXIE 24X33 6 MIC NAT CORELESS ROLL LINER 20/50 (1000/CS) HERITAGE BAG COMPANY Z4833RNIR01 CS 0 19.01$ 335 CS Liners L54 703079 WAXIE 36X58 1.5 MIL BLACK MAX LINER 100/CS HERITAGE BAG COMPANY W7258SKIX01 CS 0 27.24$ 221 CS Liners L55 700560 WAXIE 24X32 .6 MIL BUFF INSTITUTE FLAT PK LINER 500/CS HERITAGE BAG COMPANY W4832MTI CS 0 24.51$ 200 CS Liners L56 702475 24X32 .4 MIL SUPER CLEAR LINER CORELESS ROLL 10/50 500/CS HERITAGE BAG COMPANY H4832RCIR01 CS 0 15.37$ 359 CS Liners L57 700150 WAXIE 24X23 .4 MIL BLACK TUFF N STRETCH LINER FLAT PK 1000/CS HERITAGE BAG COMPANY U4823RKI CS 0 22.19$ 247 CS Liners L58 704513 WAXIE 24X24 8 MIC NAT CORELESS ROLL LINER 20/50 (1000/CS) HERITAGE BAG COMPANY Z4824LNIR01 CS 0 18.59$ 284 CS Liners L59 709082 24X32 .4 MIL CLEAR LINER 1000/CASE HERITAGE BAG COMPANY U4832RC CS 0 47.63$ 120 CS Liners L60 709334 WAXIE 51X48 1.5 MIL BLACK LINER 100/CS HERITAGE BAG COMPANY H1048ABI CS 0 35.92$ 132 CS Liners L61 703074 WAXIE 33X39 1.5 MIL BLACK MAX LINER 150/CS HERITAGE BAG COMPANY W6639SKIX02 CS 0 25.16$ 204 CS Liners L62 702529 33X39 1.5-MIL CLEAR LINER 250/CS HERITAGE BAG COMPANY W6639SC CS 0 47.19$ 105 CS Liners L63 704591 WAXIE 43X48 16 MIC NAT CORELESS ROLL LINER 8/25 (200/CS) HERITAGE BAG COMPANY Z8648VNIR01 CS 0 25.01$ 201 CS Liners L64 88HERH4831TXR01 24X31 0.95MILCORELESS ROLL BLUE 20/25 500/CS HERITAGE BAG COMPANY H4831TXR01 CS 0 51.64$ 119 CS Liners L65 700190 WAXIE 30X36 .5 MIL BLACK TUFF N STRETCH FLAT PK LINER 500/CS HERITAGE BAG COMPANY U6036LKI CS 0 26.40$ 131 CS Liners L66 700215 WAXIE 33X39 .8 MIL BLACK TUFF N STRETCH FLAT PK LINER 250/CS HERITAGE BAG COMPANY W6639MKI CS 0 26.59$ 166 CS Liners L67 703075 WAXIE 33X39 2 MIL BLACK MAX LINER 150/CS HERITAGE BAG COMPANY W6639QKI CS 0 33.51$ 113 CS Liners L68 704522 WAXIE 30X37 8 MIC NAT CORELESS LINER 20/25 (500/CS) HERITAGE BAG COMPANY Z6037LNIR01 CS 0 17.37$ 219 CS Liners L69 701100 WAXIE-GREEN 40X48 16 MIC NAT CORELESS RL LINER 6/25 (150/CS) HERITAGE BAG COMPANY E8048VNIR01 CS 0 20.40$ 153 CS Liners L70 704536 WAXIE 33X40 19 MIC BLK CORELESS ROLL LINER 10/25 HERITAGE BAG COMPANY Z6640EKIR01 CS 0 23.73$ 134 CS Liners L71 700550 WAXIE 24X23 .6 MIL BUFF INSTITUTE FLAT PK LINER 500/CS HERITAGE BAG COMPANY W4823MTI CS 0 17.51$ 153 CS Liners L72 701405 WAXIE 51X60 2 MIL LOW-DENSITY LINER 50/CS HERITAGE BAG COMPANY X0260QKI CS 0 32.11$ 100 CS Liners L73 704508 WAXIE 17X18 6 MIC NAT CORELESS ROLL LINER 40/50 (2000/CS) HERITAGE BAG COMPANY Z3418RNIR01 CS 0 14.65$ 156 CS Liners L74 702470 WAXIE 24X24 .40 MIL SUPER CLEAR CORELESS ROLL LINER 10/50 HERITAGE BAG COMPANY H4824RCIR01 CS 0 11.61$ 122 CS

EQUIPMENT AND DISPENSERS
Category Record ID Item # Item Description Vendor Name MFI UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Equipment & Dispensers ED1 574140 30563B BULK ROUND BELT - SANITAIRE 16-1919 BELT GRACO MANUFACTURING CO 8.660-088.0 EA 0 0.49 $ 2,075 EA Equipment & Dispensers ED2 574660 WIN 5300 PAPER FILTER BAGS OEM (FITS SENSOR & VSP VACS) 10/PK KARCHER FLOOR CARE 9.840-643.0 PK 0 14.34 $ 905 PK Equipment & Dispensers ED3 440623 05120 WYPALL L10 WINDSHIELD WIPERS BLUE - 16X140 KIMBERLY-CLARK CORPORATION 05120 CS 0 36.78 $ 905 CS Equipment & Dispensers ED4 820715 WAXED PAPER LINERS FOR WALL UNIT-250 PER CASE HOSPECO HS-6141 CS 0 12.47 $ 817 CS Equipment & Dispensers ED5 820765 WAXED KRAFT LINERS FOR WALL UNIT 500 PER CASE HOSPECO KL CS 0 16.03 $ 736 CS Equipment & Dispensers ED6 440631 20070-03 BRAWNY D400 TALL BOX DISPOSABLE WIPER WHITE 10/90 GEORGIA PACIFIC 20070/03 CS 0 90.00 $ 585 CS Equipment & Dispensers ED7 820720 WHITE METAL FLOOR RECEPTACLE HOSPECO 2201 EA 0 26.58 $ 484 EA Equipment & Dispensers ED8 440125 34256 KIMTECH SCIENCE KIMWIPES DELICATE TASK WIPERS - 15X140 KIMBERLY-CLARK CORPORATION 34256 CS BX 15 67.67 $ 327 CS Equipment & Dispensers ED9 822200 HSC NECESSITITES SANITARY NAPKN COURTESY DISPOSAL BAG 500CT HOSPECO HOTEL-500 CS 0 13.97 $ 300 CS Equipment & Dispensers ED10 573130 PROTEAM ANTIBAC MICRO FILTER BAG FOR SUPER COACHVAC 10/PK PROTEAM,INC. 100331 PK 0 10.66 $ 259 PK Equipment & Dispensers ED11 574657 WIN 2003 PAPER FILTER BAG OEM FITS VS14 & VS18 10/PK KARCHER FLOOR CARE 8.600-046.0 PK 0 10.53 $ 214 PK Equipment & Dispensers ED12 573160 PRO INTERCEPT MICRO FILTERS FOR QUARTER TAIL & PROVAC PROTEAM,INC. 100431 PK 0 8.16 $ 194 PK Equipment & Dispensers ED13 440110 34155 KIMTECH SCIENCE KIMWIPES DELICATE TASK WIPERS 60X280 KIMBERLY-CLARK CORPORATION 34155 CS 0 95.27 $ 189 CS Equipment & Dispensers ED14 440740 WAXIE 2925 DUSTCARE 24X24 CLEANING CLOTHS 4/50 HOSPECO 2925 CS PK 4 44.25 $ 169 CS Equipment & Dispensers ED15 820735 PAPER LINER FOR FLOOR RECEPTACLE - 500 PER CS HOSPECO 6802W CS 0 20.55 $ 165 CS Equipment & Dispensers ED16 578753 WIN SENSOR MICRO FILTER 5301ER KARCHER FLOOR CARE 8.600-522.0 EA 0 21.95 $ 164 EA Equipment & Dispensers ED17 573138 PRO SUPER COACH PRO 6 INTERCEPT MICRO FILTERS 10/PK PROTEAM,INC. 107314 PK 0 8.16 $ 153 PK Equipment & Dispensers ED18 574515 5290WI 15-IN SENSOR REPLCMENT BRUSH KARCHER FLOOR CARE 8.613-881.0 EA 0 35.93 $ 129 EA Equipment & Dispensers ED19 820750 WHITE METAL WALL MOUNT RECEPTACLE HOSPECO ND-1W EA 0 14.52 $ 125 EA Equipment & Dispensers ED20 580522 BAT 12-VOLT 18AH AGM BATTERY BATTERY SYSTEMS PS-12180NB EA 0 67.29 $ 116 EA Equipment & Dispensers ED21 573902 PROTEAM PROGEN 12/15 INTERCEPT MICRO FILTER BAGS 10/PK PROTEAM,INC. 107377 PK 0 8.36 $ 116 PK Equipment & Dispensers ED22 58EUR65297 P/O-M SANITAIRE STYLE MM 5/PK BISSELL INTER TRADING CO B.V. 65297 EA 0 4.04 $ 100 EA Item - 1F 22

HAND SOAPS AND SANITIZERS
Category Record ID Item # Item Description Vendor Name MFI UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Hand Soaps & Sanitizers HSS1 386310 WAXIE-GREEN CLEAN TOUCH CLEAR & MILD FOAM HNDWSH 1250 ML 3/CS GOJO INDUSTRIES INC 8811-03-BCE00YL CS 0 35.16$ 8,574 CS Hand Soaps & Sanitizers HSS2 385792 GOJO LTX TOUCH FREE FOAM HANDWASH POMEBERRY 2/1200ML GOJO INDUSTRIES INC 1916-02 CS 0 42.37$ 4,031 CS Hand Soaps & Sanitizers HSS3 389223 GOJO ADX-12 CLEAR & MILD FOAM HANDWASH NO FRAGR 3/1250ML GOJO INDUSTRIES INC 8811-03 CS 0 35.16$ 5,263 CS Hand Soaps & Sanitizers HSS4 386411 WAXIE-GREEN CLEAN TOUCH LX POMEBERRY HANDWASH 1200ML 2/CS GOJO INDUSTRIES INC 1916-02-BCE00YL CS 0 42.37$ 3,480 CS Hand Soaps & Sanitizers HSS5 546100870 EID FACILIPRO CONCENTRATED MILD FOAM HAND SOAP 2/1.3 L ECOLAB INSTITUTIONAL DIVISION 6100870 CS 0 248.24$ 384 CS Hand Soaps & Sanitizers HSS6 386311 WAXIE-GREEN CLEANTOUCH CITRUS GINGER FOAM HAND/SHOWER WASH 1 GOJO INDUSTRIES INC 8813-03-BCE00YL CS 0 43.69$ 1,089 CS Hand Soaps & Sanitizers HSS7 386410 WAXIE-GREEN CLEANTOUCH LX CLEAR & MILD FOAM HNDWSH 1200ML 2/CS GOJO INDUSTRIES INC 1911-02-BCE00YL CS 0 42.37$ 1,194 CS Hand Soaps & Sanitizers HSS8 387401 5263-02 GOJO LUXURY FOAM HAIR & BODY WASH - GENERIC KEY GOJO INDUSTRIES INC 5263-02 CS 0 46.07$ 1,041 CS Hand Soaps & Sanitizers HSS9 88STO32084 STOKO REFRESH DYE & FRAGRANCE FREE FOAM SOAP 6/800ML DEB USA LLC 32084 CS 0 65.84$ 364 CS Hand Soaps & Sanitizers HSS10 380137 WAXIE NICE TOUCH PINK JADE HAND SOAP 800 ML 12/CS GOJO INDUSTRIES INC 1678-12-BCE00 CS 0 36.47$ 481 CS Hand Soaps & Sanitizers HSS11 381817 PURELL ADVANCED FOAM HAND SANITIZER GREEN CERT 2/1200 ML GOJO INDUSTRIES INC 1904-02 CS 0 67.19$ 262 CS Hand Soaps & Sanitizers HSS12 546000144 EQUISOFT HAND SOAP ECOLAB INSTITUTIONAL DIVISION 6000144 CS 0 125.81$ 169 CS Hand Soaps & Sanitizers HSS13 546101089 ADV AB DIGI FOAM HAND 6X750 ECOLAB INSTITUTIONAL DIVISION 6101089 CS 0 187.09$ 151 CS Hand Soaps & Sanitizers HSS14 385672 GOJO PREMIUM FOAM HANDWASH & SKIN CONDITIONER 2/1200 ML GOJO INDUSTRIES INC 5361-02 CS 0 44.50$ 258 CS Hand Soaps & Sanitizers HSS15 380051 GOJO INVIGORATING CONDITIONING SHAMPOO & BODY WASH 2/2000ML GOJO INDUSTRIES INC 5292-02 CS 0 57.94$ 235 CS Hand Soaps & Sanitizers HSS16 381625 PURELL INSTANT HAND SANITIZER FOAM - TFX 2 X 1200 ML GOJO INDUSTRIES INC 5392-02 CS 0 63.86$ 180 CS Hand Soaps & Sanitizers HSS17 385679 WAXIE-GREEN FOAM HAND SOAP COUNTER MOUNT 1500ML - 2/CS GOJO INDUSTRIES INC 8565-02-BCE00YL CS 0 38.99$ 293 CS Hand Soaps & Sanitizers HSS18 385675 WAXIE CRANBERRY FOAM HAND SOAP COUNTER MOUNT 1500 ML 2/CS GOJO INDUSTRIES INC 8561-02-BCE00YL CS 0 37.86$ 258 CS Hand Soaps & Sanitizers HSS19 385880 WAXIE SELECT MANUAL GREEN CERTIFIED FOAM HANDSOAP 1.25L 3 GOJO INDUSTRIES INC 5165-03-BCE00YL CS 0 47.93$ 347 CS Hand Soaps & Sanitizers HSS20 385860 WAXIE ANTIBACTERIAL FOAM HAND SOAP 1250 ML 3/CS GOJO INDUSTRIES INC 5162-03-BCE00YL CS 0 47.63$ 163 CS Hand Soaps & Sanitizers HSS21 385630 WAXIE-GREEN TOUCHFREE FOAM HAND SOAP 1200ML - 2/CS GOJO INDUSTRIES INC 5665-02-BCE00YL CS 0 45.84$ 208 CS Hand Soaps & Sanitizers HSS22 385800 WAXIE CRANBERRY PINK FOAM LOTION HAND SOAP 2000 ML 2/CS GOJO INDUSTRIES INC 5261-02-BCE00YL CS 0 43.26$ 147 CS Hand Soaps & Sanitizers HSS23 385820 WAXIE FOAM HAND HAIR AND BODY WASH 2000 ML 2/CS GOJO INDUSTRIES INC 5263-02-BCE00YL CS 0 46.07$ 171 CS Hand Soaps & Sanitizers HSS24 389191 PROVON ULTRA MILD FOAM HANDWASH LTX 2/1200 ML GOJO INDUSTRIES INC 1943-02 CS 0 46.54$ 147 CS Hand Soaps & Sanitizers HSS25 386312 WAXIE-GREEN CLEAN TOUCH BOTANIC AL FOAM HANDWASH 1250 ML 3/CS GOJO INDUSTRIES INC 8816-03-BCE00YL CS 0 35.16$ 200 CS Hand Soaps & Sanitizers HSS26 380079 WAXIE SELECT NRG NO-TOUCH CLEAR & MILD FOAM HANDWASH 1.2L 2/CS GOJO INDUSTRIES INC 7640-02-BCE00YL CS 0 47.09$ 113 CS Hand Soaps & Sanitizers HSS27 381816 PURELL ADVANCED GREEN CERT HAND SANITIZER GEL 2/1200 ML GOJO INDUSTRIES INC 1903-02 CS 0 32.29$ 141 CS Hand Soaps & Sanitizers HSS28 383082 WAXIE FOAMING ENRICHED HAND SOAP W/W-FITMENT 1000 ML 4/CS KUTOL PRODUCTS CO INC 64131CM2 CS 0 34.81$ 105 CS Hand Soaps & Sanitizers HSS29 88ESNCPC26012EA P/O-W SOFTSOAP LIQ HAND SOAP W/ALOE 7.5-OZ BOTTLE NP&PC / ESSENDANT CO. CPC26012EA EA 0 2.00$ 300 EA Hand Soaps & Sanitizers HSS30 387404 WAXIE CRANBERRY COUNTER MOUNT FOAM HANDWASH 1.5L 4/CS GOJO INDUSTRIES INC 8561-04-BCE00YL CS 0 67.16$ CS

SUPPLIES
Category Record ID Item # Item Description Vendor Name MFI UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Supplies S1 2060430 WAXIE 204W LITTLE DIPPER TOILET BOWL MOP WHITE 12 IN IMPACT PRODUCTS INC 204W EA 0 0.87 $ 8,076 EA Supplies S2 890040 WAXIE TRIGGER SPRAYER FOR 24 OZ & 32 OZ SPRAY BOTTLE IMPACT PRODUCTS INC 5902W EA 0 0.58 $ 6,603 EA Supplies S3 890050 WAXIE SPRAY BOTTLE - 32OZ IMPACT PRODUCTS INC 890050 EA 0 0.89 $ 3,352 EA Supplies S4 730136 2956-73 DESKSIDE RECYCLING CONTAINER 28 QT BLUE RUBBERMAID COMMERCIAL PRODUCTS FG295673BLUE EA 0 5.41 $ 3,142 EA Supplies S5 2060440 3600 BIG DIPPER BOWL MOP IMPACT PRODUCTS INC 3600 EA 0 2.35 $ 2,630 EA Supplies S6 730082 RM 2950-73 WASTEBASKET RECYCLE SIDE BIN BLACK 13-5/8QT 12/CS RUBBERMAID COMMERCIAL PRODUCTS FG295073BLA CS EA 12 111.43 $ 162 CS Supplies S7 730082 RM 2950-73 WASTEBASKET RECYCLE SIDE BIN BLACK 13-5/8QT 12/CS RUBBERMAID COMMERCIAL PRODUCTS FG295073BLA EA EA 12 9.29 $ 2,345 EA Supplies S8 2060671 6310 RM TOILET BOWL BRUSH WHITE RUBBERMAID COMMERCIAL PRODUCTS FG631000WHT EA 0 2.03 $ 2,367 EA Supplies S9 2060670 GROUT AND CREVICE BRUSH RM 9B56 RUBBERMAID COMMERCIAL PRODUCTS FG9B5600BLA EA 0 1.21 $ 1,835 EA Supplies S10 290970 3410 SAFETY SCRAPER IMPACT PRODUCTS INC W3410 EA 0 1.70 $ 1,777 EA Supplies S11 2060560 STAINLESS STEEL WIRE TOOTHBRUSH STYLE DETAIL BRUSH GORDON BRUSH WISCONSIN LLC 578475 EA 0 1.16 $ 1,603 EA Supplies S12 655307 3M 55655W EASY TRAP 5X6 SWEEP AND DUST SHEETS 125 FT 2RL/CS 3M COMPANY 51125859202 CS 0 83.47 $ 1,288 CS Supplies S13 655305 3M 553654W EASY TRAP 8X6 SWEEP AND DUST SHEETS 125 FT 1 RL/CS 3M COMPANY 50051125859191 CS 0 64.64 $ 1,204 CS Supplies S14 2051291 WAXIE 54 IN PLASTIC ANGLED UPRIGHT BROOM WITH WOOD HANDLE PREMIER MOP & BROOM 60824 EA 0 7.16 $ 975 EA Supplies S15 890057 24 - 32 OZ FLIP TOP CAP IMPACT PRODUCTS INC 5024FS100-91 EA 0 0.38 $ 894 EA Supplies S16 350632 P/O-M MR. CLEAN MAGIC ERASER-6 4 EA/BX PGC 82027CT NP&PC / ESSENDANT CO. PGC82027CT CS BX 6 35.06 $ 874 CS Supplies S17 730118 2956 - 28 QT PLASTIC WASTE BASKET - BLACK RUBBERMAID COMMERCIAL PRODUCTS FG295600BLA EA 0 5.44 $ 841 EA Supplies S18 730110 2956 - 28 QT PLASTIC WASTE BASKET - BEIGE RUBBERMAID COMMERCIAL PRODUCTS FG295600BEIG EA 0 5.44 $ 821 EA Supplies S19 890045 WAXIE SPRAY BOTTLE - 24OZ IMPACT PRODUCTS INC 890045 EA 0 0.64 $ 784 EA Supplies S20 350474 WAXIE W74 MEDIUM DUTY SCRUBBING SPONGE 20/CS 3M COMPANY 48011181929 CS EA 20 19.00 $ 768 CS Supplies S21 890900KIT 32-OZ SPRAY BOTTLE WITH 22-32- OZ TRIGGER SPRAYER IMPACT PRODUCTS INC KT 0 1.20 $ 719 KT Supplies S22 350494 WAXIE W96 MEDIUM DUTY SCOURING PAD 20/CS 3M COMPANY 48011181905 CS EA 20 7.49 $ 715 CS Supplies S23 2060550 NYLON TOOTHBRUSH STYLE DETAIL BRUSH GORDON BRUSH WISCONSIN LLC 578485 EA 0 1.16 $ 701 EA Supplies S24 730028 3540-07 SLIM JIM VENTED RECYCLE BLUE 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354007BLUE CS EA 4 144.23 $ 59 CS Supplies S25 730028 3540-07 SLIM JIM VENTED RECYCLE BLUE 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354007BLUE EA EA 4 36.06 $ 599 EA Supplies S26 190070 2600 PLASTIC LOBBY DUSTPAN IMPACT PRODUCTS INC 2600W EA 0 7.99 $ 620 EA Supplies S27 180105 WAXIE BLUE POLYPROPYLENE ROUND DUSTER BRUSH (HEAD ONLY) CARLISLE FOODSERVICE PRODUCTS 363404WX14 EA 0 3.56 $ 619 EA Supplies S28 350484 WAXIE W86 HEAVY DUTY SCOURING PAD 15/CS 3M COMPANY 48011181912 CS EA 15 9.44 $ 525 CS Supplies S29 290910 3316 1-1/2IN STIFF PUTTY KNIFE IMPACT PRODUCTS INC 3316 EA 0 4.30 $ 500 EA Supplies S30 730029 3540-60 SLIM JIM VENTED GRAY 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354060GRAY CS EA 4 144.23 $ 50 CS Supplies S31 730029 3540-60 SLIM JIM VENTED GRAY 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354060GRAY EA EA 4 36.06 $ 412 EA Supplies S32 350360 3M 8541 DOODLEBUG BROWN PAD 5/BX 4BX/CS 3M COMPANY 50048011080043 BX BX 4 11.05 $ 23 BX Supplies S33 350360 3M 8541 DOODLEBUG BROWN PAD 5/BX 4BX/CS 3M COMPANY 50048011080043 CS BX 4 44.19 $ 431 CS Supplies S34 630060 3810 WAXIE HANDY BOX CUTTER IMPACT PRODUCTS INC W3810 EA 0 1.60 $ 450 EA Supplies S35 2050413 6375 RM UPRIGHT FLAGGED ANGLE BROOM-VINYL COATED METAL HANDLE RUBBERMAID COMMERCIAL PRODUCTS FG637500GRAY EA 0 11.70 $ 415 EA Supplies S36 350310 3M 6472 DOODLEBUG PAD HOLDER 4 PER CASE 3M COMPANY 50048011085420 CS EA 4 106.07 $ 291 CS Supplies S37 350310 3M 6472 DOODLEBUG PAD HOLDER 4 PER CASE 3M COMPANY 50048011085420 EA EA 4 26.52 $ 99 EA Supplies S38 180170 WAXIE #360 LAMBSWOOL DUSTER 30-59 IN LAMBSKIN SPECIALTIES 360-FLEX EA 0 7.10 $ 381 EA Supplies S39 292730 2617 - DIVIDED PAIL - 17 QT - GRAY RUBBERMAID COMMERCIAL PRODUCTS FG261700GRAY EA 0 21.60 $ 370 EA Supplies S40 2060565 GROUT LINE BRUSH CARLISLE FOODSERVICE PRODUCTS 365320WX00 EA 0 10.23 $ 332 EA Supplies S41 652324 Q412 18-IN MICROFIBER ROOM DUST MOP PAD - WHITE 12/CS RUBBERMAID COMMERCIAL PRODUCTS FGQ41200WH00 CS EA 12 108.86 $ 1 CS Supplies S42 652324 Q412 18-IN MICROFIBER ROOM DUST MOP PAD - WHITE 12/CS RUBBERMAID COMMERCIAL PRODUCTS FGQ41200WH00 EA EA 12 9.07 $ 318 EA Supplies S43 660361 6112-77 RM CAUTION WET FLOOR 25IN SIGN RUBBERMAID COMMERCIAL PRODUCTS FG611277YEL EA 0 11.74 $ 316 EA Supplies S44 770401 GREEN MICROFIBER TERRY CLOTH 16 X 16 IN 15 DZ PER CASE IMPACT PRODUCTS INC 770401 CS DZ 15 113.55 $ 181 CS Supplies S45 770401 GREEN MICROFIBER TERRY CLOTH 16 X 16 IN 15 DZ PER CASE IMPACT PRODUCTS INC 770401 DZ DZ 15 7.57 $ 126 DZ Supplies S46 650921 WAXIE #524 DISPOSABLE DUST MOP HEAD 12/CS PREMIER MOP & BROOM 52224 CS EA 12 59.49 $ 164 CS Item - 1F 23
Supplies S47 650921 WAXIE #524 DISPOSABLE DUST MOP HEAD 12/CS PREMIER MOP & BROOM 52224 EA EA 12 4.96 $ 132 EA Supplies S48 890870 KIT - 32-OZ WAXIE SPRAY BOTTLE WITH 22-32-OZ TRIGGER SPRAYER IMPACT PRODUCTS INC 932CG WITH 902BW9 KT 0 1.13 $ 292 KT Supplies S49 350177 3M SCOTCH-BRITE 74 MEDIUM DUTY SCRUBBING SPONGE - 20 PER CASE 3M COMPANY 50048011206887 CS 0 36.26 $ 291 CS Supplies S50 890047 6149 JUMBO TRIGGER SPRAYER IMPACT PRODUCTS INC 6149 EA 0 2.05 $ 283 EA Supplies S51 770400 BLUE MICROFIBER TERRY CLOTH 16 X 16 IN 15 DZ PER CASE IMPACT PRODUCTS INC 770400 CS DZ 15 113.55 $ 189 CS Supplies S52 770400 BLUE MICROFIBER TERRY CLOTH 16 X 16 IN 15 DZ PER CASE IMPACT PRODUCTS INC 770400 DZ DZ 15 7.57 $ 90 DZ Supplies S53 730013 RM 3540-60 SLIM JIM VENTED 23GL BLACK - 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354060BLA CS EA 4 135.83 $ 29 CS Supplies S54 730013 RM 3540-60 SLIM JIM VENTED 23GL BLACK - 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354060BLA EA EA 4 33.96 $ 232 EA Supplies S55 730114 2956-06 DESKSIDE RECYCLING CONTAINER 28 QT GREEN RUBBERMAID COMMERCIAL PRODUCTS FG295606GRN EA EA 12 5.41 $ 259 EA Supplies S56 260150 3M 20-IN BLACK THICK STRIP PAD #7200 3M COMPANY 50048011083822 CS EA 5 32.01 $ 259 CS Supplies S57 2051301 WAXIE 54 IN METAL HANDLE PLASTIC UPRIGHT BROOM PREMIER MOP & BROOM 60820 EA 0 6.84 $ 253 EA Supplies S58 730280 2543 - 28 QT UL WASTE BASKET - BEIGE RUBBERMAID COMMERCIAL PRODUCTS FG254300BEIG EA 0 40.97 $ 250 EA Supplies S59 2030931 9200 (C-20X) INDUSTRIAL PLUNGER IMPACT PRODUCTS INC 9200W EA 0 5.53 $ 243 EA Supplies S60 630007 7260 (D-61) RUBBER DOOR STOP IMPACT PRODUCTS INC 7260 EA 0 0.76 $ 242 EA Supplies S61 2060673 WAXIE IRON-STYLE MEDIUM-DUTY SCRUB BRUSH RUBBERMAID COMMERCIAL PRODUCTS FG648200COBLT EA 0 2.21 $ 239 EA Supplies S62 650350 WAXIE BLUE WONDER JANITOR MOP HEAD 12/CS PREMIER MOP & BROOM 11803 CS EA 12 107.83 $ 221 CS Supplies S63 650350 WAXIE BLUE WONDER JANITOR MOP HEAD 12/CS PREMIER MOP & BROOM 11803 EA EA 12 8.99 $ 11 EA Supplies S64 350630 STAINLESS STEEL SCOURING PAD 12 EA PER BX ACS INDUSTRIES 434BX BX EA 12 0.95 $ 227 BX Supplies S65 730770 2642 - BRUTE CADDY BAG - YELLOW RUBBERMAID COMMERCIAL PRODUCTS FG264200YEL EA 0 24.31 $ 222 EA Supplies S66 180115 WAXIE ALUMINUM EXTENSION HANDLE FOR ROUND DUSTER HEAD CARLISLE FOODSERVICE PRODUCTS 365450WX00 EA 0 2.63 $ 218 EA Supplies S67 2050911 WAXIE 60 IN WOOD THREAD BROOM HANDLE PREMIER MOP & BROOM 70103 EA 0 3.00 $ 217 EA Supplies S68 2050971 WAXIE 54 IN TAPERED BROOM HANDLE PREMIER MOP & BROOM 70009 EA 0 3.84 $ 215 EA Supplies S69 650701 H246 -GRIPPER CLAMP STYLE 60 IN MOP HANDLE - FIBERGLASS - GRAY RUBBERMAID COMMERCIAL PRODUCTS FGH24600GY00 EA 0 18.56 $ 212 EA Supplies S70 680005 CRAYOLA NONTOXIC ANTI-DUST CHALK-WHITE 12 STICKS/BX NP&PC / ESSENDANT CO. CYO501402 BX 0 0.70 $ 210 BX Supplies S71 730137 2957 41 QT PLASTIC WASTE BASKET GRAY RUBBERMAID COMMERCIAL PRODUCTS FG295700GRAY EA 0 8.21 $ 204 EA Supplies S72 350225 3M SCOTCH-BRITE 88 POT N PAN SCRUBBER - 10/BX - 4 BX PER CS 3M COMPANY 50048011082924 BX BX 4 10.75 $ 7 BX Supplies S73 350225 3M SCOTCH-BRITE 88 POT N PAN SCRUBBER - 10/BX - 4 BX PER CS 3M COMPANY 50048011082924 CS BX 4 43.01 $ 196 CS Supplies S74 730149 RM 2957 RECYCLE BLUE 41 QT WASTE BASKET 12/CS RUBBERMAID COMMERCIAL PRODUCTS FG295773BLUE EA 0 8.56 $ 202 EA Supplies S75 890040KIT 32-OZ BOTTLE & TRIGGER SPRAYER KIT IMPACT PRODUCTS INC 902BW9 & 932CG KT 0 1.20 $ 201 KT Supplies S76 652270 WAXIE LARGE GREEN SUPER LOOP MOP HEAD W/ GREEN HEADBAND PREMIER MOP & BROOM 12103 CS EA 12 107.83 $ 29 CS Supplies S77 652270 WAXIE LARGE GREEN SUPER LOOP MOP HEAD W/ GREEN HEADBAND PREMIER MOP & BROOM 12103 EA EA 12 8.99 $ 172 EA Supplies S78 350464 WAXIE W63 LIGHT DUTY SCRUBBING SPONGE 20/CS 3M COMPANY 48011181936 CS EA 20 19.00 $ 201 CS Supplies S79 233300 WAXIE URINAL MAT ORCHARD ZING GRAY 6/CS IMPACT PRODUCTS INC 1525W CS EA 6 36.12 $ 196 CS Supplies S80 791220 DURACELL PROCELL AA-CELL ALKALINE BATTERIES 24/CTN NP&PC / ESSENDANT CO. DURPC1500BKD CT 0 8.59 $ 195 CT Supplies S81 190100 LOBBY PRO UPRIGHT DUST PAN - BLACK RUBBERMAID COMMERCIAL PRODUCTS FG253100BLA EA 0 10.86 $ 193 EA Supplies S82 290915 3-IN STIFF PUTTY KNIFE IMPACT PRODUCTS INC 2238 EA 0 7.49 $ 186 EA Supplies S83 290980 3410B 100 BLADES FOR SAFETY SCRAPER IMPACT PRODUCTS INC 3410B BX 0 8.03 $ 184 BX Supplies S84 350195 3M SCOTCH-BRITE 96 MEDIUM DUTY SCOURING PAD - 20/BX - 3 BX/CS 3M COMPANY 50048011082931 BX BX 3 13.29 $ 90 BX Supplies S85 350195 3M SCOTCH-BRITE 96 MEDIUM DUTY SCOURING PAD - 20/BX - 3 BX/CS 3M COMPANY 50048011082931 CS BX 3 39.86 $ 93 CS Supplies S86 650931 WAXIE #536 DISPOSABLE DUST MOP HEAD 12/CS PREMIER MOP & BROOM 52236 CS EA 12 75.06 $ 98 CS Supplies S87 650931 WAXIE #536 DISPOSABLE DUST MOP HEAD 12/CS PREMIER MOP & BROOM 52236 EA EA 12 6.25 $ 84 EA Supplies S88 200004 SWIFFER DUSTER REFILLS PGC21459CT 4BX/CS NP&PC / ESSENDANT CO. PGC21459CT CS BX 4 35.43 $ 181 CS Supplies S89 650340 WAXIE BLUE WONDER MAID MOP HEAD 12/CS PREMIER MOP & BROOM 11802 CS EA 12 81.43 $ 141 CS Supplies S90 650340 WAXIE BLUE WONDER MAID MOP HEAD 12/CS PREMIER MOP & BROOM 11802 EA EA 12 6.79 $ 38 EA Supplies S91 630003 BIG FOOT DOOR STOP-BEIGE NP&PC / ESSENDANT CO. MAS00900 EA 0 4.44 $ 175 EA Supplies S92 791218 DURACELL PROCELL D-CELL ALKALINE BATTERIES 12/CTN NP&PC / ESSENDANT CO. DURPC1300 CT 0 12.67 $ 171 CT Supplies S93 2060260 8-IN HORSEHAIR BLEND COUNTER BRUSH CARLISLE FOODSERVICE PRODUCTS 36225WX03 EA 0 6.66 $ 168 EA Supplies S94 290120 BRASS SQUEEGEE HANDLE ETTORE PRODUCTS CO 1324 EA 0 5.26 $ 162 EA Supplies S95 350215 3M SCOTCH-BRITE 98 LIGHT DUTY SCOURING PAD - 20/BX - 3 BX/CS 3M COMPANY 50048011074455 BX BX 3 27.64 $ 127 BX Supplies S96 350215 3M SCOTCH-BRITE 98 LIGHT DUTY SCOURING PAD - 20/BX - 3 BX/CS 3M COMPANY 50048011074455 CS BX 3 82.91 $ 33 CS Supplies S97 660253 35 QT WAVEBRAKE 2.0 DOWN-PRESS COMBO YELLOW ST RUBBERMAID COMMERCIAL PRODUCTS FG757788YEL ST 0 100.76 $ 157 ST Supplies S98 652131 F137 RM SECO HOT PINK HOT MOP RUBBERMAID COMMERCIAL PRODUCTS FGF13700PINK CS EA 6 37.46 $ 72 CS Supplies S99 652131 F137 RM SECO HOT PINK HOT MOP RUBBERMAID COMMERCIAL PRODUCTS FGF13700PINK EA EA 6 6.24 $ 84 EA Supplies S100 652316 D252-06 RM SUPER STITCH BLEND- MEDIUM-GREEN RUBBERMAID COMMERCIAL PRODUCTS FGD25206GR00 CS EA 6 37.54 $ 8 CS Supplies S101 652316 D252-06 RM SUPER STITCH BLEND- MEDIUM-GREEN RUBBERMAID COMMERCIAL PRODUCTS FGD25206GR00 EA EA 6 6.26 $ 148 EA Supplies S102 2050931 WAXIE 60 IN METAL THREAD BROOM HANDLE PREMIER MOP & BROOM 70303 EA 0 3.97 $ 154 EA Supplies S103 180550 12IN FINNEY ERASER FINNEY COMPANY, INC. 12W DZ EA 12 159.66 $ 105 DZ Supplies S104 180550 12IN FINNEY ERASER FINNEY COMPANY, INC. 12W EA EA 12 13.30 $ 45 EA Supplies S105 2060115 5310 SWIVEL SCRUB BRUSH CARLISLE FOODSERVICE PRODUCTS 365310WX27 EA 0 25.63 $ 150 EA Supplies S106 650281 WAXIE LARGE WHITE SUPER LOOP MOP HEAD 12/CS PREMIER MOP & BROOM 11703 CS EA 12 101.31 $ 6 CS Supplies S107 650281 WAXIE LARGE WHITE SUPER LOOP MOP HEAD 12/CS PREMIER MOP & BROOM 11703 EA EA 12 8.44 $ 141 EA Supplies S108 290750 HEAVY DUTY 4-IN SCRAPER WITH 48-IN INCH HANDLE ETTORE PRODUCTS CO 2007 EA 0 13.49 $ 146 EA Supplies S109 730005 2673 - SLIM JIM SWING LID FOR 23 GL WASTE BASKET - GRAY RUBBERMAID COMMERCIAL PRODUCTS FG267360GRAY EA 0 33.86 $ 145 EA Supplies S110 791221 DURACELL PROCELL AAA-CELL ALKALINE BATTERIES 24/CTN NP&PC / ESSENDANT CO. DURPC2400BKD CT 0 8.59 $ 144 CT Supplies S111 890055 IMPACT 5032WG 32-OZ. PLAIN CLEAR BOTTLE WITH GRADUATIONS IMPACT PRODUCTS INC 5032WG EA 0 0.57 $ 144 EA Supplies S112 180160 WAXIE #312 LAMBSWOOL DUSTER 28 IN LAMBSKIN SPECIALTIES 312FH EA 0 3.46 $ 144 EA Supplies S113 791219 DURACELL PROCELL C-CELL ALKALINE BATTERIES 12/CTN NP&PC / ESSENDANT CO. DURPC1400 CT 0 9.17 $ 141 CT Supplies S114 290430 18-IN REFILL SQUEEGEE RUBBER ETTORE PRODUCTS CO 1427 EA 0 2.14 $ 141 EA Supplies S115 2050412 6374 RM LOBBY DUST PAN BROOM BLACK RUBBERMAID COMMERCIAL PRODUCTS FG637400BLA EA 0 4.59 $ 140 EA Supplies S116 652177 MICROFIBER TUBE MOPS-21OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652177 DZ EA 12 146.20 $ 18 DZ Supplies S117 652177 MICROFIBER TUBE MOPS-21OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652177 EA EA 12 12.18 $ 121 EA Supplies S118 350180 3M SCOTCH-BRITE 86 HEAVY DUTY SCOURING PADS - 12/BX - 3BX/CS 3M COMPANY 50048011055096 BX BX 3 21.05 $ 7 BX Supplies S119 350180 3M SCOTCH-BRITE 86 HEAVY DUTY SCOURING PADS - 12/BX - 3BX/CS 3M COMPANY 50048011055096 CS BX 3 63.14 $ 132 CS Supplies S120 890190 WAXIE 16 OZ MEASURING CUP IMPACT PRODUCTS INC 2416W EA 0 2.47 $ 136 EA Supplies S121 297012 2963 BRUTE BUCKET-ROUND-10 QT GRAY RUBBERMAID COMMERCIAL PRODUCTS FG296300GRAY EA 0 8.64 $ 136 EA Supplies S122 652156 MICROFIBER TUBE MOP-14OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652156 DZ EA 12 102.83 $ 87 DZ Supplies S123 652156 MICROFIBER TUBE MOP-14OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652156 EA EA 12 8.57 $ 48 EA Supplies S124 630005 BIG FOOT DOOR STOP-GRAY NP&PC / ESSENDANT CO. MAS00941 EA 0 4.44 $ 135 EA Supplies S125 260220 3M 20-IN BLACK HI-PRO PAD #7300 3M COMPANY 50048011082788 CS EA 5 59.73 $ 133 CS Supplies S126 730021 BLUE SLIM JIM SWING TOP RUBBERMAID COMMERCIAL PRODUCTS FG267360BLUE EA 0 43.67 $ 130 EA Supplies S127 290920 1-1/2IN FLEX PUTTY KNIFE IMPACT PRODUCTS INC 3317 EA 0 4.30 $ 129 EA Supplies S128 652171 F137 RM SECO LIME GREEN HOT MOP 24 OZ - 6/CS RUBBERMAID COMMERCIAL PRODUCTS FGF13700GR00 CS EA 6 37.46 $ 127 CS Supplies S129 180099 WAXIE 22 IN HIGH DUSTER WAND ONLY 48 EA/CS WIPER CENTRAL USA M700080 EA EA 48 9.87 $ 126 EA Item - 1F 24
Supplies S130 260850 3M 20-IN RED PAD #5100 3M 20-IN RED PAD #5100 3M COMPANY 50048011083952 CS EA 5 31.13$ 125 CS Supplies S131 730030 3540-07 SLIM JIM VENTED RECYCLE GREEN 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354007GRN CS EA 4 144.23$ 38 CS Supplies S132 730030 3540-07 SLIM JIM VENTED RECYCLE GREEN 23 GL 4 PER CASE RUBBERMAID COMMERCIAL PRODUCTS FG354007GRN EA EA 4 36.06$ 86 EA Supplies S133 180060 WAXIE 4603 23 IN FEATHER DUSTER WITH WOODEN HANDLE IMPACT PRODUCTS INC 4603W EA 0 7.74$ 124 EA Supplies S134 630010 #5 KEY-BAK WEST COAST CORPORATION 0005-011 EA 0 7.64$ 123 EA Supplies S135 651171 WAXIE 60 INCH WOOD SNAP-ON DUST HANDLE PREMIER MOP & BROOM 53302 EA 0 8.09$ 122 EA Supplies S136 297010 WIPE N DRY FLOOR SQUEEGEE BLACK MOSS DUAL RUBBER 22 IN ETTORE PRODUCTS CO 1636 EA 0 6.01$ 122 EA Supplies S137 652162 MICROFIBER TUBE MOP-18OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652162 DZ EA 12 121.60$ 83 DZ Supplies S138 652162 MICROFIBER TUBE MOP-18OZ-BLUE 1 DZ/CS IMPACT PRODUCTS INC 652162 EA EA 12 10.13$ 38 EA Supplies S139 890420 WATER NOZZLE 572TFR FISKARS BRANDS,INC 805722-1001 EA 0 6.71$ 120 EA Supplies S140 5492023329 EID 1250 ML BOTTLES WITH FOAM SPRAYERS 10/CS ECOLAB INSTITUTIONAL DIVISION 92023329 CS EA 10 10.71$ 98 CS Supplies S141 5492023329 EID 1250 ML BOTTLES WITH FOAM SPRAYERS 10/CS ECOLAB INSTITUTIONAL DIVISION 92023329 EA EA 10 1.07$ 22 EA Supplies S142 290260 14-IN STAINLESS STEEL WINDOW SQUEEGEE ETTORE PRODUCTS CO 1173 EA 0 4.74$ 118 EA Supplies S143 180190 3120 POLY WOOL EXTENDABLE DUSTER IMPACT PRODUCTS INC 3120W EA 0 8.32$ 118 EA Supplies S144 2051271 WAXIE 4 FT PLASTIC DUAL ANGLE UPRIGHT BROOM CARLISLE FOODSERVICE PRODUCTS 36884WX03 EA 0 10.54$ 110 EA Supplies S145 2051295 6385 RM BROOM BRUTE FLAGGED POLYPROPYL. RUBBERMAID COMMERCIAL PRODUCTS FG638500GRAY EA 0 17.20$ 109 EA Supplies S146 263620 3M 20-IN NATURAL BLEND TAN PADS #3500 3M COMPANY 50048011190087 CS EA 5 31.13$ 103 CS Supplies S147 730012 2673 - SLIM JIM SWING LID FOR 23 GL WASTE BASKET - BLACK RUBBERMAID COMMERCIAL PRODUCTS FG267360BLA EA 0 22.13$ 103 EA Supplies S148 2060220 8-IN NYLON UTILITY BRUSH CARLISLE FOODSERVICE PRODUCTS 36620WX00 EA 0 5.73$ 101 EA Supplies S149 770095 WAXIE 16X19 NEW WHITE BAR TOWELS 25 LBS WIPER CENTRAL USA FNWTT25N BX 0 75.21$ 100 BX Supplies S150 660385 WAXIE 9175W CLOSED FOR CLEANING SIGN 30"-44" (4-PIECE) IMPACT PRODUCTS INC 9175W EA 0 22.62$ 100 EA Supplies S151 650271 WAXIE MED WHITE SUPER LOOP MOP HEAD 12/CS PREMIER MOP & BROOM 11702 CS EA 12 73.89$ 4 CS Supplies S152 650271 WAXIE MED WHITE SUPER LOOP MOP HEAD 12/CS PREMIER MOP & BROOM 11702 EA EA 12 6.16$ 96 EA Supplies S153 2060720 DISH AND SINK BRUSH GORDON BRUSH WISCONSIN LLC 575060 EA 0 1.50$ 100 EA GLOVES
Category Record ID Item # Item Description Vendor Name MFI UOM UOM 2 UOM Conversion 1 YOUR PRICE CURRENT QTY YOUR UOM Gloves G1 791273 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK MED 10/100 IMPACT PRODUCTS INC 8649M BX BX 10 5.94$ 1,128 BX Gloves G2 791273 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK MED 10/100 IMPACT PRODUCTS INC 8649M CS BX 10 59.42$ 59 CS Gloves G3 791274 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK LARGE 10/100 IMPACT PRODUCTS INC 8649L BX BX 10 5.94$ 1,036 BX Gloves G4 791274 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK LARGE 10/100 IMPACT PRODUCTS INC 8649L CS BX 10 59.42$ 61 CS Gloves G5 791255 WAXIE SHIELD W8644M NITRILE PF GP GLOVES BLUE MEDIUM 10/100 IMPACT PRODUCTS INC 791255 BX BX 10 4.99$ 124 BX Gloves G6 791255 WAXIE SHIELD W8644M NITRILE PF GP GLOVES BLUE MEDIUM 10/100 IMPACT PRODUCTS INC 791255 CS BX 10 49.87$ 873 CS Gloves G7 791260 WAXIE SHIELD W8644L NITRILE PF GP GLOVES BLUE LARGE 10/100 IMPACT PRODUCTS INC 791260 BX BX 10 4.99$ 95 BX Gloves G8 791260 WAXIE SHIELD W8644L NITRILE PF GP GLOVES BLUE LARGE 10/100 IMPACT PRODUCTS INC 791260 CS BX 10 49.87$ 894 CS Gloves G9 790071 WAXIE SHIELD W8645M NITRILE PF EXAM GLOVES BLUE MED 10/100 IMPACT PRODUCTS INC 790071 BX BX 10 5.54$ 102 BX Gloves G10 790071 WAXIE SHIELD W8645M NITRILE PF EXAM GLOVES BLUE MED 10/100 IMPACT PRODUCTS INC 790071 CS BX 10 55.40$ 745 CS Gloves G11 791265 WAXIE SHIELD W8644XL NITRILE PF GP GLOVES BLUE EX-LG 10/100 IMPACT PRODUCTS INC 791265 BX BX 10 4.99$ 70 BX Gloves G12 791265 WAXIE SHIELD W8644XL NITRILE PF GP GLOVES BLUE EX-LG 10/100 IMPACT PRODUCTS INC 791265 CS BX 10 49.87$ 504 CS Gloves G13 791275 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK X-LG 10/100 IMPACT PRODUCTS INC 8649XL BX BX 10 5.94$ 527 BX Gloves G14 791275 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK X-LG 10/100 IMPACT PRODUCTS INC 8649XL CS BX 10 59.42$ 43 CS Gloves G15 790069 WAXIE SHIELD W8645L NITRILE PF EXAM GLOVES BLUE LG 10/100 IMPACT PRODUCTS INC 790069 BX BX 10 5.54$ 43 BX Gloves G16 790069 WAXIE SHIELD W8645L NITRILE PF EXAM GLOVES BLUE LG 10/100 IMPACT PRODUCTS INC 790069 CS BX 10 55.40$ 509 CS Gloves G17 790209 WAXIE W8217 FLOCKED LINED GREEN NITRILE GLOVES MEDIUM IMPACT PRODUCTS INC 790209 DZ PR 12 1.35$ 493 DZ Gloves G18 790210 WAXIE W8217 FLOCKED LINED GREEN NITRILE GLOVES LARGE IMPACT PRODUCTS INC 790210 DZ PR 12 16.19$ 273 DZ Gloves G19 790210 WAXIE W8217 FLOCKED LINED GREEN NITRILE GLOVES LARGE IMPACT PRODUCTS INC 790210 PR PR 12 1.35$ 24 PR Gloves G20 791250 WAXIE SHIELD W8644S NITRILE PF GP GLOVES BLUE SMALL 10/100 IMPACT PRODUCTS INC 791250 CS BX 10 49.87$ 290 CS Gloves G21 790208 WAXIE W8217 FLOCKED LINED GREEN NITRILE GLOVES SMALL IMPACT PRODUCTS INC 790208 DZ PR 12 1.35$ 269 DZ Gloves G22 790073 WAXIE SHIELD W8645XL NITRILE PF EXAM GLOVES BLUE XL 10/100 IMPACT PRODUCTS INC 790073 BX BX 10 5.54$ 26 BX Gloves G23 790073 WAXIE SHIELD W8645XL NITRILE PF EXAM GLOVES BLUE XL 10/100 IMPACT PRODUCTS INC 790073 CS BX 10 55.40$ 245 CS Gloves G24 791272 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK SMALL 10/100 IMPACT PRODUCTS INC 8649S BX BX 10 5.94$ 225 BX Gloves G25 791272 IMP 8649 NITRILE POWDER FREE EXAM GLOVES BLACK SMALL 10/100 IMPACT PRODUCTS INC 8649S CS BX 10 59.42$ 17 CS Gloves G26 790072 WAXIE SHIELD W8645S NITRILE PF EXAM GLOVES BLUE SMALL 10/100 IMPACT PRODUCTS INC 790072 BX BX 10 5.54$ 21 BX Gloves G27 790072 WAXIE SHIELD W8645S NITRILE PF EXAM GLOVES BLUE SMALL 10/100 IMPACT PRODUCTS INC 790072 CS BX 10 55.40$ 198 CS Gloves G28 790381 WAXIE SHIELD W8642M NITRILE PF GP GLOVES BLACK MEDIUM 10/100 IMPACT PRODUCTS INC 790381 BX BX 10 4.99$ 21 BX Gloves G29 790381 WAXIE SHIELD W8642M NITRILE PF GP GLOVES BLACK MEDIUM 10/100 IMPACT PRODUCTS INC 790381 CS BX 10 49.87$ 177 CS Gloves G30 790235 WAXIE W8118 NATURAL LATEX GLOVES MEDIUM IMPACT PRODUCTS INC 790235 DZ PR 12 1.03$ 182 DZ Gloves G31 790382 WAXIE SHIELD W8642L NITRILE PF GP GLOVES BLACK LARGE 10/100 IMPACT PRODUCTS INC 790382 BX BX 10 4.99$ 45 BX Gloves G32 790382 WAXIE SHIELD W8642L NITRILE PF GP GLOVES BLACK LARGE 10/100 IMPACT PRODUCTS INC 790382 CS BX 10 49.87$ 128 CS Gloves G33 790141 SA IMP 8118 SMALL UNLINED LATEX GLOVES USDA APPROVED IMPACT PRODUCTS INC 8118S DZ 0 12.30$ 128 DZ

CATEGORY DISCOUNT
CATEGORY DISCOUNT %
Paper 50
Chemicals 25
Liners 50
Equipment & Dispensers 10
Hand Soaps & Sanitizers 25
Supplies 25
Gloves 40
Other 10
Item - 1F 25
Revised 2.9.22
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item - 1F 26
Revised 2.9.22 Page 16 of 55

INSURANCE

Contractor shall procure and m aintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agre ement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Ag reement, incl uding any e xtensions. Such insuranc e shall not be ca ncelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and design ating the City, its elected offic ials, o fficers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prio r to commencement of services. The procuring of such insurance and the d elivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount of insuranc e r equired under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dolla rs ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insuranc e with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liabili ty (errors and omissions) insurance with limits of at least one million d ollars ($1,000,000.00) per occurr ence an d two million dol lars ($2,000,000) annual aggregate is:
_________ required
_________ is not required;

4. Workers’ Compensation insurance in th e statutory amount as required by the State of California and Employer’s Liability Insurance with limits o f a t le ast on e mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agr eement, Contractor’s insurance coverage shall be primary with resp ect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, o fficers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation a nd Employer’s Liability Insurance only, the insurer shall waive all right s of subrogation and X
Item - 1F 27
Revised 2.9.22
contribution it may have against Cit y, its elected officials, officers, employ ees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omission s Insurance is required, and if Contractor provides claims made profes sional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) t o maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evide nce to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement sha ll be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M . Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with b oth certificates of insurance and endorsements, inc luding additional insured endor sements, affecting all of the coverages required by this Agreement. The certificates and endorsement s are to be signed by a person authorized by that insurer to bind coverag e on its behalf. All proof of in surance is to be received and approved by the Cit y before work com mences. City reserves the right to require Contractor’s insurers to provide complet e, certified copies of all required insurance policies at any time. Additional insured endorsements are n ot required f or Er rors a nd Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved Genera l and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Cove rage with an approved Add itional Insured E ndorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is pri mary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuin g company will mail 30 days writt en notice to the C ertificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or li ability of any kind upon the company, its agents or representative" is no t acceptable and must be crossed out.

Item - 1F 28
Revised 2.9.22
D. Both the Workers’ Compensation and Emplo yers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elec ted officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the Ci ty of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received an d approved by the City before work commences. All certificates of insura nce must be authorized by a perso n w ith authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles a nd S elf-Insured Retentions. Any deductibles o r self -insured retentions must be declared to and approved by the City prior to commencing any work o r services under this Agreement. At the option of the City, either (1) t he insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administra tion, a nd def ense expenses.

Certificates of Insur ance must include evidence of the amount of any deductible or self -insured retention under the policy . Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability of Inter ests (S eparation o f Insu reds). This insurance ap plies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item - 1F 29
Revised 2.9.22
Exhibit D

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS
Provision
Reference Provision Description Page No.

FAA - 01 Access to Records and Reports 18
FAA - 02 Affirmative Action Requirement * 19
FAA – 03 Breach of Contract 20
FAA – 04 Buy American Preferences * 21
FAA – 05 Civil Rights General 22
FAA – 06 Civil Rights – Title VI Assurances * 23
FAA – 07 Clean Air/Water Pollution Control 26
FAA – 08 Contract Work Hours and Safety Standards 27
FAA – 09 Copeland Anti-Kickback 28
FAA – 10 Davis Bacon Requirements 29
FAA – 11 Debarment and Suspension * 30
FAA – 12 Disadvantaged Business Enterprise * 31
FAA – 13 Distracted Driving 32
FAA – 14 Energy Conservation Requirements 33
FAA – 15 Drug Free Workplace (not applicable to Contractors) 34 FAA – 16 Equal Employment Opportunity 35
FAA – 17 Federal Fair Labor Standards Act * 42
FAA – 18 Lobbying Federal Employees 43
FAA – 19 Prohibition of Segregated Facilities 44
FAA – 20 Occupational Safety and Health Act 45
FAA - 21 Procurement of Recovered Materials 46
FAA – 22 Rights to Inventions 47
FAA – 23 Seismic Safety 48
FAA – 24 Tax Delinquency and Felony Conviction 49
FAA – 25 Termination of Contract 50
FAA – 26 Trade Restriction (Foreign) * 51
FAA – 27 Veteran’s Preference 53
*Solicitation Clause also
Item - 1F 30
Revised 2.9.22
FAA - 01 Access to Records and Reports
The Supplier must maintain an acceptable cost accounting system. The Supplier agrees to provide the City, the Federal Aviation Administration and the Comptro ller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Supplier which are directly pert inent to the specific contract for the purpose of making audit, examination, excerpt s and transcriptions. The Supplier agrees to maintain all books, records and reports required under this c ontract 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 - 1F 31
Revised 2.9.22
FAA - 02 Affirmative Action Requirement
Not applicable.

Item - 1F 32
Revised 2.9.22
FAA – 03 Breach of Contract
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item - 1F 33
Revised 2.9.22
FAA – 04 Buy American Preferences
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured go ods used on AIP projects be produ ced in the United States. Specific Buy American r equirements 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 - 1F 34
Revised 2.9.22
FAA – 05 Civil Rights General
The Supplier agrees to comply with pertinent statutes, Execu tive Orders and s uch 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 assistance.

This provision binds the Supplier and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that require d by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item - 1F 35
Revised 2.9.22
FAA – 06 Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Supplier, for itself, its assignees, and succ essors in interest (hereinafter referred to as the “Supplier”), agrees as follows:

1. Compliance wi th Regulations: The Supplier (hereinafter includes consultants) will comply with th e Title VI List of Pertinent Nondiscrimination Acts and Authorities, as t hey may be amended from time to time, which are herein incorporated by reference a nd made a part of this contract.

2. Nondiscrimination: The Supplier, with regard to the work perform ed by it during the contract, will not discriminate on the grounds of rac e, color, or national origin in t he selection and retention of subcontractors, inc luding procurements of materials and leases of equipment. The Supplier will not par ticipate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including e mployment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcon tracts, including Procurements of Materials and Equipment:

In all solici tations, either by competitive bi dding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials, or lease s of equipment, each potential subcontractor or supplier will be notified by the Supplier of the Supplier’s obligations und er this contract and the Nondiscrimination Acts a nd Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Supplier 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 Nond iscrimination Acts and Authorities and instructio ns.

Where any in formation required of a contractor is in the exclusive possession o f another who fails or refuses to furnish the information, the Supplier will so certify to the sponsor or the Federal Aviat ion Administration, as appropriate, and will set forth what effort s it has made to obtain the information.

5. Sanctions for Noncompli ance: In the eve nt of a Supplier’s noncompliance with the non - discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Fede ral Aviation Admi nistration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Supplier under the contract until the Supplier complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

Item - 1F 36
Revised 2.9.22

6. Incorporation of Provisions: The Supplier will include the provisions of p aragraphs one through six in every subcontract, including procurements of materials and le ases of equipment, unless exempt by the Acts, the Regulations, and directives issu ed pursuant thereto. The Supplier 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, th at if the Supplier becomes involved in, or is threatened with litigation by a subcon tractor, or suppl ier because of such direction, the Supplier may request the sponsor to en ter into any litigation to protec t t he interests of the sponsor. In addition, the Supplier may 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 perform ance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter referred to as the “ Supplier”) 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 pa rt 21 (Non -discrimination in Fede rally-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 p ersons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Ac t 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 19 75, 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 Ac t of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the def inition of the ter ms “programs or activities” to include all of the programs or activities of the Fede ral-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operat ion of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC Item - 1F 37
Revised 2.9.22
§§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Feder al 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 progr ams, policies, and activities with disproportion ately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Lim ited English Proficiency, and res ulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance wit h Title VI, you must take reasonable steps to ensure that LEP persons hav e 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 - 1F 38
Revised 2.9.22
FAA – 07 Clean Air/Water Pollution Control
If the Agreement ex ceeds $150,000, Supplier agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740 -7671q) an d the Federal Water Pollution Control Act as amended (33 USC § 1251 -1387). The Supplier agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Supplier must include this requirement in all subcontracts that exceeds $150,000.

Reference: 2 CFR § 200, Appendix II(G)
Item - 1F 39
Revised 2.9.22
FAA – 08 Contract Work Hours and Safety Standards
Not applicable.

Item - 1F 40
Revised 2.9.22
FAA – 09 Copeland Anti-Kickback
Not applicable.

Item - 1F 41
Revised 2.9.22
FAA – 10 Davis Bacon Requirements
Not applicable.

Item - 1F 42
Revised 2.9.22
FAA – 11 Debarment and Suspension
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Supplier 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 Supplier, 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 d isqualified from participation in this federally assisted project. The Supplier 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 O fferer /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 tr ansaction, the FAA may pursue any availab le 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 - 1F 43
Revised 2.9.22
FAA – 12 Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Supplier or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Supplier shall carry out applicable requirements of 49 CFR part 26 in the award and administ ration of Department of Transportation -assisted contracts. Failure by the Supplier to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City 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 Supplier from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment th e prime contractor receives from [the City]. The prime contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause fo llowing written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Reference: 49 CFR part 26
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FAA – 13 Distracted Driving

TEXTING WHEN DRIVING
In accordance wi th Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Tex t Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce 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 City encourages the Supplier to promote policies 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 Supplier must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehi cle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
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FAA – 14 Energy Conservation Requirements
Supplier 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)
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FAA – 15 Drug Free Workplace Requirements
The Drug -Free Work place Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide d rug-free workplace s 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)
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FAA – 16 Equal Employment Opportunity
A16.3.1 EEO Contract Clause
During the performance of this contract, the Supplier agrees as follows:
(1) The Supplier will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action sh all include, but not be limited to, t he 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 apprenticesh ip. The Supplier agrees to post in co nspicuous places, available to employees and applicants for employment, notices to be provi ded setting forth the provisions of this nondiscrimination clause.
(2) The Supplier will, in all solicitations or advertisements for employees placed by or on behalf of the Supplier, state that all qualified applicants will receive considerations for emplo yment without regard to race, color, religion, sex, or national origin. (3) The Supplier will send to each labor union or repres entative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provi ded advising the said labor union or workers’ representatives of the Supplier’s commitments under this section and shall post co pies of the notice in conspicuous pla ces available to employees and applicants for employment.
(4) The Supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, reco rds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Supplier’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Supplier will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order Item - 1F 48
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unless exempted by rules, regulations, or orders of t he Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with res pect to any subcontract or purchase o rder as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, l itigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS

1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance P rograms (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Bla ck African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South A merican, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiab le triba l affiliations through membership and participation or community identification).

2. Whenever the Supplier, or any subco ntractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each s ubcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for mi nority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Supplier is pa rticipating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including Item - 1F 49
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goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contrac tors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each con tractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overal l good f aith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Supplier shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employmen t and training of minority and female utilization the Supplier should reasonably be able to achieve in each construction trade in whi ch it has employees in the covered area. Covered construction contractors performing construction work in a geographical ar ea where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.

Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Supplier has a collective bargaining agreement to refer either minorities or women shall excuse the Supplier’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commitment to employ the apprentices and trai nees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be train ed pu rsuant to training programs approved by the U.S. Department of Labor.

7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity.

The evaluation of the Supplier’s compliance with these specifications shall be base d upon its effort to achieve maximum results from its actions. The Supplier shall document these efforts fully and shall implement a ffirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of haras sment, intimidation, and coercion at all sites, and in all facilities at which the Supplier’s employees are assigned to work. The Supplier, where possible, will assign two or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite Item - 1F 50
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supervisory personnel are aware of and carry out the Supplier’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to mi nority and female recruitment sources and to community organizations when the Supplier or its unions have employment opport unities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and tel ephone numbers of each minority and female off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sen t to the union hiring hall for referral and was not referred back to the Supplier by the union or, if referred, not employe d by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier, or when the Supplier has other information that the union referral process has impeded the Supplier’s efforts to meet its obligations. e. D evelop on -the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Supplier’s employment need s, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Supplier’s EEO policy by providing notice of the policy to unions a nd training programs and requesting their cooperation in assisting the Supplier in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by sp ecific review of the policy with all management personnel and with all minority and female employees at least once a year; and by pos ting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including s pecific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of the se meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Supplier’s EEO po licy externally by including it in any advertising in the news media, specifically including minority and female news media , and providing written Item - 1F 51
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notification to and discussing the Supplier’s EEO policy with other contractors and subcontractors with whom the Supplier does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fem ale, and community organizations, to schools with minority and female students; and to minority and female recruitment and training o rganizations serving the Supplier’s recruitment area and employment needs. Not later than one month prior to the date for the a cceptance of applications for apprenticeship or other training by any recruitment source, the Supplier shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotion al opportu nities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discrim inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female c onstruction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Supplier’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associa tions, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and par ticipant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided t hat the Supplier actively participates in the group, makes every effort to assure that the group has a positive impact on the em ployment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Supplier’s minori ty and female workforce participation, makes a good faith effort to meet its individual goals and Item - 1F 52
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timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Supplier. The obligation to comply , however, is the Supplier’s and failure of such a group to fulfill an obligation shall not be a defense for the Supplier’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established.

The Supplier, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in vio lation of the Executive Order if a specific minority group of women is underutilized.

10. The Supplier shall not use the goals and timeta bles or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The Supplier shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Supplier shall carry out such sanctions and penalties for violation of these specifica tions and of the Equal Opportunity Clause, includin g suspension, termination, and cancellation of existing subcontracts as may b e imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal C ontract Compliance Programs. Any contractor who fai ls to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Supplier, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Supplier fails to comply with the requirements of the Executive Or der, the implementing regulations, or these specifications, the Director shal l proceed in accordance with 41 CFR part 60-4.8.

14. The Supplier shall designate a responsible official to monitor all employm ent related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions he reof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, add ress, telephone number, construction trade, union a ffiliation if any, employee identification number when assigned, social secur ity number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worke d per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the ap plication of other laws which establish different standards of compliance or upon the application of requirements Item - 1F 53
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for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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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 c hild labor standards for full and part -time workers.

The Supplier has full responsibility to monitor compliance to the referenced statute or regulation.

The Supplier 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
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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 ha s not used Federal appropriated fund s to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal cont ract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobby ing with non -Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, t he bidder or offeror certifies by signing an d submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influenci ng or attempting to influence an off icer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, th e making of any Federal loan, the en tering into of any cooperative agreement, and the extension, continuation, renewal, amendmen t, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agen cy, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fed eral contract, grant, loan, or coope rative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. • The undersigned shall require that the language of this certificat ion be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
Not applicable.

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FAA – 20 Occupational Safety and Health Act
All contracts and subcontracts that result from t his solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in ful l text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physi cal harm to the employee. The emp loyer retains full responsibility to monitor its compliance and their subcontractor’s complianc e 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 p ertain to a referenced requirement directly with the U.S.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
Supplier 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 practic able, the Supplier 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/compreh ensive- 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 f or compliance w ith 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 - 1F 59
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FAA – 22 Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the right s of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Supplier must include this requirement in all sub -tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401
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FAA - 23 Seismic Safety
Not applicable.

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FAA – 24 Tax Delinquency and Felony Conviction
The Supplier must have certified under the procurement process that resulted in the award of this contract that:
• Supplier has not been convicted of a Federal felony within the last 24 months; or • Supplier does not have any outstanding tax l iability for which all judic ial 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
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FAA – 25 Termination of Contract
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item - 1F 63
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FAA – 26 Foreign Trade Restriction

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Supplier 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. firms 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 o n 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, fic titious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Supplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor was er roneous when submitted or has become erroneous by reason of changed circumstances. The Supplier must require subcontractors provide immediate written notice to the Supplier 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 Secretary 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 nat ionals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or co ntrolled 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 es tablishment of a system of records in order to render, in good faith, the certification requ ired 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 Supplier agrees it will incorporate this provision for ce rtification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm fro m a foreign country included on the list of countries that discriminate Item - 1F 64
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against U.S. firms a s published by USTR, unless the Supplier has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which relia nce was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneo us certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30
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FAA – 27 Veteran’s Preference
In the employment of labor (excluding executive, administrative, and supervisory positions), the Supplier and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans inc lude Vietnam -era veterans, Persian 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 veter ans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item - 1F 66
Item - 1F 67

PUBLIC INTEGRITY APPLICANT DISCLOSURE
Name (Print last, first, middle initial) E-mail Address Alice Sawaya [email protected]
Position/Title
General ManagerNice President
Address
905 N Wineville Ave Ontario, CA 91764
Work Phone: Reporting Status
Cell Phone: New Disclosure:
909-942-3100
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the City the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A "significant position" shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the year prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application.

Item - 1F 68
Organization I Type of organization: Ownership Interest: Position: No (include the address, city and state where the longer
the organization is located) held:
1 Jeff Roberts, COO
9353 WAXIE Way, San Diego, CA 92123 0%
2 Grant Holm , CFO
9353 WAXIE Way, San Diego, CA 92123 0%
3 Managing Envoy Solutions, LLC 100% 2101 Claire Court, Glenview, IL 60025 Member 4 5.

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

On the basis of information contained in this report, I conclude that the filer is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the "comments" box below.

Comments:

Signature and Title of Agency's Final Reviewing Official Item - 1F 69

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 term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

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: WAXIE Sanitary Supply
-----------------
NAME and TITLE of Authorized Representative:
{Print) Alice Sawaya, GMNP
Item - 1F 70
WAXIE~®

SANITARY SUPPLY
City of Palm Springs
Business License No.: 00002501
Issue Date:

Expiration Date: 05/31/22

CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS , CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.

BUSINESS NUMBER: 00002501
BUSINESS TYPE: JANITORIAL SUPPLIES
OWNER NAME: WAX (PRESIDENT), CHARLES
BUSINESS NAME: WAXIE'S ENTERPRISES INC
BUSINESS ADDRESS: 72080 WOBURN COURT STE A & B
THOUSAND PALMS, CA 92276

WAXIE'S ENTERPRISES INC
PO BOX 23506
SAN DIEGO CA 92193
EXPIRATION TAX/ADMIN. FEE CERT NO
05/31/2022 21.00 1850
05131/2022 33.00 36521
05/31/2022 4.00 57135

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE

THE LICENSEE TO OPERATE OR MAINTAIN A

BUSINESS IN VIOLATION OF ANY OTHER LAW
OR ORDINANCE. THIS IS NOT AN ENDORSEMENT

OF THE ACTIVITY NOR OF THE APPLICANT'S
QUALIFICATIONS.

MUST BE POSTED IN A CONSPICUOUS PLACE
c.b. 2015 Page 1 of 1

CITY COUNCIL STAFF REPORT
05/12/2022 1. G.

City Clerk -

SUBJECT
APPROVE A THREE-YEAR AGREEMENT A9108 WITH PROFESSIONAL

ASBESTOS REMOVAL CORPORATION, DBA PARC ENVIRONMENTAL, FOR

ABATEMENT AND REMEDIATION SERVICES
RECOMMENDATION:

1. Authorize the City Manager or his designee to execute all necessary documents.2.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: MAY 12, 2022 CONSENT CALENDAR

SUBJECT: A PPROVE A THREE- YEAR AGREEMENT (A9108) WITH

PROFESSIONAL ASBESTOS REMOVAL CORPORATION , DBA PARC

ENVIRONMENTAL, FOR ABATEMENT AND REMEDIATION SERVICES

FROM: Justin Clifton, City Manager

BY: Maintenance & Facilities Department

SUMMARY:

This action will approve a three- year agreement with Professional Asbestos Removal Corporation, dba PARC Environmental , in the amount of $ 150,000 for abatement and remediation services.

RECOMMENDATION:

1. Approve Contract Service A greement No. A9108 ( Attachment A) with Professional Asbestos Removal Corporation dba PARC Environmental to provide abatement and remediation services for a three- year term in an amount not to exceed $150,000 beginning May 16, 2022 through May 15, 2025, with two one - year extension options at the City’s sole discretion.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure (Attachment B) submitted on April 14, 2022, Professional Asbestos Removal Corporation dba PARC Environmental is registered in the State of California. The owner is Kirk Fernandez with a 100% beneficial interest.

STAFF ANALYSIS:

The contract with PARC Environmental is an on-call, as-needed maintenance- type contract. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

Item - 1G 1
City Council Staff Report
May 12, 2022 -- Page 2
Award of City-Wide Abatement Contract

An Invitation for Bids (IFB 22- 15) was initiated b y the City’s Procurement & Contracting Department on March 21, 2022, based on Maintenance & Facilities specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the April 14, 2022, deadline:

Vendor Bid
Professional Asbestos Removal
Corporation dba PARC Environmental
$15,050.00
Belfor Property Restoration $15,250.00
Unlimited Environmental, Inc. $19,352.50
AD Improvements $97,813.75

The contract is for three (3) years with two (2) optional one-year renewals. The unit pricing is fixed for the first year and subject to a CPI increase in optional years 2 and 3. Staff recommends approval of Contract Services Agreement A 9108 with Professional Asbestos Removal Corporation dba PARC Environmental for a three- year term in the amount of $150,000 effective May 16, 2022 through May 15, 2025, subject to two one- year optional extensions at mutual consent of the parties.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available to cover the increased cost to be incurred through the remainder of the current Fiscal Year 2021-22. Staff has included additional funding appropriation requests in the Fiscal Year 2022-23 budget for the new cont ract services.

Item - 1G 2
City Council Staff Report
May 12, 2022 -- Page 3
Award of City-Wide Abatement Contract

REVIEWED BY:

Department Director: Staci Schafer
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Agreement No. A9108
B. Public Integrity Disclosure

Item - 1G 3

ATTACHMENT A
Item - 1G 4
Revised 2.9.22 Page 1 of 25
CONTRACT SERVICES AGREEMENT A9108

ABATEMENT AND REMEDIATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on May 16, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Professional Asbestos Removal Corporation dba PARC Environmental, a California Corporation , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed abatement and remediation contractor, for abatement and remediation services, (“Project”).

B. Contractor has submitted to City a proposal to provide abatement and remediation services, to City under the terms of this Agreement.

C. Based on its e xperience, education, training, and reputatio n, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in c onsideration of the pro mises a nd mutual obligations, covenants, and conditions contained herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In c ompliance with all terms and condition s of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (th e “Services” or “Work”). Exhibit "A" includes the agreed upon sched ule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of ca re and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regula tions when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

Item - 1G 5
Revised 2.9.22 Page 2 of 25

1.3 Licenses and Permits . Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performa nce of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be perform ed and fully understand s the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $150,000.00.

3.2 Method o f Payme nt. In any mont h in wh ich Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month , in the form approved by City’s finance di rector. Payment s shall be based on the hourly rates set fort h in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within t hirty (30) days of rece ipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to docu ments, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this A greement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City fo r e ach fiscal ye ar. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

Item - 1G 6
Revised 2.9.22 Page 3 of 25

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Forc e Majeu re Event shall m ean an event that materially affects the Cont ractor’s performance and is one or more of the follo wing: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) order s of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions . For purposes of this s ection, “orders of governmental authorities,” includes ordinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contract Officer’s judgment, such delay i s justified. The Contract Officer’s determination shall be f inal and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City ma y s till terminat e this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of 3 years, commencing on May 16, 2022, and ending on May 15, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, up on thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the C ity. Upon receipt of t he notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt o f the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action .

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item - 1G 7
Revised 2.9.22 Page 4 of 25

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Michael Stoeckle (name), Estimator/Project M anager (title). It is expressly understood that the experience, knowledg e, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be res ponsible during the term of this Agreement for directing all activities o f Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Offi cer. The Contract Offic er shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performa nce of the Services. Contractor shall refer any decisions that must be ma de by City to t he Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assign ment. The experi ence, knowledge, education, capability, and reputation o f Contractor, i ts pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisi ons stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of thi s Agreement by Ci ty, Contractor s hall be responsi ble to City for the acts and omissions of i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode , or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform al l required Services as an independent contractor of Cit y and s hall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay a ll wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income ta x withholding, unemployment insurance, a nd workers’ com pensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perfo rm the services in this Agreement. Contractor shall not alter the assign ment of the fol lowing personnel Item - 1G 8
Revised 2.9.22 Page 5 of 25
without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the r emoval of any per sonnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Michael Stoeckle Estimator/Project Manager

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of pre vailing wa ge rates a nd the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed a s part of an applicable “public works” or “maintenan ce” project, as defined by the Preva iling Wage Laws, and if the t otal compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees t o fully comply with such Prevailing Wage Laws. Contractor shall defe nd, indemn ify and hold the Ci ty, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon t he Contractor and all subcon tractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor C ode Sections 1771, 1774 and 1775), employment of app rentices (Labor Code Secti on 1777.5) , certified p ayroll records ( Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (L abor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition , installation, or repair, then pursuant to Labor Code Sections 1725.5 and 177 1.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for th e duration of the P roject and require the same of an y subcontractors, as applicable. Th is Agreement may also be subj ect to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to co mply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the f ullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunte ers (collectively t he “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item - 1G 9
Revised 2.9.22 Page 6 of 25
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims ari sing from injuries to o r d eath of perso ns (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordin ance or in any manner arising out of, pertaining to, or inc ident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement b e construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnifi ed are fully and finally b arred by t he applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless aris es out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code secti on 2782.8, which is fully incorporated herein, Contractor’s indemnification ob ligation shall be li mited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and d etailed accounts of all time, costs, expenses, and e xpenditures p ertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the p erformance of such Services. The Contr act Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and m ake records a nd transcripts from such records.

8.3 Ownership of Documen ts. All d rawings, s pecifications, repo rts, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City . Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents f or Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

Item - 1G 10
Revised 2.9.22 Page 7 of 25

8.4 Release of Docume nts. All drawings, specifications, reports, records , documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of re asonable notice and during the regular business hours of City, Co ntractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspec t all accounting books, re cords, work data, do cuments, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily a ccessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall b e construed and inte rpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, c laim, or matter ari sing out of or in relation to thi s Agreement shall be insti tuted in t he Superio r C ourt of the Coun ty of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting part y, shall not be employed in the interpretation of th is Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omi ssion in t he exercise of any right or r emedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

9.4 Rights and Remedies are Cumulativ e. Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or mo re of such rights or remedies shall not preclude the exerci se by it, at the sam e o r d ifferent time s, of any other rights or remedies for the same default or any other default by the other Party.

Item - 1G 11
Revised 2.9.22 Page 8 of 25

9.5 Legal Action. In addition to any othe r rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any defaul t, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute b etween the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be gran ted, to recover from the n on-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees . No officer or employee of City shall be personally liab le to the Contractor, or any successor -in-interest, in the event of any default or breac h by City or for any amount w hich may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has o r shall ha ve any dir ect or indirect fin ancial 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 (1) year thereafter. Contractor warrants that Contractor has not paid or given, a nd will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against D iscrimination. In connection with its performance under this Agreement, Cont ractor sha ll not dis criminate against a ny 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, c ultural or linguistic characteristics, or ethn icity), sexual orie ntation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor sh all ensure that applicants are employed, and that employees are treated during their employment, without regard to an y 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 re cruitment 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 Munic ipal C ode Section 7 .09.040, including without limita tion the provision of bene fits, rela ting to no n- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be i n Item - 1G 12
Revised 2.9.22 Page 9 of 25
writing and either served p ersonally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of m ailing if mailed as provided in t his Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Professional Asbestos Removal Corporation dba PARC Environmental
Attention: Michael Stoeckle
2864 E. Dorothy Ave.

Fresno, CA 93706

11.2 Integrated Agreement. This Agreement constitutes t he entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to th e subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreem ent shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possibl e, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which sha ll be interpreted to carry out the intent of the Parties.

11.5 Successors in Int erest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly prov ided for in this Agreement, nothing contained in this Agreement is intended to c onfer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third -party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recit als are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement o n behalf of the Parties warrant that they are duly authorized t o execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

Item - 1G 13
Revised 2.9.22 Page 10 of 25

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item - 1G 14
Revised 2.9.22 Page 11 of 25

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND PROFESSIONAL ASBESTOS REMOVAL CORPORATION DBA PARC

ENVIRONMENTAL
IN WITNESS WHEREOF, the Parties have ex ecuted this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: xxx Item No. xxx
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
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 - 1G 15
• •
Revised 2.9.22 Page 12 of 25
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item - 1G 16
Revised 2.9.22 Page 13 of 25

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform abatement and remediation (Work) on an as -requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to HEPA vacuuming, abatement and removal of all asbestos and non-asbestos containing materials, disposal per Occupational Safety and Health Administrations (OSHA) disposal requirement.

B. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours, and holidays.

C. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejec ted work, including the costs of uncovering, replacement, and additional testing.

If the Con tractor fails to commence correction of noncon forming work within a seven day period after w ritten notice, the c ity may co rrect the deficienc ies by other means. In such case, the City may exercise rights and reme dies as provided in section 9.4 of agreement.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after su bstantial comple tion, correct work not conforming to the requirements of the work.

D. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statu tes, c odes, rules, and regulations as may be applicable to th is contract and shall be responsible for securing any and all permits a s required by the governing authority. The C ity shall reimburse the C ontractor f or only the actual cost of said permits.

E. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classificatio n and/or assigned trade person . Mechanical o r other equ ipment used for Work must be o f a type that is approved by the industry and shall be operated in such a manner as not to cause dan ger of any nature to e mployees or other persons or damage to the buildi ng structure, fixtures, furnish ings, etc. Th e City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

F. General safety requirements: Th e Co ntractor shal l be res ponsible for all safety precautions required in connection w ith their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the ri ght to oversee all service work from a safet y standpoint and require the Contractor to take appropriate action to ensur e safety and code compliance.

Item - 1G 17
Revised 2.9.22 Page 14 of 25
G. Damages: Necessary precautions shall be taken at all times to protect person s, property and equipment from injury or damage. A ny d amage shall b e report ed, reviewed, and discussed with the facility manager.

H. Security: The Contractor is responsible for en suring all entries/exits to the wo rk area are secure during the discharge of the ir duties (do ors must not be pr opped open). The Co ntractor does not have th e authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall b e turned over to the facility manager or on-site Security. Any suspicious articles th at may be found , or pe rsons loitering or conducting themselves in a m anner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

I. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable l aws and regul ations. City requires proof of compliant disposal of any and all materials deemed ‘hazardous’ by the State of California. City encourages Contractor to salvage material in an environmentally fri endly manner if possible. C ity retains the right to retai n materials or have another party salvage material, at the discretion and direction of the facility manager.

J. Uniforms and face coverings: The Contractor sha ll b e required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor vehicles must display company logo and name.

Contractor must abide by City’s requirements for visiting City buildings.

K. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boist erous, amplified music or o therwise unprofessional manner.
• Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including fam ily and friends, to enter the building or area in whi ch Contractor’s employee is ass igned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any C ity property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.

Item - 1G 18
Revised 2.9.22 Page 15 of 25
• Using tobacco products, inc luding electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, eve n if legally permitted to carry firearms or other dangerous weapons.
• Sexual misco nduct, sexual a buse, sexual harassment, as defined b y state and/or federal law.

Contractor’s employ ees d eemed noncompliant by C ity will be rem oved immediately and replaced wit hin twenty-four (24) hours. Contractor’s employees must submit to we apons screening as directed. Contractor’s employees must be able to understand, read and comm unicate in English under the performance o f this Contract. Con tractor must observe and comply w ith all of C ity’s present and future rules and regulations regarding conduct on the premises.

1.2 Insurance Requirements:

The Contra ctor shal l meet all in surance r equirements of the City, including but not limited to, the pro visions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

At the sole discretion of the City, the Contract may be renewed for two one -year options or any portion thereof. I f the City exercises its option to extend, the unit pric es may be adjusted (decrease d or increased) at the beginning of any suc h renewal period to correspond wi th the most recent annual chang e to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Stat istics for the Riverside- San Bernardino-Ontario Areas.

1.6 Adjustment of Services:

The City reser ves the right to reduce or increa se, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

Item - 1G 19
Revised 2.9.22 Page 16 of 25

3. The City will only pay for the items listed on the bid form, and permit and dis posal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices , including but not limited to all necessary personal protective equipment, labor, supervision, project manag ement, overhead, p rofit, onboarding training, travel, mileage, truck charges, fuel charges, serv ice call charges, parking, delivery, portal-to-portal charges, e nvironmental fees , shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, an d purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

The resulting contract for these services is an on -call as needed contract. No specific amount of work is gu aranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.9 Invoicing:

Contractor will submit an itemized invoi ce monthly. Billings must reference a purchase order number and sh all indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be c ompensated at actual cost with receipts required with allowable markup as outline in the contract . Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be th e contractor’s responsibility to submit a co rrect invoice. The City shall not be responsible for pa yment until a correct invoice is rec eived. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. I nvoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.10 Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at th e P alm Spring s Police Department must pass a Criminal Histo ry Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City ’s Contract Officer. The City will acc ept as evidence of passing such a test a LiveScan card issued by another government agency.

2. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Con tractor will be required to submit the City, prior to the commencement o f s ervices, an Authorized S ignatory Aut hority Le tter authorizing specif ic Contracto r representatives to app rove the issuance o f Item - 1G 20

Revised 2.9.22 Page 17 of 25
Airport Identifi cation badg es a nd the processing of a fi ngerprint CHRC and STAs. Electronic links to this letter and th e Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certai n ci rcumstances, and out of t he con trol of t he City, security measures may change on short notice. No deviations from any securi ty measure shall be allowed at any time.
c. Restricted Are a Access – All Contrac tor personnel who requ ire unescorted access to the restricted areas of the Airp ort, prior to the issuance of an Airport Identification Badge , must su ccessfully complete a fingerpr int ba sed CH RC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disq ualifying crimes listed below or as sta ted in 49 CFR 1542.209, during the 10 years b efore the date of the individual’s application for unescorted access authority, or while the individual has une scorted access au thority. The disqualifying criminal offense s are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.

Item - 1G 21

Revised 2.9.22 Page 18 of 25
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a con trolled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees , Etc. of the Contractor, or Subcontr actors requiring access to the work s ite shall, in accordance with the PS P Airport Security Plan, be req uired to display airport issued identification or be und er the escort by prope rly bad ged personnel.

Supervisors sha ll be badged w ith a Palm S prings Inte rnational Airport Photo Badge. These badges will be iden tified nume rically and iss ued to individual employees w ith a permanent record maintained on each individ ual to whom a badge is issued. At the completion of the c ontract, all bad ges will be returned to airport, or a charge of $60 pe r badge (subject to chan ge) will be assessed for all badges not returned . As part of the badge application process, each applican t will be fingerprinted for u se i n a n FBI Criminal Recor ds searc h. Any pe rson who se criminal record reveals offenses listed by the FAA as disqualifyi ng offenses will be denied a badge and will be prohibited from unescorted access to the project site.

All required paperwork and ID badg e applications shall be s ubmitted a minimum Item - 1G 22
Revised 2.9.22 Page 19 of 25
of two weeks before iss uance of any badge . The Contractor and its staff ar e responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of t he badge may take in exc ess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check a nd fingerp rinting process, and a $50 charge (subject t o change) for the badge for a total of $100.00.

4. Violations - All violations of Airpo rt s ecurity are also v iolations of the City of Palm Springs Municip al Title 16, California Vehicle code and/or the C ode of Federal Reg ulations. Any s uch violation may res ult in arres t, the issuance of a citation and/or the immediate revocation of access privileges.

Item - 1G 23
Revised 2.9.22 Page 20 of 25
Item - 1G 24

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-15)

ABATEMENT AND REMEDIATION SERVICES
Responding to this IFB for abatement and remediation services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications . Bidder proposes and agrees lo furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in aceordanoe with the Specifications of the City of Palm Springs and will accep t as full payment therefore, the following unit cost amounls. The City of Palm Springs will not accepl any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

The Unit Pricing sh all remain fixed for ll'le first year. For addlllonal years, Contractor may request a prioe adjustmenl not to exceed the Bureau of Labor Statistic's Consumer P,rice Index (CPI) for the Riverside-San Bernardino-Ontario region 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.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM IOESCRIPTION UNIT QUANTITY
1 Abatement Remediation Services
IJ7 1117o0 Regular Billing Rale HR 100
17 ODAM - S·OOPM\
2 Abatement Remediation Services
l~S 1,450 Qver1ime Billing Rate HR 10
!5:00PM - 7:00AM\
3 Abatement Remediation Services
1io 900
Holiday Billing Rate HR 5
!After-hour.s 5:00PM - 7:00AM'
TOTAL "' 15 . O.'50 _
ITEM DESCRIP110N %MARK-UP
4 Parts and Materials /Enter vour % mar1<-uo for oarts & materials' I t\ '/, 5 Eauioment Rental IEnter vour % mark-uo for eauloment rentals\ '" ·,. 6 Subcontractors <Enter vour % mark-uo for subcontractors\ 10"/. ' Please note. This bid form is to determine the lowest bidder and will be used lo establish the contract unit prices, The contract val11e will hP. sP.t ~t the City budget amount.

Certified by: MicMel Stoeclde
Revised 2.9.22 Page 21 of 25
Item - 1G 25
Printed Name: Michael Stoeckle
TitJe: Estimato r/Project Manager
Date: April 14 . 2022
Revised 2.9.22 Page 22 of 25
EXHIBIT “B”

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement .

Contractor shall also carry workers’ compensation insurance in accord ance with California workers’ compensation laws. Such insurance shall be kept in full force a nd effect during the term of this Agreement , incl uding any e xtensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and des ignating the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to a nd approved by City prior to commencement of services. The procuring of such insurance and th e delivery of policies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insura nce. The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) com bined single limit coverage per occurrence and t wo million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one millio n dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissio ns) insurance with limits of at least one millio n do llars ($1,000,000.00) pe r occurrence and two million dol lars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as r equired by the State of California and Employer’ s Li ability Insurance w ith l imits of at least on e mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to t his Agreement, Contractor’s insurance coverage shall be primar y with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any ins urance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insuranc e and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rig hts of subrogation and Item - 1G 27
Revised 2.9.22 Page 24 of 25
contribution it may have against Cit y, its elected officials, offic ers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required , and if Contractor provides claims made profes sional liability insuran ce, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims m ade within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance co verage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evi dence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance require d in this Agreement shall be provided by authorized insurers in good standing with the State o f California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements , inc luding additional insured endorsement s, affecting all of the coverages required by this Agreement. The certi ficates and endorsements are to be signed by a person authorized by that insurer to bind cover age on its behalf. All proof of insurance is to be received and approved by the City befo re work commences. City reserv es the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endors ements are not required f or Er rors a nd Omissions and Workers’ Compensation policies.

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

A. "The City of Palm Springs, its o fficials, employees, and agents are named as an additional insured…” (" as respects City of Palm Springs Contract No.___" or "for any and a ll work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be cance led before the expiration date thereof, the issu ing company will mail 3 0 day s written notice to the C ertificate Holder named." Language such as, “endeavor to” mail and " but failure to mail such notice shall imp ose no obligation or liability of any kind upo n the company, its agents or representative" is not acceptable and must be crossed out.

Item - 1G 28
Revised 2.9.22 Page 25 of 25
D. Both the Workers’ Compensation and Employers' Liability policies shall contai n the insurer's waiver of subrogation in favor of City, its elected officials, officers , employees, agents, and volunteers.

In additio n to the endorsements l isted above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsement s are to be received and approved by the City before work commences. All certificates of insu rance must be authorize d by a person with authority to bind coverage, whether that is the authorized agent/broker or insu rance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be dec lared to and approved by the City prior t o commencing any work or services under this A greement. At the option of the City, either (1) the insurer shall redu ce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, a nd volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and relat ed i nvestigations, clai m adm inistration, and def ense expenses.

Certificates of Insurance m ust include evidence of the amo unt of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability o f Interests (Separat ion o f Insu reds). This insurance applies separately to each insured agai nst whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item - 1G 29

ATTACHMENT B
Item - 1G 30

ATTACHMENT B

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

INVITATI
ON FOR BIDS (IFB 22-15)

ABATEMENT AND REMEDIATION SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identif ied on the appl ication and se ek a Ci ty approval det ermined by a vote of City officials. E xamples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The C ity of P alm Spr ings Public Int egrity Ordi nance advances transparency in municipal government and assists public officials in avoiding conflic ts of interest. T he Ci ty’s Pu blic Integrity Ordinance, codified in Chapter 2.60 of the munic ipal code, reflects the City’s interest in ens uring t hat compani es (and other legal entit ies t hat are not natural people) doing business in the commun ity are transparent and make di sclosure as to their ow nership and management, and further that those compa nies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a mat erial financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A m aterial financial relatio nship is a relat ionship b etween so meone who is an owner/investor in the applicant entity and a vot ing o fficial (or the C ity Manager or C ity Attorney), which relationship includes any of the following:
(1) the owner/investor and the off icial have done business together during the year prior to the application;
(2) the official has earned income from the owner/ investor during t he year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to ga in or lose money or a thing of value, based upon the ow ner/investor’s interest in the applicant entity, in relation to th e appl ication’s outcome.

When Must I File?
You must f ile this form with the Office o f the City Clerk at the same time when you file you r application for a City approval d etermined b y a vote of City officials, whether elected or appointed.

What Must I Disclose?
Item - 1G 31
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are n ot the fiduci aries, (2) if a second entity that is not a natu ral pers on serves the applicant enti ty (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

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

What if I Have Questions?

PENALTIES

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

*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item - 1G 32

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

4. State where Entity is Registered with Secretary of State

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

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

________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________

_______________________________  Officer  Director  Member  Manager [ name]  General Partner  Limited Partner
 Other __________________________

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Professional Asbestos Removal Corporation dba PARC Environmental 2864 E. Dorothy Ave., Fresno, CA 93706
California
Kirk Fernandez
Louie Martina
Jason Martina
Item - 1G 33
✓
✓ ✓
✓
✓

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

EXAMPLE

JANE DOE

[name of owner/investor]

50%, ABC COMPANY, Inc.

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

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

[name of owner/investor]

[ percentage of benefi cial interest i n entity
and name of entity]

I DECLA RE U NDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date

100% PARC Holdings, Inc. and Subsidiaries
04/14/2022

Kirk Fernandez
Item - 1G 34

City of Palm Springs, CA.

Business Disclosure Supplementary Instructions

In an effort to ensure we capture the required business entity information in accordance with the attached ins tructions, we provide you these su pplementary in structions to clearly ident ify the required information, and the format the information should be provided.

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

Ultimately, th e City’s disclosure document (at tached) requi res a listing identifying al l n atural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

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

John Doe, Jill Doe, and Jay Doe, which i s owned 50% by Acme Brothers, LLC, a Cal ifornia limited liabilit y company, and John D oe (25% inte rest) and Jill Doe (25% i nterest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, w hose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Ac me Brothers 2, LLC, a California limited liability company, w hich is ma naged by George Doe, with George Doe and Jane Doe having 50% interest each.

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item - 1G 35

CITY COUNCIL STAFF REPORT
05/12/2022 1. H.

City Clerk -

SUBJECT
AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $15,905,500, FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
RECOMMENDATION:

Award a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20-25 and 21-07.

1. Authorize the City Manager to approve a task order in an amount not to exceed $881,143 with Stantec, an ‘on-call’ firm, for wastewater engineering services during construction.

3. Authorize the City Manager or his designee to execute all necessary documents.4.

Attachments
Item 1H

CITY COUNCIL STAFF REPORT

DATE: May 12, 2022 CONSENT CALENDAR

SUBJECT: A WARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $15,905,500, FOR THE WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Award of this contract, purchase order and agreement will allow the City to proceed with the replacement of Digester No. 2, Gas Flare and upgrades to the Filtrate Pump Station at the Wastewater Treatment Plant.

RECOMMENDATION:

1. Award a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Gas Flare and Filtrate Pump Station project, City Project No. 20-25 and 21-07 (“the Project”).

2. Authorize the City Manager to approve a task order in an amount not to exceed $881,143 with Stantec, an ‘on- call’ firm , for wastewater engineering services during construction.

3. Authorize the City Manager to approve a professional services agreement in an amount not to exceed $1,246,123.14 with MWH Constructors, an engineering firm, for construction management and inspection services.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Form from Steve P. Rados, Inc. , is included as Attachment A. The Public Integrity Disclosure Form from Stantec, is included as Attachment B. The Public Integrity Disclosure Form from MWH Constructors, Inc., is included as Attachment C.

Item - 1H 1
City Council Staff Report
May 12, 2022 -- Page 2
Award CP 20-25 Contract

BACKGROUND:

On January 13, 2022, the City approved the plans, specifications, and engineer’s estimate for the Project and authorized Staff to advertise and solicit bids.

STAFF ANALYSIS:

On January 27, 2022, Staff advertised the Project to plan rooms and through the procurement program PlanetBids
TM, to allow the submission of bids electronically. The contract documents were provided free of charge to prospective bidders.

On March 31, 2022, at 3:00 p.m., the Engineering Division received three bids through PlanetBids
TM from the following contractors:

Company Location Bid Amount
Steve P. Rados, Inc. Santa Ana, CA $ 15,905,500
Myers and Sons Construction, LLC Sacramento, CA $ 16,210,211 Kiewit Infrastructure West Co. Santa Fe Springs, CA $ 16,845,000

Steve P. Rados, Inc. submitted the lowest responsive bid in the amount of $15,905,500.

The Engineer’s Estimate for the Project , as reported to the City Council on January 13, 2022, was $18,200,000. Costs are lower than the estimate.

Local Business Preference Compliance

Section 7.08.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella Valley . Steve P.

Rados, Inc. is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Bid Analysis

Staff reviewed all bid documents submitted by the apparent low bidder and has determined that Steve P. Rados, Inc. complies with the instruction to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that the City Council approve the bid submitted by Steve P. Rados, Inc. The Agreement is included as Attachment D.

Engineering Services During Construction

On November 20, 2020, Stantec submitted a formal proposal for the Filtrate Pump Station Upgrades at the WWTP. Included in the formal proposal is Engineering Services During Item - 1H 2
City Council Staff Report
May 12, 2022 -- Page 3
Award CP 20-25 Contract

Construction for a total not to exceed amount of $104,090. A copy of their proposal is included as Attachment E.

Per the Staff Report dated January 13, 2022, the Engineering Division combined City Project 20-25 Digester No. 2 and City Project 21-07 Filtrate Pump Station. By constructing the projects together, the City eliminates redundant tasks resulting in significant cost savings. However, when the two projects were combined, the City only had a formal proposal for engineering services during construction for the filtrate pump station.

On January 17, 202 2, Stantec submitted a formal proposal to the City for engineering services during construction for the remaining portion of the p roject. Stantec is the Engineer of Record for the Project. This proposal includes submittal review, Request for Information, Change Orders and support costs for a total not to exceed amount of $777,053. A copy of their proposal is included as Attachment F.

Staff is recommending adding the Engineering Services D uring Construction from the Filtrate Pump Station Project proposal to the Digester No. 2 and Waste Gas Flare Project proposal for a total not to exceed amount of $881,143. Staff in the Engineering Division reviewed the proposal submitted by Stantec and found their proposal qualified and complete. Staff recommends an approval of a purchase order and the Notice to Proceed to Stantec.

Request For Proposals for CM Services

Staff issued a Request for Proposals (RFP) for Construction Management, Inspection and Testing Services, to solicit proposals from qualified engineering firms who specialize in these services. By requesting RFP’s periodically, the City positions itself to work with the most qualified firms at competitive pricing. The requested RFP was written to ensure that the selected firm has demonstrated successful experience and capacity to provide construction management with inspection and testing services to municipal government agencies similar to those required by the City.

On February 1, 2022, the RFP was published and made available to firms through PlanetBids
TM. Proposals from the following 2 firms were received:

Dudek & Associates Palm Desert, CA
MWH Constructors Palm Desert, CA

Following a review of the proposals by a selection committee, MWH Constructors was identified for selection. A complete copy of each firm’s proposal is available for review in the Engineering Division. Staff recommends that the City Council approve a Professional Services Agreement with MWH Constructors. The agreement is included as Attachment G.

Item - 1H 3
City Council Staff Report
May 12, 2022 -- Page 4
Award CP 20-25 Contract

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20- 25 and 21- 07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item a ligns with City Council Priority “Community Infrastructure”, specifically 3A, Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the Wastewater Fund. The Project is a part of the 2021 Wastewater Capital Rehabilitation and Repair Plan, which identifies capital projects directly related to the City’s WWTP or sanitary sewer collection system. Projects identified in the plan are paid for by sewer fees collected by the City.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Public Integrity Disclosure Form – Steve P. Rados
B. Public Integrity Disclosure Form – Stantec
C. Public Integrity Disclosure Form – MWH Constructors
D. Construction Agreement – Steve P. Rados, Inc.

E. Stantec Proposal dated November 20, 2020
F. Stantec Proposal dated January 17, 2022
G. Professional Service Agreement – MWH Constructors
Item - 1H 4
Attachment A
Item - 1H 5
Item - 1H 6
Item - 1H 7

Attachment B
Item - 1H 8
Stantec City of Palm Springs | On-Call Wastewater Engineering Design Services SOQ | Page 62

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

4. State where Entity is Registered with Secretary of State ,IRWKHUWKDQ&DOLIRUQLDLVWKH(QWLW\DOVRUHJLVWHUHGLQ&DOLIRUQLD" Yes No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) _______________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _______________________________
_______________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Other _________________________________
______________________________________________ Officer Director Member Manager [name]
General Partner Limited Partner
Attachment E
Item - 1H 9
Stantec City of Palm Springs | On-Call Wastewater Engineering Design Services SOQ | Page 63 Other _______________________________

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

EXAMPLE
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
6LJQDWXUHRI'LVFORVLQJ3DUW\3ULQWHG1DPH7LWOH 'DWH Item - 1H 10

Attachment C
Item - 1H 11
WWTP Digester No. 2 CM Services
CITY PROJECT NO. 20-25
April 2022

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ☐ Officer ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Office r ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
☐ Office r ☐ Director ☐ Member ☐ Manager
☐ General Partner ☐ Limited Partner
☐ Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilMay 12, 2022

Palm Springs City Council
May 12, 2022