FY21 Standard Assurances
Federal Grant Programs
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally ldentfflable Information (PH) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
27. Energy Polley and ConservatlonAct
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients ·are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129. 2021 SHSP Standard Assurances Page 11 of 15 Initials __ _
29. Fly America Act of 1974
FY21 Standard Assurances
Federal Grant Programs
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
31. Non-supplantlng Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33.SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
2021 SHSP Standard Assurances Page 12 of 15 lnitialsL
34. T errorlst Financing
FY21 Standard Assurances
Federal Grant Programs
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend funding.
• Failure to expend at least 90% of award could affect future funding. 2021 SHSP Standard Assurances Page 13 of 15 Initials~
FY21 Standard Assurances
Federal Grant Programs
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.
2021 SHSP Standard Assurances Page 14 of 15 Initials ~
IMPORTANT
FY21 Standard Assurances
Federal Grant Programs
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCO OA. Cal OES or public scrutiny upon request.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she Is authorized to enter Into this agreement for and on behalf of the Applicant.
Subrecipient:C;;l.-ri Of M:t,Wl ~s -~H
Signature of Authorized Agent: ~ • ~
Printed Name of Authorized Agent: _J;;__;__tA..;;..S_1r._N..;._.::;t;...;lZ..;..f;._Ti_"D_l'i.;..._ ________ _ Title:. _ ___.l'....,'(._r.,...y __ M_· ,;J;.i.,:;N..&,1· JJ.M;:u,,u.-""'-=-g=----______ Date: 1>1/P/wz.. 2021 SHSP Standard Assurances Page 15 of 15 Initials ~
RESOLUTION NO. 25001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING AND
AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE
APPLICATIONS AND DOCUMENTS FOR THE PURPOSES
OF OBTAINING FEDERAL FINANCIAL ASSISTANCE
PROVIDED BY THE FEDERAL DEPARTMENT OF
HOMELAND SECURITY AND SUB-GRANTED THROUGH
THE STATE OF CALIFORNIA AND THE COUNTY OF
RIVERSIDE
WHEREAS, the California Governor's Office of Emergency Services requires that the Palm Springs City Council obtain a resolution in order to be eligible to apply for and receive federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California and the County of Riverside Emergency Management Department; and
WHEREAS, the City of Palm Springs desires to continue to accept the State Homeland Security Program (SHSP) for grant years 2021 and 2022; and WHEREAS, on March 24, 2022, the City Council of the City of Palm Springs authorized the City Manager to execute said applications and documents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Palm Springs, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.
SECTION 3. That this authorization shall be in effect for the duration of the FY 2021, and FY 2022 grant periods of the SHSP.
Resolution No. 25001
Page2
ADOPTED THIS 24TH DAY OF MARCH 2022.
J usTIN boN f)ef lO,....
CITY MANAGER
ATTEST:
E . LOMELI, CMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25001 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 24, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garner, Holstege, Kors, Middleton, Woods
None.
None.
None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ,,;>1 Yf' day of .&j~n 1 , Rt/22: . . L ELI, CMC
GS INTERIM CITY CLERK
I
FY 2022 DHS STANDARD TERMS AND CONDITIONS
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
A. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
B. General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass- through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIII. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act , Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XIV. Ensuring the Future is Made in All of America by All of America’s Workers Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005 which provide that, as appropriate and to the extent consistent with law, the recipient must use all practicable means within their authority under a federal award to provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.) XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mem ber of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
XXV. Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
XXXI. Reporting Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.
XXXII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
XXXIII. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXIV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.
XXXV. Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
XXXVI. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 –175c.
XXXVII. Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVIII. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
Revised 2.9.22 Page 1 of 23
CONTRACT SERVICES AGREEMENT A9214
RADIOS AND INSTALLATION-BID GROUPS 2 AND 3
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on October 1, 2022, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and RIVCOMM, 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 licensed and quali fied contractor, for Public Safety Enterprise Communications (PSEC) compatible radios and installation services, (“Project”).
B. Contractor has submitted to City a proposal to provide Public Safety Enterprise Communications (PSEC) compatible radios and insta llation services, 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 consistent 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 te rms 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 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.
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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 performance of the S ervices 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 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 perfor med 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 $255,139.03.
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 da y 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 with 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, sp ecifying 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.
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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 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) t errorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the 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 th e 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 w hen 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 nless earlier terminated in accordance with Section 4.5 of this Agreement, this Agr eement s hall continue in full force and effect for a period of six years , commencing on October 1, 2022, and ending on September 30, 2028, 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, 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 shorter 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 S ervices 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 writ ten notice to City.
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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: Rene Lara (name), President (title).
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 this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not b e 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 Office r 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. Contractor shall not 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, 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 provisio ns stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contra ctor 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 employees, perform the S ervices 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 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 agen ts 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 obligations respecting 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 agr ees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel
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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.
N ame: Title:
Rene Lara 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 payment of prevailing wage rates a nd 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 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 more for construction, alteration, demolition, i nstallation, 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 harmless from any claims, liabilities, costs, penaltie s 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 provisions, 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 (Labor Code Sections 1813 and 1815) and debarment of contrac tors 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 constructi on, 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 Industrial 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 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 (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
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judgments, arbitration awards, settlements, damages, demands, 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 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 be 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 Agreemen t 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 re quired 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 t he 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 S ervices 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 pr operly 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 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, s pecifications, reports, 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 r esult 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 unrestricted right to use the concepts embodied in such documents.
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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 t he 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 under this Agreement. Contractor shall maintain such books, re cords, 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 the parties in accordance with the laws of the State of California.
Legal actions c oncerning 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.
9.2 Interpretation. This Agreemen t shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Part ies. The terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed a gainst 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 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 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 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 def ault concerning the same or any other provision of this Agreement.
9.4 Rights and Remedies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulati ve. 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.
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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 specific performance of this Agreement, to obtain injunctive rel ief, 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 preva iling Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees . No officer or employee of Cit y 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 any agreement of any kind with any such office r 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 actual or perceived race, religion, color, sex, age, marital s tatus, 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 “prohibi ted 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 th is 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, upgra ding, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provis ions 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
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writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicate d 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: RIVCOMM, INC.
Attention: Rene Lara, President
1330 Dodson Way
Riverside, CA 92507
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 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 Agreement s hall b e interpreted in such a manner as to be effective and valid unde r 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 i nvalidity 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 sha ll 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 Agr eement 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 incorporat ed 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 persons 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.
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11.9 Counterparts. This Agreement may be signed in counterparts , each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND RIVCOMM, 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:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ 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
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EXHIBIT “A”
CONTRACTOR’S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Background:
The City of Palm Springs w ill be transitioning from th e Eastern Riverside Interoperabl e Communications Authority (ERICA) radio system to the Public Safety Enterprise Communications (PSEC) radio system. This transition will take place in 2023 and will necessitate the purchase of new mobile radios, portable radios, and radio accessories for the Airport, and other City Service Departments. All radios will be required to meet the Project 25 (P25) suite of standards for interoperable digital two- way radio products as indicated below. Info rmation on Project 25 Standards can be found here :
Project 25 Technology
Interest Group.
1.2 Scope:
A. General Scope: All mobile radios and portable radios will be required to meet P25 standards; meaning they will be requir ed to have the following features: P25 Phase 2 TDMA (Time Division Multiple Access); Multi Key 256 -AES encryp tion; Hardware Programming Key; and minimally operate on 700mhz/800mhz. Additionally, all radios purchased by the City must be on PSEC approved r adio list, which include s Motorola APX Series portables and mobiles; Harris XL Series; and Kenwood Series VP6400/VP5400; NX5400 and VP900.
B. Scope specific to Airport: The Kenwood Model VP5430- F3 Radios are currently in use by Palm Springs Airport personnel. A ll airport mobile and portable radios must be single-band (700/800 MHz) and meet P25 standards. To provide continuity and to ensure standardization of equipment, the portable radios for the airport shall be Kenwood Model VP5430- F3, or the most recent com parable model. Each portable radio shall include a battery, charger, and speaker microphone accessory.
C. Scope specific to Other City Departments: All other City Department mobile and portable radios must be single -band (700/800 MHz) and meet P25 standards. Po rtable radios, including batteries, shall not exceed the following physical dimensions and weight: 6” high; 2.5” wide; 2” deep; and shall weigh no more than 19 ounces. Each portable radio shall include a charger.
1.3 Warranty:
The Contractor warrants and guar antees that all equipment, materials, or supplies used or furnished, and all workmanship are of the type and qualit y specified herein. The Contractor further guarantees that any latent fault in construction or defective material discovered within five years after acceptance of the work shall be remedied by contractor without cost to the City, upon written notice given to C ontractor. Other subsequent latent defects shall be covered by responsibilities set forth in the law.
1.4 Annual Maintenance:
All portable a nd mobile radios shall include at minimum, a 5- year maintenance package that includes software updates, firmware upgrades, and phone support. Contract radio maintenance shall include all pa rts, labor and travel required to repair and maintain the mobile and portable radios, bases, and other related equipment, that have become defective through normal wear and use.
1.5 Onsite Installation:
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Contractor to provide installation services. Installation of all mobile radios into vehicles, including radio control heads and remote radio control heads s hall take place onsite at a location provided by the City. Installation shall also include mobile radios in certain specified office locations, and will include all necessary wiring, connectors, and antennas for indoor installation.
1.6 Schedule:
The Contractor shall deliver all radios, acces sories, and other necessary equipment within four months of award. The C ontractor shall complete all required installations within six months of award.
1.7 Delivery:
All radios and accesso ries shall be delivered to the PSEC F acility within the Riverside County Sheriff Communications Center, located at 7195 Alessandro Blvd, Riverside, California 92506. The City shall be notified when the radio order has shipped and when the order has been delivered to the PSEC Facility.
1.8 Compensation:
Work will be compensated on a unit price basis as outlined in the agreement pricing form.
Items will be purchased on an as needed basis and no guarantee is made by the City that the full order will be fu lfilled. The pricing listed in t he agreement includes all labor, expenses, and incidentals to fulfill the agreement requirements.
1.9 Allowance:
Since quantities shown are estimates only, an allowanc e has been established to cover any adjustments in the number or type of items ordered based on actual needs. This allowance is for use by the City and is not guaranteed to be used . The Contractor has no rights to the allowance unless additional items ar e authorized by the City. Any additional items to be purchased will be at the unit prices provided.
RIVCOMM, INC. Radio Models per bid groups:
Bid Group 1-Police Bid Group 2-Airport Bid Group 3-Other Portable Radios VP8000BKF3 VP5430F3 VP5430F2
Mobile Radios VM7000 VM7000
Mobile/Offic Radios VM5930BF VM5930BF VM5930BF
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ATTACHMENT F - REVISED PER ADDENDUM NO. 2
BID FORM,
INVITATION FOR BIDS IFB 23-01
RADIOS AND INST Alt:ATION
Responding to this IFB for PSEC compatible radios and installation, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications.
Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications 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 already included or incorporated in the below unit costs.
BID FROUP 1-POLICE
ESTIMATED UNIT PRICE SUBTOTAL
ITEI DESCRIPTION UNIT QUANTITY
1 Portab le Radios per spec EA 186 $3,444.51 $640,678.86 2 Speaker mies equipped with earphone EA 176
accessory port $97.64 $17,184.64
3 Mobile/Remote Contro l Head EA 97 $5,078.92 $492,655.24 4 Mobile/In-Vehicle w/Handheld control EA 34
head $5,329.28 $181,195.52
5 Mobile/Con trol Head for police EA 6
motor cvcle $5,329.28 $31,975.68
6 Six-bay Battery Chargers EA 10 $548.12 $5,481 .20
7 Stubbv Antennas EA 186 $18.78 $3,493.08
8 Spare Batteries - Extended Life EA 160 $131.87 $21,099.20 9 Radio belt clips (if not already included) EA 50
INCL INCL
10 Onsite insta llation of mobile EA 87
radio/remote control head includ ing
remova l of old radio
$550.00 $47,850.00
11 Onsite installation of radio control head EA 34
including removal of old radio $440.00 $14,960.00
12 Onsite installation of mobile radio EA 7
remo te control head in offices including $330.00 $2,310.00 removal of old radio
13 Onsite installat ion of mobile EA 6
radio/cont rol head for police motorcycle $2,916.66 $17,499 .96 includin g remova l of old radio
14 5 Year Warranty Lump 1 $42,000 $42,000 .00
Sum
15 Annual Maintenance/ Support {Per EA
year)
5 $5,000.00 $25,000.00
16 Police Departmen t Allowance Lump 1 $50,000 $50,000
Sum
17 Mobile/Office Radio as dash mount EA 6
with programmable control head $2,467.61 $14,805 .66
18 Antenna line run - if required Lump 1
Sum $3,080 .00 $3,080 .00
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BID GROUP 1 - POLICE -TOTAL $1,611,269.04 1
BID GROUP 2 -AIRPORT
ESTIMATED UNIT PRICE SUBTOTAL
ITEM DESCRIPTION UNIT QUANTITY
1 Kenwood Model VPS430-F3 Portable EA 50 $1,862.89 $93,144.50 Radios per spec
2 Mobile/ Remote Control Head (vehicle EA 5 $2,955.59 $14,777.95 mount)
3 Six-bay Battery Chareers EA 6 $548.12 $3,288.72
4 Spare Batteries EA so $134.87 $6,743.50
5 Radio belt clips EA 50 INCL INCL
6 Spare antennas · Stubby EA 50 $18.78 $939 .00
"J Onsite instal lation of radio/remo te EA 5
control head includ ing removal of old
radio
$440.00 $2,200 .00
8 Onsite instal lation of mobile radi o EA 2
remote cont rol head in offices $330.00 $660.00
includi ne remova l of old radio
9 5 Year Warranty Lump 1 $6,327.00 $6,327 .00
Sum
10 Annual Maintenance/ Support EA 5 $2,000.00 $10,000.00 11 Airport Allowance lump
1 $20,000 $20,000
Sum
12 Mobile/ Office Radio as dash mount EA 2
with pro11rammable control head $2,467.61 $4,935.22
13 Antenn a line run - if required Lump 1
Sum $880.00 $880.00
BID GROUP 2 - AIRPORT -TOTAL $163,895.89
BID GROUP 3 - OTHER
ESTIMATED UNIT PRICE SUBTOTAL
ITEM DESCRIPTION UNIT QUANTITY
1 Porta ble Radios per spec EA 32 $1,709.03 $54,688.96
2 Mobile / Offiice Radio as dash mount EA 2
with orogrammable control head $2,467.61 $4,935.22
3 Six bay Batterv Chargers EA 5 $548.12 $2,740.60
4 Spare batter ies EA 20 $131.87 $2,637.40
5 Stubbv antennas EA 32 $18.78 $600.96
6 Onsite installa t ion of mobi le radio EA 2
remote control head in offices $330.00 $660 .00
includirnz remova l of old radio
7 5 Year Warranty Lump 1 $4,100.00 $4, 100.00
Sum
8 Annual M ainten ance/ Support EA 5 $2,000.00 $10 000.00 9 Other Department Allowance Lump 1 $10,000 $10,000
Revised 2.9.22 Page 17 of 23
Sum
10 Antenna line run - if requ ired Lump 1
sum $880.00 $880.00
BID GROUP 3 - OTHER -TOTAL $91,243 .14 -
/
Certified by: 3 G,Mffi~ }j U,Yck
Fioo N,mec RIVCOMM , IN~#??
Signature of Authorized Person. - ---;- o/""'~'---_,...~---"-_,_.'--______ _ Printed Name: ----' R'-=E,_,N=E..,,L:.:..A.,_R.,_A"--------- - - - - - --- - Title: _ ___ _ ...,Pc...:R..,,E:.:S:<.!1-"'D-=E.,_,N_,_T ________ ___ ___ _ Date: _____ __,_A_,,u..,g,.,,u,.,.s"--t -'-'15s:..,..,2::.::0,.,2..,2'--- - ---- ------- -
Revised 2.9.22 Page 18 of 23
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)
Revised 2.9.22 Page 19 of 23
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries agains t persons or damages to property resulting from Contractor’s performance under this Agreement.
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 California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement , incl uding any extensions. Such insurance 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 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 million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance 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
___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. Primary 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 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’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and
Revised 2.9.22 Page 20 of 23
contribution it may have again st City, 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 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 professional liability insurance coverag e with the same carrier in the amount required by this Agree ment 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 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 additional insured endorsement s, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work com mences. Cit y reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Errors 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 Additional Insured Endorsement w ith 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 C ertificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
Revised 2.9.22 Page 21 of 23
D. Both the Workers’ Compensation and Employers' Liability p olicies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
7. Deductibles and Self -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, officers, employees, agents, and volunteers; 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 under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.
8. Severability of Interests (Separat ion of Insu reds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
Revised 2.9.22 Page 22 of 23
EXHIBIT "C"
DEPARTMENT OF HOMELAND SECURITY
FEDERAL REQUIRMENTS
2 CFR PART 200
GENERAL FEDERAL PROVISIONS
UPDATED 05.09.22
Provision
Reference Provision Description Page No.
A Breach of Contract 1
B Termination of Contract 2
C Equal Employment Opportunity 6
D Davis Bacon Requirements 12
E Contract Work Hours and Safety Standards 18
F Rights to Inventions 19
G Clean Air/Water Pollution Control 20
H Debarment and Suspension * 21
I Byrd Anti-Lobbying 22
J Procurement of Recovered Materials 23
K Prohibition on Certain Telecommunications and video Surveillance Services or Equipment
24 L Domestic Preferences for Procurements 27
Source: National Archives Code of Federal Regulations as of 5.5.22
A - Breach of Contract
Any violation or breach of terms of this contract on the part of the [Contractor | Consultant] or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Owner will provide [Contractor | Consultant] written notice that describes the nature of the breach and corrective actions the [Contractor | Consultant] must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the [Contractor | Consultant] must correct the breach. Owner may proceed with termination of the contract if the [Contractor | Consultant] fails to correct the breach by the deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
Reference: 2 CFR § 200 Appendix II (A)
B - Termination of Contract
TERMINATION FOR CONVENIENCE (CONSTRUCTION & EQUIPMENT CONTRACTS) The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:
1. Contractor must immediately discontinue work as specified in the written notice.
2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.
3. Discontinue orders for materials and services except as directed by the written notice.
4. Deliver to the Owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work, and as directed in the written notice.
5. Complete performance of the work not terminated by the notice.
6. Take action as directed by the Owner to protect and preserve property and work related to this contract that Owner will take possession.
Owner agrees to pay Contractor for:
1) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
2) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract docu ments in connection with uncompleted work;
3) reasonable and substantiated claims, costs, and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and 4) reasonable and substantiated expenses to the Contractor directly attributable to Owner’s termination action.
Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.
The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Termination for Default
TERMINATION FOR DEFAULT (CONSTRUCTION)
Section 80-09 of FAA Advisory Circular 150/5370-10 establishes conditions, rights, and remedies associated with Owner termination of this contract due to default of the Contractor.
TERMINATION FOR DEFAULT (EQUIPMENT)
The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if the Contractor:
1. Fails to commence the Work under the Contract within the time specified in the Notice- to- Proceed;
2. Fails to make adequate progress as to endanger performance of this Contract in accordance with its terms;
3. Fails to make delivery of the equipment within the time specified in the Contract, including any Owner approved extensions;
4. Fails to comply with material provisions of the Contract;
5. Submits certifications made under the Contract and as part of their proposal that include false or fraudulent statements; or
6. Becomes insolvent or declares bankruptcy.
If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and Surety of its intent to terminate the contract for cause. At the Owner’s discretion, the notice may allow the Contractor and Surety an opportunity to cure the breach or default.
If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring such similar equipment.
Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract price. The Owner may withhold from amounts otherwise due the Contractor for such completed equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because of Contractor default.
Owner will not terminate the Contractor’s right to proceed with the Work under this clause if the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such acceptable causes include: acts of
God, acts of the Owner, acts of another Contractor in the perfor mance of a contract with the Owner, and severe weather events that substantially exceed normal conditions for the location.
If, after termination of the Contractor’s right to proceed, the Owner determines that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the Owner issued the termination for the convenience the Owner.
The rights and remedies of the Owner in this clause are in addition to any other rights and remedies provided by law or under this contract.
TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement.
The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.
Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.
In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Reference: 2 CFR § 200 Appendix II (B)
C - Equal Employment Opportunity
EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 shall include, but not be limited to, the f ollowing:
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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) The Contractor 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 Contractor 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, records, 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 Contractor’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 Contractor 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 Contractor 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 unless exempted by rules, regulations, or orders of the 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 Contractor will take such action with respect to any
subcontract or purchase order 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, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
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 Programs (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 Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, 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 identifiable tribal affiliations through membership and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
3. If the Contractor is participating (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 goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor 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 overall good faith 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 Contractor 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 employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area 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 Contractor 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 Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor’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 Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work.
The Contractor, where possible, will assign two or more women to each construction project.
The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’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 minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
c. Maintain a current file of the names, addresses, and telephone 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 sent to the union hiring hall for referral and was
not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop 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 Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor 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 specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards access ible 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 specific 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 these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor 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 promotional opportunities 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 discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’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 construction 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 Contractor’s EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations, 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 Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, 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 Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance
Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, 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 Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.
14. The Contractor 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 hereof 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 affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked 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 application of other laws which establish different standards of compliance or upon the application of requirements 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
D - Davis Bacon Requirements
DAVIS-BACON REQUIREMENTS
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics s hall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may c onsider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
2. Withholding.
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the s ame prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and m echanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work i s performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete; (2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, tak e such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) t o be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR
5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
Reference: 2 CFR § 200, Appendix II (D), 29 CFR Part 5
E - Contract Work Hours and Safety Standards
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.
Reference: 2 CFR § 200, Appendix II (E)
F - Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner 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. Contractor 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
G - Clean Air/Water Pollution Control
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds $150,000.
Reference: 2 CFR § 200, Appendix II (G)
H - Debarment and Suspension
Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.
Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Contractor, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Contractor will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.
Reference: 2 CFR Part 200 Appendix II (H), 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5
I - BYRD ANTI-LOBBYING AMENDMENT
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Reference: 2 CFR Part 200 Appendix II (I), 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2, 49 CFR part 20, Appendix A
J - Procurement of Recovered Materials
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.
The list of EPA-designated items is available at www.epa.gov/smm/comprehensive-procurement- guidelines-construction-products.
Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.
Reference: 2 CFR PART 200 APPENDIX II (J), 2 CFR § 200.323, 40 CFR part 247, Solid Waste Disposal Act
K - Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third - party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c) Exceptions. This clause does not prohibit contractors from providing— (1) A service that connects to the facilities of a third- party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.
In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
Reference: 2 CFR PART 200 APPENDIX II (K), TITLE 2 SUBTITLE A CHAPTER II PART 200 SUBPART C, § 200.216
L - Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
(b) For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Reference: 2 CFR PART 200 APPENDIX II (L), TITLE 2 SUBTITLE A CHAPTER II PART 200 SUBPART C, § 200.322
STANDARD ASSURANCES FEDERAL GRANT PROGRAMS
FY21 Standard Assurances
Federal Grant Programs
As the duly authorized representaHve of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant ts responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear In the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so. 2021 SHSP Standard Assurances Page 1 of 15 Initials ---
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This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.
3. Lobbying and Politlc:al Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer 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, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act 15 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 2021 SHSP Standard Assurances Page 2 of 15 Initials K(/
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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.
The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local} transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated tor cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal EmploymentOpportunlty
The Applicant will comply with all federal statutes relating to non-discrimination.
These include, but are not limited to, the following:
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(a) Title VI of the Civil Rights Act of 1964 (Public law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that reoipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program oractMty;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA} of 1990, which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex. sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion. sex. sexual orientation, gender identification. or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2021 SHSP Standard Assurances Page 4 of 15 Initials~
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environ mental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code§§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters; 2021 SHSP Standard Assurances Page 5 of 15 Initials
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P .L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; {h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 ( 16 u.s.c. §§ 1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 ( 16 U .S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 1330 l of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 2021 SHSP Standard Assurances Page 6 of 15 Initials ~
8. Audits
FY21 Standard Assurances
Federal Grant Programs
For subrecipients expending $750,000 or more in combined federal grant funds annually, the Applicant will be required to submit financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors. successors. transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment-The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient. or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282). specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and lb) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. The Applicant is required to report to Riverside County Operational Area (RivCO OA) the progress of their funded programs on a quarterly basis ( January 1, April 1, July 1, October 1).
13. Whlstleblower Protections
The Applicant also must comply with statutory requirements for whistleblower 2021 SHSP Standard Assurances Page 7 of 15 Initials ~
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Federal Grant Programs
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipieni from: ( l) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally•assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section l 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program 2021 SHSP Standard Assurances Page 8 of 15 Initials L
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and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966. as amended (16 U.S.C. § 470).
Executive Order 11593 (identification and protection of historic properties). and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facUities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in port with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device Whtie Driving Is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write. send. or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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Federal Grant Programs
20. Callfornla Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), S U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES t CERJIFICAJIQNS
21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basi,s the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 2021 SHSP Standard Assurances Page 10 of 15 Initials ~
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23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally ldentfflable Information (PH) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
27. Energy Polley and ConservatlonAct
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients ·are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB Circular A-129. 2021 SHSP Standard Assurances Page 11 of 15 Initials __ _
29. Fly America Act of 1974
FY21 Standard Assurances
Federal Grant Programs
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
31. Non-supplantlng Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33.SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
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34. T errorlst Financing
FY21 Standard Assurances
Federal Grant Programs
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
37. Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend funding.
• Failure to expend at least 90% of award could affect future funding. 2021 SHSP Standard Assurances Page 13 of 15 Initials~
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• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.
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IMPORTANT
FY21 Standard Assurances
Federal Grant Programs
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCO OA. Cal OES or public scrutiny upon request.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she Is authorized to enter Into this agreement for and on behalf of the Applicant.
Subrecipient:C;;l.-ri Of M:t,Wl ~s -~H
Signature of Authorized Agent: ~ • ~
Printed Name of Authorized Agent: _J;;__;__tA..;;..S_1r._N..;._.::;t;...;lZ..;..f;._Ti_"D_l'i.;..._ ________ _ Title:. _ ___.l'....,'(._r.,...y __ M_· ,;J;.i.,:;N..&,1· JJ.M;:u,,u.-""'-=-g=----______ Date: 1>1/P/wz.. 2021 SHSP Standard Assurances Page 15 of 15 Initials ~
RESOLUTION NO. 25001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DESIGNATING AND
AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE
APPLICATIONS AND DOCUMENTS FOR THE PURPOSES
OF OBTAINING FEDERAL FINANCIAL ASSISTANCE
PROVIDED BY THE FEDERAL DEPARTMENT OF
HOMELAND SECURITY AND SUB-GRANTED THROUGH
THE STATE OF CALIFORNIA AND THE COUNTY OF
RIVERSIDE
WHEREAS, the California Governor's Office of Emergency Services requires that the Palm Springs City Council obtain a resolution in order to be eligible to apply for and receive federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California and the County of Riverside Emergency Management Department; and
WHEREAS, the City of Palm Springs desires to continue to accept the State Homeland Security Program (SHSP) for grant years 2021 and 2022; and WHEREAS, on March 24, 2022, the City Council of the City of Palm Springs authorized the City Manager to execute said applications and documents.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Manager or designee is hereby authorized to execute and submit for and on behalf of the City of Palm Springs, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.
SECTION 3. That this authorization shall be in effect for the duration of the FY 2021, and FY 2022 grant periods of the SHSP.
Resolution No. 25001
Page2
ADOPTED THIS 24TH DAY OF MARCH 2022.
J usTIN boN f)ef lO,....
CITY MANAGER
ATTEST:
E . LOMELI, CMC
CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25001 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 24, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Garner, Holstege, Kors, Middleton, Woods
None.
None.
None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ,,;>1 Yf' day of .&j~n 1 , Rt/22: . . L ELI, CMC
GS INTERIM CITY CLERK
I
FY 2022 DHS STANDARD TERMS AND CONDITIONS
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
A. Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
B. General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass- through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units — i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIII. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act , Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XIV. Ensuring the Future is Made in All of America by All of America’s Workers Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005 which provide that, as appropriate and to the extent consistent with law, the recipient must use all practicable means within their authority under a federal award to provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products.) XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Mem ber of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
XXV. Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
XXXI. Reporting Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
FY 2022 DHS Standard Terms and Conditions
DHS Standard Terms & Conditions: Version 2 January 24, 2022
170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.
XXXII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
XXXIII. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXIV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.
XXXV. Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
XXXVI. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 –175c.
XXXVII. Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVIII. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
"ATTACHMENT B-2"
. I
ATTACHMENT D
CITY OF PALM SPRINGS
· PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-01
RADIOS AND INSTALLATION
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.
What Must I Disclose?
n
A The names of all natural persons who are officers, directors, memb~rs, managers, trustees , and other fiduciaries serving trusts or other types of organizations (attorneys, accountants , etc.).
Note: (1) only trusts or other ori anizations that are not the fiduciaries , (2) if a second entity that is not a natural person ser ,es the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, 11nembers, managers, trustees, etc., of the second entity must be disclosed) .
B. The names of persons owning an inter~st with a value of two thousand dollars ($2,000) or more who have a material finar cial relationship with an elected or appointed City official who will vote on the applicant's appl cation, 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.
1. 2.
3. 4.
5. Name of Entity
RIVCOMM, INC.
PUBLIC INTEGR ITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principal Place of Business)
1330 DODSO N WAY , RIVERSIDE CA 92507
Local or Califo rnia Address (if different than #2)
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 Type of Entity
X 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
RENE LARA
x Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
GARRETT KARLIN
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
xOther _SECRETARY
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
D Other
-
7. Owners/Invest ors 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.
RENE LARA 100%
[percentage of beneficial interest in entity and [name of owner/investor] name of entity] B.
[name of owne r/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 owne r/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 THA T THE FOREGOING IS TRUE AND CORRECT. , Printed Name, Title Date
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 these 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 listing 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%
ATTACHMENT D
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS IFB 23-01
RADIOS AND INSTALLATION
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 b e identified on the appl ication and se ek a City approval determined by a vote of City offi cials. 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 Springs Public In tegrity Ordi nance advances transparency in municipal government and assists public officials in avoiding conflic ts of interest. T he C ity’s Pu blic Integrity Ordinance, codified in Chapter 2.60 of t he municipal code, reflects the City’s interest in ensuring that companies (and other l egal entities t hat are not natu ral p eople) 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 a ny person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a mate rial financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A materia l financial relationship is a relationship between so meone who is an owner/investor in the applicant e ntity and a voting official (or the C ity Manager or C ity Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have d one business together during the year prior to the application;
(2) the official has earned incom e 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 ow ner/investor’s interest in the applicant entity, in relati on to th e application’s outcome.
When Must I File?
You must file this form w ith the Office of the City Clerk at the same time when you file your application for a City approval d etermined b y a vote of C ity of ficials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, m embers, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are no t the fiduciaries, (2) if a second entity that is not a nat ural pers on serves the appl icant enti ty (e.g., as a member of an ap plicant 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
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.
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
Dailey and Wells Communications, Inc.
2. Address of Entity (Principal Place of Business)
3440 E. Houston Street, San Antonio, TX 78219
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State Texas
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, Membe rs, Managers, Trus tees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
___Richard Wells X Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
__JoAnn Wells_________ X Officer Director Member Manager [ name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
Richard Wells
[name of owner/investor]
50%, Dailey & Wells Communications, Inc.
[percentage of bene ficial interest in en tity and
name of entity]
A.
JoAnn Wells
[name of owner/investor]
50%, Dailey & Wells Communications, Inc.
[percentage of benef icial 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 benef icial interest in ent ity 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 T HE LAWS OF T HE STA TE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
Gary Kimmerle, Director Western Region
Date
8/12/2022
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 these supplementary i nstructions to clearly identif y th e 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 e ntities as its m embers or having a financial interest, all other su ch bu siness entities must als o b e di sclosed, including those e ntities other busi ness entities, if any.
Ultimately, th e City’s dis closure document (at tached) requi res a listing identif ying a ll n atural persons having any financial interest over 5% of the b usiness 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 ow ned 50% by Acme Brothers, L LC, a California limited liabil ity compa ny, and J ohn Doe (25% inte rest) 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, w hich is ma naged by G eorge 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. Of
ficers: 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%
CITY COUNCIL STAFF REPORT
09/29/2022 2. A.
City Clerk -
SUBJECT
AN APPLICATION BY CARLOS SERRAO AND MONICA MAY, OWNERS, FOR HISTORIC DESIGNATION OF “THE ROBSON CHAMBERS RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE, (APN #508-216-002), CASE HSPB #143 RECOMMENDATION:
Open the Public Hearing and receive public testimony.1.
2. Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE ROBSON CHAMBERS RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE AS CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #143, SUBJECT TO CONDITIONS (APN 508-216-002).” Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 29, 2022 PUBLIC HEARING
SUBJECT: AN APPLICATION BY CARLOS SERRAO AND MONICA MAY, OWNERS, FOR HISTORIC DESIGNATION OF “THE ROBSON CHAMBERS
RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE, (APN
#508-216-002), CASE HSPB #143
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:
The owners are seeking historic designation of the Robson Chambers residence. The home was designed by Chambers as his family home and constructed in 1946 with additions by Chambers in 1950 and 1956. The Chambers family lived in the home from 1946 until 1961. The proposed period of significance reflects the time during w hich the Chambers family lived in the home.
If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution ____ , “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING “THE ROBSON CHAMBERS RESIDENCE” LOCATED AT 695 SOUTH WARM SANDS DRIVE AS CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #143, SUBJECT TO CONDITIONS (APN 508-216-002).”
BACKGROUND AND SETTING:
A historic resources report dated November 2021 (revised), prepared by Steven Vaught in association with the Palm Springs Preservation Foundation for the owners (“the report”), and a site inspection are the basis of this staff report.
City Council Staff Report
September 29, 2022 – Page 2
Historic Site Designation – The Robson Chambers Residence
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.
April 2022 Site inspection by members of the HSPB and staff.
Ownership Status
July 2018 Purchase by the current owner.
The dwelling at 695 South Warm Sands Drive was designed in 1946 by architect Robson Chambers for his family. The home possesses exception al significance as the work of Chambers, a noteworthy architect from the mid- twentieth century period. His many commissions and association with other important architects from the time, including Albert Frey , contributed to the development of a Modernist style of architecture particularly suited for the harsh desert climate which became known as “Desert Modern”.
The home reflects Chamber’s experimentation and application of using raw materials such as plywood, corrugated metal , laminated plastic , and cement board as finish materials in a simple yet elegant way.
ANALYSIS AND FINDINGS:
The board’s analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated May 4, 2022.
The Board made findings in support of Class 1 (Landmark) designation based on th e following criteria:
PSMC 8.05.070, (5,C,1,Part a). The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; and,
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value.
The boar d also made findings pursuant to PSMC 8.05.070, (5,C,1,Part b) , “Historic Integrity” that the Chambers Residence possesses sufficient historic integrity to qualify it as a Class 1 (Landmark) historic site.
CONCLUSION:
The HSPB found that the Chambers residence meets the definition of a historic resource
City Council Staff Report
September 29, 2022 – Page 3
Historic Site Designation – The Robson Chambers Residence
based on Criteria 2, 3, 4 and 5 of the Palm Springs Historic Preservation Ordinance and possesses sufficient historic integrity to qualify as a Class 1 ( Landmark) site . Their recommendation to the City Council reflects these findings which are outlined in the attached draft City Council resolution.
ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
NOTIFICATION:
Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, written notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property, the agenda for this meeting was also distributed to neighborhood organizations within a mile of the subject parcel and notice was published in a newspaper of general circulation.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager Teresa Gallavan
ATTACHMENTS:
A. Vicinity Map.
B. Draft Resolution.
C. Application, related background materials, photos.
D. HSPB staff report, minute excerpt and resolution.
ATTACHMENT A
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
HSPB #143 – “The Chambers Residence”
696 South Warm Sands Drive
ATTACHMENT B
RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING “THE ROBSON
CHAMBERS RESIDENCE” LOCATED AT 695 SOUTH WARM
SANDS DRIVE, AS CLASS 1 (LANDMARK) HISTORIC
RESOURCE HSPB #14 3, SUBJECT TO CONDITIONS (APN 50 8-
216-002).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Carlos Serrao and Monica May, owners, submitted an application to the City seeking historic site designation of The Robson Chambers Residence located at 695 South Warm Sands Drive, Case HSPB #143; and
C. WHEREAS, in April, 2022, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on May 4, 2022, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #143 was held in accordance with applicable law ; and
E. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Robson Chambers Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on September 29, 2022, a noticed public hearing of the Palm Springs C ity Council to consider Case HSPB #143 was held in accordance with applicable law; and
G. WHEREAS, at said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.
Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
City Council Resolution No.____
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
The Chambers Residence reflects the modernist tenets of architecture widely applied in Palm Springs in the mid twentieth century. It reflects the design talent of an architect who is widely recognized for his collaboration with master architects Albert Frey and John Porter Clark. Its construction is unique in the manner in which Chambers utilized plain, utilitarian materials such as corrugated sheet metal and plywood for exterior surfaces.
(Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community;
The report does not list any events associated with the home that contributed to the nation, state or community. Thus, it does not qualify under Criterion 1.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report asserts that the site should be deemed historic for its association with the life and work of architect Robson Chambers. The report notes that Chambers made a meaningful contribution to local history based on the many architectural commissions he participated in while in partnership with Albert Frey from 1946 until 1966.
In 1966, Chambers left Palm Springs and began a new phase in his career as campus architect for the University of California, Santa Barbara, a role he played until 1982 when he moved to the desert community of Borrego Springs where he had a steady flow of commissions until his return to Santa Barbara in 1998 and it was there he passed away at age 80 in 1999.
The report lists some of the many architectural commissions on which Chambers collaborated with Frey and many of these co- designed buildings have been recognized as part of the basic collection that became known as “Desert Modernism” or “The Palm Springs School of Architecture” was formulated. Thus Chambers was not only a person of significance because of the quantity of commissions for which he was associated, but for the influence these commissions had in the emergence of a particularly unique form of Modern architecture – one that was both influenced by and responsive to the harsh climate of the desert. For these reasons, the site qualifies as a historic resource under Criterion 2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
As noted in the report, the many buildings that Chambers designed in collaboration with Frey collectively reflect the post -World War II period in which Modernist architecture was embraced enthusiastically by residents, business owners, school districts and civic leaders for its forward- looking style and material simplicity and efficiency of construction.
The minimalistic designs from this period seemed to reflect the casual, simple leisure lifestyle
City Council Resolution No.____
that many families in the post -war period embraced. For these reasons, the site qualifies as a historic resource under Criterion 3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
The Chambers residence, with its simple forms and open flexible floor plan lent itself to simple materials. The scarcity of many types of building materials, coupled with the efficiency of construction that could be achieved with large thin sheets of corrugated metal and recent mass- production techniques of products like plywood and laminated plastics gave architects in the post War era a new palette of materials with which to design and build. The Chambers residence is quite unusual in its use of plywood and cement board panels for exterior wall surfaces; using rough, raw materials as the finished surface. This “honesty of materials” and visibly exposing the fasteners and structure can be considered similar to the tenet of Modern architecture of structure becoming the ornament on the building. Thus, it is eligible as a historic resource relative to Criterion 4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
Robson Chambers work, in collaboration with Frey and Clark represented a departure from traditional architectural style and use of materials. The expansive use of glass, generous eaves, exposed simple materials all contribute to the particular style of Modern architecture that has recently been referred to as “Desert Modern”. Chambers work contributed to this unique, regional style for which Palm Springs is known. Current designers and architects who embrace the characteristics of Desert Modern are influenced by the simplicity and straight -forward designs of Chambers and his peers. Thus the building qualifies as a historic resource based on Criterion 5.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that the Chambers residence qualifies under Criterion 6.
(Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided in the historic resources report on any pre-historic significance of the site.
SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or
City Council Resolution No.____
object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
The Chambers residence is evaluated in terms of its historic integrity as follows:
1. Location:
The Chambers residence remains in the same location that it was constructed, thus it retains integrity of location.
2. Design:
The design of the Chambers residence was one of flexible use of space and spatial volumes designed to accommodate growth and expansion of the home as the family grew. The additions made after the period of significance, such as the swimming pool and air conditioning (1966), the addition to the living room (1973) and the perimeter garden wall (2019) do not materially impair the design integrity of the home.
The home has a good degree of design integrity.
3. Setting:
The report does not provide information about the nature of the surrounding neighborhood at the time the home was constructed, however it is reasonable to assume that the time of construction, the residence was one of the first homes built in the vicinity and the area was mostly open desert. Today the neighborhood is fully built out, thus the setting of the home has changed from that of open desert to a neighborhood of single-family residences.
4. Materials:
The simple exterior materials used in the exterior of the home remain mostly i ntact and thus material integrity remains.
5. Workmanship:
The home is of average workmanship common for the era of the 194 0’s although the creative use of industrial materials such as curved corrugated steel panels for soffit and fascia reflect a talented craftsman. Rough materials were well -crafted to become finished surfaces that have survived the test of time.
6. Feeling:
The residence retains its feeling as a modest home from the 1940’s. Its unique use of common materials for finished surfaces continues to draw attention thus retains integrity of feeling.
7. Association:
City Council Resolution No.____
The Chambers residence continues to reflect and convey its association with the mid- twentieth century period in Palm Springs when young architects were experimenting with simple materials in creative ways to create modest affordable and interesting dwellings.
In summary, the home retains sufficient integrity to qualify as a Class 1 (“Landmark”) historic resource.
SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from no n-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
Character-defining features of the home are as follows:
• Flat roof
• Deep eaves and overhangs constructed of curved corrugated metal panels. • Large expanses of floor to ceiling glass.
• Open carport.
• Low cost “industrial” material such as Flexboard, corrugated metal, plywood and pumice blocks for the fireplace.
• Simple form and massing with no ornament or decorative elements.
Non-contributing elements:
• The swimming pool.
• The hardscape and landscape.
• The perimeter walls.
• The screening around the rooftop mechanical equipment.
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
City Council Resolution No.____
SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:
According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:
1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section
8.05.020.
2. An archival file on the property shall be maintained by the City.
3. It may be qualified as ‘historic’ at the federal, state, and/or county level.
4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.
5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.
6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.
7. The site shall not be further subdivided.
8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.
Based upon the foregoing, the City Council hereby designates “T he Robson Chambers residence” located at 695 South Warm Sands Drive, a C lass 1 (Landmark) Historic Resource (Case HSPB #143).
ADOPTED THIS TWENTY-NINTH DAY OF SEPTEMBER 2022.
TERESA GALLAVAN
INTERIM CITY MANAGER
ATTEST:
BRENDA PREE, CITY CLERK
City Council Resolution No.____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, CITY CLERK
ATTACHMENT C
1 DO
The Robson and
Helen Chambers
Residence
695 South Warm Sands Drive
Palm Springs, CA 92264
Nomination Application
for City of Palm Springs
Class 1 Historic Resource
Prepared by
Steve Vaught
for the
Palm Springs Preservation Foundation
November 2021 Revised
2 Acknowledgements
The author gratefully wishes to thank
the following individuals/organizations for
their professional expertise and/or editing assistance:
Monica May and Carlos Serrao; Barbara and Ron Marshall; Julia Larson, University of California, Santa Barbara Architecture and Design Collection; Getty Research Institute; Nancy Hadley, American Institute of Architects; Orange Coast Title Company of Southern California; Jackie Linares, Palm Springs Department of Building & Safety; Ron Duby; and Renee Brown, Palm Springs Historical Society
Front cover: Robson & Helen Chambers Residence, photographed by Julius Shulman. (J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004 R.10))
Above: Helen and Robson Chambers captured in a domestic scene by Julius Shulman. (J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004 R.10))
3 THE
ROBSON & HELEN CHAMBERS
RESIDENCE
Class 1 Historic Resource Nomination
Table of Contents
INTRODUCTION: PAGE 4
EXECUTIVE SUMMARY: PAGE 5
CLASS 1 HISTORIC RESOURCE DESIGNATION APPLICATION FORM: PAGE 8 STATEMENT OF SIGNIFICANCE: PAGE 12
BACKGROUND/HISTORIC CONTEXT: PAGE 38
EVALUATION FOR CLASS 1 RESOURCE DESIGNATION: PAGE 38
INTEGRITY ANALYSIS: PAGE 41
APPENDICES
I Owner’s Notarized Letter of Support
II Grant Deed
III Assessor’s Parcel Map
IV Site Plan
V Google Earth Image
VI Chain of Title/Permit History
VII Robson Chambers Biography
4 Introduction
The Palm Springs Preservation Foundation (PSPF) is a non -profit organization whose mission is “to educate and promote public awareness of the importance of preserving the historical resources and architecture of the city of Palm Springs and the Coachella Valley area.”
In May 2021, the PSPF board of directors assigned the task of writing the Robson and Helen Chambers Residence’s Class 1 Historic Resource nomination to Steve Vaught.
The Owner’s Letter of Support is at Appendix I.
Facia detail, Chambers Residence.
(Courtesy Carlos Serrao + Monica May, 2018)
Prepared by Steve Vaught on behalf of:
Palm Springs Preservation Foundation
1775 East Palm Canyon Drive, Suite 110-195
Palm Springs, CA 92264
760-837-7117
[email protected]
5 Executive Summary
SIGNIFICANCE:
The Robson and Helen Chambers Residence (hereinafter referred to as the “Chambers Residence”) is located at 695 South Warm Sands Drive in the Warm Sands Park tract.
Completed in 1946 with additions by Chambers in 1950 and 1956, the home was built as the architect’s own personal residenc e and would remain so throughout his rise to prominence as one of the desert’s “Master” architects. In his design of the home, Chambers applied both the philosophy and aims of what was to become the Desert Modernist movement. The home’s innovative design was recognized on both a regional and national scale and was published multiple times in newspapers and magazines as well as being chosen by Architectural Record to appear in its 1954 book, A Treasury of Contemporary Houses.
The Chambers Residence is an important example of a custom modernist home, which exhibits numerous stylistic features that place it within the historic context of the period “Post World War II Palm Springs (1945-1969)” as defined in the Citywide Historic Context Statement & Survey Findings created by Historic Resources Group. This is a period that has come to be known as the heyday of “Palm Springs Modernism,” when a group of talented architects and designers, of whom Chambers was in the forefront, created “what many consider the largest and finest concentration of mid -20th century Modern architecture in the United States.” The specific period of significance for the Chambers Residence are the years between 1946 -1961, the time in which the home was built and occupied by Chambers and his family.
DESIGNATION CRITERIA:
The Chambers Residence is listed as being individually eligible for a Class 1 Historic Resource designation by the Citywide Historic Resource Inventory.
Criteria for the Designation of a Class 1 Historic Resource: Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C,1): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the U.S. Department of the Interior National Register Bulletin “How to Apply the National Register Criteria for Evaluation” of potentially historic resources for further information.
FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
8.05.070 C.1.a (paragraph ii) - Persons: This criterion recognizes properties associated with the lives of persons who made meaningful contributions to national , state or local history. Having been personally designed by and resided in for more than 15 years by Robson Chambers, one of the most prominent architects in Palm Springs during the heyday of Desert Modernism , the Chambers Residence
6 certainly qualifies under this criterion . There fore, the Chambers Residence qualif ies for listing as a Class 1 Historic Resource under Criterion 2.
8.05.070 C.1.a (paragraph iii) – Exemplification of Period: This criterion recognizes resources that reflect or exemplify a particular period of national, state or local history.
The Chambers Residence qualifies under this criterion as a noteworthy example of the type of structure, both in spirit and in style, created during the period after World War II when Palm Springs became renowned for the qu ality and variety of its modern architecture. The Chambers Residence possesses numerous distinctive characteristics that make up the Modern style. Therefore, the Chambers Residence qualifies as a Class 1 Historic Resource under Criterion 3.
8.05.070 C.1.a (paragraph iv) - Construction: This criterion recognizes resources which embody the distinctive characteristics of a type, period or method of construction.
The Chambers Residence is eligible under this criterion as a virtual textbook of midcentury modern construction as adapted to a desert environment with frame construction, low -cost materials such as Flexboard, concrete, corrugated aluminum, and extensive use of glass, both in fixed and in sliding forms. Therefore, for its distinctive characteristics and method of construction , the Chambers Residence qualifies as a Class 1 Historic Resource under Criterion 4.
8.05.070 C.1.a (paragraph v) - Design: This criterion recognizes resources that are the work of a master builder, designer, artist or architect whose individual genius influenced his age, or possessed high artistic value. The Chambers Residence exhibits distinctive features associated with Modern architecture in both the materials used and its design, including overall horizontality, lack of ornamentation, extensive use of glass and a design which seeks to blur the line between indoor and ou tdoor spaces. As a custom residence skillfully designed by Robson Chambers, it rises to the level of work by master architects with high artistic values. Therefore, for its distinctive characteristics, as the work of a Master architect, and for its high artistic values , the Chambers Residence qualifies as a Class 1 Historic Resource under Criterion 5.
SUMMARY:
This evaluation finds the Chambers Residence eligible for listing as a Palm Springs Historic Resource under 8.05.0 70 C.1.a paragraphs ii, iii, iv and v of the local ordinance’s seven criteria. Additionally, the Chambers Residence retains a “high degree” of integrity (see “Integrity Analysis”).
7 Robson Cole Chambers, AIA (1919-1999)
(Courtesy Robson Chambers Papers, Architecture and Design Collection, UC, Santa Barbara)
8
CITY OF PALM SPRINGS
Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Phone 760 323 8245
Fax 760 322 8360
Historic Preservation Officer 760 322 8364 x8786
HISTORIC RESOURCE DESIGNATION (HRD)
WHEN TO USE THIS APPUCAJION:
Use this application if you are seeking Class 1 or Class 2 historic designation for a property or parcel or for historic district applications.
Use the MINOR ARCHITECTURAL APPLICATION FORM (MAA) if you are seeking approval for alterations to Class 1, Class 2, Class 3 or Class 4 historic sites. (Contact the Planning Department if you are unsure of the classification of your property.) WHO MAY APPLY:
Any individual or organization may apply to the City for consideration of a request for historic resource designation. Applications must be signed and notarized by the owner(s) of record of the site, structure , building or object for which the designation is sought.
PROCEDURE:
1. For proposed historic sites or resources: Refer to Palm Springs Municipal Code ("PSMC") Section 8.05.070 for Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources. Visit: www.palmspringsca/gov /government/departments/planning /municipal code/ title Bisection 8.05 "Historic Preservation ").
2. For proposed historic districts: Refer to Municipal Code Section 8.05.090 for Procedures and Criteria for Designation of Historic Districts. Visit: www.palmspringsca.gov /government/ departments/planning/municipal code/Title Bisection 8.05 "Historic Preservation .
3. Complete all parts of the application and include related reports , mailing labels and back up information in support of the application . Denote "NA" for any line item that is not applicable.
4. Once the application is complete, contact the Planning Department and schedule a pre application conference with the City's Historic Preservation Officer ("HPO").
5. Submit the completed application and related materials to the Department of Planning Services.
A Planning Department case number will be assigned to the application .
6. Applications for historic site / resource or historic district designation are evaluated by staff in the City Planning Department who will prepare the application for consideration by the City's Historic Site Preservation Board ("HSPB") at a noticed public hearing. Applicants should plan on attending the hearing. City staff will schedule site visits for members of the HSPB to become familiar with the site prior to the public hearing. (Exterior review only, interiors are not subject to HSPB review.)
7. At the public hearing, the HSPB will evaluate the application and make a recommendation for City Council action. The City Council will consider the application and the HSPB's recommendation at a second noticed public hearing. The applicant should again attend that hearing.
8. The final action of the City Council to designate will be recorded on the property title with the County Recorder's office.
FOR HISTORIC SITE/ RESOURCE APPLICATIONS, SEE CHECKLIST FOR CLASS 1 AND 2.
FOR HISTORIC DISTRICT APPLICATIONS, SEE CHECKLIST FOR HISTORIC DISTRICTS .
HISTORIC RESOU RCE DESIGNATION APPLICAT ION (4-10-19) KL 1 of 1
9
For Staff Use Only
CITY OF PALM SPRINGS
Department of Planning Services
3200 E. Tahquitz Canyon Way, Palm Springs , CA 92262
Tel 760-323 -8245 - FAX 760-322-8360
Case Number: ________ _
In-Take Planner: _______ _
Date : ------------
HISTORIC RESOURCE DESIGNATION
PLANNING / ZONING GENERAL INFORMATION FORM
TO THE APPLICANT: Comp lete all parts of this application. Denote "NA" for lines that are not applicable. project lotormat;on·
Applicant's Name: Carlos Serrao and Monica May
Applicant's Address: 695 South Warm Sands Drive. Palm Springs. CA 9226 4 Site Address: 695 South Warm Sands Drive. Palm Springs, CA 92264 APN: 508-216-002 Phone #: 213-280-907 1 Email: carlosserrao@carlosserrao .com Zone:____ GP: ____ _ Sect ion/Towns hip/Range: __ / __ / __ _ Descr iption of Project:
An important example of early Desert Modern design , the Chambers Residence was designed as the personal residence of Robson Chambers , one of Palm Springs' foremost midcentury architects. It is a classic representation of Desert Modernism in layout, materials employed , and design philosophy. Its innovative design received regional and national attention.
Note: For Historic District appl icat ions: on a separate page provide a list of all sites/parcels with in the proposed historic district boundaries with the same informa tion listed above.
Is the project located on the Agua Caliente Band of Cahuilla Indians Reservation?Yes /No: _ N~o_. _______ _ (Refer to the Land Status Map under Tribal Resources on the Plann ing Department home page) Const ruction Date:_1...:9:....:4-=-6 ____ D Estimated Actual (denote source, i.e. building permits) Architect: --------'- R"'""o=b-=-s-=-on'-'--=C'-'-h=a""'m""'b'-"e-'-'rs"-'-/-=-C-'-"la'-'-rk'-'--=-&'--'F""""'r-=-e.L.y ____________________ _ Original Owner: Robson and Helen Chambe rs
Common/ Historic Name of Property: Robson and Helen Chambers Residence; Chambers Residence Other historic assoc iations: --------------------------------- Attac h to this application any informat ion, photos, drawings, newspaper articles , reports, studies, or other materials to fully descr ibe the characteristics or cond itions that support this appl ication for histor ic designat ion.
Architectural Style: M i d c e n t u r y M o d e r n
Refer to the Architectural Styles chapter of Citywide Historic Context Stateme nt, under Histor ic Resources on the Planning Departme nt Home Page: www.pa lmspri ngsca.gov .
10
HISTORIC RESOURCE DESIGNATION APPLICATION (CONT.)
cr;ter;a for the pesjanatjon of a c1ass 1 Hjstor;c Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.0?0(C, 1 ): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the US Department of the Interior National Register Bulletin "How to Apply the National Register Criteria for Evaluation" of potentially historic resources for further information.
Provide a written description of how the site qualifies as a historic resource per the following Findings . Please provide answers on a separate sheet or report.
FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
a. The resource is associated with events that have made a meaningful contribution to the nation, state, or community. 1
b. The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.
c. The resource reflects or exemplifies a particular period of national, state or local history. d. The resource embodies the distinctive characteristics of a type, period, or method of construction. e. The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possess high artistic value. f. The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.
FINDING 2: The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards. Provide a written description for each element as listed: Design; Materials; Workmanship; Location; Setting; Feeling; and Association. 2 cr;ter;a for the Desjgnat;on of a c1ass 2 Hjstor;c Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.0?0(C, 1 ): A site, structure, building, or object may be designated as a Class 2 historic resource of a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided the site, structure, building, or object exhibits significance and meets one or more of the criteria listed in Finding 1 above. A Class 2 historic resource is not required to meet the findings for integrity as described in Finding 2.
cr;ter;a and Eiodioqs for pesjgnatjon of Hjstorjc Pistrjcts· In addition to the criteria listed in Finding 1, to be considered for designation as a Historic District, a defined area must:
a. Contain contributing resources on a majority of the sites within the proposed district which individually meet the criteria in Finding 1. The defined area may include other structures, buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development. Provide a separate list by address and Assessor Parcel Number (APN) for each site/parcel that meets the criteria outlined in Finding 1. b. Identify non-contributing properties or vacant parcels to the extent necessary to establish appropriate, logical or convenient boundaries. Provide a separate list by address and APN number for each site/parcel within the proposed historic district that is considered non-contributing to the overall historic significance of the historic district.
1 NOTE: Unlike the National Trust criteria, the City's criterio n does not consider "patterns of events". For considera tion of "patterns of events", use Criterion "C", reflecting a particular period.
2 NOTE: Refer to the U.S. Department of the Interior Bulletin for "How to Evaluate the Integrity of a Property ".
11
CITY OF PALM SPRINGS
PLANNING DEPARTMENT APPLICATION
HISTORIC RESOURCE DESIGNATION
CLASS 1 AND CLASS 2
APPLICANT'S REQUIRED MATERIAL CHECKLIST
The following items must be submitted before a Historic Resource Designation application will be accepted. Please check off each item to assure completeness. Provide twelve (12) hard copies and one (1) PDF copy of the followi ng materials unless otherwise noted:
Application Information:
• General Information form (1 copy)
• Notarized letter from property owner consenting to Historic Designation (1 copy) • Ownership and Address History ("Chain of Title") (1 copy) Historic Resource Report :
The following items shall be included in a historic resources report describing the site, structure, buildings, or objects eligible and appropriate for designation per PSMC 8.05.070.
• Photographs of the exterior of the proposed site, structure, buildings or objects . • Aerial photo of the site/resource (from Google Maps or equal). • Information on the architect , designer , and/or developer . • Date and method of construction. Provide copies of building permits. • A detailed assessment of the character defining features describing materials , architectural details/style , landscape elements, or other relevant descriptors . • Evaluation of the site relative to the Criteria and Findings for Designation of Class 1 and Class 2 Historic Resources .
Additional Information :
• Site Plan: 8-12" x 11" or 11" x 17"
• Public Hearing labels per PSZC Section 94.09.00.
• Any other docume ntation or research as may be necessary to determine the qualifications of the site, structure , building, or objects.
Applicant
Only
• • •
•
Ill
•
• •
City Use
Only
0 0
0 0
0 0
0 D
0 0
0 0
0 Applicants are encouraged to review the bulletin from the U.S. Department of the Interio r titled "How to Apply the National Register Criteria for Evaluation ". (National Register Bulletin 15 (http://www.ns.gov/history/nr/publications/bulletins/nrb15/)).
Revised 6/5/19 GM
12 Statement of Significance
Summary
Completed in 19 46, the Chambers Residence is located at 695 South Warm Sands Drive on Lot 41 of the Warm Sands Park tract of Palm Springs. It should be noted that the Riverside County Assessor gives the address as 695 Warm Sands Court, however, this appears to be an error. Further, the Assessor states the completion date as 1947.
Chambers himself gave the date of 1946 as the initial year of completion.
The legal description per the Riverside County Assessor is LOT 41 MB 020/065 WARM SANDS PARK.
Map of the Warm Sands Park tract as shown in the
City of Palm Springs Citywide Historic Context and Survey Findings.
Lot 41, location of the Chambers Residence, is shown in blue.
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13 Warm Sands Park Tract
As noted in the Palm Springs Citywide Historic Context and Survey Findings, the Warm Sands Park tract was developed in 1945 and consists of a combination of single and multi-family dwellings. The tract is bounded by Ramon Road on the north, Sunny Dunes Road to the South, Warm Sands Drive to the east, and the adjacent Warm Sands tract on the west. While the survey findings note no specific developer, the tract was marketed by John Chaffey of the Harold Hicks office in 1946 , both important figures in Palm Springs real estate development . Today, Warm Sands Park is a mix of private residences, small hotels, apartments, and spas.
First Owners, Robson and Helen Chambers
In 1946, Robson Chambers joined the firm of John Porter Clark and Albert Frey, which was gearing up for a new wave of construction activity following the end of World War II. Accepting the position meant a move to Palm Springs but both Chambers and his wife Helen were excited by the idea, be lieving it was a place of great opportunity in a beautiful, healthful environment.
Although born in Los Angeles, Chambers was no stranger to Palm Springs, having grown into adulthood in neighboring Banning where his father ran the local pharmacy.
Chambers was also no stranger to the profession of architecture. His uncle Harold C.
Chambers (1885 -1971) was one of Southern California’s most prominent architect/engineers as part of the venerable firm of (Myron) Hunt & Chambers. By the time of his graduation f rom Banning High School in 1936, Chambers had decided to follow in his uncle’s, rather than father’s footsteps and become an architect.
Chambers went to the University of Southern California, which was known for its highly- regarded program in architecture , graduating with honors in 1941. As part of the ceremony, Chambers was singled out for an award by the American Institute of Architects.
Upon graduation, Chambers was offered a position in his uncle’s firm. While it is unknown what projects he may have been involved with in these first pre -war months of 1941, it is possible he may have assisted in the planning of the Palm Springs residence of famed Hollywood director/producer Howard Hawks.
The coming of war brought a change in Chambers’ career trajectory. Although he remained at Hunt & Chambers, the work shifted from high -end residences, civic and commercial structures to military construction projects. By their very nature, their design and construction needed to be fast, efficient and produced using the simplest, cheapest materials available. This proved to be a great training ground for Chambers later post- war work in designing cost -efficient housing in Palm Springs including that of his own home.
Holding the rank of Technical Sergeant in the U.S. Marine Corps, Chambers did architectural and planning work throughout the west including a year in Pearl Harbor.
14 The bulk of his time was spent heading a small architectural section at Camp Pendleton near Oceanside in San Diego County. It was during this time, Chambers met and fell in love with his future wife Helen Snow (1916 -2004), who was described as coming from one of Vista’s most prominent families. The pair were married on June 12, 1943.
War’s end brought a return to civilian projects, but it was soon clear that Chambers would need to make a change in firms as Myron Hunt, nearing 80 and in poor health, was heading to retirement. It was then that an opportunity rose in the form of Albert Frey who offered him a junior position at the Palm Springs firm of Clark & Frey . Chambers welcomed the chance to work with a fellow modernist and fulfill his long -held wish to design structures in a desert environment.
Chambers Residence Planning
Robson and Helen Chambers Residence as it appears today. (Courtesy Carlos Serrao + Monica May, 2020)
Chambers’ first priority upon relocating to Palm Springs was to secure a home for himself and Helen as well as for the family they planned to start. Chambers was one of the earliest buyers in the newly -subdivided Warm Sands Park tract , securing a corner view lot on the southside of the tract in June 1946. The choice of the lot was critical for Chambers. While any homebuyer would carefully consider the location of their future home, Chambers took exceptional interest, not only in the views, but prevailing winds, duration and direction of sunlight, etc. He wanted his home to serve as a laboratory where he could put his ideas about desert design into practice. Therefore, finding just the right lot was essential.
15 Once he had found the proper lot, Chambers headed to his drafting table to create the plans for his new home. The architect had two main design goals. First, he wanted it to be usable year-round rather than merely as a seasonal dwelling. While today this is not a major issue owing to central air conditioning, in 1946 it was a challenge and it informed virtually every aspect of the home’s planning and construction.
The second issue was future expansion. Both he and Helen were planning on children and he wanted the house to be able to grow along with his family. As such, Chambers geared the layout and positioning of the house to more easily accommod ate expansions. In fact, he went as far as to predesign such expansions even though they would not be needed for a period of years. Chambers was thinking ahead, not only for the needs of his own family, but for other potential home buyers as well who would want the same adaptability as he was building into his own design. And he would incorporate this feature into his future plans of low-cost desert dwellings.
A plot plan taken from Robson Chambers’ September 17, 1946 plans for the residence. Note position of house on lot and use of oleander and canebrake to define outdoor spaces. (Courtesy Carlos Serrao + Monica May)
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16 In the design and construction of his new home, Chambers worked within an extremely limited budget. While this may have been out of necessity, it also fit within his desire to find ways to produce inexpensive yet quality dwellings specifically geared to respond to the unique environmental challenges of desert living.
The house was to be built on a good -sized corner lot of 100’x106’, which was nearly a square in shape. Chambers positioned the house to be almost, but not quite, in the center of the lot in order to give space options on all four sides for both outdoor activities and future expansion. The northern part was the narrowest, as this was to be where the service portion and future carport were to be located.
Chambers’ exterior design showed a strong emphasis on horizontality, highlighted by a flat roof from which projecting eaves served to shade the structure from the desert sun.
The outdoor and indoor spaces were connected through generous use of floor-to-ceiling glass panels in fixed and sliding forms, which extended to outdoor “rooms” defined by extended wing walls and/or landscaping.
A study of the interior plans for the Chambers residence shows an outwardly simple and straightforward design yet its simplicity belies the carefully considered thought behind every element from orientation of the rooms, flow , both internally and to the outdoors, light, wind, and future expansion.
A floor plan of the Chambers Residence showing plans for future expansions as seen in the 1954 book A Treasury of Contemporary Houses. (Courtesy Carlos Serrao + Monica May)
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17 In its original form, the house lacked a formal dining room. Chambers addressed this issue with the creation of a “dining patio” on the east side of the house. Floored with concrete pavers and sheltered by the overhanging roof eaves, this allowed the family to dine al fresco and enjoy the desert atmosphere and scenery. To keep the space from being too dark under the wide eaves, Chambers included a slatted section to allow light to enter. Chambers also added a 3” diameter pipe column connected from the ground to the eaves for support. Finally, he included a “pass through” window from the kitchen so that food and drink could be accessed without having to go in and out of the house.
Perhaps the most interesting design feature in the original plans was the flexibl e bifurcated living area, which allowed it to be split into two spaces through a sliding plywood door. The southwestern portion could (and did) serve a variety of functions from a den, guest bedroom, and children’s bedroom, as needs required. Chambers ensured the room had its own separate entrance to the north as well to allow access to the rest of the house without having to go through the living room divider door. And, as did all of the principal rooms, both parts of the living room had access to the outd oor spaces through sliding glass doors.
Chambers and Frey Design Comparisons
Chambers was no neophyte, at least in theory, when he embarked upon the design of his first desert house. He had been interested in the subject from at least as far back as his days at the USC School of Architecture and, through his wartime work, had gaine d valuable insight into low -cost materials and methods of construction. By the time he began drawing up his plans, Chambers had no doubt developed his own theories and ideas regarding the challenges of building in the desert.
Therefore, it is remarkable t o note how similar Chambers’ house design was in comparison with that of the home of his new employer Albert Frey (Frey House 1, 1940), and Frey’s recent (1945) design of a home and guest house for former silent screen star Raymond Hatton in Rancho Mirage. In philosophy, physical layout, and construction, these homes bore a kinship so close they appear ed to share the same DNA.
Yet, this does not show a lack of inspiration on the part of Chambers but rather the opposite, revealing just how closely the two w ere in synch when it came to their approaches to low-cost desert dwellings. The Chambers house was no mere copy of a Frey design, and it incorporated the best of both architect’s thinking.
The closeness of the designs may explain why the house has sometim es been misattributed as being a Chambers/Frey collaboration, and while Frey doubtless offered advice on the plans to his new employee, there is no evidence of his being actively involved in the actual design.
18 Chambers House Construction
The freshly completed Chambers Residence allows a clear view of the simplicity of its construction in Flexboard, glass and aluminum. Julius Shulman photograph. (J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004 R.10))
Construction of the Chambers Residence was done over the fall of 1946 at the modest cost, exclusive of furnishings, of $7,127. The first step was to create the foundation, which was poured concrete slab. This was selected, as were all construction materials, for its suitabilit y to the desert environment as well as being maintenance free. In choosing materials, Chambers looked for that which could withstand the temperature extremes, the wind and the dryness of the local environment.
The walls were wood framed and then sheathed in 4’x8’ sheets of Flexboard, which was composed of a mixture of concrete and Asbestos. These sheets were attached to the framing studs with screws. In this, as was the case with the other materials used in the home’s construction, Chambers had a leg up i n the form of Albert Frey. He had used these exact same materials in the construction of Frey House 1 (even screwing some of the boards in himself) in 1940. Chambers was able to see how well these materials
19 had held up over a half -dozen years and was confi dent they would do the same in his own residence. And here, Chambers went Frey one better when it came to a raw look by leaving the Flexboard siding unpainted. There was also no stucco applied either to the exterior or anywhere else in the home as it did n ot hold up as well to the desert temperature extremes.
An early view of the south façade. Note the pumice stone fireplace wall and sun patio formed by the crook of the bedroom and living room. Julius Shulman photograph. (J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004 R.10))
As Frey had done with his designs, Chambers employed wing walls which extended from the indoors into the outside, defining outdoor “rooms” for social activities as well as serving as wind screens. The most notable was the one running on an east/west axis which formed part of the northern living room wall inside then continued outside to form the southern wall of the dining patio. Overall, however, Chambers was not as bold in his use of wing walls as Frey had been, preferring instead to use the landscape, most notably oleander hedges and canebrakes to define the boundaries of outdoor rooms.
20 Chambers not only kept the wing walls shorter, he veered from Frey in their sheathing.
Frey had covered similar walls with corrugated aluminum panels, 4’x8’, which he placed in such a way so as to emphasize the horizontality of the design. Chambers kept his wing walls raw on the exterior, preferring the look of the exposed Flexboard.
Frey had selected corrugated aluminum as a building element for both his own house and the Hatton House/Guest House. It served as a heat deflector against the harsh desert sun, while having the added benefit of providing some decorative interest in an otherwise unadorned design.
Chambers, too, used corrugated aluminum for the same reasons as Frey, but he did so in an entirely different way. Chambers used the aluminum to serve as the fascia for the overhanging roof, bending the sheets “sombrero style” so they formed a graceful curve from the underside of the roof.
A Shulman view of the dining patio looking south across Sunny Dunes Road and mountains beyond.
(J. Paul Getty Trust. Getty Research Institute, Los Angeles (2004 R.10))
21 Chambers ensured that no lintels appeared over the glass panels and the underside of the roof/ceiling flowed seamlessly between the indoors and the outside. Chambers had differed from Frey in the choice of interior ceilings. While Frey preferred painted corrugated aluminum, Chambers designed his ceilings to be plywood panels.
The eaves extended outwards from all sides of the roof with the exception of the north and west where, according to Chambers, it could not be made wide enough to counteract the western sun. Therefore, on the west façade, Chambers created a louvered panel blind to cover the west-facing window panel whose blades, according to the Los Angeles Times, “could be changed to suit the intensity of the sun.”
The home’s Flexboard exterior was relieved on all sides but the north by extensive use of glass. As Frey had done before him, Chambers used aluminum -framed 8’ floor -to- ceiling glass panels and sliding glass doors to bring the outdoors in. This concept was the very heart of the home ’s design, yet, like every other element, it had a practical purpose as well. The glass allowed winter sun into the house (October -April) while airflow could be directed, depending on need, by the opening of various doors and/or windows.
Another relief from the Flexboard was in the fireplace wall, which was made of locally - produced pumice block. This was one of the few areas painted on the exterior, being done in a “creamy mustard.” A 1951 article on the house in the Los Angeles Times noted that paint was also used on the exterior trim with teal blue chosen for the purpose “because it fades subtly.”
While aspiring for extreme simplicity, Chambers did not neglect critical infrastructure in his design such as modern bathroom and kitchen plumbing/fixtures, w all insulation, electrical heating, as well as an evaporative air cooler on the roof.
Interior
While the exterior was, by design, intentionally raw and unadorned, the interior spaces were softer and more finished . Here, plywood panels were placed on both walls and ceilings. These were in the same 4’x8’ size as the exterior Flexboard which helped ensure a desired continuity of overall form. However, while the ceiling panels were smooth, the wall panels were a combed plywood which gave off a pleasing texture.
Inside, paint was more extensively used but the colors were chosen to compliment the desert surroundings. Walls and ceiling were “malt chocolate brown” with the interior fireplace wall done in a “citrus” color . The smooth concrete floors were covered with rush matted rugs and furnished with simple pieces the couple had purchased or existing family heirlooms.